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HomeMy WebLinkAbout05 SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANTpsT1 TO: FROM: SUBJECT: SUMMARY AGENDA REPORT JANUARY 6, 2015 JEFFREY C. PARKER, CITY MANAGER Agenda Item 5 Reviewed: City Manager Finance Director EN A STEPHEN D. LEWIS, ACTING CHIEF OF POLICE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT In January of 2014, Tustin Police Department submitted a grant request for additional equipment to reduce injury traffic collisions and conduct DUI enforcement. On September 30, 2014, the Office of Traffic and Safety (OTS) approved the grant in the amount of $82,820.00, which includes the purchase of equipment. Tustin Police Department would like to purchase two balloon light systems, five Preliminary Alcohol Screening (PAS) devices, and five Light Detection and Ranging ( LIDAR) handheld devices. All purchases will be reimbursed by the STEP grant (see attachment #1) RECOMMENDATION It is recommended the City Council authorize: 1. The purchase /acquisition of two (2) balloon light systems; 2. The purchase /acquisition of two (2) portable generators; 3. The purchase /acquisition of five (5) PAS devices ; 4. The purchase /acquisition of five (5) LIDAR handheld devices. FISCAL IMPACT The overall purchase /implementation cost will be $25,399.58. All purchases will be reimbursed by the STEP grant. CORRELATION TO THE STRATEGIC PLAN The proposal supports the implementation of Goal B: Public Safety and Protection of Assets: Ensure Tustin is an attractive, safe and well maintained community in which people feel pride. BACKGROUND /DISCUSSION In an effort to reduce the number of persons killed and injured in alcohol involved collisions, the Tustin Police Department currently conducts DUI checkpoints throughout STEP Grant JANUARY 6, 2015 Page 2 of 3 the City. In order to conduct both effective and safe DUI checkpoints, proper lighting is necessary for all personnel working as well as motorists driving through the checkpoint. The Tustin Police Department currently utilizes four lighting systems known as balloon lights. These balloon lights are powered by portable generators and light up an area of approximately 16,000 square feet. To effectively light up an entire DUI checkpoint, four balloon light systems are required. The Tustin Police Department currently has two balloon light systems and must borrow two additional balloon light systems from the water department during every DUI checkpoint. In order to ensure competitive pricing, the Tustin Police Department has had several vendors set up demonstrations on new and more efficient balloon light systems. The Tustin Police Department requests the acquisition of two LED balloon lights which require a smaller generator and have longer bulb life than the systems we currently have. Listed below are the quotes received for two LED balloon light systems: LED Balloon Light BC Traffic $6,406.00 Mallard Construction $6,848.00 Capitol Construction $8,759.00 Portable Generator Alan's Lawnmower $1,987.11 White Cap $2,006.64 Huntington Beach Honda $2,051.98 In an effort to assist in the identification and conviction of persons driving under the influence, the Tustin Police Department utilizes handheld devices to detect the presence of alcohol in persons suspected of DUI. These devices are known as Preliminary Alcohol Screening (PAS) devices and greatly assist officers during their investigation process in the field. PAS devices are breath alcohol testing instruments that provide a simple and economical method of determining a person's breath alcohol concentration with evidential grade accuracy. The Tustin Police Department currently has five PAS devices which are all older than 10 years. Due to the age of these devices, they regularly require maintenance and at times malfunction in the field. With the acquisition of five new PAS devices, it will allow the Tustin Police Department to replace all current PAS devices. Listed below are the quotes received for five PAS devices: Intoximeters $3,869.36 Galls $3,998.59 Alco Pro $4,206.00 In an effort to reduce the number of persons killed and injured in traffic collisions in the City of Tustin, the Tustin Police Department's Traffic and Patrol Division conduct routine traffic enforcement throughout the City. The Tustin Police Department has identified the top primary collision factor for traffic collisions in the city to be unsafe speed. Currently, the Tustin Police Department utilizes Light Detection and Ranging (LIDAR) devices to STEP Grant JANUARY 6, 2015 Page 3 of 3 measure the speed of vehicles for speed limit enforcement. Officers use these LIDAR devices in areas that have historically been known to have speeding motorists as well as a high number of injury and non -injury accidents caused by unsafe speed. The Tustin Police Department currently has a total of seven LIDAR devices. Of the seven LIDAR devices, five are assigned to the Traffic Division and two to the Patrol Division. With the acquisition of five new LIDAR devices, all traffic officers would be assigned the new LIDAR devices and a total of seven LIDAR devices would be available for the Patrol Division. Allowing more LIDAR devices to be available to patrol would allow more officers to conduct traffic enforcement during both day and night time hours in order to reduce fatal, injury and bicycle collisions. Listed below are the quotes received for five LIDAR devices: Communication Center Kustom Signals Lakota Contracting ,-S .QAAl,� STEPHEN D. LE , CAPTAIN Acting Chief of Police $13,117.58 $13,448.60 $14,423.83 Attachments: 1. STEP Grant agreement letter 2. Modified STEP Grant agreement letter 3. Quote from BC Traffic 4. Quote from Mallard Construction 5. Quote from Capitol Construction 6. Quote from Alan's Lawnmower 7. Quote from White Cap 8. Quote from Huntington Beach Honda 9. Quote from Intoximeters 10. Quote from Galls 11. Quote from Alco Pro 12. Quote from Communication Center 13. Quote from Kustom Signals 14. Quote from Lakota Contracting BRIAN GREENE, SERGEANI Traffic Supervisor ATTACHMENT N0. 1 STATle, OV CALIFORNIA BI)M(1NI) O. 11ROW N .W., (;0Vh'RN0R OFFICE OF TRAFFIC SAFETY 2700 XAUSEN DRIVE. Sun r: 300 • ^'• i k V ELK GROVE. CA 0750 WWW.ots.Da.gov (916) 509 3030 �•, (000) 1352020(rr11 DU Ralwaq ' (D16)5003056 (FAX) cpuroR Yip orr�e4 or TAnrne 4Ar4TT September 30, 2014 Brian Grcenc, Sergeant Tustin Police Depaltn)enl 300 Centennial Way Tustin, CA 92780 Dear Sergeant Greene: Grant No_ P7.1591 The Office of Traffic Safety (OTS) has approved your traffic safely grant as part of the California Traffic Safety Program. Costs incurred must be in accordance with your grant agreement, and recorded in your accounting system. No other costs can be allowed without OTS approval. Costs incurred prior to the starting date or subsequent to the closing date of this grant are not reimbursable. Within the first quarter of your grant period, your Coordinator will provide you with information about operational and fiscal requirements, as well as tools to manage your new grant. Please refer to the above grant number in all your communications with this office. If you have any questions, please contact Julie Schilling, Regional Coordinator, at (916) 509 -3018 or e-mail atjulie.schilling@ots.ca.gov. • D• L. CRAFT irector JS:lkd Enclosures cc: Fiscal State of California — Office ol" 1'raf is Safely GRANT' AGREEMENT - Page 1 OTS -Ta In— 4/1,11 GRANT NUMBER PT 1591 ca — 1. GRANT TITLE SELECTIVE TRAFFIC ENFORCEM EN'TPROGRAM (STEP) NAME OF APPLICANT AGENCY 4. GRANT PERIOD CITY OF TUSTIN ... From: 10/1/14 To: 9/30/15 3. AGENCY UNITTO I1ANDLE6RANT TUSTIN POLICE DEPARTMENT 5. GRANTDESCRIPTION To reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors, "best practice" strategies Will be conducted. The funded strategies may include: DUI checkpoints, DUI saturation patrols, warrant service operations, stakeouts operations, a "HOT Sheet" program, educational presentations, and court stings. The program pray also concentrate on speed, distracted driving, seat belt enforcement, operations at intersections with disproportionate numbers of traffic crashes, and special enforcement operations encouraging motorcycle safety. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. 6. FEDERAL FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NO'r EXCEED: S 82 ,820.00 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 (OTS -38b) — Problem Statement, Goals and • Schedule C (OTS -38g) — Quarterly Evaluation Data Form Objectives and Method of Procedure (if applicable) • Schedule B (OTS -38d) — Detailed Budget Estimate and Y Exhibit A — Certifications and Assurances Sub - Budget Estimate (if applicable) • Exhibit B* - OTS Grant Program Manual • Schedule B -1 (OTS -381') — Budget Narrative and Sub- Budget Narrative (if applicable) "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 hone web page under Grants: www.ots.ca.L'Oy. 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 tens and conditions. IN WITNESS WHEREOF, this Agreement has been executed by the pal-ties hereto. 8. APPROVAL SIGNATURES A. GRANTDIRECTOR B. AUTHORIZING OFFICIAL OF APPLICANT AGENCY NAME: Brian Greene PHONE: 714 -573 -3219 NAME: Charles Celano PHONE: 714 -573 -3300 TILE: Sergeant FAx: 714- 730 -5027 TITLE: Chief of Police FAX: 714- 730 -5134 ADDRESS: 300 Centennial Way ADDRESS: 300 Centennial Way Tustin, CA 92780 Tustin, CA 92780 E -MAIL: bgreene @tnstinea.org E -MAIL: no @tustinea.org (Signature) (Date) nature) (Date) C. FISCAL OR ACCOUNTING OFFICIAL D. OFFICE AUTHORIZED TO RECEIVE PAYMENTS NAME: Pamela Arends -King PHONE: 714 -573 -3061 NAME: City of Tustin Finance T,,,F: Finance Director FAx: 714- 832 -0825 ADDRESS: 300 Centennial Way ADDRESS: 300 Centennial Way Tustin, CA 92750 Tustin, CA 92780 9. DUNS NUMBER ''. -MAIL: parends- king @tustinea.org DuNs #: 076072487 /; REGISTERED 300 Centennial Way ADDREss Tustin, CA 92780 (Signature) (Ddie) Page 2 (Office of Traffic Safety Use Only) EFFECTIVE DATE OF AGREEMENT: 10/1/2014 GRANTEE CITY OF TUSTIN GRANT NO. PT1591 Fin Action No 1 Date: 9/16/2014 10. TYPE OF AGREEMENT Initial I X I Revision Cont. PAID MEDIA PROGRAM INCOME TASK NO. F.F.Y. Revision No. Date: 2 2015 9. Action Taken 11. FUNDING DISPOSITION & STATUS Fiscal Year Amount Initial approval of 2015 HSP funds obligated. 2014 -15 82,820.00 Total 82, 820.00 Obligated This Action Previously Obligated Total Amount Obligated Amount Suspended TOTAL FUNDS PROGRAMMED 82,820.00 0.00 82,820.00 0.00 82,820.00 FUNDING DETAIL FUND CFDA ITEM /APPROPRIATION FY AMOUNT 164AL 20.608 0521- 0890 -101 (20113) 2013 $ 54,640.00 402PT 20.600 0521- 0890 -101 (20/13) 2013 $ 28,180.00 12. BUDGET SUMMARY (From Schedule B Detail) - FISCAL YEAR GRANT PERIOD ENDING: 9/3012015 2014 -15 2014 -15 TOTAL GRANT COST CATEGORY GRANT PERIOD PRIOR GRANT TOTAL GRANT BUDGET ESTIMATE A. Personnel Costs 51,820.00 0.00 51,820.00 51,820.00 Travel Expenses 3,000.00 0.00 3,000.00 3,000.00 C. Contractual Services 0.00 0.00 0.00 0.00 D. Equipment 10,000.00 0.00 10,000.00 10,000.00 E. Other Direct Costs 18,000.00 0.00 18,000.00 18,000.00 F. Indirect Costs 0.00 0.00 0.00 1 0.00 TOTAL FEDERAL FUNDS 82,820.00 0,00 82,820.00 82,820.00 13. GRANT APPROVAL & AUTHORIZATION TO EXPEND OBLIGATED FUNDS A. APPROVAL RECOMMENDED BY B. AGREEMENT & FUNDING AUTHORIZED BY NAME: JULIE SCHILLING NAME: RHONDA L. CRAFT TITLE: Regional Coordinator TITLE: Director PHONE: (916) 509 -3018 E -MAIL: julie.schilling @ots.ca.gov Office of Traffic Safety Office of Traffic Safety 2208 Kausen Drive, Suite 300 usen Drive, Suite 300 ElknjGrove, CA 95758 _ Elk Grove CA 95758 Signature l� Signature OTS -38a` (Rev. 2/13) GRANT'S MADE EASY - STEP SChle.DULr A GRANT DESCRIPTION GRANT No. PT1591 PAGE I 1. PROBLEM STATEMENT From 2009 through 2012, the Tustin Police Department received approximately 1,100 traffic collision calls for service and handled an average of 700 traffic reports during that time. Of those 700 cases, approximately 220 were injury or fatal collisions. This local data is supported by the 2011 SWITRS data in reference to traffic collisions where one or more parties were injured or killed. The City of Tustin is ranked by OTS at 39/102 using average population for the number of total fatal and injury collisions. The majority of these collisions area result of unsafe speed, red signal violations, and failure to yield violations. To ensure traffic safety for the residents and visitors, the City of Tustin Police Department has established a 2014 goal to reduce the total number of injury and fatal traffic collision by 5 %. Over the past four years, the City of Tustin has had an average of 70 DUI collisions per year. This local data is supported by the 2011 SWITRS data in reference to DUI collisions. The City of Tustin is ranked by OTS at 49/102 using average population for the number of DUI collisions. Based on local data over the past four years, the City of Tustin has averaged approximately 28 bicycle collisions per year and continued to see a significant increase in 2012 and 2013. Of these documented traffic collisions, the bicyclist has been at fault an average of 70% of the time. The majority of these traffic collisions were committed by teenage or young adults, and were a result of riding on the wrong side of the road and red signal /stop sign violations. A. Traffic Data Summary: Collision 2011 2012 2013 Type Collisions Victims Collisions Victims Collisions Victims Fatal 2 2 4 4 3 4 Injury 212 288 246 346 223 300 Fatal I Injury Killed Injured Fatal Injury Killed Injured Fatal Injury Killed Injured Alcohol - 0 21 0 25 0 17 0 22 3 8 4 13 Involved Hit & Run 0 4 0 4 0 4 1 0 6 0 7 0 11 Nighttime 0 29 16 0 25 1 17 2 19 (2100 -0259 hours) 10 Top 3 Primar Collision Factors Fatal Injury Killed IRlured #1 - VC 22350 - Unsafe Speed 0 124 0 185 #2 - VC 21453 a) -Red Signal 2 107 2 158 #3 - VC 21801 (a)- Failure to Yield during left turn 0 70 0 103 OTS -38b (Rev. 5/14) GRANTS MADE EASY - STEP SCALDUEE A GRANT DESCRIPTION GRANT No. PT1591 PAGu- 2 2. PERFORMANCE MEASURES A. Goals: 1) To reduce the number of persons killed in traffic collisions. 2) To reduce the number of persons injured in traffic collisions. 3) To reduce the number of persons killed in alcohol - involved collisions. 4) To reduce the number of persons injured in alcohol - involved collisions. 5) To reduce the number of persons killed in drug- involved collisions. 6) To reduce the number of persons injured in drug- involved collisions. 7) To reduce hit & run fatal collisions. 3) To reduce hit & run injury collisions. 9) To reduce nighttime (2100 - 0259 hours) fatal collisions. 10) To reduce nighttime (2100 - 0259 hours) injury collisions. 11) To reduce the number of bicyclists killed in traffic collisions. 12) To reduce the number of bicyclists injured in traffic collisions. 13) To reduce the number of pedestrians killed in traffic collisions. 14) To reduce the number of pedestrians injured in traffic collisions. B. Objectives: 1) To develop (by December 31) and /or maintain a "HOT Sheet" 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 HOT sheets should be distributed to patrol and traffic officers monthly. 2) To send 4 law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST - certified training. OTS -38b (Rev. 5/14) GRANTS MADE EASY - STEP SCIIEDUI:E A GRANT DESCRIPTION GRANT No. PT1591 PAGE 3 3) To send 4 law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 -hour POST - certified training. 4) To send 2 law enforcement personnel to the IACP Drug Recognition Expert (DRE) training. 5) To conduct 4 DUI /DL Checkpoints. Note: A naininuan of I checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the NHTSA Summer Mobilization, 6) To conduct 5 DUI Saturation Patrol operations. 7) To conduct 3 Traffic Enforcement operations, including but not limited to, primary collision factor violations. 8) To conduct 2 Distracted Driving enforcement operations targeting drivers using hand held cell phones and texting. 9) To conduct 1 night -time (2100 - 0259 hours) Click It or Ticket enforcement operations. 10) To conduct 2 Traffic Safety educational presentations impacting 200 community members. Note: Presentations may include topics such as distracted driving, DUI, speed, bicycle & pedestrian. safety, seatbelts and child passenger safety. 11) To conduct 2 bicycle and pedestrian enforcement operations in identified areas of high bicycle and pedestrian traffic. 12) To participate in the National Distracted Driving Awareness Month in April. 13) To participate in the NHTSA Click It or Ticket mobilization period in May. 14) To collaborate with the county's Avoid Lead Agency by: participating in planning/scheduling meetings and MADD /Avoid DUI Seminars; providing your agency's schedule of operations that occur during any Avoid campaign; and reporting your agency's DUI arrests & DUI fatality information during any Avoid campaign. 15) To collect and report DUI enforcement data for the NHTSA Winter and Summer Mobilizations. NOTE: Nothing in this "agreement "shall be interpreted as a requirement, formal or informal, that a particular police officer issue a specified or predetermined number of citations in pursuance of the goals and objectives hereunder. NOTE. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release for each checkpoint operation. For combination DUI /DL OTS -38b (Rev. 5114) GRANTS MADE EASV - STEP SCIiEDUI.E A GRANT DESCRIPTION GRANT No. PT1591 PAGE. 4 checkpoints, departments should issue press releases that mention DL's will be checked at the DUI /DL checkpoint. Signs for DUI /DL checkpoint operations should read "DUI /Driver's License Checkpoint Ahead. " 07S doer not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre - approval will OTSfund checkpoint operations that begin prior to 1800 hours. 3. METHOD OF PROCEDURE A. Phase 1 - Program Preparation, Training and Implementation (1" Quarter of Grant Year) • The police 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 this quarter. • All grant- related purchases needed to implement the program should be made this quarter. • In order to develop /maintain the "Hot Sheets," 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 Hot Sheets may include the driver's name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. Hot Sheets 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 collision locations. Media Requirements 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 ernailed to the OTS Public Information Officer at pio(rr),ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. B. Phase 2 - Program Operations (Throughout Grant Year) The police department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes. Media Requirements e Send all grant - related activity press releases, media advisories, alerts and general public materials to the OTS Public Information Officer (PIO) at pioL&ots.ca.gov, with a copy to your OTS Coordinator. OTS -38b (Rev. 5/14) GRANTS MADE EASY - STEP SCHEDULE A GRANT DESCRIPTION GRANT No. PT1591 PAGL 5 a) If an OTS template -based press release is used, the OTS PIO and Coordinator should be copied when the release is distributed to the press. If an OTS template is not used, or is substantially changed, a draft press release should first be sent to the OTS P10 for approval. Optimum lead time would be 10 -20 days prior to the release date to ensure adequate turn - around time. b) Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS P 10 and Coordinator when the release is distributed to the press. c) Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre - publicity, but are encouraged to offer embargoed media coverage and to report the results. • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio@ ts.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant - related traffic safety event or program so OTS has sufficient notice to arrange for attendance and /or participation in the event. • Submit a draft or rough-cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at piovots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant- funded print materials; consult your OTS Coordinator for specifics. C. Phase 3 — Data Collection & Reporting (Throughout Grant Year) • Agencies are required to collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Statistical data relating to the grant goals and objectives will be collected, analyzed, and incorporated in Quarterly Performance Reports (QPRs). QPRs for the quarter ending September 30 will include year -to -date comparisons of goals and objectives. If required, a separate quarterly data reporting form will be completed each quarter and submitted as part of the QPR. • Reports will compare actual grant accomplishments with the planned accomplishments. They will include information concerning changes made by the Grant Director in planning and guiding the grant efforts. OTS -38b (Rev. 5/14) GRANTS M ADF. EASY - S'r E P SCIIFDUr.F A GRANT DESCRIPTION GRAM, No. PT 1591 PAGE 6 Reports shall be completed and submitted in accordance with OTS requirements as specified in the Grant Program Manual. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section 1n 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 why objectives were not completed. 5. ADMIlVISTRATIVESUPPORT This prograun has full support of the City of Tustin. Every effort will be made to continue the activities after the grant conclusion. OTS -38b (Rev. 5/14) SCI f EDULE 13 DETAILED BUDGFT ESTIMA'T'E GRANT NO. PT1591 FUND NUMBIR CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL, AMOUNT A. PERSONNEL. COSTS CFDA Minimum Penalties for Repeat Offenders for 164AL 20.608 Driving While Intoxicated $ 54,640.00 402PT 20.600 State and Community Highway Safety $ 28,180.00 COST CATEGORY FISCAL YEAR ESTIMATES TOTAL COST TO GRANT A. PERSONNEL. COSTS CFDA FY -1 10/1/14 thl Ll 9/30/15 Positions mid Salaries Overtime DUI / Driver's License Checkpoints DUI Saturation Patrols Traffic Enforcement Operations Distracted Driving Operations CIOT Nighttime Enforcement Operations Bike /Ped Safety Enforcement Operations 20.608 20.608 20.600 20.600 20.600 20.600 $ 37,740.00 $ 6,400.00 $ 2,880.00 $ 1,920.00 $ 960.00 $ 1,920.00 $ 37,740.00 $ 6,400.00 $ 2,880.00 $ 1,920.00 $ 960.00 $ 1,920.00 Category Sub -Total i 1 $ 51,820.00 1 1 $ 51,820.00 B. TRAVEL EXPENSE In -State Out -of -State 20.600 $ 3,000.00 $ - $ 3,000.00 $ - Category Sub -Total $ 3,000.00 $ 3,000.00 C. CONTRACTUAL SERVICES None $ - $ - Category Sub -Total $ - $ - D. EQUIPMENT Light Systems 20.608 $ 10,000.00 $ 10,000.00 Category Sub -Total $ 10,000.00 $ 10,000.00 E. OTHER DIRECT COSTS LIDAR Devices Wheel Carts 20.600 20.608 $ 17,500.00 $ 500.00 $ 17,500.00 $ 500.00 Category Sub -Total $ 18,000.00 $ 18,000.00 F. INDIRECT COSTS None $ - $ Category Sub -Total $ - $ - GRANTTOTALI 1 $ 82 820.00 1 $ 82 820.00 OTS -38d (Rev. 6/14) Page I of I ATTACHMENT NO. 2 STATIC: OF CALIFORNIA EDMUND O. BROWN JR., COVTRNOR OFFICE OF TRAFFIC SAFETY 2208 KAUSEN OWE, SUI I E 300 ELK GROVE, CA 95758 w .Ots.ca.gov (979) 509 3030 (800) 7352929 (TT7rDD ReferrW) (919) 5093055 (FAX) December I, 2014 Brian Greene, Sergeant Tustin Police Department 300 Centennial Way Tustin, CA 92780 Dear Sergeant Greene: t•I I10OK10 urlltr or bunt 0Grtl♦ Grant No. PT1591 Your November 17, 2014, request to transfer $4,300.00 from Lidar Devices to PAS Devices /Calibration Supplies for the "Selective Traffic Enforcement Program (STEP)" is approved. The revision allows for the purchase of PAS Devices. Enclosed are the revised and approved grant agreement pages. These documents replace the existing corresponding pages in your grant agreement file. If you have any questions, please contact Julie Schilling, Regional Coordinator, at (916) 509 -3018 or e-mail at julie.schilling @ots.ca.gov. Sincerely, DAVID DOUCETTE Assistant Director of Operations Southern Division JS:cc Enclosures cc: Charles Celano Pamela Arends -King Fiscal SCHEDULES DETAILED BUDGET ESTIMATE GRANT NO. PT1591 FUND NUMBER CATALOG NUMBER (CFDA) FUND DESCRIPTION TOTAL AMOUNT COST CATEGORY Minimum Penalties for Repeat Offenders for TO GRANT 164AL 20.608 Driving While Intoxicated $ 54,640.00 402PT 20.600 State and Community Highway Safety $ 28, 1 80.00 OTS -38d (Rev. 6114) Page I of I FISCAL YEAR ESTIMATES TOTAL COST COST CATEGORY TO GRANT FY -1 CFDA 10/1/14 thru A. PERSONNEL COSTS 9/30/15 Positions and Salaries Overtime DUI / Driver's License Checkpoints 20.608 $ 37,740.00 $ 37,740.00 DUI Saturation Patrols 20.608 $ 6,400.00 $ 6,400.00 Traffic Enforcement Operations 20.600 $ 2,880.00 $ 2,880.00 Distracted Driving Operations 20.600 $ 1,920.00 $ 1,920.00 CIOT Nighttime Enforcement Operations 20.600 $ 960.00 $ 960.00 Bike /Ped Safety Enforcement Operations 20.600 $ 1,920.00 $ 1,920.00 Category Sub -Total 1 $ 51,820.00 LLL1,820 .00 B. TRAVEL EXPENSE In -State 20.600 $ 3,000.00 $ 3,000.00 Out -of -State $ $ Category Sub -Total $ 3,000.00 $ 3,000.00 C. CONTRACTUAL SERVICES None $ $ Category Sub -Total $ $ - D. EQUIPMENT Light Systems 20.608 $ 10,000.00 $ 10,000.00 Category Sub -Total $ 10,000.00 $ 10,000.00 E. OTHER DIRECT COSTS PAS Device /Calibration Supplies 20.600 $ 4,300.00 $ 4,300.00 LIDAR Devices 20.600 $ 13,200.00 $ 13,200.00 Wheel Carts 20.608 $ 500.00 $ 500.00 Category Sub -Total $ 18,000.00 $ 18,000.00 F. INDIRECT COSTS None $ $ Category Sub -Total $ - $ GRANT TOTALI 1 $ 82,820.00 1 $ 82,820.00 OTS -38d (Rev. 6114) Page I of I SCHEDULE B -1. GRANT No. PT1591 BUDGET NARRATIVE Page 1 PERSONNEL COSTS Overtime Overtime for grant funded law enforcement operations may be conducted by personnel such as a Lieutenant, Sergeant, Corporal, Deputy, Officer, Community Services Officer, Dispatcher, etc., depending on the titles used by the agency and the grantees overtime policy. Personnel will be deployed as needed to accomplish the grant goals and objectives. Costs are estimated based on an overtime hourly rate range of $39.77 /hour to $85.49/hour. Overtime reimbursement will reflect actual costs of the personnel conducting the appropriate operation up to the maximum range specified. No benefits will be paid in this grant. TRAVEL EXPENSE In State 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 the Drug Impaired Driving Seminar for Law Enforcement & Prosecution Professionals. All conferences, seminars or training not specifically identified in the Schedule B -1 (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 None EQUIPMENT 2 Light. Systems — high intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time hour operations. Costs may include a generator and accessories. OTHER DIRECT COSTS 5 PAS Device /Calibration Supplies - preliminary alcohol screening devices to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories. OTS -38f (Rev. 6/14) SCHEDULE B -1 GRANT No. PT1591 BUDGET NARRATIVE Page 2 5 Lidar Devices —light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. 2 Wheel Carts — to be used to transport DUI checkpoint supplies. INDIRECT COSTS None PROGRAM INCOME There will be no program income generated from this grant. OTS -38f (Rev. 6/14) BUC Traffic Specialist 638 W Southern Ave, Orange, CA 92865 (714) 974 -1190 Tel. (714) 974 -1753 Fax John Peters 714- 785 -4224 To: Tustin PD All: Officer Mike Carter Phone: Fax: ATTACHMENT NO. 3 Re: Quote Date: 11/1/2014 UOM Quantity Description Unit Price Charges 2 600 LED Airstar Balloon Light $2,405.00 $4,810.00 2 Tripods 18' $445.00 $890.00 Please allow 5 - 7 business days for delivery Any questions or additions please call John Peters 714 - 785 -4224 Sub otal 5,700.00 Sales Tax Rate 8.00% 456.00 Shipping Cha es 250.00 Grand Total 6,406.00 From: John Peters Date: 714 - 785 -4224 Acceptance of proposal: BC Traffic Specialist 638 W Southern Ave, Orange, Caliifomia 92865 ATTACHMENT NO. 4 MALLARD CONSTRUCTION INC. A DVBE UNION CONTRACTOR -Laborers Local # 1184 R 3B /DVBE /SDVOSB Company DGS CERT # 1748928 CSLB # 826607 LIC CLASS B, C -31, C -32, D -06, D -38, D 42, D -6 638 W. Southern Ave. Orange CA. 92865 Ph. (714) 785-5394 Fax(714)974 -1753 To: Tustin PD Att: Mike Carter Phone: Fax: Date: 4- Dec -14 RE: Airstar C /O: John Peters QTY Pan Number Description Price Charges $0.00 2 600 LED Airstar Balloon Light $2,485.00 $4,970.00 2 Tripods 18' $480.00 $960.00 2 Honda Et12000 Generator $1,130.00 $2,260.00 Please allow 5 - 7 business days for delivery Any questions or additions please call John Peters 714 - 785 -4224 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Sub -Total 8,190.00 Sales Tax 8% 655.20 Shl n $ 35o.00 From: Kellen B. ** *Quote is good for 30 days Prices may vary* *' To $$ 9,195.20 Date: Acceptance of proposal: BC Traffic Specialist 638 W. Southern Ave, Orange, CA 92865 RENTALS TRAFFIC CONTROL CUSTOM SIGNS/INSTALLATION PAVEMENT STRIPING SALES ATTACHMENT NO. 5 www.capitolbarricade.com Customer: Tustin PD Job Location contact: Officer Mike Carter Phone # : Project: Fax: 1 6001 Elvas Ave., Sacramento, Ca. 96819 916-451 -5176 916.451 -5388 FAX Sale Quote Date: November 6, 2014 Rep.: Jason Jones FOB: Sacramento, Ca. Description Extended hem # Quantitv Unit Cost Cost 2 Airstar 600 LED Balloon Light $2,461.00 $4,922.00 2 18' Telescopic Tripod Stand for 1 K $476.15 $952.30 2 Honda EL) 2000 Generator $1,118.15 $2,236.30 H H 3y n x 3 tr z H Z O Comments: Notes : Capitol Barricade Provides a wide range of Subtotal : $8,110.60 Safety Equipment Please inquire with Tax: $648.85 our office about meeting your companies Estimated Freight: tbd Safety needs. Total : $8,759.45 This quotation is valid on orders placed within 30 days. All orders placed am subject to the standard credit terms a policies of Capitol Barricade Inc. Unless indicated all orders are F.O.B. Capitol Barricade Inc. office. ATTACHMENT NO. 6 Q 11 0 T A T 1 U N !{v��$r ALAN'S LAWNMOWER & GARDEN CENT -R r'ra.Iw : (714)57.•3000 nr;rb 1�4r2614 ' l 4621 W 1sl Street (.'1'11.4• Ul,*Dv: : 306465 4yp 95. 3433663 At. r. g. (714)673.3123 Ezl: Pat VUSTOIN -101( 1664 "• :, Ann, CJ' 02703 1'11.0 NEEDS PO t P• RRgDDY I1U11,e 41 (1 141 i N I C'Q 'rm' I\ Net 30 i t'1 1•rf, i, 1 1• as g (7 14 17 1:,•:1071 MI P"; I YMl. Du011 %l VI I + Ar..0.0 III I1. 'Itr 10.54 1;ITY OF'rUSTIN F. r I -M ACCT$ PAYABLE $U i1) CFN'I'FNNIAL WAY M i'IIN. CA. 92760 U S.A S1.11P TO CI [Y OF 7 Uul'IN 300 CEN1.ENNIAL WAY 111E riN, CA 9Ua0 I•A(d 1 w u reru!ul r `( 11Rnu 11lX('II1M'IIUti ry11. Plot Y, \CI I. -jN F:U2000'1'IA1 HONDA Q &N 2000 WATT INVERTER, 2012 2 51,ta0.6.5 5919.99; 5I,R,b re. NEW P4OPFl. 53 591IFt l,g §t Ricae and F'ersollal $t.:rwce. E@1414N9 Loyal r }4100174 ra fof uvVr 3U Yews. --We Sllongly advise the use of proper sately gear and procedures will-, all equipliient PIg85r. - -. ask ; 531A, agsociate fpr details. )t uic,'rv.: S1,N39.b ^. Olrp:iit'r0'1':,1.: �� Si,6E7.11 K•DS`lPPLY CONSTRUCTION 6 INDUSTRIAL WHITE CAP 001 - S:mta Ana 1723 S Ritchey St Snnm Ann, CA, 92705 (714) 255 -1300 ATTACHMENT NO. 7 QUOTE 15115587 Sold To: 1001 Ship To: CASII SALE- SAN I ANA 1001,1001 -S CASI 1,SANTA ANA 1 1723 S RITCIIEY 1723 S RI I'CHEY SANTA ANA, CA. 92705 SANTA ANA, CA, 92705 Job Site Contact: JACK L 714.258.3300 Job Slte Phone. 1 Map 8: 02:18 PM Ordered By: JACK L Contact Phone: Quote Number Quote Date I Valid Until I Request Date Sales Perron 15115587 11/05/2014 1 12/052014 1 11/05/2014 Terms Shipping Method I OvoteName ' I Customer PO Created B COD 0. Will Cali TUSTIN POLICE DEPT 714 6733200 GENERATOR Leaning,J LN PartN Description OrdQuantity U/M i Price Amount HIM Unit WT COO 1A 475EU20001IA 2000W SUPER QUIET GENERATOR 1 IONDA 2 EA 53 LBS $929.00 $1,855.00 Shipped amount Order charges Tax amount Lumber Tax rate /amount Quote total Shipped Weight: 106.00 Customer acceptance signature: Date : 1.00% ALL ITEMS AND QUANTITIES REQUIRE CUSTOMER REVIEW AND APPROVAL AVAILABILITY AND LEAD TIMES ARE SUBJECT TO CHANGE SPECIAL ORDERED ITEMS ARE SUBJECT TO MANUFACTURER APPROVAL PRIOR TO RETURN. QUOTE IS SUBJECT TO EXPIRATION AS INDICATED IN THE ABOVE 12/05/2014 DATE. Page 1 of 1 51,858.00 $0.00 $148.64 $0.00 $2,006.64 ATTACHMENT NO. 8 HUNTINGTON BEACH HONDA , 17565 BEACH BLVD r v' 1 4 v 9)`•L'3ol�,'5; Courder Sale HUNTIN6TON BEACH, CA 92647- riwsi�'�+Qetq�111705l2014 10:46 AM (714) 842 -6633 Sid �r-cr,VrS Soltl, "� d; ,'6y I'I!k1 ?S' Mn4moeN �, �,•y �. P�U{U,:Aes%!I{a710yu .�i ,'0:��1`��v.4 L r�F'Y77..�Q B�,. cAf,PNC9 Sln,.l =,9 0 1 0 0 EU200011Al HO GENERATOR EU200011A1 $1,149.95 $949.99 ��___.- ....._.____.._.. —.._:._.....—.- ........ ._..._ ...... ...,;.i....... Subtotal $1,149.96 ATTACHMENT NO. 9 Intaximeter5 Inc. 2081 Craig Road - Saint Louis. MO 63146 Phone: [+11(314) 429 4000 - Fax: [ +11(314) 429 4170 - Email: todd@intox,com Sold To: Tustin Police Department ATTN: Carter, Michael 300 Centennial Way Tustin, Ca 92780 USA Phone: (714) 573 -3215 Fax: (714) 730 -8027 Ln#I qty I Description QUOTATION Date Quote# 11/11/2014 126315000388 Ship To: Tustin Police Department ATTN: Carter, Michael 300 Centennial Way Tustin, Ca 92780 USA Phone: (714) 573 -3215 Fax: (714) 730 -8027 Terms Rep P.O. Number Ship Via TBD Todd Hall $37.25 Best Way 1 5 ALCO - SENSOR VXL INSTRUMENT SET $3,548.25 (GENERAL SOFTWARE) 5 ALCO- SENSOR VXL INSTRUMENT (GENERAL $37.25 SOFTWARE) $3,869.38 Language: English Unit of Measure: Progammable Accuracy Check Warning: Programmable Accuracy Check Disable: Programmable Printout. Short Forth & Long Form Programmable Date Format: Programmable Time of Day Format: Programmable 5 Carrying Case: Alco- Sensor VXL Includes Foam Insert 50 Alco- Sensor VXL Mouthpiece - Single Pack 10 Mouthpiece ASVXL Soft Passive Cup 5 Drink Sniffer Aloo- Sensor FST /Alco-Sensor VXL 5 Calibration Standard Mouthpiece Adapter 5 Case Wrist Strap: Intoximeters - Alco- Sensor FST / Alco- Sensor VXL 5 MANUAL OPERATORS ALCO- SENSOR VXL 5 WARRANTY: 1 -YEAR PARTS AND LABOR 10 1 HRDW FITTING 6 LPM Shipping Term: I EXW- Intoximeters.Inc. Part No. I Unit Price Extended Price INT -ASVXL -003: $707.750 $3,538.75 41- 1000 -00 29- 0840 -00 23- 0160 -01 23- 0170 -10 23- 0190 -00 22- 0645 -00 27 -0825 -00 26- 0170 -00 WARRA 27- 9850 -00 $9.500 $9.50 11/11/201 10:01:05AM Page 1 of 2 Subtotal $3,548.25 Sales Tax $283.86 Est Freight $37.25 Total $3,869.38 11/11/201 10:01:05AM Page 1 of 2 Ln # Qty 9 Description Part No. Unit Price Extended Price Standard Terms & Conditions of Intoxaneters, Inc. apply to all orders. All prices are quoted in US Daiwa and valid Im 60 days unless noted. Federal [DO 430906533 Country of Origin: USA . BANKING DETAILS UMB Bank, N A 1008 Oak Strew Account No 9871455602 Kansas City, MO 64106 ABA No 081009813 USA SW4t: UMKCUS44 TEL' ( +1) (816) 8607900 (Electronic Signature) Signed : Tn H.W. 11/11/201 10:01:05AM Page 2 of 2 ATTACHMENT NO. 10 ` �+Tne Aut **in Public Safety . ••�/1��Because Duty Calls. �+ 14L�7 Egwo ~lam d� ml. �i� UARTERMAS 9 �R Company/ Agency: TUSTIN PD I Customer/ Contact: M. CARTER Quartermaster Contact: Derick Rabaja (562) 304 -7320 Stock Number Product Description LWO68 INTOXIMETERS ALCO SENSOR VXL BREATH TESTER SHIPPING WILL BE FREE FOR ANY SIZE ORDER Price Quotation ion Date: Duration: Cust. Account #: Quanti I•". `Prices quoted are for quantities listed. Changes to quantities could affect your price +/-. Please contact your account manager for latest pricing updates. While most quotes are good for 30 days, please contact us for extensions. " Shipping cost at actuall freight" TBD Quartermaster- 17600 Fabrics Way- Cerritos - CA - 90703 www.qmuniforms.com (800) 834.7744 Toll Free Unit Price $740.48 November 10, 2014 60 DAYS 1000534403 Extended Total $3,702:40 Subtotal $3,702.40 Tax $296.19 S &H Grand Total $3,998.59 i3 t7 x 3 to z F-3 z 0 0 ATTACHMENT NO. 11 Page: 1 Quote AlcoPro, Inc. 4.150.00 Order Number: 0135043 P.O. Box 10954 56.00 Order Date: 111712014 Knoxville, TN 37939 4,206.00 (800) 2279890 Salesperson: SHAN Customer Number: 9278007 Sold To: Ship To: TUSTIN POLICE DEPT TUSTIN POLICE DEPT ACCOUNTS PAYABLE OFFICER MICHAEL CARTER 300 CENTENNIAL WAY 300 CENTENNIAL WAY TUSTIN, CA 92780 TUSTIN. CA 92780 Contlrm To: Customer P.O. Ship VIA F.O.B. Terms UPS NET 30 Item Code Unit Ordered Shipped Back Order Price Amount 208 EACH 5 0 0 830.0000 4,150.00 ALCO- SENSOR VXL Whse: 000 Net Order: 4.150.00 Less Discount 0.00 Freight: 56.00 Sales Tax: 0.00 Order Total: 4,206.00 ATTACHMENT NO. 12 PUBLIC SAFETY TECHNOLOGIES INC COMM UNICA'I'IONS CENTER a (�p(��( � Q�p 5� (�(� 719 Arrow Grand Circle t] ^/ IIHUIItlIumCA000OVs Covina, CA 91722 { (626)966 -9999 Quote Date Quote No. 11/10/2014 17977 Exp. Date 1 Address j IShip To TUSTIN POLICE DEPARTMENT MICIIAEL CARTER 300 CENTENNIAL WAY TUSTIN POLICE DEPARTMENT TUS'NN, CA 92780 TUSTIN POLICE DEPT 300 CENTENNIAL WAY TUSTIN, CA 92780 Accepted By Accepted Date k((((((( KUSTOM SIGNALS, INC. 96521-dret Slvd, Lq�o,o,KS662192406 (A3492-1400 Foa913-0924703 a yaftwatomsignala.mm www.ka41armipn21a.00m Dale 11/10/2014 ... OFC MICIIALLCABTEN TUSTIN POLICE DI;VI' 300 CENTENNIAL WAY '1'USTIN CA 92780 ATTACHMENT NO. 13 Quotation Quote 8 1878999941915PC 'terms Net 30 'this Quote Expires on 02/08/2015 Phone 714 -573 -3200 714 -730 -8027 Page I of 3 .Qft Product Description UnIlPrice SubTotal 5 ProLaser 4 bundle includes o 1logue grip, 8 AA rechargeable batteries with charger 52,459.00 $12,295.00 (4 of which arc spaces), USD to PC interface cable, 12 VDC to 1!SB adapter, bard carry case and industry leading three (3) year warranty. 5 SHIPPING & HANDLING COSTS 534.00 SI70.00 5 CA SALES'1'AX(8 %- Orange Counly) Sl%.72 5983.60 Total $13,448.60 Signature Applicable Sales Tax Not Included. Seller may charge Buyer a 25% restocking fee. Toll Free 8004KUSTOM (800 - 458 -7866) KUSTOM SIGNALS, INC. TERMS AND CONDITIONS ATTACHMENT NO. 14 LAKOTA CONTRACTING 343 QUINCY ST., SUITE 103; RAPID CITY, SD, 57701 PHONE: 800- 984 -8550 FAX: 605- 348 -4113 BUY - INDIAN' CERTMM QUOTATION # 0030985 COMPANY: Tustin Police Department DATE: 11/10/14 CONTACT: Officer Carter EXPIRES: 12/10/14 PHONE: 714 -573 -3200 CAGE CODE: IWC4 FAx: DESTINATION CONUS SAM REGIST.: Active Thru 01JUL15 E -MAIL: MCarter tustinca.or 0.00 0.00 ITEM QTY DESCRIPTION UNIT PRICE EXT PRICE CRS 2000 5 Prolaser 4 Lidar. Includes 8 AA rechargeable batteries — 4 of which are spares, battery charger, hard carrying case, USB to PC interface cable, 12 VDC adapter cable and 3yr Factory warranty. GSA CONTRACT ITEM 2,995.00 14,975.00 CAGE CODE: IWC4 FOB POINT: DESTINATION CONUS SAM REGIST.: Active Thru 01JUL15 GSA CONTRACT #: Shipping & Handling F.O.B. Destination. 0.00 0.00 COUNTRY OF ORIGIN USA Price does not include applicable sales tax. TOTAL QUOTATION PRICE. 14 975.00 BUSINESS SIZE: Small P'Bu - Indian" Certified FED ID #: 46 -0451565 TERMS: Net 30 DUNS #: 002580780 DELIVERY: 35 Days ARO CAGE CODE: IWC4 FOB POINT: DESTINATION CONUS SAM REGIST.: Active Thru 01JUL15 GSA CONTRACT #: GS -07F -0192N Current thru 12/31/17 SALESPERSON Marty Pfister COUNTRY OF ORIGIN USA NOTES: I. API'Id CAB1LI'I'N'. Unless otherwise stlecil'led in it written bid, qunle or con Ira el, the 16,1lowing Ienm a rid cried ition% shall apply 2. PRICES AND TAXES. Prices will be Kustum Signals, Inc 'q ( "Salk! ) prices in eRccl on the dale n purchase older Is accepted by Seller. and Seller may change its prices al any time, in its sole discretion. All prices will be Chanute. Kansas, and net or any duties, sales, use or similar taxes, fees or assessments, and do not include shipping, packaging or any insurance cost, all of which art Buycr% responsibility. 3. PAYM EN r. Unless otherwise provided on the face or the invoice, payment is due 30 days after invoice date in US dollars. Partial payments am not permitted unless uuthorired in writing partial payments will be treated as noo-paymeal. Dhch invoice is independent liom shipping sequence and disputes relating to other invoices. Failure to pay an invoice within JB days will be considered a defauh. 4. DELI VERY AND PERFORM ANCE. Delivery dates are approvinale Seller disclaims all liability for lute or partial delivery. Seller may deliver in such lots and at such times as is convenient for Seller. 5. LOSS IN TRANSIT. Risk or loss will pass to Buyer upon delivery of the goods to die earner, In case of bmakage or loss in transit, Buyer will have notation ofsame made on expense bill before paying freight Seller may rejectchainis for shortages not made within 15 days of Buyer's receipt oflhe goods. 6. TERMINATION, RESTOCKING CHARGES. Buyermay terminate this purchase order Ibr its convenience, in whole or in park by written, fixed or telegraphic notice al any time If Buycr len rinatcs this purchase order for convenience, Buyer will be liable to Seller for Seller's reasonable costs incurred in the performance of this purchase order that Seller cannot mitigate. Unless otherwise agreed upon in advance in writing by Scllcr. Seller may charge Buyer a 25 % restocking fce, if (a) upon approval by Seller, the Buyer returns any non - defeclive goods covered by this invoice; or (b) prio r to shipment, but alter the goods are produced by Seller, Buyer cancels the order for the subject goods. 7. WARRANTY. Seller's warranty is provided separately. 8. LIMI'I'A'rION OP LIABILITY. SELLER IS NO'f LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, OR INCIDENTAL DAMAGES, OR ANY LOST PROFTS OR LOST SAVINGS, EVEN IF A SELLER REPRESENTATIVE HAS BEEN ADVISED OP ']'HE POSSmILDY OP SUCH LOSS, DAMAGES, CLAIMS OR COSTS, NOR IS SELLER LIABLE FOR ANY CLAIM BY ANY 1.111RD PARTY. SELLERS AGGREGATE LIABILrrY UNDER OR IN CONNECTION WITH THIS PURCHASE ORDER IS LDA H'ED TO THE AMOUNT PAU) FOR THE GOODS. 9, INDEMNIFICATION. Buym will indcnmily,dcknd and hold Seller harmless from all Iosscs.damagcs.liabililics and costs, includingatlurncys' fees, ioeumed car srtsloinud by Selleras a result of any third party claim made against Scllcr, including a claim by u customer of Buyer, arising from its negligent, reckless, willful. or intentinnal actions in murketing and reselling the goods. 10. EXPORT RULES. Fxpons and re-exports of the goods may be subject to United Slates export convols Bill sanctions administered by Ilnc US. Department it'Commcme Bureau of Industry and Security under its Export Administration Regulations ('EAR'). Buyer shall comply with all laws, rules and regulations applicable to the expert or re -export of goods including but not limited In EAR which includes. among other things, screening potential transactions against the U.S. Government's (i) list of prohibited end users, and (ii) list of prohibited countries. Buyer represents and warrants that (i)d has not been charged with, convicted of or pcoa6ecd for, any vi�lalion of BAR orunyslulule referenced in FAR §76625,and (ii) it has not been notified by any government official of competenta whomy that is unde investigation for any violation ofEAR or any statute referenced in EAR §766 25 . Il. MISCELLANEOUS. These terms and conditions together with any other written agreement between Buyer and Seller, ifany:(i)are the exclusive statements'ofte parties wit t respect to the subject matter and supersedes any prior of comlempuraneous communications: (ii) may not be amended except in writing executed by the parties and will prevail in any case where the terms of Buyer's purchase order or other communication are nconsistcnt: (iii) will be interpreted and enforced in accordance with the laws of the Slate of Kansas without giving efrecl to principles of conflicts of law. These terms and conditions arc: (1) solely for the benefit oohs parties, and no provision of these terns and conditions will be deemed to confer upon any other person any mmedy, .claim, liability. reimbursement, cause of action or other right. Each parry consents to the exclusive personal jurisdiction of the state arc federal courts located in the State of Kansas fur purposes of any suit, action or other proceeding arising out of this Agreement, waives any argument that venue in any such forum is nol convenient and agrees that the venue of any litigation indiated by e ilher ofthe m in connection w ith this Agreement will be in either the District Coon of Johnson County, Kansas, or the United Slates District Court, District of Kansas. Irony provision ofthese terms and conditions is unenforceable, the remaining provisions will remain in effect. No waiver(whether by course of dealing or otherwise) is effective unless it is made in writing and signed by the party to be charged with such waiver. Unless otherwise specified in willing, notices must be given in writing by registered or certified mail, re turn receipt requested, addressed to: Kustom Signals, Inc Attn: Saks DCPI. 9652 Loire[ Lenexa, KS 66219