Turlock City Council
January 28, 2025

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20. Termination of Work by City for Its Convenience . City shall have the right to terminate this Agreement at any time for its convenience by giving notice of such termination to Professional.

In the event City shall give such notice of termination, Professional shall cease rendering Services upon receipt of said notice given as required in this Agreement. If City terminates this Agreement:

(a) Professional shall deliver copies of all Products p repared by it pursuant to this Agreement.

(b)
If City terminates this Agreement for convenience before City issues the Notice to Proceed to Professional or before Professional commences any Services hereunder, whichever last occurs, City shall not be obligated to make any pay ment to Professional. If City terminates this Agreement after City has issued the Notice to Proce ed to Professional and after Professional has commenced performance under this Agreement, City sh all pay Professional the reasonable value of the Services rendered by Professional pursuant t o this Agreement prior to termination of this Agreement. City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services. Profession al shall furnish to City such financial information that, in the judgment of the City Manag er, is necessary to determine the reasonable value of the Services rendered by Professional prior to termination. In the event of a dispute as to the reasonable value of the Services rendered by Pr ofessional prior to termination and the Parties are unable to agree upon said amount within sixty ( 60) calendar days following the date of the notice of termination by City, such dispute may, up on the request of either Party, be resolved by arbitration conducted in accordance with the “Arbitration of Disputes” section of this Agreement.

(c) Except as provided in this Agreement, in no eve nt shall City be liable for costs incurred by or on behalf of Professional after the date of the notice of termination.

21. Assurance of Performance . If, at any time, City believes Professional may n ot be adequately performing its obligations under this Ag reement or may fail to complete the Services as required by this Agreement, City may submit a wr itten request to Professional for written assurances of performance and a plan to correct obs erved deficiencies in Professional's performance. Failure to provide written assurances subsequent to such written request, constitutes grounds to declare a breach under this Agreement.

22. Cancellation for Breach by Either Party . Should either Party fail to substantially perform its obligations in accordance with the provisions of this Agreement, the other Party shall thereupon have the right to cancel the Agreement by giving wr itten notice and specifying the effective date of such cancellation. If City cancels this Agreemen t for breach and it is subsequently determined that Professional did not fail to substantially per form its obligations in accordance with this Agreement, then cancellation for breach by City sha ll be deemed, and treated, as termination for convenience.

Neither Party waives the right to recover damages a gainst the other for breach of this Agreement, including any amount necessary to compen sate City for all detriment proximately caused by Professional's failure to perform its obl igations hereunder or which in the ordinary course of things would be likely to result therefrom. City reserves the right to offset such damages against any payments owed to Professional.

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City shall not in any manner be liable for Professional's actual or projected lost profits had Professional completed the Services required by this Agreement.

23. Non-Discrimination . In its performance of the Services, Professional shall adhere to City’s EEO Policy which states, “The City is commit ted to ensuring that all qualified individuals have a full and fair opportunity to compete in all phase of the hiring process and promotion, and to enjoy the benefits of employment with the City. All employees and applicants shall receive equal consideration and treatment in employment wit hout regard to race, color, religion, gender, sexual orientation, national origin, age, disability, genetic information, marital status, amnesty, or status as a covered veteran in accordance with appl icable federal or state statutes, the City’s ordinances, resolutions, rules or regulations.”

In addition, all agreements with sub-contractors wi ll include language as required by the Office of Federal Contract Compliance Programs (OFC CP) that requires sub-contractors to maintain equal employment opportunity policies, and, as necessary, affirmative action policies.

24. Arbitration of Disputes . All claims, disputes, and other matters in question between City and Professional arising out of or relating to this Agreement or the breach thereof, including claims of Professional for extra compensation for Services related to the Project, shall be decided by arbitration before a single arbitrator in accordance with the provisions of Sections 1281 to 1284.2 of the California Code of Civil Procedure (the “Arb itration Laws”) unless the Parties mutually agree otherwise. The provisions of Section 1283.05 of the Arbitration Laws apply to any arbitration proceeding except as otherwise provided in this Agreement. The arbitrator shall have authority to decide all issues between the Parties including, but not limited to, claims for extras, delay and liquidated damages, if any, provided for in this Agreement, matters involving defects in the work product of the Professional, rights to payment, and whether the necessary procedures for arbitration have been followed. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

Notice of the demand for arbitration shall be filed in writing with the other Party. The demand for arbitration shall be made within a reaso nable time after the claim, dispute, or other matter in question has arisen, and in no event shal l it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitation.

The Parties shall jointly appoint an arbitrator wit hin fifteen (15) calendar days of the date of giving of the notice of the demand for arbitration. If the Parties are unable to jointly agree upon the appointment of an arbitrator within said fiftee n (15) calendar day period, and do not agree in writing to extend said period for a fixed period, t hen either Party may seek to have the arbitrator appointed by the Superior Court of Stanislaus County in accordance with the Arbitration Laws.

If any proceeding is brought to contest the right t o arbitrate and it is determined that such right exists, the losing Party shall pay all costs and attorneys' fees incurred by the prevailing party.

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In addition to the other rules of law which may be applicable to any arbitration hereunder, the following shall apply:

(a)
Promptly upon the filing of the arbitration, each P arty shall be required to set forth in writing and to serve upon each other P arty a detailed statement of its contentions of fact and law.

(b)
All parties to the arbitration shall be entitled to the discovery procedures as provided in Section 1283.05 of the California Code of Civil Procedure.

(c) The arbitration shall be commenced and conducted as expeditiously as possible consistent with affording reasonable discovery as provided herein.

(d) These additional rules shall be implemented and applied by the arbitrator.

The costs of arbitration shall be borne by the Par ties as determined by the arbitrator, but each Party shall bear its own attorney's fees associated with the dispute with the other Party and to the arbitration.

25. Insurance Coverage . During the Term, the Professional shall maintain in full force and effect policies of insurance set forth herein, whic h shall be placed with insurers with a current A M Best’s rating of no less than A-:VII and will pro vide City with written proof of said insurance.

Professional shall maintain coverage as follows:

25.1. General Liability . Professional shall carry general liability insura nce in the amount of Two Million Dollars ($2,000,000.00) per occurrence for bodily injury, personal injury, and property damage. If commercial general liabilit y insurance or another form with a general aggregate limit is used, either the general aggrega te limit shall apply separately to this Project or the general aggregate shall be Four Million Dollars ($4,000,000.00).

25.2. Workers’ Compensation Insurance and Employer's Liab ility . Professional shall carry workers’ compensation insurance as required by the State of California under the Labor Code. Professional shall also carry employer’s liab ility insurance in the amount of One Million Dollars ($1,000,000.00) per accident, with a One Million Dollars ($1,000,000.00) policy limit for bodily injury by disease, and a One Million Dollars ($1,000,000.00) limit for each employee’s bodily injury by disease.

25.3. Errors and Omissions Liability . Professional shall carry errors and omissions liability insurance in the amount of no less than Two Million Dollars ($2,000,000.00) per claim or greater if appropriate for the Professional's profe ssion. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to City, its elected and appointed councils, commissions, directors, officers, employe es, agents, and representatives (“City’s Agents”); or the Professional shall provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claims administration and defense expenses.

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25.4. Commercial Automobile Liability . Professional shall carry commercial automobile liability insurance in the amount of Two Million Dollars ($2,000,000.00) or greater per occurrence for owned, leased, hired, and borrowed automobiles.

25.5. Umbrella or Excess Policy . Professional may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at l east as broad as provided on the underlying Commercial General Liability and automobile Liabili ty insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until the Professional’s primary and excess liability policies are exhausted.

25.6. Waiver of Subrogation . With the exception of errors and omissions liabil ity insurance, Professional hereby agrees to waive subrogation which any insurer of Professional may acquire from Professional by virtue of the payment of any loss. The commercial general liability policy and workers’ compensation policy shall be en dorsed to contain a waiver of subrogation in favor of City for all work performed by Professiona l, its agents, employees, independent contractors, and subcontractors. Professional agree s to obtain any endorsement that may be necessary to affect this waiver of subrogation.

26. Additional Insurance Requirements . Within five (5) days of the Effective Date, Professional shall provide City with certificates of insurance for all of the policies required under this Agreement (“Certificates”), excluding the requ ired workers’ compensation insurance. Such Certificates shall be kept current for the Term of the Agreement and Professional shall be responsible for providing updated copies and notify ing City if a policy is cancelled, suspended, reduced, or voided. With the exception of the worke rs’ compensation insurance, all of the insurance policies required in this Agreement shall : (a) provide that the policy will not be cancelled, allowed to expire, or materially reduced in coverage without at least thirty (30) days’ prior written notice to City of such cancellation, expiration, or reduction and each policy shall be endorsed to state such; (b) name City, and City’s A gents as additional insureds with respect to liability arising out of Services, work or operations performed by or on behalf of Professional; (c) cover products and completed operations of Professi onal, premises owned, occupied, or used by the Professional, or automobiles owned, leased, or hired or borrowed by the Professional; contain no special limitations on the scope of protection a fforded to City; (d) be primary with respect to any insurance or self-insurance programs covering City or City’s Agents and any insurance or self- insurance maintained by City or City’s Agents shall be in excess of Professional’s insurance and shall not contribute to it; (e) contain standard se paration of insured provisions; and (f) state that any failure to comply with reporting or other provi sions of the policy including breaches of warranties shall not affect the coverage provided to City.

27. Indemnification by Professional . To the fullest extent permitted by law. Professiona l shall defend with legal counsel reasonably acceptab le to City, indemnify and hold harmless City

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and City’s Agents from and against any and all clai ms, loss, cost, damage, injury (including, without limitation, injury to or death of an employee of Professional or its subcontractors), expense and liability of every kind, nature and description that arise out of, pertain to, or relate to acts o r omissions of Professional, or any direct or indirec t subcontractor, employee, contractor, representative or agent of Professional, or anyone that Professional controls (collectively “Liabilities”). Such obligations to defend, hold ha rmless, and indemnify City and City’s Agents shall not apply to the extent that such Liabilities are caused in whole by the sole negligence, active negligence, or willful misconduct of City or City’s Agents, but shall apply to all other Liabilities.

With respect to third party claims against the Prof essional, the Professional waives any and all rights of any type of express or implied indemnity against City and City’s Agents.

28. Liability of City . Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed in connection with this Agreement.

29. Independent Contractor . At all times during the Term, Professional shall be deemed to be an independent contractor and shall be wholly responsible for the manner in which Professional performs the Services required under this Agreement . Professional shall be liable for its acts and omissions and those of its employees, contractors, subcontractors, representatives, volunteers, and its agents. Nothing contained herein shall be const rued as creating an employment, agency or partnership relationship between City and Professio nal. City shall have the right to control Professional only insofar as the result of Professi onal’s Services rendered pursuant to this Agreement; however, City shall not have the right t o control the means by which Professional accomplishes Services rendered pursuant to this Agreement.

30. Professional Not Agent . Except as City may specify in writing, Professional shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent.

Professional shall have no authority, express or im plied, pursuant to this Agreement to bind City to any obligation whatsoever.

31. Payment of Taxes and Other Expenses . Payment of any taxes, including California sales and use taxes, levied upon this Agreement, the tran saction, or the Services or goods delivered pursuant hereto, shall be the obligation of Professional.

32. Notices . All notices shall be in writing and delivered in pe rson or transmitted by certified mail, postage prepaid. Any Party hereto may at any time, by giving ten (10) days’ written notice to the other Party hereto, designate any other addr ess in substitution of the address to which such notice or communication shall be given. Such notice s or communications shall be given to the Parties at their addresses set forth below.

If to City:

City of Turlock
Attn: Christopher Fisher, Municipal Services Director
156 S. Broadway, Suite 270
Turlock, California 95380

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With courtesy copies to: City of Turlock, City Attorney’s Office Attn: George A. Petrulakis, City Attorney
156 S. Broadway, Suite 230
Turlock, California 95380-5456

If to Professional:

NBS Government Finance Group
Attn: Jeremy Tamargo
870 Market St Ste 1223
San Francisco, CA 94102

33. City Contract Administrator. City’s contract administrator and contact person fo r this Agreement is:

Carlos Guerrero
Utilities Manager
156 S. Broadway, Suite 270
Turlock, California 95380
Telephone: (209) 668-5590
E-mail: [email protected]

34. Interpretation. As used herein, any gender includes each other gend er, the singular includes the plural and vice versa.

35. Use of City Project Number . [Intentionally Omitted]

36. Modification . No alteration, amendment, modification, or termin ation of this Agreement shall be valid unless made in writing and executed by all of the Parties to this Agreement.

37. Waiver . No covenant, term, or condition or the breach the reof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term, or condition.

38. Assignment . No Party to this Agreement shall assign, transfer, or otherwise dispose of this Agreement, in whole or in part, to any individual, firm, or corporation without the prior written consent of the other Party. Subject to the forgoing provisions, this Agreement shall be binding upon, and inure to the benefit of, the respective successors and assigns of the Parties hereto.

39. Authority . All Parties to this Agreement warrant and represe nt that they have the power and authority to enter into this Agreement and the names, titles, and capacities herein stated on behalf of any entities, persons, states, or firms represented or purported to be represented by such entities, persons, states or firms and that all former requirements necessary or required by state or federal law in order to enter into the Agreement have been fully complied with. Further, by entering into this Agreement, neither Party hereto shall have breached the terms or conditions of any other

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contract or agreement to which such Party is obliga ted, which such breach would have a material effect hereon.

40. Drafting and Ambiguities . Each Party acknowledges that it has reviewed this Agreement with its own legal counsel, and based upon the advi ce of that counsel, freely entered into this Agreement. Each Party has participated fully in the review and revision of this Agreement. Any rule of construction that ambiguities are to be resolved against the drafting Party does not apply in interpreting this Agreement.

41. Governing Law . This Agreement shall be governed by and construed in accordance with the laws of the state of California.

42. Venue . Venue for all legal proceedings shall be in the Sup erior Court of the State of California, in and for the County of Stanislaus.

43. Severability . If this Agreement in its entirety is determined by a court to be invalid or unenforceable, this Agreement shall automatically t erminate as of the date of final entry of judgment. If any provision of this Agreement shall be determined by a court to be invalid and unenforceable, or if any provision of this Agreemen t is rendered invalid or unenforceable according to the terms of any federal or state stat ute, which becomes effective after the Effective Date of this Agreement, the remaining provisions sh all continue in full force and effect and shall be construed to give effect to the intent of this Agreement.

44. Execution and Counterparts . This Agreement may be executed simultaneously, an d in several counterparts, each of which shall be deemed an original, but which together shall constitute one and the same instrument. The Parties agree that this Agreement and any other documents to be delivered in connection herewith may be electron ically signed utilizing services such as DocuSign and Nitro Sign, or by transmitting signatu res in pdf or similar format, and that any electronic signatures appearing on this Agreement o r such other documents are the same as handwritten signatures for the purposes of validity, enforceability, and admissibility.

45. Audit . City shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Professional’s charges to City under this Agreement.

46. Entire Agreement.

This Agreement, together with its specific references, attachments, and exhibits, constitutes the entire agreement of the P arties with respect to the subject matters hereof and supersedes any and all prior negotiations, understanding, and agreements with respect hereto, whether oral or written.

47. Supersedes Prior Agreement . It is the intention of the Parties hereto that this Agreement shall supersede any prior agreements, discussions, commitments, or representations, whether written, electronic or oral, between the Parties with respect to the subject matter of this Agreement.

48. Mandatory and Permissive . “Shall” and “will” and “agrees” are mandatory. “M ay” and “can” are permissive.

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49. Successors and Assigns . All representations, covenants, and warranties sp ecifically set forth in this Agreement, by or on behalf of, or for the benefit of, any or all of the Parties hereto, shall be binding upon and inure to the benefit of such Party, its successors and assigns.

50. Headings . Headings used in this Agreement are for reference purposes only and shall not be considered in construing this Agreement.

51. Attorney’s Fees and Costs . If any action at law or in equity not resolved pu rsuant to the “Arbitration of Disputes” section of this Agreement , including action for declaratory relief, is brought to enforce or interpret provisions of this Agreement, the prevailing Party shall be entitled to reasonable attorney's fees and costs, which may be set by the court in the same action or in a separate action brought for that purpose, in additi on to any other relief to which such Party may be entitled.

52. Necessary Acts and Further Assurances . The Parties shall at their own cost and expense execute and deliver such further documents and inst ruments and shall take such other actions as may be reasonably required or appropriate to evidence or carry out the intent and purposes of this Agreement.

53. Time is of the Essence . Time is of the essence in this Agreement for each covenant and term of a condition herein.

[Signatures on Following Page ]

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IN WITNESS WHEREOF , the Parties have caused this Agreement to be executed by and through their respective officers thereunto duly authorized.

PROFESSIONAL

NBS Government Finance Group, a
California Corporation

By:

Print Name:

Title:

Date
CITY OF TURLOCK, a California
municipal corporation

By:

Reagan M. Wilson, City Manager

Date:

APPROVED AS TO SUFFICIENCY:

By:

Christopher Fisher, Municipal Services Director

APPROVED AS TO FORM:

By:

George A. Petrulakis, City Attorney

ATTEST:

By:

Nichole Fiez, City Clerk

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4 | PROPOSED SCOPE OF SERVICES
Water Rate Study
NBS will work cooperatively with City staff, management and the City Council to develop a financial plan and rate recommendations that are well suited to the City’s needs, are practical and implementable, and can be confidently defended from both a technical and legal perspective.

The scope of services NBS offers for completing the study is presented in this section. We will also be prepared to make adjustments during the course of the study to reflect the direction of City staff and stakeholders as the study progresses. NBS will provide the leadership necessary to guide you through the various options, key concerns, and explaining the issues involved. These tasks serve as the basis for the proposed budget for this study.

TASK 1. KICKOFF MEETING AND DATA COLLECTION
NBS will hold a kick-off meeting with City staff at the beginning of the study. The kick-off meeting will be used to review and discuss the data from the billing/accounting system and data requirements in general and review study objectives, tasks, and schedule. A preliminary plan for public presentations will be discussed with the City during this meeting. The data the City will need to provide includes customer account information, such as:
• Customer billing information that includes: meter sizes, customer class and monthly water consumption for each customer (Excel file preferred).
• Financial data typically reported in financial statements. • Capital Improvement and/or Master Plans (CIP projects by name, cost, and timing).

Deliverable/s: Kickoff meeting agenda and minutes. All data gathered, compiled and used in the cost-of- service analysis shall be provided to the City as supporting Appendix documents in electronic copy as part of the final report deliverable.

TASK 2. FINANCIAL PLAN
NBS will prepare a detailed financial plan for the water utility that includes revenue, expenditures, reserves, debt coverage ratios, capital improvement costs, repair and replacement costs and net revenue requirements.

This financial plan will lay the groundwork for the cost-of-service and rate design analyses addressed in Tasks 3 and 4. The following are subtasks to the Financial Plan:

Projected Revenues and Expenditures – Using a cash-basis reflecting the City’s system of accounts, NBS will prepare a projection of revenues, expenses, and increases in rate revenue needed to meet all obligations.

This will provide the City with a financial planning tool to plan for rate adjustments to address operating and maintenance costs, infrastructure improvements, asset replacement and maintaining appropriate reserve fund levels. The City’s projected customer growth rates from master plan documents and planned cost inflation factors will be incorporated in this analysis.

Evaluate Reserve Fund Sufficiency – NBS will evaluate the sufficiency of existing reserve funds, target reserves, reserve fund policies, and related issues such as meeting debt service coverage ratios and other

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rate covenants. We will provide recommendations for reserve fund targets that are tailored to the City’s specific needs such as operating, capital rehabilitation/replacement, rate stabilization and catastrophes, etc.

We will develop a phased-in approach to funding reserves to minimize the impact on ratepayers.

Review Capital Improvement Program Funding – NBS will incorporate City plans for new facilities, infrastructure improvements, and asset replacement plans into the financial plan. We will evaluate the timing, costs, and available reserves used to fund various projects. We will work with City staff to develop a well-conceived approach to funding these capital needs, which may include an appropriate balance between debt-funded and cash-funded projects. The recommended solution will provide an appropriate balance between funding from rates, system development fees and, if necessary, the use of outside financing. Up to three levels of capital improvement program funding will be developed in the study for comparison purposes.

Deliverable/s:
• Financial projection Excel model that will serve as a financial “roadmap” for the water utility. • Summary of current and projected net revenue requirements. • Update reserve fund policies and targets potentially including reserves for operations, rate stabilization, repair and replacement, debt service and capital projects. • Projected year-end reserve fund levels.
• Calculated debt service coverage ratios.
• Three alternatives (i.e., annual rate increases) that meet projected net revenue requirements. • Funding sources (cash vs. debt) for capital improvements.

TASK 3. COST OF SERVICE ANALYSIS
Using the net revenue requirements developed in Task 2, NBS will equitably allocate costs to individual customer classes based on cost-of-service principles that comply with Prop 218. NBS will review and incorporate the historical consumption characteristics by customer class, including changes related to Covid-19 impacts, and determine how to best project future water consumption.

NBS will evaluate cost allocations of various cost components to each customer class. The main components of the water cost-of-service analysis are as follows:

Evaluate Trends in Water Consumption – NBS has seen changes in consumption patterns related to Covid-19 restrictions. These impacts should be considered when projecting water sales going forward. Although consumption patterns will have the greatest impact on proposed volumetric charges, total water sales and consumption considered in wastewater volumetric charges will also impact the financial plan projections of rate revenue. We will review these changes and, more importantly, how consumption should be projected going forward as proposed water rates are developed.

Analysis of Consumption Patterns – NBS will evaluate the number of customers at various levels of consumption and the total water use by customer class. The City’s most recent water consumption data will be used for this analysis. This type of data analysis ensures an accurate projection of the revenue that will be collected within each customer class and ensures that revenue is recovered accurately from each customer class.

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Functionalization/Classification of Expenses – This task arranges water expenses into basic categories, such as commodity (source of supply), capacity (treatment, transmission, and distribution), and customer (administrative and overhead) costs.

Allocation of Costs to Customer Classes – These costs are then allocated to individual customer classes based on allocation factors specific to each cost classification. For example, commodity/variable costs are allocated based on percentages of total annual consumption; capacity-related costs are allocated based on the percentage of peak demand; and customer-related costs are allocated based on the number of accounts.

This process produces the fixed and variable revenue requirements for each customer class, which is the basis for the actual rate calculations.

Deliverable/s: Cost-of-service analysis results provided in Microsoft Excel model.

TASK 4. RATE DESIGN ANALYSIS
NBS will work with City staff to review the current rate structure and evaluate whether there are alternatives that better meet the City’s broader rate design goals and objectives. NBS will provide up to four water rate structure alternatives for the City’s consideration, which will include the City’s existing rate structures and three alternatives. An evaluation of the pros and cons of each rate structure alternative will be included in this analysis. The following are subtasks to the Rate Design Analysis:

Develop Rate Design Recommendations – Water rates will be developed based on the cost-of-service analyses, and we will include a discussion of the relative pros and cons of the current rate structure and the new alternatives. Evaluating the City’s desired rate complexity and resulting customer bills will be essential components of this process.

Criteria for Improving the Rate Design – When evaluating rate design, revenue sufficiency and financial resiliency are critical considerations. NBS’ general approach is to avoid significant under-collection of rate revenue, which is the worst-case scenario from a financial perspective. Other criteria for evaluating rate structures include:
• Ease of understanding the rate structure by customers. • How costs allocated to fixed and volumetric rates affect revenue stability. • How water conservation is reflected in the analysis.
• How summer peaking patterns are reflected in water rate design. • How meter sizes are used in calculating fixed charges. • The amount of revenue that should be collected within each tier. • Impacts on customer monthly bills.
• How treatment plant costs are allocated to customers. • Differences, if any, in collection system and general overhead and administrative costs and how they are allocated to various customers.
• Changes due to drought, conservation efforts, and Covid-19 over the last several years that may affect rates on a going-forward basis.
• The amount of revenue collected from fixed and variable charges (which can significantly impact customer bills).

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The rate structure alternatives selected will ultimately provide the basis for comparing monthly customer bills under both the current and new rate structures. However, all rate structures will be “revenue neutral” because they will all collect the same amount of revenue, both in total and within each customer class.

Calculate Fixed and Volumetric Charges – Ideally, fixed charges should be used to cover fixed costs; however, due to the emphasis on using pricing signals to encourage conservation, this is rarely the case.

As a result, many agencies have struggled with revenue stability during times of uncertain demands. Fixed charges will reflect the number of accounts, equivalent meters, and size of meters. In contrast, volumetric rates should cover variable costs and should be allocated in proportion to consumption. Determining the best combination of fixed and variable charges is also influenced by other factors, such as revenue stability, conservation, ease of understanding, and ease of administration. NBS will strive for an appropriate balance between fixed and variable charges.

Deliverable/s: Draft rate model and rate design recommendations in Microsoft Excel.

TASK 5. REGIONAL BILL COMPARISON
NBS will compare current and proposed water rates with up to ten neighboring communities to see how the City’s rates compare to other nearby water Agencies. The results of this comparison will be presented in the rate study report and in public presentations. The comparisons will provide City staff and City Council with a basis to compare the cost of delivering water service to customers in the region.

Deliverable/s: Regional Bill Comparison to be included in final report and presentation materials.

TASK 6. PREPARE ELECTRONIC RATE MODEL
NBS will develop the Excel-based rate model for use by City staff (users not limited) once the study is complete. The model will be custom-built to the City’s specific needs and will have the functionality to update revenue and expenses, prepare what-if scenarios, and determine annually if the proposed rate increase is needed, or if it can be modified or delayed. The model will have a dashboard where assumptions can be modified and will flow through to the rate alternative results, and a documentation tab that explains each tab and the interrelationships of each tab.

In addition, the model will include adjustable inflation factors and other variables and will graphically display charts and figures to communicate outcomes and recommendations. We will review the model with staff during the development of the rate study to make sure it meets the City’s requirements and preferences.

A training session can be provided with the City’s Project Manager at the conclusion of the study. The goal of this session will be to review all tabs in the model and to provide sufficient information for the City to accept the model and have the ability to use it going forward.

Deliverable/s: Final Excel-based rate model for use by City staff.

TASK 7. PREPARE RATE STUDY REPORT
NBS will prepare a draft study report that include proposed rates for the next five to ten years, depending on the City’s preference for the timeframe. An executive summary and introduction will present the purpose of the report and results of the study. Tables, graphs, and charts will be used as appropriate, but the emphasis will be on providing a clear, concise and understandable report that will provide the City with a thorough administrative record. Key assumptions, methodologies, and factors affecting the development of proposed rates will be highlighted with charts and graphs when helpful. However, more technical aspects

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of the study, particularly the tables documenting the calculations and sources of data, will be separately provided in technical appendices.

NBS will provide an electronic file in Microsoft Word format of the draft report for the City’s review and comment. Once we have received the City’s comments1, we will incorporate those comments into a final report.

Deliverable/s: Draft and final study reports.

TASK 8. MEETINGS AND PRESENTATIONS
NBS plans to provide support to the City in public meetings to support the new rate adoption process. We will also plan to meet with City staff to review study results and recommendations throughout the project.

The following meetings and presentations are anticipated for this study:

Meetings with City Staff – NBS proposes to hold progress meetings with City staff via conference call or web meeting format. These meetings will be used to review initial work products and gain input from Staff on the direction of the study. Prior to the public meetings, we also expect to have regular phone conversations with City staff to discuss how the study is proceeding, solicit input from Staff, and to review and discuss the study’s initial results and work products. In addition, NBS will work with City Staff to discuss and understand talking points while continuously providing guidance on how to manage questions for community members to ensure a clear and transparent message.

Public City Council Meeting/Presentations – NBS rate study staff will provide one (1) public presentation2 for the City Council. The rate team will prepare a PowerPoint presentation for this meeting, which will include visual aids, graphics, charts and additional worksheets or handouts. In this presentation, NBS will present study results, recommendations, receive input and guidance on the direction of the study and answer questions. Our team will work with City Staff to create an agenda and develop presentations that allow for clear and insightful presentations.

Deliverable/s: Monthly project progress reports, bi-weekly coordination meetings, bi-weekly project updates, one public City Council presentation.

TASK 9. NOTICE OF PUBLIC HEARING MAILING
NBS will create a mailing list using the most recent County Assessor secured roll data available, combining that with the City’s customer database. Duplicates will be removed to create a comprehensive mailing list.

NBS will also draft the Notice to property owners subject to the proposed Fee. Final form of the Notice will be reviewed and approved by legal counsel and City staff.

NBS will work with City staff to answer any questions that come up and guide you through the adoption process. The key technical tasks will be to prepare a draft and final Prop 218 Notice and provide the proposed rate tables included in the notices. NBS will work with City staff to review the draft and final notice prior to public release. The City should have legal counsel review all notices for legal compliance with the provisions of Prop 218, such as wording related to pass-throughs.

1 We assume City staff’s comments will be in an electronic Microsoft Word file using track-changes mode. 2 The number of meetings/presentations that NBS provides can be adjusted as necessary by City staff. We plan to discuss the number of meetings and plans for presentation at the kick-off meeting and adjust throughout the process as needed.

Proposal for City of Turlock NBS | 10

Deliverable/s: Notice of Public Hearing Mailing. Assistance with updates to Turlock Municipal Code (TMC) preparation of notices, resolutions and any other documentation as necessary.

TASK 10. PUBLIC OUTREACH
Outreach services for this project provided by NBS’ CivicMic team include:

Communication Toolkit
The CivicMic team will work with City staff and stakeholders to develop a focused and compelling message that enables City staff, elected officials, and stakeholders to approach the topic with a united message.

Deliverables: Communication Toolkit that includes:
• Talking points
• Set of PowerPoint slides
• Multiple content releases
• Timelines for posting on the City’s website or CivicMic.com • Community meeting postcard creation
218 Notice Supplement
NBS will develop and design a detailed fact sheet to be mailed to community members.

Deliverable/s: The fact sheet will include historical information that will help educate the community on the current project needs. It will be translated into up to two languages based on community census data.

Webpage Creation – CivicMic.com
NBS will create a dedicated website that allows for project specific details that can also be included or directly linked to the City website. See CicivMic.com for examples.

Deliverable/s: Dedicated webpage, water rate calculator, interactive mapping, information on background for proposed increased rates, history of use of current funds available to the City, calendar of anticipated events, legislative updates, meeting announcements, and recorded meetings.

Facilitate One-on-One Stakeholder Meetings
The CivicMic team will work with City Staff and previously identified stakeholders in the community to educate them on a closer level. In addition to providing management and guidelines for various communication activities, our team will guide staff through hosting one-on-one meetings by developing detailed agendas and PowerPoint presentations with key points that resonate with each stakeholder.

COMMUNITY MEETINGS

Initial Community Meeting

NBS will:
• Host one online meeting to allow community members an opportunity to learn about the proposed water rate increase and the Proposition 218 process.

Proposal for City of Turlock NBS | 11

• Lead the meeting with objectives created with the City before the meeting. • Develop future action items and subsequent discussion topics based on feedback received. • Provide simultaneous translation services for one additional language. • Record and post the virtual meeting to the website for future educational opportunities.

Subsequent Community Workshop

NBS will:
• Host one in-person workshop to allow community members to discuss items of importance and build a sense of community.
• Develop an interactive workshop building on feedback received at the virtual community meeting. • Create and post community meeting notices on various outlets. • Lead meetings with objectives created with the City before the meetings, ensuring policy goals are achieved.
• Create English and Spanish audio and visual content for the workshop to allow for various forms of learning.
• Design the workshop layout, talking points, and feedback loops. Our team will facilitate the workshop in a manner that exceeds the City’s standards. • Provide a summary of all community meetings, including pictures of City staff and highlights of their efforts to educate the community on rates.

Optional Administration Services

FIXED WATER SERVICE CHARGE AND SEWER TAX ROLL BILLING SERVICES Should the City decide to establish a process to collect any fixed component of the City’s water service charge via the County property tax rolls, NBS will manage and enroll such charges on the annual property tax bills. This describes the proposed scope of work for such annual tax roll billing services, as well as our initial year consulting services.

INITIAL KICK-OFF MEETING, ONE TIME SET UP, AND SYSTEMS DOCUMENTATION This is a one-time meeting with City staff to discuss the items below:
• Review the tax roll billing process and appropriate annual timeline. • Method of application of the charge and the data required. • Review the process for any appeals or disputes.
• For initial year tax roll billings, NBS will develop format, print, and send a mailing of notice regarding change in billing method to tax roll billing to all property owners (City staff to review this change with internal legal counsel).
• Collect Data from the City and/or other third parties, utilizing NBS’ proprietary software D-FAST, GIS, and satellite imagery.

Proposal for City of Turlock NBS | 12

DATA COLLECTION AND MAINTENANCE
Gather and review data pertinent to the calculation and billing of the charge. Data will be obtained from various sources such as the County Assessor’s Secured Roll, Assessor’s parcel maps and the City’s utility database as determined to be necessary based on the requirements of the formula. Maintain and periodically update a database for all parcels and relevant parcel information within the service area.

QUALITY CONTROL
Perform cross-reference tests looking at the various data sources, land use codes, and other pertinent information to improve accuracy of application of the charges. NBS has a multi-step approach to our quality control. We have built custom analysis tools within our software that assists in this process. Every database is reviewed by a top-level staff member before finalizing.

LEVY CALCULATION AND SUBMITTAL
Calculate the annual levy for each parcel within the service area following the guidelines established in the methodology. Submit the levy to the County Auditor Controller in the required electronic format. Levies rejected by the County Auditor Controller will be researched and resubmitted for collection on the County Tax Roll. Any parcels that are not accepted by the County for collection will be invoiced with payment to be directed to the City.

CONSULTING SUPPORT
NBS will provide a toll-free phone number for use by the City, other interested parties, and all property owners. Our staff will be available to answer questions regarding the charge. Bilingual staff is available for Spanish-speaking property owners.

Proposal for City of Turlock NBS | 13

Project Schedule
The following is an overview of our proposed project schedule. We will discuss a detailed schedule at the kick-off meeting, along with the expected timing for individual tasks. This page is intentionally formatted differently to improve legibility of the table contents below.

PROJECT SCHEDULE FOR THE CITY OF TURLOCK

Weeks from Start 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Task 1 – Kick-off Meeting & Data Collection
Task 2 – Financial Plan
Task 3 – Cost-of-Service Analysis (COSA)
Task 4 – Rate Design Analysis

4.1 – Develop Rate Design Recommendations

4.2 – Criteria for Improving the Rate Design

4.3 – Calculate Fixed & Volumetric Charges
Task 5 - Regional Bill Comparison
Task 6 - Prepare Electronic Rate Model
Task 7 – Prepare Rate Study Report
Task 8 – Meetings and Presentations

8.1 – Progress Meetings with Agency Staff

8.2 – City Council Meeting (1 meeting)
Task 9 – Notice of Public Hearing Mailing
Task 10 – Public Outreach
Active task work
Draft and Final Reports
Meeting or Presentation with Agency Staff (estimated, to be scheduled as needed) Public Workshops/Presentation (esimated, to be scheduled as needed) Month 7Month 6Month 1
Water Rate Study Tasks
Month 4 Month 5Month 2 Month 3PROJECT SCHEDULE
City of Turlock
Implementation
of New Rates
Prop 218
Noticing/
Protest
Period

Proposal for City of Turlock NBS | 14

City Staff Support
As detailed in the Scope of Work abovve, NBS will hold a kick-off meeting with City staff at the beginning of the study. The kick-off meeting will be used to review and discuss the data from the billing/accounting system and data requirements in general and review study objectives, tasks, and schedule. A preliminary plan for public presentations will be discussed with the City and NBS’ team during this meeting. Examples of the data the City will need to provide include:
• Customer billing information.
• Financial data typically reported in financial statements. • Capital Improvement and/or Master Plans (CIP projects by name, cost, and timing).

This kickoff meeting will be foundational for establishing the implementation plan for clear communication, understanding project roles and responsibilities for both NBS and City staff, and setting milestones and key deliverable dates for a successful rate study for the water utility. To this end, we sincerely appreciate the City’s efforts with providing the required data, as well as the necessary City staff support and assistance as required to facilitate a successful study for both the water rate analysis as well as the public outreach components of the project.

Project Status Reporting / Staying within Budget and On Schedule In general, NBS’ project management philosophy is based on effective, routine communication and timely delivery of work product. In the sphere of varying types of consulting firms providing these services, the City should ultimately focus on selecting the consultant with the strongest overall “track record” and positive references. Our demonstrated project management abilities make NBS a great selection.

We will provide the leadership necessary to support a successful rate setting process. At NBS, we make certain that each client is serviced by a senior level technical consultant for the tasks, presentations, and project direction. We track hours charged by all team members and are able to immediately identify any budget issues.

Our philosophy is to communicate regularly with clients throughout the course of our engagements, to build data collection activities efficiently into program delivery processes, and to assure that there are no surprises when final reports are delivered. As detailed in the Scope of Work in Section 4, NBS will provide regularly monthly written updates on the progress of the project work schedule. In these updates, deviations in the project scope of services, schedule, or shall be identified and reported to the City’s project manager immediately. NBS will also meet bi-weekly with the City staff to ensure that tasks stay within budget and on schedule throughout the course of the study effort.

Proposal for City of Turlock NBS | 27

9 | PROPOSED COMPENSATION
Our professional fees are based on our understanding of City’s needs and the effort we believe is necessary to complete the scope of services described in our proposal. Work will be performed at a fee of $99,915.

Additional services requested, such as additional public meetings or additional rate or fee alternatives, can be provided based on the hourly labor rates included in the table above. All tasks would be mutually agreed upon by NBS and the City prior to proceeding.

Overall Multiplier Rate: 3.08

HOURLY RATES
We applied the following hourly rates to derive the overall pricing for the requested scope of services. Our hourly rates are inclusive of all costs associated with professional time, such as travel, document production, and incidentals. The following rates will apply for the duration of our contract:

PROJECT BUDGET: CITY OF TURLOCK
Senior
Reviewer1
(Highstreet)
Associate
Director
(Tamargo)
Sr. Project
Analyst
(Hoenig)
Project
Resource
Analyst
(Henry)
Senior
Review
(Wood)
Engagement
Consultant
(Argerich-
Valentine)
Comm.

Specialist
(Savage)
Consultant
Labor (Hrs.)
Consultant
Costs ($)
$250 $225 $165 $130 $250 $175 $175
Water Rate Study
Task 1 – Kick-off Meeting & Data Collection 1.0 2.0 12.0 - 2.0 2.0 2.0 21.0 3,880$ Task 2 – Financial Plan

2.1 – Projected Revenues and Expenditures 1.0 2.0 12.0 - - - - 15.0 2,680

2.2 – Evaluate Reserve Fund Sufficiency 1.0 2.0 8.0 - - - - 11.0 2,020

2.3 – Review Capital Improvement Program Funding 1.0 2.0 12.0 - - - - 15.0 2,680 Task 3 – Cost-of-Service Analysis (COSA) 1.0 6.0 24.0 - - - - 31.0 5,560 Task 4 – Rate Design Analysis

4.1 – Develop Rate Design Recommendations 1.0 4.0 - - - - - 5.0 1,150

4.2 – Criteria for Improving the Rate Design 1.0 4.0 8.0 - - - - 13.0 2,470

4.3 – Calculate Fixed & Volumetric Charges 1.0 8.0 24.0 - - - - 33.0 6,010

4.4 – Comparison of Customer Bills 1.0 6.0 16.0 - - - - 23.0 4,240 Task 5 - Regional Bill Comparison 1.0 2.0 10.0 - - - - 13.0 2,350 Task 6 – Prepare Electronic Rate Model 2.0 4.0 24.0 - - - - 30.0 5,360 Task 7 – Prepare Rate Study Report 4.0 12.0 12.0 8.0 - - - 36.0 6,720 Task 8 – Meetings and Presentations

8.1 – Meetings with Agency Staff 4.0 10.0 6.0 - 2.0 4.0 2.0 28.0 5,790

8.2 – City Council Meeting (1 meeting) 2.0 8.0 6.0 - - - - 16.0 3,290 Task 9 – Notice of Public Hearing Mailing 3 8.0 8.0 - 8.0 - - - 24.0 4,840 Subtotal: Rate Study Consulting Fee 59,040$
Task 10 – Public Outreach - - - - 50.0 85.0 40.0 175.0 34,375 Subtotal:Public Outreach Consulting Fee 34,375$
Estimated Travel Costs and Expenses for up to (1) In-Person Community Workshop (not to exceed) 2 5,500 Estimated Travel Costs and Expenses for (1) In-Person Meetings for City Council Meeting (not to exceed) 2 1,000 GRAND TOTAL 30.0 80.0 174.0 16.0 54.0 91.0 44.0 489.0 99,915$ Additional Optional In Person Visits
Additional Costs for Optional Site Visits and Presentations Labor Cost Per Visit/Presentation (NBS PM) 2,000$
Travel Expenses per Meeting (not to exceed) 1,000
Total: Per Optional Visit/Presentation 3,000$
Administration Optional Services
12,500$
Annual Administration Services - Water Tax Roll Billing 16,500 Reimbursable Expenses (not including one-time mailing of notices 3) 1,000 Grand Total Administration Optional Services 30,000$

1. If time is required for municipal advisor services (Sara Mares), senior review hours would be utilized.

2. Travel-related cost and direct reimbursable expenses; all other expenses are included in labor rates. This will be zero if all meetings are attended virtually.

3. Printing and postage costs for mailing any notices will be billed at cost with no mark-up.

Consultant Labor (Hours)
One Time Set Up Fee - Water
Grand Totals
Study Tasks
Hourly Rate

Proposal for City of Turlock NBS | 28

Title Hourly Rate
Director / Senior Review $250
Associate Director / Engineer $225
Senior Consultant $200
Consultant $175
Senior Project Analyst $165
Project Analyst $150
Project Resource Analyst $130
Clerical / Support $110

TERMS
Services will be invoiced monthly. If engaged, optional Administration services will be invoiced at the beginning of each quarter. Expenses will be itemized and included in the next regular invoice. If the project is prematurely terminated by either party, NBS shall receive payment for work completed. Payment shall be made within 30 days of submittal of an invoice. If payment is not received within 90 days, simple interest will begin to accrue at the rate of 1.5% per month. Either party can cancel consulting contract with 30 days’ written notice.

City Council Staff Report
January 28, 2025

From: Jason Hedden, Police Chief
Prepared by: Amanda Fortado, Support Operations Manager Agendized by: Reagan M. Wilson, City Manager

1. ACTION RECOMMENDED:

Accepting an allocation of funds to administer the Selective Traffic Enforcement Program Grant through the California Office of Traffic Safety in an amount not to exceed $80,000, and appropriating said funds into account number 266-20-255-352.35720 “OTS Step Grant” and accounts 266-20-255-352.41100_013 “Overtime OTS Step Grant” with associated benefit accounts for overtime in the amount of $64,328, 266-20-255- 352.47095_018 “Training Step Grant #PT25083” in the amount of $1,967, and 266-20-255- 352.44001_044 “Supplies STEP Grant #PT25083” in the amount of $13,705, in Fund 266 “Police Grants” Program 352 “OTS Step Grant”

2. DISCUSSION OF ISSUE:

The Turlock Police Department has been awarded a grant under the Selective Traffic Enforcement Program (STEP). The grant was approved in the amount not to exceed $80,000. The grant period began October 1, 2024 and ends September 30, 2025.

As specified in the grant application, the enforcement and education programs will specifically target the reduction of persons killed or injured in alcohol and/or primary collision factor related collisions. This will be accomplished through impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, street racing and sideshow enforcement operations, and special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs. These details will be conducted with funds obtained through this grant.

3. BASIS OF RECOMMENDATION:

Staff sought funding under the OTS/STEP to reduce the number of people injured and killed as a result of alcohol and/or primary collision factor related collisions. The grant will provide for overtime costs, including benefits, for officers assigned to assist in the operations, as well as training and supplies.

4. FISCAL IMPACT / BUDGET AMENDMENT:

The costs incurred in carrying out the grant objectives (overtime pay and associated benefits, training, equipment and supplies) are reimbursable under the grant. The receipt of this grant was not anticipated when the 2023-2024 fiscal year budget was prepared.

Therefore, at this time, staff is also requesting the approval to appropriate the grant funds to the following revenue and expenditure accounts in Fund 266 “Police Grants” Program 352 “OTS Step Grant.”

266-20-255-352.35720 – OTS Step Grant Revenue - $80,000 266-20-255-352.41100_013 – Overtime - 64,328

Agenda Staff Report
1/28/2025

266-20-255-352.47095_017 – Training = $1,967
266-20-255-352.44001_043 – Supplies = $13,705

5. STAFF RECOMMENDATION:

Recommend approval.

6. CITY MANAGER COMMENTS:

Recommend approval.

7. ENVIRONMENTAL DETERMINATION:

N/A

8. ALTERNATIVES:

Council could decline this grant, however, staff does not recommend this, as the grant will cover the cost of overtime, including benefits, as well as training and supplies, with no cost to the City.

9. ATTACHMENTS:

1. OTS STEP Grant - Draft Resolution

2. Grant Agreement - PT25083 - signed

BEFORE THE CITY COUNCIL OF THE CITY OF TURLOCK
IN THE MATTER OF ACCEPTING AN } RESOLUTION NO. 2025-
ALLOCATION OF FUNDS TO }
ADMINISTER THE SELECTIVE TRAFFIC }
ENFORCEMENT PROGRAM GRANT THROUGH }
THE CALIFORNIA OFFICE OF TRAFFIC SAFETY}
IN AN AMOUNT NOT TO EXCEED $80,000, }
AND APPROPRIATING SAID FUNDS INTO }
ACCOUNT NUMBER 266-20-255-352.35720 “OTS}
STEP GRANT” AND ACCOUNTS }
266-20-255-352.41100_013 “OVERTIME OTS }
STEP GRANT” WITH ASSOCIATED BENEFIT }
ACCOUNTS FOR OVERTIME IN THE AMOUNT }
OF $64,328, 266-20-255-352.47095_017 }
“TRAINING STEP GRANT #PT25083” IN THE }
AMOUNT OF $1,967, AND }
266-20-255-352.44001_043 “SUPPLIES STEP }
GRANT #PT25083” IN THE AMOUNT OF $13,705,}
IN FUND 266 “POLICE GRANTS” PROGRAM }
352 “OTS STEP GRANT” }
}
WHEREAS, the Turlock Police Department has been awarded a grant from the California Office of Traffic Safety under the Selective Traffic Enforcement Program (STEP); and
WHEREAS, the grant period begins October 1, 2024, and ends on September 30, 2025 in an approved amount of $80,000; and
WHEREAS, the Police Department and City Engineering continue to make strides to improve safety through design, a component of safety is enforcement of those safety regulations; and
WHEREAS, as specified in the grant application, the enforcement and education programs will specifically target the reduction of persons killed or injured in alcohol, and/or primary collision factor related collisions; and WHEREAS, this will be accomplished through impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, street racing and sideshow enforcement operations, and special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs; and WHEREAS, these details will be conducted with funds obtained through this grant; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of

Resolution No. 2025-

Turlock does hereby accept an allocation of funds to administer the Selective Traffic Enforcement Program Grant through the California Office of Traffic Safety in an amount not to exceed $80,000, and appropriating said funds into account number 266-20-255- 352.35720 “OTS Step Grant” and accounts 266-20-255-352.41100_013 “Overtime OTS Step Grant” with associated benefit accounts for overtime in the amount of $64,328, 266-20-255-352.47095_018 “Training Step Grant #PT25083” in the amount of $1,967, and 266-20-255-352.44001_044 “Supplies STEP Grant #PT25083” in the amount of $13,705, in Fund 266 “Police Grants” Program 352 “OTS Step Grant” PASSED AND ADOPTED at a regular meeting of the City Council of the City of Turlock this 28th day of January, 2025, by the following vote:

AYES:

NOES:

NOT PARTICIPATING:

ABSENT:

ATTEST:
__________________________
_
Nichole Fiez, City Clerk,
City of Turlock, County of
Stanislaus, State of California

11/8/2024 7:35:20 AM Page 1 of 19

State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25083

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
Turlock From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Turlock Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $80,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Steve Rodrigues

Captain

[email protected]

(209) 656-3154

244 North Broadway
Turlock, CA 95380
ADDRESS: Jason Hedden

Police Chief

[email protected]

(209) 664-5550 x6601

244 N. Broadway
Turlock, CA 95380
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Nadine Silva

Senior Accountant

[email protected]

(209) 668-6070

244 N. Broadway
Turlock, CA 95380
ADDRESS: Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)

Steve Rodrigues (Nov 12, 2024 14:31 PST)
Steve Rodrigues
Nov 12, 2024
Nadine Silva (Nov 12, 2024 16:13 PST)
Nadine Silva
Nov 12, 2024
Jason Hedden (Nov 13, 2024 08:24 PST)
Jason Hedden
Nov 13, 2024
Barbara Rooney (Nov 13, 2024 16:08 PST)
Nov 13, 2024

11/8/2024 7:35:20 AM Page 2 of 19

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

JDYXAB12QLG1

156 S Broadway
Turlock
95380-5454
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
402PT-25.1 20.600 0521-0890-101 2023 12/23 BA/23 $6,459.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $10,765.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $23,541.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $39,235.00

AGREEMENT
TOTAL $80,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$80,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $80,000.00

Carolyn Vu (Nov 13, 2024 08:27 PST)
Nov 13, 2024

11/8/2024 7:35:20 AM Page 3 of 19

State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25083

1. PROBLEM STATEMENT
Over the past several years, the Turlock Police Department has conducted numerous OTS operations in attempts to reduce vehicle crashes. In 2023 there were 341 injury crashes with 504 victims, which is a slight increase from 330 injury crashes with 470 victims in 2022. This indicates a concerning trend that needs to be addressed to ensure the safety of the city's residents and visitors. In 2023 there were 6 fatal crashes with 6 fatalities, which is a slight decrease from the 7 fatal crashes with 7 fatalities in 2022. It is important to note that there have been improvements in pedestrian safety efforts. The data shows a decrease in injury crashes involving pedestrians from 24 in 2022 to 22 in 2023. Additionally, there has been a significant decrease in pedestrian fatal crashes from five in 2022 to two in 2023. These positive changes highlight the importance of continuing and expanding pedestrian safety efforts in Turlock.

The top three primary crash factors for the city of Turlock are running a red light, speeding, and unsafe lane changes. In 2023, there was 1 fatal crash with 1 fatality where running a red light was identified as the primary crash factor. There were also 60 injury crashes with 96 injury victims where running a red light was identified as the primary crash factor. . In 2023, there was 1 fatal crash with 1 fatality where speeding was identified as the primary crash factor. There were also 56 injury crash with 80 injury victims where speeding was identified as the primary crash factor. In 2023, there was 1 fatal crash with 1 fatality where unsafe lane changes was identified as the primary crash factor. There were also 33 injury crashes with 45 injury victims where unsafe lane changes was identified as the primary crash factor.

The target population that the grant intends to serve is the residents and visitors of Turlock. They are directly affected by the problem of increasing injury crashes. These crashes not only cause physical harm to individuals but also have the potential to disrupt their daily lives, lead to emotional distress, and burden them with medical expenses. Additionally, pedestrians are at an increased risk when navigating the city's streets, and the grant aims to implement measures to ensure their safety and prevent fatalities. By addressing the problem of increasing injury crashes and focusing on primary crash factors, the grant will have a direct and positive impact on the residents and visitors of Turlock, ultimately creating a safer and more secure community. This ongoing effort to reduce injury crashes, as well as the continued work to decrease fatal and vehicle vs pedestrian crashes, Turlock Police Department, together with the partnership of OTS can continue to work toward these endeavors. The assistance of OTS allows the Department to conduct directed enforcement details that focus on the issues such as primary crash factors and driver, passenger, pedestrian safety.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

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18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
2 7. Conduct DUI Saturation Patrol operation(s). 23

8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
10 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
3 10. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 3 11. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 3 12. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 13. Participate in highly visible collaborative Traffic Enforcement operations. 4

14. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 15. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)

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 The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the

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OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25083

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$30,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$50,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $4,800.00 2 $9,600.00
DUI Saturation Patrols 164AL-25 $1,200.00 23 $27,600.00 Benefits 164AL @ 11.68% 164AL-25 $37,200.00 1 $4,345.00 Traffic Enforcement 402PT-25 $800.00 10 $8,000.00
Distracted Driving 402PT-25 $760.00 3 $2,280.00
Motorcycle Safety 402PT-25 $760.00 3 $2,280.00
Pedestrian and Bicycle Enforcement 402PT-25 $760.00 3 $2,280.00 Collaborative Traffic Enforcement 402PT-25 $800.00 4 $3,200.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $800.00 2 $1,600.00
Traffic Safety Educational Presentations 402PT-25 $380.00 2 $760.00 Benefits 402PT @ 11.68% 402PT-25 $20,400.00 1 $2,383.00 Category Sub-Total $64,328.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $1,967.00 1 $1,967.00
$0.00
Category Sub-Total $1,967.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-25 $4,455.00 1 $4,455.00
Radar Device 402PT-25 $1,750.00 3 $5,250.00
Vehicle Wrap 164AL-25 $4,000.00 1 $4,000.00
Category Sub-Total $13,705.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $80,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25083

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits 164AL @ 11.68% - Workers Comp = 4.476%
Liability = 5.749%
Medicare = 1.45%
TOTAL: 11.675%

Claimed amounts must reflect actual benefits costs for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Benefits 402PT @ 11.68% - Workers Comp = 4.476%
Liability = 5.749%
Medicare = 1.45%
TOTAL: 11.675%

Claimed amounts must reflect actual benefits costs for overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers in Long Beach and the OTS Traffic Safety Law Enforcement Forum. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

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Radar Device - To measure the speed of motor vehicles. This device will be used for speed enforcement.

Vehicle Wrap - Signage applied to a vehicle turning it into a mobile billboard. The wrap must include a traffic safety message and include the OTS logo. Draft graphics must be submitted to OTS for prior approval. OTS will not pay for paid media space under this line item.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25083

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;  2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);  Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
 The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not);  Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
 Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low -income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assura nces with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interes t, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or complian ce reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review

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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contrac ts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing be low is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activiti es include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the a doption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lowe r tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective par ticipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

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1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance w as placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, per son, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is prese ntly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufacture d products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory qualit y, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justific ation for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, a ccept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal inter est in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a gran t or cooperative agreement, whose objectivity may be impaired because of an y related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Mes saging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS

1. Each agency is allowed a total of FIVE (5) GEMS Users.

2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.

3. Complete the form if adding, removing or editing a GEMS user(s).

4. The Grant Director must sign this form and return it with the Grant Agreement.

CURRENT GEMS USER(S)

1. Michael Lenhardt
Title: Principal Accountant Media Contact: No
Phone: (209) 668-6026
Email: [email protected]

2. Stephanie Mora
Title: Accountant III Media Contact: No
Phone: (209) 669-2816
Email: [email protected]

3. Jason Watson
Title: Sergeant Media Contact: No
Phone: (209) 668-6557
Email: [email protected]

State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C

GRANT NUMBER
PT25083

GRANT DETAILS
Grant Number: PT25083
Agency Name: Turlock Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $80,000.00
Authorizing Official: Jason Hedden
Fiscal Official: Nadine Silva
Grant Director: Steve Rodrigues

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Complete the below information if adding, removing or editing a GEMS user(s)

GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}

Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}

Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}

Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}

Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}

Name

Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}

Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}

Email address

Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}

As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title

Jason Watson (Nov 12, 2024 11:22 PST)
Jason Watson
Nov 12, 2024
Steve Rodrigues (Nov 12, 2024 14:31 PST)
Steve Rodrigues
Steve Rodrigues
Nov 12, 2024

Grant Agreement - PT25083
Final Audit Report 2024-11-14
Created: 2024-11-08
By: Mikaela Knowles ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAdOkHBC0_l1_WcSEUIzns07ExpKHTMOAA "Grant Agreement - PT25083" History
Document created by Mikaela Knowles ([email protected]) 2024-11-08 - 3:35:37 PM GMT
Document emailed to [email protected] for signature 2024-11-08 - 3:35:46 PM GMT
Email viewed by [email protected]
2024-11-10 - 9:43:02 PM GMT
Email viewed by [email protected]
2024-11-12 - 5:34:05 PM GMT
Signer [email protected] entered name at signing as Jason Watson 2024-11-12 - 7:22:13 PM GMT
Document e-signed by Jason Watson ([email protected]) Signature Date: 2024-11-12 - 7:22:15 PM GMT - Time Source: server Document emailed to [email protected] for signature 2024-11-12 - 7:22:17 PM GMT
Email viewed by [email protected]
2024-11-12 - 10:30:57 PM GMT
Signer [email protected] entered name at signing as Steve Rodrigues 2024-11-12 - 10:31:29 PM GMT
Document e-signed by Steve Rodrigues ([email protected]) Signature Date: 2024-11-12 - 10:31:31 PM GMT - Time Source: server Document emailed to [email protected] for signature
2024-11-12 - 10:31:33 PM GMT

Email viewed by [email protected]
2024-11-13 - 0:12:41 AM GMT
Signer [email protected] entered name at signing as Nadine Silva 2024-11-13 - 0:13:02 AM GMT
Document e-signed by Nadine Silva ([email protected]) Signature Date: 2024-11-13 - 0:13:04 AM GMT - Time Source: server Document emailed to [email protected] for signature 2024-11-13 - 0:13:06 AM GMT
Email viewed by [email protected]
2024-11-13 - 4:23:13 PM GMT
Signer [email protected] entered name at signing as Jason Hedden 2024-11-13 - 4:24:49 PM GMT
Document e-signed by Jason Hedden ([email protected]) Signature Date: 2024-11-13 - 4:24:51 PM GMT - Time Source: server Document emailed to Carolyn Vu ([email protected]) for signature 2024-11-13 - 4:24:54 PM GMT
Email viewed by Carolyn Vu ([email protected])
2024-11-13 - 4:26:57 PM GMT
Document e-signed by Carolyn Vu ([email protected]) Signature Date: 2024-11-13 - 4:27:03 PM GMT - Time Source: server Document emailed to Barbara Rooney ([email protected]) for signature 2024-11-13 - 4:27:06 PM GMT
Email viewed by Barbara Rooney ([email protected]) 2024-11-14 - 0:08:24 AM GMT
Document e-signed by Barbara Rooney ([email protected]) Signature Date: 2024-11-14 - 0:08:33 AM GMT - Time Source: server Agreement completed.
2024-11-14 - 0:08:33 AM GMT