ROCKLIN CITY COUNCIL
SPECIAL
City Council Special Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA
95677
Website:
www.rocklin.ca.us
November 19, 2024
Closed Session at 5:00 p.m.
General Session at 6:00 p.m.
GREG JANDA,
Mayor
JILL GAYALDO,
Vice Mayor
DAVID BASS,
Council Member
KEN BROADWAY,
Council Member
BILL HALLDIN,
Council Member
ALY ZIMMERMANN,
City Manager
MATTHEW MCOMBER,
City Attorney
DANIEL CHOE,
City Treasurer
AVINTA SINGH,
City Clerk
HOW TO PARTICPATE
The City of Rocklin welcomes your interest and involvement in the City's legislative process. The City Council has established a procedure for addressing the Council. Persons wishing to address the City Council are asked to voluntarily complete and submit a speaker identification sheet to the City Clerk.
Speaker identification sheets are available near the entrance of the Council Chambers. For items listed on the agenda, any person may address the City Council at the time the item is considered. Speakers are requested to restrict their comments to the item as it appears on the agenda and stay within the required three-minute time limit. The Brown Act does not permit the City Council to take action on items brought up under Citizens Addressing the City Council.
WRITINGS RECEIVED AFTER AGENDA POSTING
Any writing or documents related to an agenda item for this meeting provided to the City Council will be made available for public inspection at City Hall, 3970 Rocklin Road, Rocklin, during normal business hours.
AMERICANS WITH DISABILITIES ACT
In compliance with the Americans with Disabilities Act, if you require special assistance to participate in this meeting or other services in conjunction with this meeting, including receiving notices, agendas, and other writings in appropriate alternative formats, please contact our office at (916) 625- 5560 at least 48 hours prior to the meeting or time when services are needed so that we may make every reasonable effort to accommodate you.
LEVINE ACT PROVISIONS
The Levine Act requires a party (or the party’s agent(s)) to a proceeding before the City of Rocklin that involves any action or consideration to their contract, license, permit, or other entitlement for use, to disclose any campaign contribution made to a City elected or appointed officer (including Councilmembers, Planning Commissioners, and members of other City boards and commissions) totaling more than $250 within the 12 months before the City decision.
City Council Special Meeting Agenda of November 19, 2024 1 CS1.
Pursuant to Government Code Section 54957, Public Employee Performance Evaluation: City Manager.
AUDIO/VISUAL PRESENTATIONS
If making a presentation regarding an agenda item, all audio/visual materials must be submitted to the City Clerk or Secretary at least 72 hours in advance. The City is not responsible for the compatibility or operation of non-city devices or the functionality of non-city presentations.
POSTING OF AGENDA
In accordance with Government Code Section 54954.2(a) this agenda was posted on the City's bulletin board at City Hall, 3970 Rocklin Road, Rocklin, and City of Rocklin website at www.rocklin.ca.us.
AGENDA
MEETING
INSTRUCTIONS
The public may listen to audio or view the meeting via live stream at https://www.rocklin.ca.us/agendas-minutes
. For those that do not plan on attending in person,
but wish to make a public comment during the meeting, public comments will be accepted in email form until 3:00 p.m. on the meeting day. Public comments should be submitted to the City Clerk at
[email protected]
. Emailed public comments will be distributed to
City Council and treated as a public record.
CALL TO ORDER
ROLL CALL
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION
REPORT OUT OF CLOSED SESSION
CALL GENERAL SESSION TO ORDER
PLEDGE OF ALLEGIANCE
CITIZENS ADDRESSING THE CITY COUNCIL
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.
City Council Special Meeting Agenda of November 19, 2024 2 C1.
Minutes of the October 22, 2024 Regular Meeting of the City Council C2.
California State Office of Traffic Safety - Selective Traffic Enforcement Grant Program
C3.
Citywide Circulation Element Update - Contract Amendment C4.
Portable X-Ray System Purchase
C5.
Whitney Ranch Unit 1 - Notice of Completion Public Improvements C6.
Authorization Increase for Purchases through Cooperative Purchase Agreements C7.
Green River Holdings, LLC, Landscape Maintenance Agreement
CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion. Anyone may request an item be removed for separate consideration.
Recommendation:
Approve the Minutes of the October 22, 2024 Regular Meeting of the City Council.
Recommendation:
Adopt a Resolution of the City Council Of The City of Rocklin Ratifying the Submission of Office of Traffic Safety (OTS) Grant Application For Selective Traffic Enforcement Program (STEP) and Accepting an Award in the Amount of $75,000 and Authorize the City Manager to Sign the Grant Agreement and Necessary Grant Documentation.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute the Third Amendment to the Professional Services Agreement with Fehr & Peers.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Purchase of XIROS DR Portable X-Ray System Under the 2022 Homeland Security Grant Program-Urban Area Security Initiative.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as Whitney Ranch Unit 1 Subdivision, Public Landscape Improvements and Open Space (SD2022-0002), Approving the Notice of Completion, and Authorizing and Directing the Senior Engineer to Execute Said Notice on Behalf of the City (Sunset Ranchos Investors, LLC).
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with Nutrien Ag Solutions, Inc. for Various Parks and Landscape Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Directing Execution of a Landscaping Maintenance Agreement (Green River Holdings, LLC).
City Council Special Meeting Agenda of November 19, 2024 3 C8.
2025 Dig Outs Project - Bid Award
C9.
Woodside Drainage Repair Notice of Completion
C10.
Sunset Whitney Recreation Area Improvements
PH1.
Rocklin Municipal Code Amendments Regarding the Prohibited Use of Motorized Vehicles in Recreation Areas
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Awarding the Contract for the 2025 Dig Outs Project to Central Valley Engineering & Asphalt, Inc. and Authorizing the City Manager to Execute an Agreement.
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as the Woodside Drainage Repair, Approving the Notice of Completion Thereof, and Authorizing and Directing the Execution and Recordation of Said Notice on Behalf of the City (Central Valley Engineering & Asphalt, Inc.).
Recommendation:
A
.
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute Amendment No. 2 to the Sunset Whitney Recreation Area Master Plan Contract for Services with Melton Design Group, Inc.
B
.
Adopt a Resolution of the City Council of the City of Rocklin Approving the First Amendment to the Professional Services Contract with RSC Engineering, Inc. for Engineering Services for the Sunset Whitney Recreation Area Improvements Project and Authorizing the City Manager to Execute the Amendment.
PUBLIC HEARINGS
Public Hearings may be reordered by the Mayor with the consent of the legislative body.
Recommendation:
Conduct a Public Hearing and Consider the Following Action:
Introduce, Waive Full Reading, and Read by Title Only, An Ordinance of the City Council of the City of Rocklin to Amend Section 12.20.045(C) and Add Enforcement Provisions as Section 12.20.046 to the Rocklin Municipal Code Regarding the Prohibited Use of Motorized Vehicles in Recreation Areas.
City Council Special Meeting Agenda of November 19, 2024 4 PH2.
Annexation Into Community Facilities District No. 1 (West Stanford Ranch Public Storage, APN 017-086-013-000)
Recommendation:
Conduct a Public Hearing and Consider the Following Actions:
A
.
Adopt a Resolution of the City Council of the City of Rocklin of Annexation of Territory to Community Facilities District No. 1 (Annexation No. 90), Authorizing the Levy of a Special Tax, and Submitting Levy of Tax to Qualified Electors (West Stanford Ranch Public Storage, APN 017-086-013- 000).
B
.
Adopt a Resolution of the City Council of the City of Rocklin Declaring Results of Special Annexation Election, Determining Validity of Prior Proceedings, and Directing Recording of Amended Notice of Special Tax Lien Pertaining to Community Facilities District No. 1 (Annexation No. 90) (West Stanford Ranch Public Storage, APN 017-086-013-000).
ADJOURNMENT
City Council Special Meeting Agenda of November 19, 2024 5 City Council Special
Staff Report
Subject:
Minutes of the October 22, 2024 Regular Meeting of the City Council Date:
November 19, 2024
Submitted By:
Avinta Singh, City Clerk
Department:
City Clerk's Office
Recommendation:
Approve the Minutes of the October 22, 2024 Regular Meeting of the City Council.
Item Number C1.
ATTACHMENTS:
1. DRAFT City Council Meeting Minutes of October 22, 2024 6 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 1 | P a g e
ROCKLIN CITY COUNCIL
City Council Regular Meeting
City Hall - Council Chambers
3970 Rocklin Rd. Rocklin, CA 95677
Website: www.rocklin.ca.us
October 22, 2024
Closed Session 5:30 p.m.
General Session 6:00 p.m.
Notice of Teleconference Meeting Location:
Hyatt Regency Sonoma
170 Railroad St.
Santa Rosa, CA 95401
MEETING MINUTES
-DRAFT-
CALL TO ORDER
Vice Mayor Gayaldo called the meeting to order at 5:30 p.m.
ROLL CALL
Present: Councilmembers David Bass (via teleconference), Ken Broadway, Bill Halldin, and Vice Mayor Jill Gayaldo
Absent: Mayor Greg Janda
PUBLIC COMMENT ON CLOSED SESSION
There were none.
Members of the City Council left the Council Chambers and convened Closed Session at 5:32 p.m.
CLOSED SESSION
CS1. Pursuant to Government Code Section 54956.9(d)(1), Conference with Legal Counsel, Existing Litigation City of Rocklin v. Legacy Family Adventures and David Busch, El Dorado Superior Court Case No. PC2019039.
7 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 2 | P a g e
CS2. Pursuant to Government Code section 54957.6, Conference with Labor Negotiators, Agency Representatives: City Manager Aly Zimmermann, Director of Administrative Services Tameka Usher, and Deputy Director of Administrative Services Daniel Choe; Employee Organizations: Rocklin Firefighter's Union Local 3847, Rocklin Police Officers' Association, and Rocklin Public Safety Managers.
Members of the City Council returned to the Council Chambers at 6:10 p.m.
REPORT OUT OF CLOSED SESSION
There was no reportable action.
CALL GENERAL SESSION TO ORDER
Vice Mayor Gayaldo called General Session to order at 6:10 p.m.
PLEDGE OF ALLEGIANCE
Vice Mayor Gayaldo led the pledge of allegiance.
ROLL CALL
Present: Councilmembers David Bass (via teleconference), Ken Broadway, Bill Halldin, and Vice Mayor Jill Gayaldo
Absent: Mayor Greg Janda
AGENDA REVIEW
None.
CITIZENS ADDRESSING THE CITY COUNCIL
The following speakers addressed the City Council as volunteers of the United Sovereign Americans and presented a Resolution for a Valid 2024 Election for future consideration.
Mr. Brian Faircloth
Mr. Brian Brubaker
Mr. William Trathien
Ms. Laura Burns
Ms. Adrianne Uhl
The following speakers from the Clover Valley Foundation as well as residents of Whitney Oaks and Springfield Homeowners Associations addressed the City Council regarding the Westridge housing project.
8 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 3 | P a g e
Mr. Doug Brewer
Mr. Tony Rakocija
Mr. Michael McGrann
Ms. Allison Miller Kreiser
Mr. Marc Flacks
Mr. Michael Stark
Ms. Katie Coughlin
Ms. Margaret Lubinski
Ms. Diane Butler
Mr. Mike Dour
Ms. Nancy Sherman
REPORTS FROM CITY COUNCIL AND CITY MANAGER
Reports from the City Council will include any AB1234 Reports.
Councilmember Bass shared that he was participating remotely as he was away teaching at a conference.
Councilmember Halldin reported attendance at a meeting of the Western Placer Waste Management Authority sharing that the construction of the Materials Recovery Facility was underway.
Vice Mayor Gayaldo reported attendance at The Growth Factory Business Expo; attended the Placer County Law Enforcement Chaplaincy’s BBQ fundraiser; attended the Rocklin Police Activities League cornhole tournament; participated in a 2x2 meeting along with Mayor Janda and two Placer County Board Supervisors; attended the Sacramento Area Council of Governments Board of Directors meeting; attended the last concert at Quarry Park and expressed her appreciation to Parks and Recreation staff for organizing the concert series this year; attended the Mosquito Vector Control District board meeting; attended the groundbreaking for the new Nugget Market located in Whitney Ranch noting the project was estimated to be completed in a year; shared that progress was being made on the construction of the bike pump track located at Whitney Community Park, adding that the new parking area had been completed; and attended a plaque dedication in Quarry Park.
City Manager Zimmermann shared that City facilities will be closed on November 11, 2024 in observance of Veterans Day; the November 12, 2024 City Council Meeting will be canceled due to scheduling conflicts, and a Special City Council Meeting will be held on November 19, 2024.
CONSENT CALENDAR
All items listed under the Consent Calendar are considered and acted upon by one Motion.
Anyone may request an item be removed for separate consideration. 9 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 4 | P a g e
C1. Minutes of the October 3, 2024 Special Meeting of the City Council Action: Approved the Minutes of the October 3, 2024 Special Meeting of the City Council.
C2. Minutes of the October 8, 2024 Regular Meeting of the City Council Action: Approved the Minutes of the October 8, 2024 Regular Meeting of the City Council.
C3. Proclamation Declaring October 23-31, 2024 as Red Ribbon Week Action: Approved a Proclamation Declaring October 23-31, 2024 as Red Ribbon Week, and Designated the Mayor to Sign the Proclamation on Behalf of the City Council.
C4. Appointment to the Parks and Recreation Commission
Action: Adopted Resolution 2024-231 of the City Council of the City of Rocklin Making an Appointment to the Parks and Recreation Commission.
C5. City of Rocklin Readopting the City of Rocklin Conflict of Interest Code Update Action: Adopted Resolution 2024-232 of the City Council of the City of Rocklin Readopting the City of Rocklin Conflict of Interest Code and Amending the Titles of Designated Employees.
C6. Quarterly Treasurer's Report
Action: Received the Treasurer's Report for the Quarter Ending June 30, 2024.
C7. Designation of City's Agent for the Purpose of Obtaining State and Federal Disaster Financial Relief and Emergency Assistance
Action: Adopted Resolution 2024-233 of the City Council of the City of Rocklin Designating Applicant's Agent for the Purposes of Obtaining State and Federal Disaster Relief and Emergency Assistance.
C8. Information Technology Strategic Plan Contract
Action: Adopted Resolution 2024-234 of the City Council of the City of Rocklin Awarding and Approving A Professional Services Contract with SDI Presence LLC for the IT Strategic Plan
C9. Authorization Increase for IT Purchases through CooperativePurchase Agreements Action:
A. Adopted Resolution 2024-235 of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with CDW-G for Various IT Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
B. Adopted Resolution 2024-236 of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with Dell Marketing LP for Various IT Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
10 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 5 | P a g e
C10. City Attorney Employment Agreement - First Amendment Action: Adopted Resolution 2024-237 of the City Council of the City of Rocklin Approving the First Amendment to the Employment Agreement with the City Attorney and Authorizing the Mayor to Execute the Amendment.
C11. California Natural Resources Agency - Grant Agreement Action: Adopted Resolution 2024-238 of the City Council of the City of Rocklin Accepting State General Fund Grants Funds for the Sunset Whitney Connector Bridge and Authorizing the City Manager to Execute Required Documents.
C12. Community Development Department Quarterly Building Report Action: Received the Quarterly Building Report for the Quarter ending September 30, 2024.
C13. Park Drive Pavement Rehabilitation Project – Notice of Completion Action: Adopted Resolution 2024-239 of the City Council of the City of Rocklin Accepting the Public Work Known as the Park Drive Pavement Rehabilitation Project (Project No. 50005), Approving the Notice of Completion, and Authorizing and Directing the Senior Engineer to Execute Said Notice on Behalf of the City.
C14. Whitney Ranch Parkway Widening Project
Action: Adopted Resolution 2024-240 of the City Council of the City of Rocklin Waiving a Discrepancy in the Low Bid and Awarding a Construction Contract for the Whitney Ranch Parkway Widening Project to Carone and Company, Inc. and Authorizing the City Manager to Execute the Agreement.
C15. Target Solutions Learning, LLC Agreement
Action: Adopted Resolution 2024-241 of the City Council of the City of Rocklin Approving and Ratifying a Contract with Target Solutions Learning, LLC and Authorizing the City Manager to Sign Subsequent Amendments.
C16. Central Valley Information Sharing System Memorandum of Understanding and Cost Sharing Agreement
Action: Adopted Resolution 2024-242 of the City Council of the City of Rocklin Approving an Evergreen Memorandum of Understanding for Data Sharing with Central Valley Information Sharing System (CVISS) and Evergreen Cost Share Agreement and Authorizing the Police Chief to Execute the MOU and Cost Sharing Agreement and Subsequent Amendments.
C17. Pest Control Services Notice of CEQA Exemption and Contract Award Action:
A. Adopted Resolution 2024-243 of the City Council of the City of Rocklin Approving a Notice of Exemption (Pest Control Services for the City of Rocklin Facilities2024).
B. Adopted Resolution 2024-244 of the City Council of the City of Rocklin Awarding 11 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 6 | P a g e
the Contract for Pest Control Services for City of Rocklin Facilities 2024 to Advanced Integrated Pest Management, Inc. (Advanced IPM) and Authorizing the City Manager to Execute the Contract for Services.
C18. Atherton Sewer Truck Line Upgrade Project - Easement Acquisition Action: Adopted Resolution 2024-245 of the City Council of the City of Rocklin Authorizing the City Manager to Execute a Purchase and Sale Agreement and Necessary Related Documents for the Purchase of an Additional Sewer Easement at 695 Menlo Drive (APN 017-281-010 and APN 017-281-012) for the Northwest Rocklin Sewer Annexation Construction with GAP, INC.
PUBLIC COMMENT
There were none.
Motion to approve Consent Calendar Item Nos. C1 through C18 by Councilmember Broadway, noting the additional background information provided in the Blue Memo for Item C18; seconded by Councilmember Halldin. Passed by the following roll call vote:
Ayes: Councilmember Bass, Broadway, Halldin
Vice Mayor Gayaldo
Noes: None
Absent: Mayor Janda
Abstain: None
PRESENTATIONS
P1. Proclamation Declaring October 23-31, 2024 as Red RibbonWeek Vice Mayor Gayaldo read the proclamation and presented it to Rocklin Police Captain Luke Sincerny.
P2. Update on Current PCTPA Planning Efforts
Senior Transportation Planner Cory Peterson with the Placer County Transportation Planning Agency (PCTPA) provided an update on the Countywide Active Transportation Plan and Unmet Transit Needs (UTN) Process.
Councilmember Broadway asked about the distribution of the survey and how the determination was made on which residents would receive the email encouraging feedback. Mr. Peterson shared that the PCTPA maintains an email distribution list and has multiple ways of encouraging feedback including through their website, social In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters. 12 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 7 | P a g e
media and dissemination of emails, flyers handed out at community events, and also coordinating outreach with city organizations as well.
Mr. Peterson noted for Councilmember Broadway that there were many grants available for active transportation, noting the most common on the state level was the Active Transportation Program (ATP) which conglomerated federal and state funds, additionally there were federal and local transportation funds. He underscored that the purpose of ATP was to get projects grant ready and prioritized by feedback received from the community, adding that the PCTPA regularly coordinates with cities to facilitate the submission of grants.
Vice Mayor Gayaldo expressed that there were many great bike trails, however the connectors between the trails were a challenge. She emphasized that since Rocklin had two college campuses, there was an opportunity to get students out of cars and onto bikes once there is a clear path in place to the higher learning facilities. She spoke favorably of the work being done by the PCTPA, including the prioritized list of projects.
PUBLIC COMMENT
Mr. Brian Faircloth asked if the survey respondents were Placer County residents. Mr.
Peterson indicated that anyone can fill out the surveys, exemplifying responses have been received from individuals commuting to Placer County from neighboring areas including Sacramento County. He shared that per a recent regional transportation plan survey conducted which included zip code as a location identifier, over 90% of the responses received were from Placer County residents.
Mr. Benjamin Bjorkman shared that he does not feel endangered by vehicles when walking through the City; cautioned that if more pressure is placed on cars, the less amenable Rocklin will be to its citizens and businesses; felt that sufficient efforts were already being made to cater to hikers and bicyclists with additional infrastructure not necessary; and did not favor furthering connectivity with surrounding cities.
FUTURE AGENDA ITEMS
There were none.
PUBLIC COMMENT ON CLOSED SESSION
There were none.
Members of the City Council left the Council Chambers and reconvened Closed Session for Item No. CS2 at 7:13 p.m.
13 DRAFT Meeting Minutes of October 22, 2024 Rocklin City Council 8 | P a g e
CLOSED SESSION
CS2. Pursuant to Government Code section 54957.6, Conference with Labor Negotiators, Agency Representatives: City Manager Aly Zimmermann, Director of Administrative Services Tameka Usher, and Deputy Director of Administrative Services Daniel Choe; Employee Organizations: Rocklin Firefighter's Union Local 3847, Rocklin Police Officers' Association, and Rocklin Public Safety Managers.
Members of the City Council returned to the Council Chambers at 8:10 p.m.
REPORT OUT OF CLOSED SESSION
There was no reportable action.
ADJOURNMENT
Vice Mayor Gayaldo adjourned the meeting at 8:10 p.m. in memory of Ms. Margaret Johnson.
This is to certify that the foregoing is a true and
correct copy of the minutes of October 22, 2024 as
approved by the Rocklin City Council.
Avinta Singh, City Clerk
14 City Council Special
Staff Report
Subject:
California State Office of Traffic Safety - Selective Traffic Enforcement Grant Program
Date:
November 19, 2024
Submitted By:
Andrew Barrington, Officer
Chad Morris, Captain
Rustin Banks, Chief
Department:
Police
Recommendation:
Adopt a Resolution of the City Council Of The City of Rocklin Ratifying the Submission of Office of Traffic Safety (OTS) Grant Application For Selective Traffic Enforcement Program (STEP) and Accepting an Award in the Amount of $75,000 and Authorize the City Manager to Sign the Grant Agreement and Necessary Grant Documentation.
Background:
The State of California Office of Traffic Safety (OTS), through grant funding made available to California by the National Highway Traffic Safety Administration (NHTSA), annually funds over $100 million in innovative, evidence-based education and enforcement programs and technologies designed to make California’s roadways safer. OTS works with approximately 300 state and local agencies to make the most effective use of federal grant program funds.
The OTS mission is to effectively administer traffic safety grants that deliver innovative programs and eliminate traffic fatalities and injuries on California roadways.
On January 26, 2024, the Rocklin Police Department submitted a Grant Application to OTS for the Selective Traffic Enforcement Program (STEP) for grant Number PT25114 for the period of October 1, 2024 to September 30, 2025. The application was submitted in compliance with the guidance provided in the California Office of Traffic Safety Grant Program Manual.
The application highlighted specific traffic accident primary collision factors and other influences that lead to fatal and/or injury collisions in Rocklin, such as unsafe speed, failure to stop at red lights, and unsafe turning movements. In addition, it documented the significant problems related to distracted drivers/driving. In 2023, Rocklin Police Officers issued 615 cell phone citations, up from 460 in 2022.
To address these primary collision factors and other influences, Rocklin’s grant performance measures will include directed speed enforcement operations near collision sites, targeted Item Number C2.
15 enforcement operations at intersections where collisions were reported, and the performance of scheduled enforcement operations near areas reporting unsafe turning maneuvers. The Police Department would conduct highly visible and publicized directed enforcement operations to aggressively enforce cell phone laws.
This grant funding allows the Rocklin Police Department to conduct various valuable operations and training.
On July 8, 2024 the authorizing officer of the Office of Traffic Safety accepted the City’s submittal and tentatively approved an award in the amount of $75,000. On or about September 23, 2024 the Office of Traffic Safety approved the grant for the full amount of $75,000.
The Grant Agreement being presented today is the final document, pending the California Office of Traffic Safety’s own funding award from the Federal Government. The California Office of Traffic Safety awards funding for California law enforcement agency award recipients from a yearly funding that they receive from the Federal Government.
Fiscal Impact:
There is no additional fiscal impact associated with the staff recommendation. This grant funding does not require a City match. The staff recommendation includes the necessary budgetary authority to implement and administer the grant in the Traffic Safety/Police Grants Fund (244).
ATTACHMENTS:
1. Resolution
2. Grant Agreement - PT25114 Rocklin Police Department
16 Resolution No. 2024- November 19, 2024 Page 1 of 3
1 RESOLUTION NO. 2024-
ADOPT A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
RATIFYING THE SUBMISSION OF OFFICE OF TRAFFIC SAFETY (OTS)
GRANT APPLICATION FOR SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) AND ACCEPTING AN AWARD IN THE AMOUNT OF
$75,000 AND AUTHORIZE THE CITY MANAGER TO SIGN THE GRANT
AGREEMENT AND NECESSARY GRANT DOCUMENTATION
WHEREAS, the State of California Office of Traffic Safety (OTS), through grant funding made available to California by the National Highway Traffic Safety Administration (NHTSA), annually funds over $100 million dollars in innovative, evidence-based education and enforcement programs and technologies designed to make California’s roadways safer; and
WHEREAS, OTS works with approximately 300 state and local agencies to make the most effective use of federal grant program funds; and WHEREAS, on January 26, 2024 Rocklin Police Department submitted a Grant Application to OTS for the Selective Traffic Enforcement Program (STEP) for grant Number PT25114 for the period of October 1, 2024 to September 30, 2025 in compliance with the guidance provided in the California Office of Traffic Safety Grant Program Manual; and
WHEREAS, on July 8, 2024 the authorizing officer of the Office of Traffic Safety accepted the City’s submittal and tentatively approved a grant award of $75,000, which was later approved on or about September 23, 2024 by the Office of Traffic Safety.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin hereby ratifies the submission of Office of Traffic Safety (OTS) Grant Application for Selective Traffic Enforcement Program (STEP) for Grant Number PT25114 and accepts the Grant award in the amount of $75,000 with the specific terms of the Grant Agreement for the period of October 1, 2024 through September 30, 2025.
Section 2. The City Council of the City of Rocklin hereby authorizes the City Manager to sign the Grant Agreement and sign subsequent amendments consistent with the Application’s subject matter and scope of work and subject to City Attorney approval as to form.
17 Resolution No. 2024- November 19, 2024 Page 2 of 3
1 Section 3. The City Council of the City of Rocklin hereby authorizes the City Manager or designee to execute and submit any and all necessary documentation and take any necessary financial actions, including budgeting and accounting, to implement and administer the Grant in accordance with Grant requirements and City policies.
PASSED AND ADOPTED this 19th day of November, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
Greg Janda, Mayor
ATTEST:
Avinta Singh, City Clerk
18 Resolution No. 2024- November 19, 2024 Page 3 of 3
1 19
9/23/2024 7:58:23 AM Page 1 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT25114
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Rocklin From:
To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
Rocklin 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: $75,000.00
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:
Rustin Banks
Chief of Police
(916) 625-5400
4080 Rocklin Road
Rocklin, CA 95677
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Aly Zimmerman
City Manager
916-625-5585
3970 Rocklin Road
Rocklin, CA 95677
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Daniel Choe
Deputy Director of Administrative Services
(916) 625-5024
3970 Rocklin Road
Rocklin, CA 95677
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
20 9/23/2024 7:58:23 AM Page 2 of 17
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 $7,105.00 164AL-25.1 20.608 0521-0890-101 2023 12/23 BA/23 $9,042.00 402PT-25 20.600 0521-0890-101 2024 22/24 BA/24 $25,895.00 164AL-25 20.608 0521-0890-101 2024 22/24 BA/24 $32,958.00
AGREEMENT
TOTAL $75,000.00
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.
$75,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $75,000.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
F9JTDAHKSBX5
3970 Rocklin Road
ROCKLIN
95677-2720
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
21 9/23/2024 7:58:23 AM Page 3 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT25114
1. PROBLEM STATEMENT
The City of Rocklin is a rapidly growing, primarily residential community of approximately 75,000 people. It is bordered to the north by Loomis and Lincoln and to the south and west by Roseville. There are two major freeways, Interstate 80 and Highway 65, which run through the city with numerous exits into Rocklin. There are 21 highly ranked public schools, with the newest just opening in August of 2022. These generate heavy morning and afternoon pedestrian and vehicular traffic. The schools accept students from neighboring cities, which further increases the traffic volume during those times. Sierra Community College, which hosts approximately 20,000 students per year at their Rocklin Campus, generates significant weekday traffic.
There are several major commercial stores on the northeast end of the city, in close proximity to I-80, including a Bass Pro Shop, Walmart Superstore, Target, and a number of high end auto dealers, which draws a significant amount of traffic to the area during both weekdays and weekends. A nearby casino just outside of the city limits is a major area tourist attraction off of Highway 65 bringing vehicular traffic from all over the state into the northwest side of Rocklin.
The Rocklin Police Department’s Traffic Unit once consisted of three officers and a sergeant. During the economic recession of the late 2000s, the Traffic Unit was reduced to just two officers. In 2021, the Department began rebuilding the traffic unit with a new sergeant and traffic officer. Staffing shortages have kept the unit from expanding though a second traffic officer has been selected and will join the unit once staffing has returned to acceptable minimums.
Unsafe speed has been the most common primary crash factor in six of the last seven years, accounting for 20% of all injury crashes in 2023. Furthermore, speed was found to be a contributing factor in two fatal crashes that occurred in October of 2022. And since as speed increases, so does the probability of injury and death when a vehicle is involved in a crash, speeding remains a primary concern for our department.
Failure to stop for red lights has consistently been amongst the top three primary crash factors, representing a close second most common PCF in 2023 with 19% of all injury crashes. Many of these red light crashes occurred in the previously mentioned commercial areas near Target, Walmart, Bass Pro, etc. As Rocklin has continued to grow, both in population, and with major commercial establishments, we have seen more traffic from outside of Rocklin traveling to our city.
Our local data showed that unsafe turning movements accounted for the third most common primary crash factor representing 14% of all injury crashes.
Another significant problem within the city is the presence of distracted drivers. It is much more difficult to quantify through crash statistics because none of the cell phone laws can be used as a primary crash factor. Furthermore, cell phone use is much more difficult to prove at the scene of a crash, like unsafe speed can be proven through skids, or red light violations through traffic cameras, and because drivers in crashes are unlikely to admit they were using a cell phone to investigating officers. However, Rocklin PD officers have aggressively enforced cell phone violations over the past several years. In 2023 RPD officers issued 615 cell phone citations, up from 460 cell phone citations in 2022.
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. 22 9/23/2024 7:58:23 AM Page 4 of 17
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.
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. 3 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). 8
8. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
14 9. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
9 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. 2 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. 1 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 23
9/23/2024 7:58:23 AM Page 5 of 17
13. Participate in highly visible collaborative DUI Enforcement operations. 3
14. Participate in highly visible collaborative Traffic Enforcement operations. 2
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) 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 24 9/23/2024 7:58:23 AM Page 6 of 17
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 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 25 9/23/2024 7:58:23 AM Page 7 of 17
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.
26 9/23/2024 7:58:23 AM Page 8 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT25114
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
402PT-25 20.600 State and Community Highway
Safety
$33,000.00
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$42,000.00
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 $10,500.00 2 $21,000.00
DUI Saturation Patrols 164AL-25 $1,500.00 8 $12,000.00
Collaborative DUI Enforcement 164AL-25 $1,500.00 3 $4,500.00 Traffic Enforcement 402PT-25 $744.00 14 $10,416.00
Distracted Driving 402PT-25 $744.00 9 $6,696.00
Motorcycle Safety 402PT-25 $744.00 2 $1,488.00
Pedestrian and Bicycle Enforcement 402PT-25 $744.00 1 $744.00 Collaborative Traffic Enforcement 402PT-25 $744.00 2 $1,488.00 Traffic Safety Educational Presentations 402PT-25 $186.00 2 $372.00 Category Sub-Total $58,704.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $3,196.00 1 $3,196.00
$0.00
Category Sub-Total $3,196.00
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 $4,500.00 1 $4,500.00
Radar Device 402PT-25 $2,400.00 2 $4,800.00
Mobile Printer 402PT-25 $950.00 4 $3,800.00
Category Sub-Total $13,100.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $75,000.00
27 9/23/2024 7:58:23 AM Page 9 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT25114
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.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
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
Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.
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).
Radar Device - Light detection and ranging device used to measure the speed of motor vehicles. This device will be used for speed enforcement. Costs may include lidar devices, batteries, tax, and shipping.
Mobile Printer - Mobile printers to be used with electronic citation devices for traffic officers to print the citation in the field. Costs include the purchase of the printer, accessories, and associated shipping and taxes.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
28 9/23/2024 7:58:23 AM Page 10 of 17
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.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).
29 9/23/2024 7:58:23 AM Page 11 of 17
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT25114
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 ar e 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).
30 9/23/2024 7:58:23 AM Page 12 of 17
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regula tions,” respectively.
GENERAL ASSURANCES
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 t o 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 Assurances 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 fun ding 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 interest, 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. 31 9/23/2024 7:58:23 AM Page 13 of 17
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 compliance reviews, and/or complaint investigation s conducted by NHTSA. You must keep records, reports, and submit the material for review 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, contracts, 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 below 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; 32 9/23/2024 7:58:23 AM Page 14 of 17
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.
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 activities 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 adoption 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 lower 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 part icipant 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 33 9/23/2024 7:58:23 AM Page 15 of 17
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
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 was 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, person, 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 34 9/23/2024 7:58:23 AM Page 16 of 17
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 presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
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 manufactured 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 quality, or that inclusion of domestic materials will in crease 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 justification for approval by the Secretar y 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, accept, 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 suc h 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 interest 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.
35 9/23/2024 7:58:23 AM Page 17 of 17
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any 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.
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 Messaging 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.
36 City Council Special
Staff Report
Subject:
Citywide Circulation Element Update - Contract Amendment Date:
November 19, 2024
Submitted By:
Anna Leanza, Principal Planner
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Authorizing the City Manager to Execute the Third Amendment to the Professional Services Agreement with Fehr & Peers.
Background:
On March 8, 2016, the City entered into a Professional Services Agreement with Fehr & Peers (Resolution No. 2016-52) to complete a variety of tasks related to the update of the City’s Circulation Element. The not-to-exceed amount of the original contract was $242,000.
A number of project tasks had been completed, however, some changes in regional land use and infrastructure assumptions that arose in 2018 resulted in the need to complete additional rounds of analysis and increased the number of project related meetings. As a result, the first amendment to the contract to increase the contract amount by $22,000 (not to exceed total of $264,000) was approved on February 13, 2018 (Resolution No. 2018-24).
In late 2018 through 2019, the City then undertook an intensive effort to identify land use and zoning changes that would be needed to address the Regional Housing Needs Allocation (RHNA) that would be assigned to the City for the 6th Cycle Housing Element Update.
The RHNA land use and zoning changes required the consultant to complete further updates to the 2040 Traffic Model and revisit the analysis for both Level of Service (LOS) outcomes and Vehicle Miles Traveled (VMT). Additionally, staff recommended that the scope and budget be slightly increased to accommodate consultant attendance at additional meetings with staff and decision makers. As a result, the second amendment to the contract to increase the contract amount by $44,000 (not to exceed total of $308,000) was approved on November 10, 2020 (Resolution No. 2020-211).
Since the execution of the second amendment, this project has largely sat dormant. At that time the City Council was selecting Regional Housing Needs Allocation (RHNA) sites, and staff wanted that effort to be complete so the traffic model incorporated the land use/zoning Item Number C3.
37 changes from RHNA to make sure we were having an accurate traffic modeling effort. Once the City Council approved the Housing Element and the RHNA sites in 2021, staff worked with Fehr & Peers to document and reflect those land use/zoning changes and verified potential trip generation calculations in the traffic model’s Traffic Analysis Zones (TAZs), which are small subareas of the City that reflect the land uses and zoning of those areas and the potential generation of automobile trips based on those land uses and zoning). Most recently, in September 2024, after schools came back into session, traffic counts were collected at different locations throughout the City because the original effort had traffic counts from 2016, and those needed to be updated because of their age and the need to reflect the post-COVID work environment.
Due to the passage of time, to resume the effort it is now necessary to update traffic counts, the base year traffic model, and the estimated costs of the projects within the traffic impact fee program. In addition, it is now necessary to comply with the requirements of Senate Bill 743, which for purposes of environmental review, changed the metric of assessing traffic levels from level of service to vehicle miles traveled. As such, staff desires to amend the contract to include the cost of the additional efforts in the amount of $157,000, for a total amended contract amount of $465,000.
Fiscal Impact:
There is no additional fiscal impact to the General Fund from the staff recommendation.
Sufficient funds are budgeted and available in the Fiscal Year 2024/25 Operating Budget.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - Fehr & Peers Contract Amendment No. 3
3. Fehr & Peers Original Circulation Element Contract with Amendments 1 and 2 38 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE THIRD AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
WITH FEHR & PEERS
WHEREAS, on March 8, 2016, the City and Fehr & Peers entered into a Professional Services Agreement for seven tasks, including Citywide Circulation Element Development, and the CIP/Traffic Impact Fee Program Update in an amount not to exceed $242,000; and WHEREAS, on February 13, 2018, the City and Fehr & Peers entered into a first amendment to the Professional Services Agreement to add more services to the scope of work and increase the contract amount by $22,000, for a not-to-exceed amount of $264,000; and
WHEREAS, on November 10, 2020, the City and Fehr & Peers entered into a second amendment to the Professional Services Agreement to add more services to the scope of work and increase the contract amount by $44,000, for a not-to-exceed amount of $308,000; and
WHEREAS, Fehr & Peers has identified the need for additional services to complete the Citywide Circulation Element Development task; and
WHEREAS, the City desires to amend the Professional Services Agreement with Fehr & Peers to provide the additional services in the amount of $157,000, increasing the total not-to-exceed amount to $465,000.
NOW THEREFORE, BE IT RESOLVED BY the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin hereby approves and authorizes the City Manager to execute a third amendment to the Professional Services Agreement with Fehr & Peers for additional services to complete the Citywide Circulation Element Development task, in substantially the same form as attached hereto as Exhibit “A”.
PASSED AND ADOPTED this 19th day of November, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
39 _________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
40 AMENDMENT NO. 3
TO A PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF ROCKLIN AND FEHR & PEERS
This Amendment is entered into on ____________________, by and between the City of Rocklin, a municipal corporation (“City”) and Fehr & Peers (“Contractor”) who agree as follows:
RECITALS
WHEREAS, the City and Contractor entered into a Professional Services Agreement dated March 8, 2016, in an amount not to exceed $242,000, approved by the City Council of the City of Rocklin by Resolution No. 2016-52; and WHEREAS, on February 13, 2018, the City entered into the first amendment to the Professional Services Agreement with Fehr & Peers to modify the scope of work and increase the contract amount by $22,000, for a total not to exceed amount of $264,000, approved by the City Council of the City of Rocklin by Resolution No. 2018-24; and WHEREAS, on November 10, 2020, the City entered into the second amendment to the Professional Services Agreement with Fehr & Peers to modify the scope of work and increase the contract amount by $44,000, for a total not to exceed amount of $308,000, approved by the City Council of the City of Rocklin by Resolution No. 2020- 211; and
WHEREAS, the work contemplated in the Professional Services Agreement with Fehr & Peers is on-going and an amendment of the Professional Services Agreement as first amended on February 13, 2018, and as second amended on November 10, 2020, (hereafter “Agreement”) is necessary to adjust the scope of work and the total contract amount by $157,000, for a not to exceed amount of $465,000.
AGREEMENT
NOW, therefore, the City and Contractor hereby agree to amend the Agreement as follows:
1. Changes to Time for Performance Provisions:
a. Section 6 of the Agreement entitled “Time for Performance” is amended to read as follows:
“6. Time for Performance. Time is of the essence, and, subject to City’s compliance with Exhibit C and to the provisions of paragraph 3 of Exhibit D, failure of Consultant to perform any services within the time limits set forth in Exhibit A shall constitute material breach of this contract. Notwithstanding the foregoing, Consultant shall complete all services required by this Agreement by June 30, 2027.”
41 b. Section 3 of Exhibit D to the Agreement entitled “Time” is amended to read as follows:
“3. Time. Consultant shall complete all services required by this Agreement by June 30, 2027. Consultant shall devote such time to the performance of the services pursuant to this Agreement as may be reasonably necessary for the satisfactory performance of Consultant’s obligations pursuant to this Agreement.
Neither party shall be considered in default of this Agreement to the extent performance is prevented or delayed by any cause, present or future, which is beyond the reasonable control of the party.”
2. Changes to the Scope of Work:
Exhibit A entitled “Scope of Work” is amended to include the additional services set forth in Exhibit A-1, attached hereto and incorporated herein by this reference.
3. Changes to the Payment for Services:
a. Exhibit B entitled “Payment for Services Rendered” is amended as follows:
The sentence “This contract amendment will result in a total not-to-exceed amount of $308,000” shall be amended to read as follows:
“This contract amendment will result in a total not-to-exceed amount of $465,000.”
b. Exhibit B entitled “Payment for Services Rendered” shall also be amended to add the “Fee Estimate Calculation” attached hereto as Exhibit B-1 and incorporated herein by this reference.
4. Changes to the Standard Terms and Conditions:
c. Exhibit D Section 4 entitled “Insurance”, subsection 1 entitled “General Liability” is amended to read as follows:
“Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.” d. Exhibit D Section 4 entitled “Insurance”, subsection 4 entitled “Error and Omissions” is amended to read as follows:
“Professional Liability (Errors and Omissions): Insurance appropriate to the Contractor’s profession, with limit no less than $2,000,000 per 42 occurrence or claim, $2,000,000 aggregate. Professional liability coverage shall extend for at least five years after completion of the Contractor’s services under this Agreement.”
e. Exhibit D Section 17 entitled “Counterparts” is amended to read as follows:
“17. Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which when so executed shall be deemed to be an original and all of which when taken together shall constitute one and the same instrument. The words “execution,” “signed,” “signature,” and words of like import in this Agreement or in any other certificate, agreement or document related to this Agreement, shall include digital electronic signatures (DocuSign). The use of digital electronic signatures and electronic records (including, without limitation, any contract or other record created, generated, sent, communicated, received, or stored by electronic means) shall be of the same legal effect, validity and enforceability as a manually executed signature or use of a paper-based record-keeping system to the fullest extent permitted by applicable law.” f. Exhibit D Section 16 entitled “Attorney’s Fees” is amended to read as follows:
“16. Attorney’s Fees. In any action brought by either party to enforce the terms of this Contract, each party shall bear responsibility for its attorney’s fees and all costs regardless of whether one party is determined to be the prevailing party.” Except as set forth in this Amendment, the Agreement is unaffected and shall continue in full force and effect in accordance with its terms. If there is a conflict between this Amendment and the Agreement, the terms of this Amendment will prevail.
Executed as of the date first written above.
CONTRACTOR CITY OF ROCKLIN
By: ____________________________ By: _____________________________ Ronald T. Milam, Vice President Aly Zimmermann, City Manager APPROVED AS TO FORM:
By: _____________________________
Crystal Hodgson
Assistant City Attorney
43 ATTEST:
By: _____________________________
Avinta Singh, City Clerk
44 EXHIBIT A-1
ADDITIONS TO SCOPE OF SERVICES
FEHR & PEERS CIRCULATION ELEMENT UPDATE
TASK 1 TRAFFIC DATA COLLECTION
Contractor will collect new weekday AM and PM peak period and average daily traffic counts at all locations originally counted in 2016 plus several new locations as described below. The counts will be performed while schools are in session. The traffic counts along Sierra College Boulevard at I-80 will be conducted after the Loomis Costco Store opens in April 2024.
Intersection Counts
Contractor will collect weekday AM peak period (7-9 AM) and PM peak period (3 – 6 PM) counts (including bicyclists and pedestrians) at the 34 intersections within the City Limits shown in Image 1 (i.e., original count locations). An additional 9 intersections within the city limits will be added based on characteristics specific to them (i.e., known operational issues, overall importance, proximity to congested intersections, close to unacceptable operations, etc.). Note that intersections outside the city limits will not be studied as such analyses are no longer required as part of environmental reviews. Note that four interchanges on SR 65 and I-80 are being studied as freeway off-ramp queuing at them is considered a potential environmental (safety) issue. In total, new counts will be performed at 43 intersections.
Roadway Counts
Contractor will conduct new 48-hour mid-week hose tube counts at the 25 locations counted originally in April 2016. See Image 2 for those locations. Red lines shown in Image 2 represent locations where additional hose tube counts will be performed.
These locations (grouped by count rationale for collecting the count) are listed below:
New Count Locations at Gateway Streets to City of Rocklin Sierra College Boulevard north of Granite Drive
Sierra College Boulevard at south City limits
Blue Oaks Boulevard east of Lonetree Boulevard
Rocklin Road east of Sierra College Boulevard
45 Image 1: Intersection count locations
New Count Locations in Developing Areas
Whitney Ranch Parkway east of SR 65
Whitney Ranch Parkway east of Wildcat Boulevard
Whitney Ranch Parkway east of West Oaks Boulevard
New Count Locations at Other Critical Roadway Segments
Granite Drive west of Sierra College Boulevard
Pacific Street in Downtown Rocklin (i.e., east of Rocklin Road) Park Drive north of Crest Drive
Wildcat Boulevard north of West Stanford Ranch Road
University Avenue north of Sunset Boulevard
Whitney Boulevard south of Crest Drive
46 Image 2: Roadway count locations
The additional gateway locations are being counted so that all entry/exit points to the City are collected. This will allow for improved model calibration as described in Task
3. New counts are also required in areas such as Whitney Ranch that have seen substantial development since 2016 and newly constructed roadways. The other critical segments shown above are needed for specific purposes related to that particular segment.
47 TASK 2 EXISTING CONDITIONS
Contractor will analyze the 43 study intersections for weekday AM and PM peak hour conditions using the same analysis techniques as previously. This consisted of applying Highway Capacity Manual methods using a combination of microsimulation (i.e., SimTraffic) models and deterministic models (i.e., Synchro) based on the level of traffic, location, coordinated signal operations, etc. Per City staff direction, a 1.0 peak hour factor (PHF) will be used to report operations at intersections on an hourly basis.
Contractor will obtain updated signal timings from City of Rocklin staff (or Caltrans) at each signalized study location.
Contractor will report the average delay and Level of Service (LOS) at all study intersections. At study freeway off-ramps, the maximum queue estimated from SimTraffic will be reported.
Deliverables:
Updated ADT exhibit
Updated Peak Hour Volume exhibit
Updated Intersection LOS table
TASK 3 UPDATE BASE YEAR TRAFFIC MODEL
Model development guidelines are listed in the2017 California Regional Transportation Plan (RTP) Guidelines for Metropolitan Planning Organizations , CTC, 2017. These guidelines establish new benchmarks for CEQA legal adequacy for travel forecasting validation that apply to model updates. These benchmarks include basic validation requirements to ensure that the forecasting model is sensitive and accurate for model applications. The approach described below reflects these guidelines.
Contractor will update the City of Rocklin base year travel demand model to represent Year 2024 conditions. Contractor will begin by using the 2016 base year model land use dataset and then update it to represent current developed land uses and constructed roadways. Contractor will work with City staff to identify land developments that have been built between 2016 and 2024. Since buildout land use totals are known for all traffic analysis zones (TAZ) in the city, it will be possible in some instances to replace what was in place in 2016 with the buildout totals. But in other instances, it will be necessary to review aerial imagery and conduct site visits to confirm the level 48 of development, occupied units, etc. The residential land use totals will be compared against the latest American Community Survey (ACS) estimates for the City for overall accuracy.
It was agreed during the March 5 th meeting between the Contractor and the City of Rocklin that the model would not be overhauled to fully capture the effects of how COVID-19 changed travel behavior, as that would be very time- consuming and expensive. However, the following step is proposed because it is both cost effective and will likely have a meaningful benefit to model calibration:
Place 24-hour hose counts on the following public streets to measure the trip generation rates of the single-family units served by each street:
o Rawhide Road and Clover Valley Road (off Midas Avenue) – older, very low density.
o Cassia Way off Blue Oaks Boulevard – somewhat newer, low density. o Independence Plaza (off Americana Way/Pacific Street) – low density on the east side of the city.
o Dusty Stone West and East Loop – recently constructed medium low density in Northwest Rocklin
The Preserve at Creekside and Pearl Creek Apartments are situated immediately south of the Rocklin City Limits within Roseville. Given their proximity to Rocklin and ability to be counted using a single hose, they make an excellent, low-cost multi-family data collection opportunity (no such similar project was found in Rocklin).
If the observed trip generation rates are found to be considerably different than the rates currently used in the model, Contractor will coordinate with City staff regarding potential changes to the model’s trip rates to reflect observed conditions.
The travel demand model covers the majority of Placer and Sacramento Counties including the cities of Rocklin, Roseville, Lincoln, and Town of Loomis. Since land uses and roadways in these cities can affect travel within the City of Rocklin, it is important that the base year model also generally reflects the level of development in place in 2024 in those cities. Contractor updated the City of Roseville base year model in 2021.
Contractor will compare that base year model’s land uses in areas of Roseville near the Rocklin border against totals for the new 2024 base year model under development and make appropriate roadway and land use changes. Within Lincoln, Contractor will focus on the areas in Twelve Bridges given that area generates trips that use Wildcat Boulevard. Development activity in Loomis has generally been modest, but Contractor will add the new Costco store on Sierra College Boulevard to the base year model. 49 The base year model will be calibrated for average daily, AM peak hour, and PM peak hour conditions that meets or exceeds the suggested validation targets published in the 2017 RTP Guidelines. The validation compares the model’s estimate of link-level daily and peak hour traffic against the observed existing volumes. A series of dynamic validation tests will also be performed to evaluate the model’s response to changes in roadway capacity and land use inputs.
Given the importance of predicting Vehicle Miles Traveled (VMT) accurately, the base year model will also be subject to calibration and validation to the following:
Citywide VMT (travel by all users regardless of trip origin or destination) on all city streets will be calculated and then compared against Caltrans’ Highway Pavement Management System (HPMS) estimates for the city. The average VMT per single-family unit and multi-family unit will be estimated. By applying 2020 US Census data regarding household size, the model’s estimate of average VMT per resident will be calculated. This will then be compared against big data obtained for 2022 conditions from Streetlight Data, Inc. for the City of Rocklin. An example dataset (for 2019) can be found at: SLD VMT Final (arcgis.com).
Deliverable:
Updated Model Development Report
TASK 4 FUTURE YEAR TRAVEL DEMAND MODEL AND ANALYSIS
Contractor will develop a future year travel demand model corresponding to 2044 conditions. This future year model will incorporate the base year model elements (i.e., model script, trip rates, roadway network, friction factor curves, etc.) and add planned roadway improvements within the City of Rocklin and in nearby jurisdictions (including on freeways). As part of the previous work, a 2040 land use database (including RHNA- related land use allocations) was provided by City of Rocklin staff. That land use database will be utilized for the 2044 model.
As part of this task, 3 model runs will be performed to test how variations of the roadway network within the City of Rocklin affect average daily traffic levels on City streets. Once a preferred network is selected, Contractor will develop the following traffic forecasts:
AM and PM peak hour forecasts at 43 study intersections and up to 5 new intersections.
Average daily forecasts at the 38 existing roadway segments and forecasts at up to 5 new roadway segments.
50 Contractor will analyze all study intersections using the same techniques as described in Task 2. Outputs will include average delay, and LOS, and maximum queues for freeway off-ramps.
Deliverables:
Future Year with Preferred Roadway Network ADT exhibit Future Year with Preferred Roadway Network Peak Hour Volume exhibit Future Year with Preferred Roadway Network Intersection LOS table TASK 5 SB 743 IMPLEMENTATION PLAN
Contractor previously developed a set of base year and future year city-wide average VMT values for various land use types within the City. This was performed in 2020 as part of a draft SB 743 Implementation Plan. Those calculations will be updated based on the new base year and future year models. Results will include the following for the base and future year models:
Average VMT per single-family dwelling unit.
Average VMT per multi-family dwelling unit.
Average VMT per ksf of retail.
Average VMT per ksf of office.
Average VMT per ksf of medical-office.
Contractor will work with City staff to develop VMT thresholds and screening criteria.
To do this, Contractor will consult the Technical Advisory on Evaluating Transportation Impacts in CEQA (OPR, 2018), which provides guidance for agencies regarding screening of projects presumed to have a less than significant VMT impact and threshold setting for projects to be defined as being in low-VMT generating areas.
Contractor will also describe how significant VMT impacts can be lessened through implementation of Transportation Demand Management (TDM) strategies. Those strategies are contained in the Handbook for Analyzing Greenhouse Gas Emission Reductions, Assessing Climate Vulnerabilities, and Advancing Health and Equity (California Air Pollution Control Officer Association (CAPCOA), 2021). In addition to listing a variety of TDM strategies, the CAPCOA GHG Reduction Handbook presents the maximum effectiveness that a given strategy or set of strategies can have.
However, that effectiveness can vary considerably depending on geographic context (urban, suburban, versus rural), tenant type, and availability of non-auto modes). 51 Deliverables:
SB 743 Implementation Plan
Screening maps (by land use type) under base year and future year conditions showing TAZs that are in low-VMT generating areas.
TASK 6 ROADWAY FEE PROGRAM UPDATE
Contractor previously developed draft roadway fee program calculations for the total number of dwelling unit equivalents (DUEs) in the City. Those calculations will be updated based on the land use growth between the 2024 and 2044 versions of the model. The list of projects to be included in the Capital Improvement Program (CIP) will be updated based on input provided by City staff. Mark Thomas (subcontractor to Contractor) will develop cost estimates for those improvements. Using these inputs, the roadway fee (on a per unit or thousand square foot basis) will be calculated for residential and non-residential uses.
The roadway fee calculations will incorporate AB 602, which requires fee programs to consider residential building size when assessing impact fees. To do this, information from the US Census, American Housing Survey, and NCHRP 716 will be utilized. City staff may also need to provide information, if available, pertaining to the range of single- family dwelling unit sizes in the City.
Deliverables:
Fee Calculation and Cost Estimates spreadsheets
Roadway Impact Fee Program Nexus Study
TASK 7 MEETINGS
Contractor’s most recent contract amendment (dated September 27, 2021) indicates that they had budgeted to attend up to four additional meetings. Contractor believes that as many as 8 additional meetings may be required. Therefore, this task covers time for four additional meetings.
TASK 8 SUMMARY OF STILL OUTSTANDING TASKS FROM ORIGINAL
CONTRACT
This task lists the remaining tasks from Contractor’s existing contract which are not yet complete. Note that under Task D, item #1 is no longer relevant and was removed.
Under Task E, the scope of the transportation impact analysis for the EIR has changed drastically due to the implementation of SB 743. The original scope language has therefore been excluded. and a revised approach that adheres to the updated CEQA Guidelines pertaining to VMT and LOS will be followed.
52 TASK C.2 POLICY Development
Contractor will work with City staff to refine existing policies and goals , and to evaluate potential new goals, policies and programs to reflect recent General Plan Amendments, new and emerging City priorities, changing conditions, new State mandates and guidelines, and recent local and regional planning initiatives. Contractor will participate in focused meetings with City staff to develop new General Plan policies and implementation programs, create a more streamlined development review process (including analysis guidance in SB 743), and provide for more efficient and effective General Plan implementation.
Based on the results of the policy discussion and traffic forecasting/operations process, a final set of land use assumptions and planned roadway network will be selected, which will serve as the Circulation Element Diagram.
Deliverable: Contractor will prepare a draft and Final Circulation Element document for review by the City.
TASK D Other Circulation Considerations
Contractor has budgeted to assist the City of Rocklin on the following tasks requested by the City:
1) Signal Coordination – Contractor will use SimTraffic to model the benefits of signal coordination on overall corridor operations. Contractor’s previous studies in other Sacramento region cities have shown that signal coordination can result in reduced travel time, greater average speeds, less fuel use, fewer stops, and smoother traffic flow. Contractor will model the benefits of signal coordination on up to four (4) arterial streets within the City of Rocklin that would likely benefit from a signal coordination plan.
2) Expanded Transit and Trail System – Contractor will use published research such as the 2010 CAPCOA report entitled “Quantifying Greenhouse Gas Mitigation Measures” to qualitatively discuss the benefits of providing increased transit service and trails within the City of Rocklin. These reports provide ranges of vehicle trip and VMT reductions associated with these types of implementations. Other anecdotal evidence from other communities in which Contractor works will also be provided. Contractor will also discuss how advanced rideshare technologies ( e.g., Uber, Lyft) and micro-transit may influence future travel behavior and patterns.
Deliverable: Results from these analyses will be incorporated into the Circulation Element.
53 TASK E Environmental Analysis
Contractor will assist the City in preparing a transportation and circulation chapter for the General Plan EIR that complies with CEQA. The chapter will utilize a template provided by the City or its General Plan EIR consultant, and will identify impacts associated with the General Plan upon the transportation system.
TASK E.5 Alternatives Evaluation
Contractor will provide a qualitative evaluation for up to two project alternatives for the EIR. The evaluation will compare each alternative to the proposed project. Specifically, Contractor will identify where impacts are likely to be greater or less than that of the proposed project.
TASK E.6 Documentation
Contractor will prepare a transportation chapter for the ADEIR and DEIR in a format provided by the City or its General Plan EIR consultant. Contractor has budgeted up to 16 hours to respond to a single set of written comments on the ADEIR transportation chapter. Contractor will prepare a written response to transportation-related comments on the Draft EIR for inclusion in the Final EIRS. Contractor has budgeted up to 24 hours of staff time to respond to such comments.
Deliverable:
Contractor will prepare the transportation chapter for the ADEIR and DEIR, and provide written responses to transportation-related comments on the DEIR for use in the FEIR.
TASK 2 Additional Meetings
Contractor’s current contract includes budget for Contractor to attend a maximum of 14 meetings. As of May 28, 2019 Contractor had attended 13 total meetings. Contractor anticipates attending up to five more virtual public hearings / staff level meetings.
Therefore, this task includes Contractor’s attendance at four additional meetings, thereby allowing for 18 total (virtual) meetings to be budgeted. 54 EXHIBIT B-1
ADDITIONS TO PAYMENT FOR SERVICES
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
91 City Council Special
Staff Report
Subject:
Portable X-Ray System Purchase
Date:
November 19, 2024
Submitted By:
Luke Sincerny, Captain
Rustin Banks, Police Chief
Department:
Police
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the Purchase of XIROS DR Portable X-Ray System Under the 2022 Homeland Security Grant Program-Urban Area Security Initiative.
Background:
The City of Sacramento in coordination with the City of Rocklin Police Department applied for and was awarded a grant under the Fiscal Year 2022 Homeland Security Grant Program- Urban Area Security Initiative (UASI) in the amount of three million and ninety-seven thousand dollars ($3,097,000), starting on or about June 1, 2024 and concluding April 30, 2025.
The City of Rocklin Police Department is receiving a subaward from the City of Sacramento (Exhibit A) in the amount of eighty-nine thousand and eighty dollars ($89,080) for the specific purpose to purchase a XIROS DR System, including a Dual Panel XIROS II 12x12 and STENOS II 14x17 flat Panel Kit, computer kit for Security DR systems with a custom tactical backpack for XIROS DR system, DeWalt powered panel side Wi-Fi radio kit for Gen 2 systems, and DR power cord kit from Logos Imaging, LLC in Windsor, Colorado for use by the Explosive Ordnance Disposal Team (EOD). The equipment will increase safety and "Time on Target" for bomb technicians.
Rocklin Municipal Code Section 3.04 states the purchase of goods for an amount more than fifty thousand dollar ($50,000) must be approved by the City Council. Funding has been appropriated and the Grant Agreement was approved by the City Council on June 11, 2024 per Resolution No. 2024-135. Rocklin Municipal Code Chapter 3.04 allows for a purchase without competitive bidding under the Sole or Limited Source exception. The XIROS DR system is solely provided by Logos Imaging, LLC. worldwide.
Fiscal Impact:
There is no direct fiscal impact on the General Fund from the staff recommendation. The cost of the X-Ray system, up to $89,080, will be reimbursed by the grant and is budgeted in the Grants/Reimbursable Fund (275).
Item Number C4.
92 ATTACHMENTS:
1. Resolution
2. Resolution Exhibit A - City of Sacramento Subaward Agreement
3. Resolution Exhibit B - LOGOS IMAGING, LLC QUOTE 8537
4. 2024-135 Subawardee Grant Agreement 2022 Homeland Security Grant 93 RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE PURCHASE OF XIROS DR PORTABLE X-RAY SYSTEM UNDER THE 2022 HOMELAND SECURITY GRANT PROGRAM-URBAN AREA
SECURITY INITIATIVE
WHEREAS, the City of Sacramento in coordination with the City of Rocklin Police Department applied for and was awarded a grant under the Homeland Security Grant Program-Urban Area Security Initiative (UASI) in the amount of three million and ninety-seven thousand dollars ($3,097,000), starting on or about June 1, 2024 and concluding April 30, 2025; and
WHEREAS, City of Rocklin Police Department is receiving a subaward from the City of Sacramento (Exhibit A) in the amount of eighty-nine thousand and eighty dollars ($89,080) for the specific purpose to purchase a XIROS DR System, including a Dual Panel XIROS II 12x12 and STENOS II 14x17 flat Panel Kit, computer kit for Security DR systems with a custom tactical backpack for XIROS DR system, DeWalt powered panel side Wi-Fi radio kit for Gen 2 systems, and DR power cord kit from Logos Imaging, LLC in Windsor, Colorado for use by the Explosive Ordnance Disposal Team (EOD); and WHEREAS, the Logos Imaging, LLC is the sole supplier of the XIROS DR System worldwide; and
WHEREAS, Rocklin Municipal Code Chapter 3.04 limits the City Manager’s purchasing authority for goods to a maximum of fifty thousand dollars ($50,000). The purchase of goods for an amount more than fifty thousand dollars ($50,000) must be approved by the City Council. The Quote 8537 from Logos Imaging, LLC. Is for $89,078.12 (EXHIBIT B). Funding has already been appropriated under Resolution 2024-135; and
WHEREAS, Rocklin Municipal Code Chapter 3.04 allows for a purchase without competitive bidding under the Sole or Limited Source exception. The XIROS DR system is solely provided by Logos Imaging, LLC.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Council of the City of Rocklin hereby authorizes the purchase of the XIROS DR Portable X-Ray System from Logos Imaging, LLC.
PASSED AND ADOPTED this 19th day of November, 2024, by the following vote:
94 AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
95 SACAMENTO CONTRACT Office of the Cpty Clerk
ROUTING SHEET
Contract Cover/Routing Form: Must Accompany ALL Contracts; however, it is NOT part of the contract.
General Information (Required)
Original Contract # (supplements only):
Assessor's Parcel Number(s):
Contract Effective Date: 8/15/2024
$ Amount (Not to Exceed): $89,080
Other Party: City of Rocklin
Project Title: E0D X-Ray - subaward agreement
Project #: G11016922
Supplement/Addendum #:
Contract Expiration Date (if applicable):4/30/2025
Adjusted $ Amount (+/-):
Bid/RFQ/RFP #:
City Council Approval: NO if YES, Council File ID#:
Contract Processing Contacts
Department: Police Project Manager: Karina Palacios
Contract Coordinator: Anna Johnson Email: [email protected] Department Review and Routing
alina vvarricK Aug 22, 2024 Accounting: alma 22 2,124— 41f DI, Supervisor:
(Signature)
44z",
(Date)
Aug 22, 2024
(Signature) (Date)
Division Manager: grnicza. z'ff a,ziA, Aug 23, 2024
(Signature) (Date)
Other:
(Signature) (Date)
Special Instruction/Comments (i.e. recording requested, other agency signatures required, etc.) Recording Requested Other Party Signature Required
GAU File #24-086 AGR- City of Rocklin (EOD X-Ray)
FOR CLERK & IT DEPARTMENTS ONLY- DO NOT WRIT r ; --74--. 11 THIS LINE )2024-1173 (i"
CC Rev. 12.19.2018
96 Contract #2024-1173
CONTRACT #:
CONTRACT NAME: EOD X-Ray Unit
CONTRACT PROJECT #: G11016922
DEPARTMENT: Police
DIVISION: Homeland Security
CITY OF SACRAMENTO
SUBAWARD AGREEMENT
THIS SUBAWARD AGREEMENT ("Agreement" or "Contract") is made and entered into by and between the City of Sacramento, a municipal corporation (the "City"), and City of Rocklin, a municipal corporation (the "Subrecipient"). In consideration of the mutual covenants set forth herein and the mutual benefits to be derived therefrom, the City and Subrecipient (each a "Party" and collectively, the "Parties") agree as follows:
I. GENERAL INFORMATION
§1.1 Federal Award Information
The "Federal award" (as such tenn is defined in the Code of Federal Regulations("CFR"), 2 CFR §200.1, and used in this Agreement) is the:
Grant Program Name FY 2022 Homeland Security Grant Program - Urban Area Security Initiative FAIN # EMW-2022-SS-00043
CFDA # 97.067
Federal Award Date September 1, 2022
This is not a "Research & Development" award as defined in 2 CFR §200.1 and 200.331, and there is no "indirect cost rate" for this federal award as defined in 2 CFR §200.1 and 200.331.
The "Federal awarding agency" (as such teun is defined in 2 CFR §200.1 and used in this Agreement) is the United States Department of Homeland Security, Federal Emergency Management Agency, Grants Program Directorate ("DHS").
The State of California, through its Governor's Office of Emergency Services ("CalOES"), acts as the "pass-through entity" (as such term is defined in 2 CFR §200.1 and used in this Agreement) for the subaward of the Federal award to the City for the benefit of the Sacramento Urban Area in the amount of $ 3097000 §1.2 Subaward Information and Period of Performance
Subrecipient hereby accepts the following subaward ("Subaward") of the Federal award upon the terms and conditions set forth in this Agreement:
Subaward Amount $89,080
97 Period of Performance ("Term") 08/15/2024 through 4/30/2025 Subrecipient SAM Unique Entity Identifier F9JTDAHKSBX5
The teiiii of this Agreement shall be the "Tenn" as set forth in this Section 1.2. §1.3 Parties and Notice
The Parties to this Agreement, and their respective representatives who are authorized to administer this Agreement and to whom formal notices, demands and communications shall be given are as follows:
Party:
Authorized Representative:
Authorized Department:
Address:
City of Sacramento
Karina Palacios - Administrative Analyst
Police
5770 Freeport Blvd., Suite 100
Sacramento, CA 95822
Phone:
E-Mail:
916-767-2297
[email protected]
Party:
Authorized Representative:
Authorized Department:
Address:
City of Rocklin
Karen Smith
Police
4080 Rocklin Road
Rocklin, CA 95677
Phone:
E-mail:
916-625-5356
[email protected]
Formal notices, demands, and communications to be given hereunder by either Party shall be made in writing and may be affected by personal delivery or by registered or certified mail, postage prepaid, return receipt requested and shall be deemed communicated as of the date of mailing. If the name of the person designated to receive the notices, demands or communications or the address of such person is changed, written notice shall be given, in accordance with this section, within five business days of said change.
§1.4 Authorities
Subrecipient warrants that it has obtained written authorization from its governing board or authorized body to execute this Agreement and accept and use the Subaward.
Subrecipient further warrants that such written authorization specifies that Subrecipient, governing board or authorized body agree:
A. That any liability arising out of the use of the Subaward, and any products or services purchased therefrom, shall be the responsibility of Subrecipient, 2 98
governing board or authorized body. City disclaims all liability as to the use of the Subaward, and any products of services purchased therefrom.
B. That Subaward funds shall not be used to supplant expenditures controlled by governing board or authorized body.
C. That the official executing this Agreement is authorized to do so. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
3 99
II. 1SUBAWARD TERMS AND CONDITIONS
§2.1 Summary of Requirements
By executing this Agreement, Subrecipient hereby agrees that it shall comply with all tenns and conditions set forth in this Agreement, which includes all guidance, regulations and requirements (collectively, "Requirements") of the Federal awarding agency and Ca1OES that are applicable to a recipient and/or subrecipient of a Federal award or grant. Such Requirements are set forth in the following documents and incorporated herein by this reference:
A. Department of Homeland Security FY2022 Homeland Security Grant Program Notice of Funding Opportunity ("DHS NOFO");
B. FY 2022 DHS Standard Terms and Conditions ("DHS Standard Conditions") (Exhibit A);
C. FEMA Information Bulletins ("IB");
D. CalOES 2022 Homeland Security Grant Program Califomia Supplement to the Federal Notice of Funding Opportunity ("CalOES Supplement"),
E. CalOES 2022 Standard Assurances for All CalOES Federal Grant Programs ("CalOES Assurances") (Exhibit B);
F. CalOES Grant Management Memos ("GMM"); and
G. The cost principles, uniform administrative requirements and audit requirements for federal grant programs as housed in Title 2, Part 200 of the CFR and in updates issued by the Office of Management and Budget ("OMB") on http://lwww.whitehouse.gov/omb/ .
Subrecipient hereby certifies that it has the institutional, managerial and financial capability to ensure proper planning, management and completion of its projects being funded by the Subaward.
§2.2 City Administrative Requirements
A. Subrecipient acknowledges and agrees that the City is acting as a "pass- through entity" (as such term is defined in 2 CFR §200.74 and used in this Agreement) for this Subaward and that the City shall have the rights and obligations relating to this Subaward and its administration as set forth in this Agreement and in 2 CFR Part 200.
B. The City shall provide Subrecipient with an electronic Workbook of Subrecipient's projects ("Subrecipient Workbook") (Exhibit C). The Workbook contains detailed listings of items and projects and the amount of Subaward funds allocated for such items and projects.
4 100
Subrecipient shall use the Subaward funds strictly in accordance with the Workbook, and any expenditures not so made shall be deemed disallowed under this Subaward.
Any request by Subrecipient to modify the Workbook must be made in writing and accompanied by a completed Modification Request Form, which is located in the Subrecipient Workbook, all required supporting documentation and a revised Workbook showing such modification.
Workbook modification requests must be submitted prior to deadlines set by the City. Inaccurate or incomplete requests shall be returned to the Subrecipient for revision. Subrecipient shall not expend any funds on modified Workbook items until such modification is approved by the City and CalOES.
C. Subrecipient agrees that any equipment, product, service or activity funded with this Subaward shall comply with any and all technological and/or interoperability specifications and standards as may be approved by the Sacramento Urban Area region, and any such equipment, product, service or activity not so compliant shall be not eligible for funding by this Subaward.
Subrecipient shall further ensure that it retains from its contractors, subcontractors, and vendors all rights related to inventions, copyrightable materials, and data for which the Federal awarding agency and Ca1OES has rights to, as more fully set forth in 2 CFR §315 and Section 2.3.P. of this Agreement.
D. Any "equipment" (as such term is defined in 2 CFR §200.33 and used in this Agreement) acquired or obtained with Subaward funds:
1. Shall be made available pursuant to applicable terms of the California Disaster and Civil Defense Master Mutual Aid Agreement in consultation with representatives of the various fire, emergency medical, hazardous materials response services, and law enforcement agencies within the jurisdiction of the Sacramento Urban Area, and deployed with personnel trained in the use of such equipment in a manner consistent with the California Law Enforcement Mutual Aid Plan or the California Fire Services and RescueMutual Aid Plan;
2. Shall be consistent with needs as identified in the State Homeland Security Strategy and will be deployed in confoiiiiance with that Strategy; and
3. Shall have a Sacramento Urban Area identification decal affixed to it.
Subrecipient shall take a physical inventory of all equipment acquired or obtained with Subaward funds and reconcile the results with equipment records at least once every year.
E. This Subaward is not a "fixed amount award" as such teiiii is defined in 2CFR §200.45. Subrecipient agrees that disbursement of this Subaward toSubrecipient shall be made on a reimbursement method. If Subrecipient requests advance payment of Subaward funds, Subrecipient shall comply with, and provide 5 101
evidence to the City of compliance with, the criteria and obligations related to the use of advance payments as set forth in 2 CFR §200.305 as well as satisfying any other City and CalOES requirements for advance payments.
In requesting reimbursement from Subaward funds, Subrecipient shall provide to the City a completed Reimbursement Request Form, which is located in the Subrecipient Workbook, along with invoices, purchase orders, proof of delivery, proof of payment and payroll records, timesheets, receipts and any other supporting documentation necessary to fully and accurately describe the expenditure of funds for which reimbursement from the Subaward is requested (collectively, the "Reimbursement Request").
A11 such supporting documentation for the Reimbursement Request shall satisfy applicable Federal, State and City audit and review standards and requirements.
Such documentation shall be prepared at the sole expense and responsibility of Subrecipient, and the City and the Subaward will not reimburse the Subrecipient for any costs incurred for such preparation.
The City reserves the right to request additional supporting documentation to substantiate costs incurred at any time. Inaccurate and/or incomplete Reimbursement Requests shall be returned to Subrecipient for revision.
The City shall forward Reimbursement Requests to CalOES for payment within thirty (30) days of receipt, provided such request is deemed accurate and complete. The City shall reimburse Subrecipient within thirty (30) days of its receipt of funds from Ca1OES.
Final Reimbursement Requests for this Subaward must be received by the City no later than 30 clays following the end of the Term to allow the City sufficient time to complete close-out activities for this Subaward (the "Reimbursement Deadline").
After the Reimbursement Deadline, any unexpended Subaward funds may be re-directed to other needs across the Sacramento Urban Area region. The City will notify Subrecipient, in writing, when unexpended Subaward funds may be re-directed.
F. Subrecipient acknowledges that the City makes no commitment to disburse Subaward funds beyond the terms set forth herein and that funding for all periods during the Subaward Term is subject to the continuing availability to the City of federal funds for this Subaward from CalOES and the Federal awarding agency. This Agreement may be terminated immediately upon written notice to Subrecipient of any loss or reduction of Subaward funds. 6 102
§2.3 DHS and CalOES Requirements
Subrecipient shall comply with all Requirements promulgated by DHS (which is the Federal awarding agency for this Subaward) and CalOES which are applicable to this Subaward and set forth in Section 2.1. Some of these DHS and CalOES Requirements are set forth below in this Section 2.3.
A. Subrecipient will not use Subaward funds to supplant (replace) funds that have been budgeted for the same purpose through non-federal sources. Upon request by the City, CalOES and/or the Federal awarding agency, Subrecipient shall be required to demonstrate and document that a reduction in non-Federal resources occurred for reasons other than the receipt or expected receipt of Subaward funds. Subrecipient shall not charge any costs allocable under this Subaward to any other Federal award to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes, regulations, or teinis and conditions of Federal awards,or for other reasons. Subrecipient shall not be delinquent in the repayment of any Federal debt. Subrecipient must request instruction from the City and CalOES for proper disposition of any original or replacement equipment acquired with Subaward funds.
B. Subrecipient shall comply with the requirement of 31 U.S.C. Section 3729- 3733, which sets forth that no subgrantee, recipient or subrecipient of federal funds or payments shall submit a false claim for payment, reimbursement or advance. Subrecipient agrees to be subject to the administrative remedies as found in 38 U.S.C. Section 3801-3812 for violations of this requirement.
C. Subrecipient shall comply with the provisions of DHS Specific Acknowledgements and Assurances section set forth in the DHS Standard Conditions and the Reporting Accusations and Findings of Discrimination section of the CalOES Assurances.
D. Subrecipient shall comply with the provisions of the Lobbying and Political Activities section set forth in the CalOES Assurances. In connection thereto, Subrecipient hereby certifies that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of Subrecipient, to any person for influencing or attempting to influence an officer or employee of an 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 7 103
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress inconnection with this Federal contract, grant, loan, or cooperative agreement, Subrecipient shall complete and submit Standard Folin-LLL "Disclosure Foiin to Report Lobbying" in accordance with its instructions.
3. Subrecipient shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
Subrecipient shall comply with provisions of the Hatch Act (5 U. S .C.§1501-1508 and §7324-7328) which limits the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
E. As required by Executive Orders (EO) 12549 and 12689, and 2 CFR§200.213 and codified in 2 CFR Part 180, Subrecipient shall provide protection against waste, fraud and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the Federal government. Subrecipient hereby certifies that it and its principals:
. Are not presently debarred, suspended, proposed for debai nent, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;
2. Have not within a three-year period preceding this Agreement 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;
3. 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 2.3.E.2. above; and
4. Have not within a three-year period preceding this Agreement had one or more public transactions (Federal, State, or local) terminated for cause or default.
F. Subrecipient shall comply with the Drug-Free Workplace Act of 1988 (41 U.S.C. §701 et seq.) which is adopted at 2 CFR Part 3001. In connection thereto, Subrecipient hereby certifies that it will or will continue to providea drug-free workplace and a drug-free awareness program as outlined insuch Act.
G. Subrecipient shall comply with all Federal statutes relating to non- discrimination, 8 104
including, without limitation, those statutes and provisions set forth in the Non- Discrimination and Equal Employment Opportunity section of the CalOES Assurances.
Subrecipient hereby certifies that it will comply with the Americans with Disabilities Act, 42 U.S.C. §12101 et seq., and its implementing regulations (ADA), the Americans with Disabilities Act Amendments Act of 2008 (ADAAA), Pub. L. 110-325 and all subsequent amendments, Section 504 of the Rehabilitation Act of 1973 (Rehab. Act), as amended, 29 U.S.C. 794 and 24 CFR Parts 8 and 9, the Unifoiiii Federal Accessibility Standards (UFAS), 24 CFR, Part 40, and the Fair Housing Act, 42 U.S.C. 3601, et seq.; 24 CFR Parts 100, 103, and 104 (FHA) and all implementing regulations. Subrecipient will provide reasonable accommodations to allow qualified individuals with disabilities to have access to and to participate in its programs, services and activities in accordance with the provisions of the ADA, the ADAAA, the Rehab Act, the UFAS and the FHA and all subsequent amendments.
Subrecipient will not discriminate against persons with disabilities or against persons due to their relationship to or association with a person with a disability.
Any contract entered into by Subrecipient (or any subcontract thereof), relating to this Agreement, to the extent allowed hereunder, shall be subject to the provisions of this paragraph.
H. Subrecipient shall comply with the provisions set forth in the Environmental Standards section of the CalOES Assurances.
I. Subrecipient shall comply with the provisions set forth in the Reporting- Accountability section of the CalOES Assurances, which relate to compliance with the Federal Funding Accountability and Transparency Actand statutory requirements for whistleblower protections.
J. Subrecipient shall comply with the provisions set forth in the Human Trafficking section of the CalOES Assurances, which relate to compliance with the Trafficking Victims Protection Act (TVPA) of 2000.
K. Subrecipient shall comply with the provisions set forth in the Labor Standards section and Worker's Compensation section of the CalOES Assurances, which relate to compliance with various Federal statutes regarding labor standards and State worker's compensation requirements.
L. Subrecipient shall comply with the provisions set forth in the Property- Related section of the Ca1OES Assurances and the provisions applicable to construction projects as set forth in the Certifications Applicable to Federally Funded Construction Projects section of the CalOES Assurances.
M. Subrecipient acknowledges the applicability of the Freedom of Information Act and the California Public Records Act to certain information as more fully set 9 105
forth in the Freedom of Information Act section of the CalOES Assurances.
N. Subrecipient shall comply with the provisions set forth in the Best Practices for Collection and Use of Personally Identifiable Information (PII) section of the Ca1OES Assurances.
O. Subrecipient shall comply with the provisions set forth in the Acknowledgement of Federal Funding from DHS and Use of DHS Seal, Logo and Flags section of the CalOES Assurances, which relate to requirements for acknowledging the use of federal funds and obtaining approval for use of various DHS seals and logos.
P. Subrecipient shall affix applicable copyright notices as required under the Copyright section of the CalOES Assurances and shall comply with and be subject to the provisions set forth in the Patents and Intellectual Property Rights section of the DHS Standard Conditions and the CalOES Assurances.
Q. If the total value of Subrecipient's currently active grants, cooperative agreements, and procurement contracts from all Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this Subaward, Subrecipient shall comply with the provisions set forth in the Reporting of Matters Related to Recipient Integrity and Performance section of the DHS Standard Conditions and the CalOES Assurances.
Subrecipient shall comply with the SAFECOM Guidance for Emergency Communication Grants when using Subaward funds in connection with emergency communication equipment, including provisions on technical standards that ensure and enhance interoperable communications.
S. Subrecipient shall establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. Subrecipient shall comply with all Federal and State conflict of interest laws and regulations.
T. Subrecipient shall comply with California Vehicle Code sections 23123 and 23123.5, and the provisions set forth in the Use of Cellular Device While Driving is Prohibited section of the CalOES Assurances.
U. Subrecipient must ensure that any project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
V. Subrecipient shall comply with the provisions set forth in the following sections of the DHS Standard Conditions and the Ca1OES Assurances; (1)Energy Policy and Conservation Act, (2) Hotel and Motel Fire Safety Act of1990, (3) Terrorist Financing E.O. 13224, (4) USA PatriotAct of 2001, (5) Fly America Act of 1974, 10 106
and (6) Whistleblower Protections and Whistleblower Protection Act.
W. Subrecipient acknowledges and shall comply with the following Special Conditions and Corrective Actions applicable to this Subaward:
1. Subaward funding is subject to restricted drawdown for the duration of the Term;
2. Subrecipient shall submit sufficient documentation to support expenditures prior to reimbursement or advance of funds. Documentation must include invoices, timesheets, evidence supporting overtime and backfill costs, cancelled checks or other proof of payment, and copies of related contracts (See §2.2.E).
CalOES may request additional procurement material. CalOES will not issue reimbursement or advance payment until the documentation is reviewed and the payment is determined to be adequately supported;
3. Failure to comply with these conditions may result in disallowed costs or additional restrictions on current and future subaward funding, pursuant to 2 CFR §200.205 and §200.338.
§2.4 Uniform Requirements for Federal Awards
Subrecipient acknowledges that this Subaward is a "Federal award" as such teiiii is defined in 2 CFR §200.1 and that Subrecipient's use of this Subaward is subject to the uniform administrative requirements, cost principles, and audit requirements for Federal awards which are codified in 2 CFR Part 200 (the "Unifoi in Requirements").
Subrecipient agrees that it is considered a "non- Federal entity" and a "subrecipient" as such terms are defined in 2 CFR §§200.69and 200.93, respectively. Thus, Subrecipient hereby agrees to comply with, and be subject to, all provisions, regulations and requirements applicable to a "subrecipient" and a "non-Federal entity" as set forth in the Uniform Requirements. Further, Subrecipient agrees that the City and CalOES are each a "pass-through entity" as such term is defined in 2 CFR §200.1 and that each of them shall have the rights and remedies of a "pass-through entity" inrelation to this Subaward and Subrecipient as set forth in the Uniform Requirements.
Without limitation, some of these Unifonn Requirements are set forth below in this Section 2.4.
A. Subrecipient shall disclose to the City any potential conflict of interest in connection to this Subaward and its use in accordance with 2 CFR §200.112.
B. Subrecipient shall comply with the mandatory disclosure requirements for violations of Federal criminal law involving fraud, bribery, or gratuity as setforth in 2 CFR §200.113.
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C. Subrecipient acknowledges that the City may impose additional specific conditions to this Subaward in accordance with 2 CFR §200.207, and Subrecipient shall comply with such conditions, including, but not limited to, the sampling of procurements and equipment to ensure grant compliance during the City's bi-annual monitoring. Subrecipient shall also submit any annual certifications and representations deemed required by the City in accordance with 2 CFR §200.208.
D. Financial Management and Internal Controls
Subrecipient shall comply with the requirements for a non-Federal entity regarding financial management and the establishment of a financial management system, all as more fully set forth in 2 CFR §200.302. Further, Subrecipient shall comply with the requirements set forth in 2 CFR §200.303, which relate to certain obligations required of Subrecipient to maintain internal controls over the use of this Subaward.
Subrecipient shall complete and submit a Grants Management Assessment Fonn to the City (Exhibit D) to inform the City of potential risks of non-
compliance with respect to the terms and conditions of this Subaward.
E. In the event this Subaward requires cost sharing or matching of funds from Subrecipient, Subrecipient shall comply with the cost sharing and matching requirements set forth in 2 CFR §200.306.
F. Subrecipient shall comply with the requirements relating to program income as more fully set forth in 2 CFR §200.307.
G. Property Standards
When property (real, tangible or intangible) is, in whole or in part, improved, developed, purchased or otherwise acquired with Subawardfunds, Subrecipient shall comply with the regulations set forth in 2 CFR §200.310 through 200.316 ("Property Regulations"). These Property Regulations include, without limitation, provisions related to the following:
1. Requirements for insurance coverage for real property and equipment.
2. Requirements for title, use, disposition and transfer of title of "real property" (as defined in 2 CFR §200.1).
3. Regulations involving Federally owned and exempt property.
4. Requirements for title, use, management (including recordkeeping, inventory, control systems and maintenance procedures), and disposition of "equipment" (as defined in 2 CFR §200.1).
5. Requirements for title, use and disposition of "supplies" (as defined in 2 CFR §200.1).
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6. Requirements for title, rights, use and disposition of "intangible property" (as defined in 2 CFR §200.1). Such requirements include, without limitation:
a. A reservation of rights by the Federal awarding agency to a royalty- free, non-exclusive and irrevocable right to use certain copyrighted work or work subject to copyright;
b. The rights of the Federal government to data produced under the Subaward;
c. The applicability of the Freedom of Infoi illation Act to certain research data produced or acquired under the Subaward; and d. Subrecipient's compliance with applicable regulations governing patents and inventions, including government wide regulations codified at 37 CFR Part 401. Subrecipient agrees that it shall hold in trust all real property, equipment and intangible property acquired, developed or improved with Subaward funds in accordance with the provisions set forth in 2 CFR §200.316.
H. Procurement and Contracting Regulations
When procuring and/or contracting for property and/or services that are to be paid or reimbursed by any amount of Subaward funds, Subrecipient shall comply with all regulations applying to "non-Federal entities" as set forth in 2 CFR §200.318 through 200.326 (the "Procurement Regulations"). These Procurement Regulations include, without limitation, provisions requiring the following:
1. Documentation and use of procurement procedures in compliance with Procurement Regulations.
2. Contracting oversight and maintenance of written standards of conduct covering conflicts of interest.
3. Compliance with federal standards regarding procurement and award of contracts, competition, and procurement methods.
4. Affirmative steps required to encourage contracting with small and minority businesses, women's business enterprises, and labor surplus area firms.
5. Compliance with Section 6002 of the Solid Waste Disposal Act in the procurement of recovered materials.
6. Requirement to perform a cost or price analysis in connection with procurements.
7. Bonding requirements.
8. Requirement to make procurement documentation available for review by the City, CalOES and the Federal awarding agency.
In addition, Subrecipient must include in all of its contracts paid or reimbursed 13 109
in whole or in part with Subaward funds the provisions set forth in Appendix II to 2 CFR Part 200 (Contract Provisions for non- Federal Entity Contracts under Federal Awards) as required by 2 CFR §200.326.
Financial and Perfoi ance Monitoring and Reporting
Subrecipient shall comply with the monitoring requirements for a non- Federal entity as set forth in 2 CFR §200.328, which requires the Subrecipient to oversee and monitor activities supported by the Grant to assure compliance with applicable Federal requirements and performance expectations.
Further, Subrecipient shall comply with the financial and performance reporting requirements for a non-Federal entity as set forth in2 CFR §200.327 to 200.329 and any other reporting requirements that may be promulgated by the Federal awarding agency, CalOES or the City in accordance with such regulations. Such reporting requirements include the provision of any information required for the assessment or evaluation of any activities funded by the Subaward and the reporting of information related to real property in which the Federal government retains an interest.
Subrecipient acknowledges that the City, as a "pass-through entity," may make various findings, determinations, evaluations and reports regarding Subrecipient and its use of Subaward funds, as set forth in 2 CFR §200.330 to 200.332. In accordance with such regulations, Subrecipient shall comply with, and timely grant to the City and its auditors, any monitoring requests, requests for on-site access to facilities, equipment and personnel, and requests for any other information as may be authorized under such regulations. Subrecipient shall also timely grant to the City and its auditors' access to Subrecipient's records and financial statements as required under 2 CFR §200.331(a)(5). In addition, Subrecipient shall comply with any conditions that may be placed upon Subrecipient as part of the City's risk evaluation of Subrecipient under 2 CFR §200.331(b).
J. Record Retention and Access
Subrecipient shall comply with all records retention, maintenance, storage, transmission, and collection requirements applicable to a non-Federal entity as set forth in 2 CFR §200.333 to 200.335.
In accordance with the provisions set forth in 2 CFR §200.336, Subrecipient hereby grants the Federal awarding agency, the Inspectors General, the Comptroller General of the United States, CalOES, and the City, or any of their authorized representatives, the right of access to any documents, papers, or other records of Subrecipient which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts. This right also includes timely and reasonable access to Subrecipient's personnel for the purpose of interview and discussion related to such documents. These access rights shall not be 14 110
limited to any required record retention period, but last as long as the records are retained, and access shall not otherwise be limited unless as specifically permitted under 2 CFR §200.336 to 200.337.
Subrecipient shall require any of its subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with the provisions of this Section.
K. Cost Principles
Subrecipient shall comply with the cost principles for federal awards as setforth in 2 CFR Part 200 Subpart E ("Cost Principles"). Subrecipient acknowledges and agrees that any costs incurred by Subrecipient may only be charged to or reimbursed by Subaward funds if it is incurred in compliance with all Requirements for the Subaward and is also deemed allowable and allocable under the Subaward in accordance with the provisions set forth in the Cost Principles.
L. Audit Requirements
By virtue of using Subaward funds, Subrecipient acknowledges and agrees that it is subject to the provisions set forth in 2 CFR Part 200 Subpart F ("Audit Requirements"). Subrecipient shall comply with all provisions applicable to a non-Federal entity and an "auditee" (as defined in 2 CFR §200.1) as set forth in such Audit Requirements, including the requirement to conduct a single audit if applicable.
M. Closeout and Post Closeout
Subrecipient shall comply with the obligations applicable to a non-Federal entity as it pertains to the closeout of this Subaward as set forth in 2 CFR§200.343.
Subrecipient acknowledges and agrees that it shall continue to comply with the post closeout obligations set forth in 2 CFR §200.344 aftercloseout of the Subaward and expiration of the Term of this Agreement.
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Ill. STANDARD PROVISIONS
§3.1 Independent Party
Subrecipient is acting hereunder as an independent party, and not as an agent or employee of the City. No employee of Subrecipient is, or shall be, an employee of the City by virtue of this Agreement, and Subrecipient shall so inform each employee organization and each employee who is hired or retained under this Agreement.
Subrecipient shall not represent or otherwise hold out itself or any of its directors, officers, partners, employees, or agents to be an agent or employee of the City by virtue of this Agreement.
§3.2 Construction of Provisions and Titles Herein
All titles, subtitles, or headings in this Agreement have been inserted for convenience and shall not be deemed to affect the meaning or construction of any of the terms or provisions hereof. The language of this Agreement shall be construed according to its fair meaning and not strictly for or against either party.The word "Subrecipient" herein and in any amendments hereto includes the party or parties identified in this Agreement. The singular shall include the plural. If there is more than one Subrecipient as identified herein, unless expressly stated otherwise, their obligations and liabilities hereunder shall be joint and several. Use of the feminine, masculine, or neuter genders shall be deemed to include thegenders not used.
§3 .3 Applicable Law, Interpretation and Enforcement
Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California, the County of Sacramento and the City of Sacramento, including but not limited to, laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be enforced and interpreted under the laws of the State of California without regard to conflict of law principles. Subrecipient shall comply with new, amended, or revised laws, regulations, and/or procedures that apply to the performance of this Agreement.
In any action arising out of this Agreement, Subrecipient consents to personal jurisdiction, and agrees to bring all such actions, exclusively in state and federal courts located in Sacramento County, California.
If any part, term or provision of this Agreement shall be held void, illegal, unenforceable, or in conflict with any law of a federal, state or local government having jurisdiction over this Agreement, the validity of the remaining parts, telins or provisions of this Agreement shall not be affected thereby. §3 .4 Integrated Agreement
This Agreement sets forth all of the rights and duties of the parties with respect to the 16 112
subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein.
§3.5 Excusable Delays
In the event that performance on the part of any party hereto shall be delayed or suspended as a result of circumstances beyond the reasonable control and without the fault and negligence of said party, none of the parties shall incur any liability to the other parties as a result of such delay or suspension.
Circumstances deemed to be beyond the control of the parties hereunder shall include, but not be limited to, acts of God or of the public enemy; insurrection; acts of the Federal Government or any unit of State or Local Government in either sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes, freight embargoes or delays in transportation; to the extent that they are not caused by the party's willful or negligent acts or omissions and to the extent that they are beyond the party's reasonable control.
§3.6 Breach
Except for excusable delays as described in §3.5 herein, if any party fails to perform, in whole or in part, any promise, covenant, or agreement set forth herein, or should any representation made by it be untrue, any aggrieved party may avail itself of all rights and remedies, at law or equity, in the courts of law. Said rights and remedies are cumulative of those provided for herein except thatin no event shall any party recover more than once, suffer a penalty or forfeiture,or be unjustly compensated. §3.7 Prohibition Against Assignment or Delegation
Subrecipient may not, unless it has first obtained the written permission of the City:
A. Assign or otherwise alienate any of its rights hereunder, including the right to payment; or
B. Delegate, subcontract, or otherwise transfer any of its duties hereunder. §3.8 Indemnification
Each of the parties to this Agreement is a public entity. In contemplation of the provisions of Section 895.2 of the Government Code of the State of California imposing certain tort liability jointly upon public entities, solely by reason of such entities being parties to an Agreement as defined by Section 895 of said Code, the parties hereto, as between themselves, pursuant to the authorization contained in Sections 895.4 and 895.6 of said Code, will each assume the full liability imposed upon it or upon any of its officers, agents, or employees by law,for injury caused by 17 113
a negligent or wrongful act or omission occurring in the performance of this Agreement, to the same extent that such liability would be imposed in the absence of Section 895.2 of said Code. To achieve the above- stated purpose, each party indemnifies and holds harmless the other party solely by virtue of said Section 895.2.
The provision of Section 2778 of the California Civil Code is made a part hereto as if fully set forth herein. Subrecipient certifies that it has adequate self-insured retention of funds to meet any obligation arising from this Agreement.
A. Notwithstanding the provisions of §1.4(A) above, pursuant to Government Code Sections 895.4 and 895.6, the Parties shall each assume the full liability imposed upon it, or any of its officers, agents or employees, by law for injury caused by any negligent or wrongful act or omission occurring in the performance of this Agreement.
B. Each party indemnifies and holds harmless the other party for any loss, costs, or expenses that may be imposed upon such other party by virtue of Government Code section 895.2, which imposes joint civil liability upon public entities solely by reason of such entities being parties to an agreement, as defined by Government Code section 895.
C. In the event of third-party loss caused by negligence, wrongful act or omission by both Parties, each party shall bear financial responsibility in proportion to its percentage of fault as may be mutually agreed or judicially determined. The provisions of Civil Code Section 2778 regarding interpretation of indemnity agreements are hereby incorporated. §3.9 Subcontractor Assurances
Subrecipient shall contractually obligate all its contractors, subcontractors and vendors funded by Subaward funds as may be required to ensure that Subrecipient can comply with all the Requirements and other provisions of thisAgreement. §3.1 0 Remedies for Noncompliance
Subrecipient acknowledges and agrees that, in the event Subrecipient fails to comply with the terms and conditions of this Agreement or with any Requirements referenced in Section 2.1 above, the Federal awarding agency, Ca1OES or the City shall have the right to take one or more of the actions set forth in 2 CFR §200.338.
Such actions may include, without limitation, the withholding of cash payments, suspension and/or termination of the Subaward, and the disallowing of certain costs incurred under the Subaward.
Any costs incurred by Subrecipient during a suspension or after termination of the Subaward shall not be considered allowable under the Subaward unless allowed 18 114
under 2 CFR §200.342.
Subrecipient shall be liable to the Federal awarding agency, CalOES and the City for any Subaward funds the Federal awarding agency or CalOES determines that Subrecipient used in violation of any Requirements reference in Section 2.1 above, and Subrecipient shall indemnify and hold harmless the City for any sums the Federal awarding agency or CalOES determines Subrecipient used in violation of such Requirements.
Subrecipient shall be granted the opportunity to object to and challenge the taking of any remedial action by the Federal awarding agency, CalOES or the City in accordance with the provisions set forth in 2 CFR §200.341. §3.11 Termination
Subrecipient acknowledges and agrees that the Subaward, and any obligation to disburse to or reimburse Subrecipient in connection thereto, may be terminated in whole or in part by the Federal awarding agency, CalOES or the City as set forth in 2 CFR §200.339. Subrecipient shall have the right to terminate the Subaward only as set forth in 2 CFR §200.339.
In the event the Subaward is terminated, all obligations and requirements of this Agreement and the Grant shall survive and continue in full force and effect in connection with any portion ofthe Subaward remaining prior to such termination, including, without limitation, the closeout and post closeout requirements set forth in this Agreement. §3.12 Amendments
Any change in the terms of this Agreement, including the performance period of the Subaward and any increase or decrease in the amount of the Subaward, which are agreed to by the City and Subrecipient shall be incorporated into this Agreement by a written amendment properly executed and signed by the person authorized to bind the Parties thereto.
§3.13 Complete Agreement
This Agreement sets forth all the rights and duties of the Parties with respect to the subject matter hereof, and replaces any and all previous agreements or understandings, whether written or oral, relating thereto. This Agreement may be amended only as provided for herein and neither verbal agreement nor conversation with any officer or employee of either party shall affect or modify any of the terms and conditions of this Agreement.
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IN WITNESS WHEREOF, the City and Subrecipient have caused this Subaward Agreement to be executed by their duly authorized representatives.
CITY OF SACRAMENTO
A Municipal Corporation
By:
.,:ramei , 70 0 g c ots rcnin , f)- : Sep 10, 2024
[email protected] [email protected] Print name:
Title: Chief of Police
For: Howard Chan, City Manager
ATTEST:
Sep 10, 2024
City Clerk
APPROVED AS TO FORM:
• f..41.4` Beau FJ.' khr
Aug 26, 2024
City Attorney
Attachments
Exhibit A DHS Standard Terms and Conditions CalOES
Exhibit B CalOES Standard Assurances
Exhibit C Subrecipient Workbook
Exhibit D Grant Management Assessment Questionnaire
116
SUBRECIPIENT:
City of Rocklin
Subrecipient Name
F9JTDAHKSBX5
SAM Unique Entity Identification Number
Aug 26, 2024 A (Aug 2C, FID I
Signature of Authorized Person
Aly Zimmermann City Manager
Print Name and Title
Additional Signature (i f required)
Print Name and Title
21 117
Exhibit A
FY 2022 DHS Standard Terms and Conditions
The Fiscal Year (FY) 2022 DHS Standard Terms and Conditions applyto all new federal financial assistance awards funded in FY 2022. These terms and conditions flow down to subrecipients unless an award term or condition specifically indicates otherwise. The United States has the right to seek judicial enforcement of these obligations.
All legislation and digital resources are referenced with no digital links. The FY 2022 DHS Standard Terms and Conditions will be housed on dhs.gov at www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
A. Assurances. Administrative Reauirements. Cost Principles. Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances — Non- Construction Programs, or OMB Standard Form 424D Assurances — Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency.
II. DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R. Part 3002.
III. By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB's guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.
B. General Acknowledaements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff.
I. Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS.
II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel.
III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports.
IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance.
V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass- through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made. Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and DHS Standard Terms & Conditions: Version 2 May 16, 2022 118
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Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool.
The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.
C. Standard Terms & Conditions
I. Acknowledgement of Federal Fundina from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
II. Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and thatappropriate licenses, permits, or approvals are obtained.
III. Aae Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program oractivity receiving federal financial assistance.
IV. Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101- 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.
V. Best Practices for Collection and Use of Personallv Identifiable Information Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.
VI. Civil Riahts Act of 1964 — Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.
VII. Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection DHS Standard Terms & Conditions: Version 2 May 16, 2022 119
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therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C._§ 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units— i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.) VIII. Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
IX. Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.
X. Drua-Free Workplace Reaulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government- wide implementation (2 C.F.R. Part 182) of Sec. 5152-5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).
Xl. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.
XII. Education Amendments of 1972 (Eaual Opportunity in Education Act) — Title IX Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.
XIII. Enerav Policv and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq..), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
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XIV. False Claims Act and Proaram Fraud Civil Remedies
Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
XV. Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A-129.)
XVI. Federal Leadership on Reducina Text Messaaina while Drivina Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.
XVII. Flv America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.
XVIII. Hotel and Motel Fire Safetv Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a XIX. John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute — as it applies to DHS recipients, subrecipients, and their contractors and subcontractors — prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons.
XX. Limited Enalish Proficiencv (Civil Riahts Act of 1964. Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services.
For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people-limited and additional resources on http://www.lep.gov.
XXI. Lobbvina Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, DHS Standard Terms & Conditions: Version 2 May 16, 2022 121
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a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.
XXII. National Environmental Policv Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans.
XXIII. Nondiscrimination in Matters Pertainina to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries.
Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.
XXIV. Non-Supplanting Reauirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
XXV. Notice of Fundina Opportunity Reauirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.
XXVI. Patents and Intellectual Property Riahts
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
XXVII. Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.
XXVIII.Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial DHS Standard Terms & Conditions: Version 2 May 16, 2022 122
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assistance.
XXIX. Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements:
If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
XXX. Reporting Subawards and Executive Compensation
Reporting of first tier subawards.
Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.
XXXI. Reauired Use of American Iron. Steel. Manufactured Products. and Construction Materials Recipients must comply with the "Build America, Buy America" provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless:
(1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States;
(2) all manufactured products used in the project are produced in the United States-this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(3) all construction materials are manufactured in the United States-this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project, but are not an integral part of the structure or permanently affixed to the infrastructure project.
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Waivers
When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements. Information on the process for requesting a waiver from these requirements is on the website below.
(a) When the Federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the application of the domestic content procurement preference in any case in which the agency determines that:
(1) applying the domestic content procurement preference would be inconsistent with the public interest;
(2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
(3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
A request to waive the application of the domestic content procurement preference must be in writing. The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office.
There may be instances where an award qualifies, in whole or in part, for an existing waiver described at "Buy America" Preference in FEMA Financial Assistance Proqrams for Infrastructure I FEMA.qov.
XXXII. SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
XXXIII.Terrorist Financina
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.
XXXIV. Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons.
Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.
XXXV. Universal Identifier and Svstem of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference.
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XXXVI. USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
XXXVII. Use of DHS Seal. Loao and Flaas
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
XXXVIII.Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.
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Exhibit B
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
As the duly authorized representative of the Applicant, l hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial, and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
l further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
Government cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
State and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
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Cal OES iliOYERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(d)The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) Official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a)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 an 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.
(b)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.
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipienfs shall certify and discloseaccordingly.
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Cal OES iliOYERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501- 1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor's Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application 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 (2)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non-
discrimination, including:
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Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101- 12213), which prohibits discriminationon the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd-2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employmentdecisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
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Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(k) DHS policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19;
(I) The Applicant will comply with California's Fair Employment and Housing Act (FEHA) (California Government Code §§12940, 12945, 12945.2), as applicable.
FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, mental and physical disability, genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions; (m)Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.),the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000-21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000-15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
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Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(I) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.),
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: 1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease and desist order pursuant to § 13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
131
Cal OES iliOYERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For CaI OES Federal Non-Disaster Grant Programs
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10.Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant's employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11.Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which provides that Applicant shall not submit a false claim for payment, reimbursement, or advance.
12.Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13.Whistleblower Protections
The Applicant must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
132
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; or (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the_ Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) The Federal Fair Labor Standards Act (29 U.S.C. § 201 et al.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker's Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) Comply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
133
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.); and
(d) Comply with the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
134
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For CaI OES Federal Non-Disaster Grant Programs
20.California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity's grant management activities that are under Federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code section 6250 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
HOMELAND SECURITY GRANT PROGRAM (HSGP) -
PROGRAM SPECIFIC ASSURANCES / CERTIFICATIONS
21.Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22.Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23.Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII they collect. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24.Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
135
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
25.Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26.Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27.Federal Debt Status
The Applicant is required to be non-delinquent in its repayment of any federal debt.
Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28.Fly America Act of 1974
The Applicant must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41 102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
29.Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
136
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For CaI OES Federal Non-Disaster Grant Programs
30.Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.
31.Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32.SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33.Terrorist Financing
The Applicant must comply with Executive Order 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible for ensuring compliance with the Order and laws.
34.Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant's currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
137
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For CaI OES Federal Non-Disaster Grant Programs
35.USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36.Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37.Performance Goals
In addition to the Biannual Strategy Implementation Report submission requirements outlined in the Preparedness Grants Manual, the Applicant must demonstrate how the grant-funded project addresses the core capability gap associated with each project and identified in the Threat and Hazard Identification and Risk Analysis or Stakeholder Preparedness Review or sustains existing capabilities, as applicable. The capability gap reduction or capability sustainment must be addressed in the Project Description of the BSIR for each project.
38.Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to any of its subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
39.Required Use of American iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the "Build America, Buy America" Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use federal financial assistance funds for infrastructure projects unless:
138
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For CaI OES Federal Non-Disaster Grant Programs
(a) All iron and steel used in the project are produced in the United States - this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States - this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
(c) All construction materials are manufactured in the United States - this means that all manufacturing processes for the construction material occurred in the United States.
The "Buy America" preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a Buy America preference under an infrastructure program in certain cases.
On July 1, 2022, OMB approved FEMA's General Applicability Public Interest Waiver of the BABAA requirements to be effective for a period of six months, through January 1, 2023. Applicants will not be required to follow the BABAA requirements for FEMA awards made, and any other funding FEMA obligates, during this waiver period. For any new awards FEMA makes after January 1, 2023, as well as new funding FEMA obligates to existing awards or through renewal awards where the new funding is obligated after January 1, 2023, Applicants will be required to follow the BABAA requirements unless another waiver is requested and approved.
139
Cal OES GOVERNOR'S OFFIC.E
OF EMERGENCY SERVICES
Standard Assurances
For Cal OES Federal Non-Disaster Grant Programs
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc.
Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the Department of Homeland Security Standard Terms and Conditions 2022, Version 3, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-dhs- standard-terms-and-conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant: City of Rocklin
Signature of Authorized Agent:
Printed Name of Authorized Agent: Aly Zimmermann
City Manager
Title: Date: Aug 26, 2024
15 PDT)
140
Exhibit C
EQUIPMENT
NOM UncuMarized aerallons win delay Me approval 01.teguest.
City ol Sacramento
Homeland Security Grant Program - Urban Area Security Initiative FY 2022 Subrecipierg Workbook
for
City of Rockfin
,,,,,,,,, Innial ApWication
Av-0-,I ,
',eject
No.
Earned Descripllon
[Include 4:want,' A. ' AEL Tale
..... SZateren, 7,.=: N'" ::::, v"d6, . rn Number C........ nisposItlan .,. Y. Location e .°
avel 32.
4eld
..' er
APP•aval Dale
Budgeted
Cost
589480
''.F.... ..
717: Amount
- Bequest
50 Be*nlaursenlent
Request 41
Total
Approved
50 Penn.,
Balance
569,080
fi.,_,c,ny 50.0005: EOP FM,/ AVM 9,. w x,,, sou lorc
xxw
H.,G. _f,,I
PnwenrIc me
TED ED TB:, NE,N ir,,, nD ac
Tac $8900
SD 189,080
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141
AUTHORIZED AGENT
NOTE: Unauthorized alterations will delay the approval of this request.
ALN: I HSGP 97.067
City of Rocklin
Supporting Information for Application, Modification, or Request for Federal Funds This request is for a/an: Initial Application August 15, 2024 through April 30, 2025 (Beginring Performance Perica Date) (Ending Performance Period Date) (Recuest 41 (Amount This Request)
Under Penalty of Perjury, l certify that:
l am the duly authorized officer of the claimant herein. This claim is true, correct, and all expenditures were made in accordance with applicable laws, rules, regulations, and grant conditions and assurances.
Statement of Certification - Authorized Agent
By signing this report, l certify, to the best of my knowledge and belief, that the report is true, complete, and accurate, and that the expenditures, disbursements, and cash receipts are for the purposes and objectives set forth in the terms and conditions of the Federal award. l am aware that any false, fictitious, or fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections '799_z7zn nnri
Aly Zimmermann City Manager
Printed Name of Authorized Agent
Tit e of Author zed Agent
Aug 26, 2024 Sigr ature cf Authorized Agent Dote 142
Exhibit D
City of Sacramento
GRANT MANAGEMENT ASSESSMENT QUESTIONNAIRE
ENTITY INFORMATION
Entity Name City of Rocklin Sam.gov UE1# F9JTDAHKSBX5
Entity Type Government other:
CFDA / FAL # & Title 97.067 FY 2022 Homeland Security Grant Program Grant Program Homeland Security Grant Program
City Grant ID # G11016922 City Contract # TBD
Project Title / Descr EOD X-Ray Unit
Performance Period 08/15/2024 through 04/30/2025
Subaward Total $89,080
As required by 2 CFR §200.331, the City of Sacramento is required to evaluate a subrecipient's risk of non-compliance with federal statutes, regulations, and grant terms and conditions. This assessment is made so that the City can determine and provide an appropriate level of technical assistance, training, and grant monitoring in relation to this subaward.
The following questions are related to the subrecipient's experience with managing federal grant resources. This questionnaire must be completed and returned after execution of the underlying subaward agreement.
1. Within the last 5 years, has the entity undergone a Single Audit under OMB A-133 or Subpart F of 2 CFR 200? Yes
2. Fiscal Year of Most Recent Single Audit Report Fiscal Year Ending: 6/30/2023
3. Name of Audit Agency/Firm Chavan & Associates, LLP
4. What was the auditor's opinion?
Unmodified
5. How many findings were there?
0 6. What was the total of questioned costs?
$0
7. Within the last 5 years, has the entity undergone any other types of audits? Yes 8, If "Yes," please select the type of audit:
a. Financial Statement Audit Yes
b. Defense Contract Agency Audit (DCAA) No
c. Other: No
9. Name of Audit Agency/Firm: Financial Statement Audit- Chavan & Associates City of Sacramento l Grant Management Questionnaire (Rev. 4/2022) Page 1 of 3 143
POLICIES & PROCEDURES
ACCOUNTING
10. What type of accounting system does the entity use? Combo: Auto & Manual Does the accounting system have the capability to identify the receipt and expenditure of grant awards separately for each grant award?
Does the accounting system have the capability to record expenditures for each grant award by the budget cost categories shown in the approved budget? Does the accounting system have the capability to record cost sharing ("match") separately for each grant award, and maintain documentation to support recorded match or cost share? Does the accounting system have the capability to accurately track employees' actual time 14 spent performing work for each grant award, and to accurately allocate charges for employee compensation for each grant award, and maintain records to support the actual time spent and specific allocation of charges associated with each employee? Does the entity have written property policies, procedures, and/or guidance that comply with 2 CFR §200.310-200.316?
Does the entity have written procurement policies, procedures, and/or guidance that comply with 2 CFR §§200.317-200.327?
Does the entity's written procurement policies, procedures, and/or guidance prevent
17. entering into procurement contracts with entities and individuals suspended or debarred Yes from procurement contracts under federal awards?
18. What kind of travel policy does the entity use? Entity's Policy
19. Does the entity have written subrecipient policies, procedures and/or guidance that comply with 2 CFR §200.331? Yes
I HIGH RISKSTAT
20. Has a federal grant-making agency designated the entity as "High Risk?" (High risk includes any status under which a federal awarding agency provides additional oversight due to the entity's past performance orother programmatic orfinancial concerns with the entity.) if "Yes", provide an attachment that contains the following for each federal awarding agency No that has des,ignated the entity as high risk:
• Name of the federal awarding agency
• Date the agency notified the entity of the "high risk" designation • Contact information for the "high risk" point of contact (name, phone, and email) • Reason for "high risk" status, as set out by the federal awarding agency
PRIOR GRANT EXPERIENCE
•
21. In the last 5 years, has the entity received any grants from the following:
a, City of Sacramento
if "Yes," please provide a list of past grant awards issued by the City of Sacramento detailing:
• Name of the awarding city department Yes
• Grant Program Title/Description
• Award/Contract Number
• Award Year
• Award Total
b. Other Government Yes
City qf Sacramento I Grant Management Questionnaire (Rev. 4/2022) Page 2 of 3
11. Yes
12. Yes
13. Yes
Yes
15. Yes
16. Yes
144
c. Non-Profit/Philanthropic Organizations Yes
d. None of the Above No
t ENTITY CERTIFICATION (Must be made by the chief executive, executive director, chief financial officer, or other official I with the requisite knowledge and authority.)
On behalf of the applicant entity, l certify to the City of Sacramento that the information provided above is complete and accurate to the best of rny knowledge. l am duly authorized and to make this certification on behalf of the entity.
Signature Karen Srnith Digitally sIgnad by Karen Smith
Date: 2024.03.21 16:18:45 -07'00' Date
Title Administrative Analyst
Yes
City of Sacramento I Grant Management Questionnaire (Rev. 4/2022) Page 3 of 3 145
Logos Imaging LLC
Logos Imaging LLC
PO Box 576
Windsor CO 80550
(866) 939-4044
www.logosimaging.com
Tax ID # 05-0533782
Quotation
Date
8/29/2024
Quote #
8537
Bill To
Rocklin Police Department
4080 Rocklin Road
Rocklin CA 95677
Ship To
Rocklin Police Department
4080 Rocklin Road
Rocklin CA 95677
Quote Expires
11/29/2024
Sales Rep
Matthew Harrington
Currency
USA
Memo
XR200 source
Payment Terms
Net 30
Shipping Via
UPS Ground
Term
FOB
Named Place
Johnstown
Est. Delivery
8 - 12 Weeks ARO
PO:# ________ Date: ___/___/___ Name:_____________________________ Signature: ___________________________ Authorization
By signing below, you (1) confirm that all information in this formal quotation is accurate, (2) accept the billing and shipping Item #
92031-1637-...
90209
55142
55413
91000 US
Detailed Description
Dual Panel XIRÓS II 12x12 and STENÓS II 14x17 Flat Panel Kit Computer kit for Security DR systems.
Includes:
•Getac A140 rugged tablet
•Security software
•Two years software maintenance
Custom tactical backpack for XIRÓS DR systems with XR150 sources
DeWalt powered panel side Wi-Fi radio kit for Gen 2 systems DR power cord kit
Qty
1 1
1 1
1 Units
EA
EA
EA
EA
EA
Rate
76,500.00
4,505.00
546.48
1,374.98
0.00 Amount
76,500.00
4,505.00
546.48
1,374.98
0.00 Subtotal
Shipping Cost (UPS Ground)
Tax
Total
82,926.46
139.49
6,012.17
$89,078.12
146
147
12”x12” XIRÓS II
XIRÓS II DR System
SPECIFICATIONS
Features
• IP67 and Glass-Free
•
3 mm bottom and side border with 80% Fill Factor
• 140 μm Pixel Size, 3.57 lp/mm
• Up to 14 hours of operation on a single charge
Technology Amorphous Silicon with TFT
Weight 4.3 lb (1.9 kg) including battery
Battery life 7 hours (2 batteries in a kit)
Dimensions (Panel) 12.6” x 12.6” x 0.6” (320 x 320 x 15 mm) Pixel Area 11.3” x 11.3” (287 x 287 mm)
Pixel Size 140 μm
Limiting Resolution 3.57 lp/mm
AD Conversion 16 bits
Communications Interface Wireless IEEE 802.11ac
Wired LAN
Communications Range Wireless 150 m with standard antenna*; Wired 25 m with standard cable reel;
Additional network options available
* Line of Sight; higher gain antennas available for longer range.
Logos Imaging’s XIRÓS II, the mid-sized
DR Imaging System, is currently our most
popular product.
• Glass-free
• On-board calibration
• Zero RF signature on startup with on/off
switch for wireless communications
• All batteries used in the system are
removable
• Automatic Exposure Detection (AED)
with no additional accessories
• Android compatible
Contact Logos Imaging
Mailing Address
P.O. Box 576, Windsor, CO 80550
Shipping Address
4523 Endeavor Drive, Unit B, Johnstown, CO 80534
Toll Free +1( 866) 939-4044
Offi c e +1(765) 939-4044
Fax +1(765) 939-4040
Email [email protected]
Web www.logosimaging.com
+1 (866) 939-4044 | [email protected]
148
Get with our Team to set up a demo date.
Sample image taken with XR150 20V (15 pulses) on XIRÓS II panel from 1 meter. 149
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150
Get with our Team to set up a demo date.
Sample image taken with XRS-3 (15 pulses) on STENÓS panel from 1 meter. 151
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City Council Special
Staff Report
Subject:
Whitney Ranch Unit 1 - Notice of Completion Public Improvements Date:
November 19, 2024
Submitted By:
Lynn Toth, Associate Civil Engineer
David Mohlenbrok, Community Development Director
Department:
Community Development
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Accepting the Public Work Known as Whitney Ranch Unit 1 Subdivision, Public Landscape Improvements and Open Space (SD2022-0002), Approving the Notice of Completion, and Authorizing and Directing the Senior Engineer to Execute Said Notice on Behalf of the City (Sunset Ranchos Investors, LLC).
Background:
The tentative subdivision map for Whitney Ranch Unit 1 (SD2022-0002) was approved by the City Council on May 23, 2023, per Resolution No. 2023-73. On December 12, 2023, the City Council approved the Final Map for Whitney Ranch Unit 1 (recorded in Book GG of Maps, at
Subdivision Improvement Agreement (Resolution No. 2023-203) and Subdivision Landscape Agreement (Resolution No. 2023-204). The agreements required the developer, Sunset Ranchos Investors, LLC, to construct certain improvements that are specified to be dedicated to the City, including public landscape Lots A and B, and Open Space Lot D, as shown in Exhibit “A” of the Notice of Completion.
The City’s Engineering Division has completed final inspections and found the work to be complete and in accordance with the plans and specifications. The project is now ready for acceptance.
Fiscal Impact:
The improvements and open space will be maintained by the City, funded through Community Facilities District No. 5.
Item Number C5.
ATTACHMENTS:
1. Resolution
2. Resolution Exhibit 1 - Notice of Completion
3. Resolution Exhibit A
203
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
ACCEPTING THE PUBLIC WORK KNOWN AS WHITNEY RANCH UNIT 1
SUBDIVISION , PUBLIC LANDSCAPE IMPROVEMENTS AND OPEN SPACE (SD2022-0002), APPROVING THE NOTICE OF COMPLETION, AND AUTHORIZING
AND DIRECTING THE SENIOR ENGINEER TO EXECUTE
SAID NOTICE
ON BEHALF OF THE CITY
(Sunset Ranchos Investors, LLC)
WHEREAS, the Whitney Ranch Unit 1 subdivision project installed public improvements that are specified to be dedicated to the City, including landscape Lots A and B and Open Space Lot D; and
WHEREAS, the City’s Engineering Division deems the work complete in accordance with the plans and specifications, and ready for acceptance.
NOW, THEREFORE, the City Council of the City of Rocklin does resolve as follows:
Section 1. The attached Notice of Completion (“Notice”) relative to that public work known as Whitney Ranch Unit 1 Subdivision and Public Landscape Improvements (SD2022-0002), attached hereto and incorporated herein as Exhibit “1” which consists of subdivision improvements, landscape improvements within Landscape Lots A and B, and Open Space Lot D, as identified in Exhibit “A” of the Notice, is hereby approved and the public work accepted.
Section 2. The Senior Engineer is hereby authorized and directed to execute said Notice on behalf of the City of Rocklin.
Section 3. The City Clerk is authorized and directed to record said Notice in the Office of the Placer County Recorder when fully executed and notarized.
PASSED AND ADOPTED this 19th day of November, 2024 by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
204
To Reso No.
Exhibit “1”
Notice of Completion
205
Recording Requested by and Return to:
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
No Fee Per Gov’t Code § 27383
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the public work known as Whitney Ranch Unit 1 Subdivision Improvements and Public Landscape (SD2022-0002) is complete. The location of said project is indicated on the map attached hereto as Exhibit “A” and incorporated herein by this reference. The owner of said project is Sunset Ranchos Investors, LLC. The contractor on said project was A. Teichert & Son, dba Teichert Construction, and the surety on said project was Hanover Insurance Company . The date of completion was October 14, 2024.
I, Larry M. Wing, being first duly sworn, depose and say: I am the Senior Engineer of the City of Rocklin, a general law city in the State of California, owner of the property described in the above Notice of Completion. I am duly authorized to make this verification for and on behalf of the City of Rocklin. I have read the Notice of Completion, and know its contents and the facts stated therein are true.
ATTEST:
__________________________
Avinta Singh, City Clerk
City of Rocklin
_____________________________________
Senior Engineer, City of Rocklin,
3970 Rocklin Road, Rocklin, California –
Owner of the Public Work Improvement
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: Signature:________________________________
Larry M. Wing
Senior Engineer, City of Rocklin
206
207
LOCATION EXHIBIT
208
City Council Special
Staff Report
Subject:
Authorization Increase for Purchases through Cooperative Purchase Agreements
Date:
November 19, 2024
Submitted By:
Jeff Scanlon, Administrative Analyst
Veronica Tracy, Parks and Recreation Director
Department:
Parks and Recreation
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Authorizing the City Manager to Increase the Purchasing Authorization Amount with Nutrien Ag Solutions, Inc. for Various Parks and Landscape Purchases through Cooperative Purchase Agreements for Fiscal Year 2024/25.
Background:
On July 1, 2024, the City Manager executed the Authorized Cooperative Purchase Agreements Memo for Fiscal Year (FY( 2024/25, which authorized departments to make on- going purchases of goods and services through cooperative purchase agreements consistent with Rocklin Municipal Code sections 3.04.090 (C) and (D). These sections allow for the use of cooperative purchasing programs and piggyback purchasing utilizing purchase agreements and contracts maintained by other governmental agencies. Per the memo, under the authorized cooperative agreements, the purchasing limit is set at $50,000 for Nutrien Ag Solutions, Inc. for FY 2024/25 (Attachment 2).
Staff has identified additional purchases needed for on-going Citywide operations for FY 2024/25, including herbicides, pesticides, and turf management supplies, that can be made under this cooperative purchase agreement. These purchases were not included in the amounts previously authorized. Staff recommends increasing the purchasing authorization amount to $200,000 for Nutrien Ag Solutions, Inc.
Fiscal Impact:
There is no additional fiscal impact to the staff recommendation. Sufficient funds are available in the FY 2024/25 Operating Budget to accommodate this increase.
Item Number C6.
ATTACHMENTS:
1. Resolution
2. City Manager Memo Authorizing Cooperative Purchase Agreements FY 2024/25 209
Resolution No. 2024- November 19, 2024 Page 1 of 2
1 RESOLUTION NO. 2024 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
AUTHORIZING THE CITY MANAGER TO INCREASE THE PURCHASING AUTHORIZATION AMOUNT WITH NUTRIEN AG SOLUTIONS, INC. FOR VARIOUS
PARKS AND LANDSCAPE PURCHASES THROUGH COOPERATIVE PURCHASE AGREEMENTS FOR FISCAL YEAR 2024/25
WHEREAS, On July 1, 2024, the City Manager executed the Authorized Cooperative Purchase Agreements Memo for FY 2024/25, authorizing the purchase of various goods and services through cooperative purchase agreements under Rocklin Municipal Code sections 3.04.090 (C) and (D); and
WHEREAS, the Memo authorized the use of various cooperative agreements, including Nutrien Ag Solutions, Inc. up to $50,000; and WHEREAS, additional parks and landscape purchases needed for on-going Citywide operations for Fiscal Year (FY) 2024/25 have been identified and can be purchased under the existing cooperative purchase agreements; and WHEREAS, staff recommends an increase in the total not-to-exceed amount by $150,000 with Nutrien Ag Solutions, Inc. under the cooperative purchasing agreements listed in Exhibit A, bringing the new total to $200,000; and WHEREAS, the costs of this increase are included in the Fiscal Year (FY 2024/25) Operating Budget.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Rocklin as follows:
Section 1. The City Manager may execute one or more contracts, including amendments, and including retroactive contracts or amendments, to purchase goods, services, or both within the scope of the description set forth in Exhibit A or as otherwise provided by the Cooperative Purchase Agreements, from Nutrien Ag Solutions, Inc. through the Cooperative Purchasing Agreements listed in Exhibit A, provided that the City Attorney approves each such contract or amendment as to form and further provided that the total contract not-to-exceed amount of all such contracts shall not exceed $200,000.
210
Resolution No. 2024- October 22, 2024 Page 2 of 2
1 PASSED AND ADOPTED this 19th day of November, 2024, by the following vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
_______________________________
Greg Janda, Mayor
ATTEST:
______________________________
Avinta Singh, City Clerk
211
Exhibit A to
Reso No. 2024-
Exhibit A
Nutrien Ag Solutions, Inc. Cooperative Purchase Agreements for FY 2024/25
Vendor Name
Not-to-
Exceed -
Amount
Cooperative Purchase
Agreement Description
Nutrien Ag
Solutions, Inc.
$200,000 Pavilion #MA-080-22010352 Parks and Landscape
herbicides, pesticides,
and turf management
supplies.
212
DATE: July 1, 2024
TO: Aly Zimmermann, City Manager
Matthew McOmber, City Attorney
From: Megan Bressem, Management Analyst
CC: Daniel Choe, Deputy Director of Administrative Service Tameka Usher, Director of Administrative Services
Avinta Singh, City Clerk
RE: Authorizing Purchasing of Goods and Services through Cooperative Purchase Agreements and Piggyback Purchasing
2024/25
Throughout the year, City departments have a need for ongoing purchasing of goods and services for departmental operations. These purchases are necessary to ensure the continued delivery of programs and services Citywide. Staff reviewed historical Citywide expenditures for vendors associated with cooperative purchasing programs and piggyback purchasing and estimated the anticipated costs for goods and services for FY 2024/25.
Under the Rocklin Municipal Code, certain contracts require procurement through formal bidding or similar competitive bidding procedures. Some exceptions to this requirement are set forth in Rocklin Municipal Code section 3.04.090.
The City Manager may approve use of Cooperative Purchasing/Procurement for purchases of goods or procurement of services of up to $50,000 without separate competitive bidding by the City if a governmental agency has solicited bids and awarded a contract for the goods or services which the City desires to obtain, and participation in such an arrangement is agreeable to the bidder awarded the contract for amounts up to $50,000 (Rocklin Municipal Code section 3.04.090(C)(2)). A contract directly between the City and the vendor is still required for the purchase of goods or the procurement of services rendered through a cooperative purchasing arrangement, unless otherwise approved by the City Attorney. (Rocklin Municipal Code 3.04.090(C)(3)).
The City Manager may also approve use of Piggyback Purchasing, without prior competitive bidding, to contract for the purchase of goods or procurement of services of up to $50,000 with vendors who have been awarded contracts by government agencies (i.e., California Multiple Award Schedule (CMAS) contracts), for the purchase of goods or services under the competitive processes applicable to the government agency, within the past twelve months (Rocklin Municipal Code section 3.04.090(D)). A contract directly between the City and the vendor is required for the purchase of goods or the 213
FY 2024/25 Cooperative Purchasing Memo
procurement of services rendered through a piggyback purchasing arrangement, unless otherwise approved by the City Attorney (Rocklin Municipal Code section 3.04.090(D)).
The City has arrangements/memberships with a number of cooperative purchasing programs which allow member public agencies to aggregate individual purchasing power and achieve greater volume discounts.
Public agencies competitively solicit and award agreements which are then made available to other member agencies and nonprofit organizations. By using this process, local government agencies can achieve better pricing and streamline purchases by removing repetitive, resource intensive, and costly bid procedures associated with routine purchases.
Vendors with anticipated costs up to $50,000 in FY 2024/25 have been identified. This Memorandum confirms that the City Manager authorizes use of the Cooperative Purchase or Piggyback contracts and their corresponding vendors in Exhibit A for the total combined purchases for each vendor in the amount up to $50,000 through June 30, 2025. The table in Exhibit A includes the cooperative purchase agreements/multiple award schedule contracts to be utilized, and a description of the goods and services to be procured. Authorizing the vendors and agreements through this memo streamlines the procurement process and allows for efficiency
Purchase or Piggyback contracts at one time rather than departments submitting separate requests on a contract-by-contract basis to utilize the Cooperative Purchasing/Procurement and Piggyback Purchasing exceptions on a case-by-case basis. Accordingly, if utilizing a Cooperative Purchase or Piggyback Contract as approved by the City Manager under this Memo, departments are not required to separately submit a Competitive Bidding Worksheet to the City Manager to obtain approval for use of such cooperative or piggyback agreements and are not required to separate competitive bidding.
Authorization is granted for Departments to make on-going purchases of goods and services from the vendors listed in Exhibit A, attached and incorporated herein, utilizing the identified cooperative purchase agreements and governmental agency contracts for piggyback purchasing without separate competitive bidding, up to $50,000 per vendor for Fiscal Year 2024/25. As noted above, a contract directly between the City and the vendor is still required in accordance with the Rocklin Municipal Code, all such contracts and City Attorney Instructions for Submitting Contracts. 214
FY 2024/25 Cooperative Purchasing Memo
Exhibit A
Cooperative Purchase Agreements & Piggyback Contracts by Vendor for FY 2024/25 Vendor Name Cooperative Purchase Agreement/
Piggyback Contract Description
Aardvark GSA #FA-07F-141DA Ballistic personal
protective gear, tactical
gear, equipment and
supplies
The ABY Manufacturing Group,
Inc. dba Entenmann-Rovin Co.
Pavilion #240102
Pavilion #MA-060-20010430
Badges, awards and
medals
ARC Document Solutions, LLC CMAS #3-21-10-1057
GSA #GS-03F-142DA
Plotter service and
supplies
Bobcat Company/Clark
Equipment Company dba Bobcat
Company/Clark Equipment
Company dba Doosan Portable
Power
NASPO ValuePoint #E194-81037
Sourcewell #031121-CEC
Sourcewell #020223-CEC
Sourcewell #020923-CEC
Light construction
equipment and
landscape and grounds
maintenance equipment
Caterpillar Inc. (Holt of CA) Sourcewell #092222-CAT
Sourcewell #011723-CAT
Sourcewell #020223-CAT
Sourcewell #062320-CAT
Sourcewell #060122-CAT
Heavy construction and
paving equipment, and
machines, tools, and
equipment rentals
Cintas Corporation OMNIA Partners #R-BB-19002
OMNIA Partners #222886
First aid/safety supplies
Clean Harbors Environmental
Services, Inc. (Safety-Kleen
Systems, Inc)
OMNIA Partners #2023-003937 Hazardous waste
supplies and disposal
Crafco Inc. Sourcewell #080521-CFC Roadway maintenance supplies, equipment and
services
Dave Bang Associates
Incorporated of California/
PlayPower, Inc.
CMAS #4-22-06-1062
Sourcewell #010521-LTS
Parks bench
replacements, Wabash
benches
Deere & Company CMAS #4-07-23-0007C
GSA #GS-30F-0007T
Sourcewell #031121-DAC
Vehicle equipment and
parts
EPIC Business Essentials OMNIA Partners #R190301 Office supplies Exp Federal Inc. (Uline) GSA #GS-21F-0147V Shipping, industrial and packaging materials
Fastenal Company OMNIA Partners #R192001
OMNIA Partners #2018.000208
Maintenance, repair,
and operations supplies
and equipment
Ford Motor Company
Sourcewell #101520-FMC Genuine Ford parts for
fleet vehicles
215
FY 2024/25 Cooperative Purchasing Memo
Vendor Name Cooperative Purchase Agreement/
Piggyback Contract Description
Goodyear/The Goodyear Tire &
Rubber Company
NASPO ValuePoint #24155 Tires
HD Supply Facilities Maintenance,
Ltd./Home Depot U.S.A., Inc.
OMNIA Partners #16154 Maintenance, repair,
and operations supplies,
industrial supplies and
related products and
services
John Deere Shared Services LLC,
DBA John Deere Construction
Retail Sales (Pape Machinery Inc)
Sourcewell #011723-JDC Vehicle equipment and
parts
Kustom Signals, Inc. NASPO ValuePoint #00218 Police radar/lidar speed enforcement and speed
advisory systems, parts
and accessories
Life Assist, Inc. NPPGov #PS23120 EMS medical supplies
and equipment
Lowe's Home Centers, LLC OMNIA Partners #R192006 Maintenance, repair, and operations supplies,
industrial supplies and
related products and
services
Mallory Safety and Supply LLC OMNIA Partners #159498 Fire safety, equipment and supplies
Municipal Emergency Services,
Inc./Lawmen Supply Company
NPPGov #PS20120
NPPGov #PS20070
NPPGov #PS20040
Fire PPE, equipment,
and self-contained
breathing apparatus
Musco Sports Lighting, LLC Sourcewell #071619-MSL
Sourcewell #041123-MSL
Sports lighting
replacement parts and
annual control link
service fees
Neptune Technology (Authorized
Retailer/Distributor/Dealer
Ferguson Enterprises, Inc. dba
Ferguson Waterworks)
OMNIA Partners #02-138 Plumbing supplies,
HVAC products and
building supplies
Nutrien Ag Solutions, Inc. Pavilion #MA-080-22010352 Parks and landscape fertilizer, herbicide, and
seed
Sourcewell #032521-ORA Vehicle equipment and
parts
Panasonic Connect North America
(Stommel, Inc. dba Lehr)
NASPO ValuePoint #23019
NASPO ValuePoint #MNWNC-124
CMAS #7-23-70-55-10
MDT replacements and
Cradlepoint NetCloud
license renewal
216
FY 2024/25 Cooperative Purchasing Memo
Vendor Name Cooperative Purchase Agreement/
Piggyback Contract Description
Parts Authority, LLC CMAS #7-21-99-41-03 Vehicle equipment and parts
Ridgeline Technology/Synnex
Corporation
CMAS #3-20-70-2506E Public safety vehicle
computer replacements
Ross Recreation Equipment, Inc. NPPGov #PS21070 Recreation equipment, including swings
San Diego Police Equipment Co
Inc
Statewide Contract CaleProcure
#1-21-13-02A
Ammunition
SHI International, Corp./SHI
International
CMAS #3-20-00-0526A
CMAS #3-23-04-1001
CMAS #3-23-04-1003
Sourcewell #081419-SHI
OMNIA Partners #2018011-02
OMNIA Partners #R220804
Fortigate firewall
renewals
Snap-on Industrial, A Division of
IDSC Holdings LLC
NASPO ValuePoint #OK-MA-818-900
Sourcewell #013020-SNP
CMAS #4-21-03-1026
Fleet maintenance
equipment and tools
Stryker Medical (formerly Physio-
Control, Inc.)
NASPO ValuePoint #OK-SW-300 Lifepak automated
external defibrillator
(AED) devices
Sunbelt Rentals, Inc. OMNIA Partners #R200601
Sourcewell #062320-SNB
Equipment and tool
rentals
Tetra Tech, Inc./Advanced
Management Technology, Inc.
CMAS #3-22-02-1005
GSA #GS-35F-037GA
H-GAC #HP08-21
Any related services
needed outside of the
current contract for
monitoring the City's
inactive landfills,
including additional
monitoring and
maintenance
Thyssen-Krupp Elevator Sourcewell #080420-TKE Elevator maintenance and repair
Traffic & Parking Control Co. CMAS #4-08-78-0042A
Traffic control
equipment and signs,
and safety lighting
Verizon Business Services/MCI
Communications Services Inc.
CMAS #3-21-09-1011 Communication services
W. W. Grainger Inc. OMNIA Partners #MA3461
OMNIA Partners #2018.000207
Sourcewell #032620-WWG
Sourcewell #101320-WWG
Sourcewell #040220-WWG
Sourcewell #080922-WWG
Sourcewell #091422-WWG
Sourcewell #090122-WWG
Maintenance, repair,
and operations supplies
and equipment
217
FY 2024/25 Cooperative Purchasing Memo
_________________________________
Aly Zimmermann, City Manager
_________________________________
Matthew McOmber, City Attorney
218
City Council Special
Staff Report
Subject:
Green River Holdings, LLC, Landscape Maintenance Agreement Date:
November 19, 2024
Submitted By:
Rick Lawrence, Public Works Manager
Justin Nartker, Public Works Director
Department:
Public Works
Recommendation:
Adopt a Resolution of the City Council of the City of Rocklin Approving and Directing Execution of a Landscaping Maintenance Agreement (Green River Holdings, LLC).
Background:
As part of the Green River Holdings, LLC project, the developer (Green River Holdings, LLC) has agreed to maintain the city-owned landscape area within the City-owned right-of-way along the Green River Holdings, LLC perimeter, located on Sunset Boulevard (see Attachment 2 for a Project Location Map). A Landscape Maintenance Agreement is required to formalize this arrangement. This agreement will ensure a uniform landscape treatment and simplify maintenance responsibilities. Green River Holdings, LLC will maintain the landscape and the City will maintain the irrigation system on the city-owned right-of-way located on Sunset Boulevard as identified on the Project Location Map.
This agreement provides a benefit to both Green River Holdings, LLC and the City by eliminating the need to install duplicative irrigation systems for both the project frontage and the City’s right-of-way. It also provides the developer control of the aesthetics of their frontage and offers long-term maintenance savings to the City. The agreement requires the developer to maintain proper insurance coverage, naming the City as an additional insured. The agreement also includes the City’s standard hold-harmless provision.
Staff has determined that this agreement is beneficial to the City, and recommends approval.
Fiscal Impact:
There is no impact to the General Fund from the staff recommendation.
Item Number C7.
ATTACHMENTS:
1. Resolution with Exhibit A - Landscape Maintenance Agreement
2. Project Location Map
219
RESOLUTION NO. 2024-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROCKLIN
APPROVING AND DIRECTING EXECUTION OF A LANDSCAPING MAINTENANCE AGREEMENT (Green River Holdings, LLC)
WHEREAS, on October 17, 2017, the City of Rocklin Planning Commission approved the design review for Green River Holdings, LLC by Planning Commission Resolution No. PC 2017-38 (Stanford Plaza Phase IC / DR2017-0009).; and, WHEREAS, Condition No. 6(a) of the Design Review requires the Developer and the City enter into a Landscape Maintenance Agreement whereby the property owner shall maintain all plant materials in the landscaped right-of-way adjacent to Developer’s property and the City shall maintain the irrigation system in the right- of-way property.
The City Council of the City of Rocklin does resolve as follows:
Section 1. The City Council of the City of Rocklin approves and directs the City Manager to execute an agreement for landscaping maintenance between the City of Rocklin and Green River Holdings, LLC, in the form attached hereto as Exhibit A and by this reference incorporated herein.
Section 2. The City Clerk is authorized and directed to record the Landscaping Maintenance Agreement in the Office of the Placer County Recorder when fully executed and notarized.
PASSED AND ADOPTED this 19th day of November, 2024, by the following roll call vote:
AYES: Councilmembers:
NOES: Councilmembers:
ABSENT: Councilmembers:
ABSTAIN: Councilmembers:
____________________________________
Greg Janda, Mayor
ATTEST:
____________________________
Avinta Singh, City Clerk
220
Recording Requested by
and Return to:
No Fee Per Gov’t Code § 27383
City Clerk
City of Rocklin
3970 Rocklin Road
Rocklin, CA 95677
LANDSCAPING MAINTENANCE AGREEMENT
(Green River Holdings, LLC)
This Agreement is entered into as of November 19, 2024, by and between the City of Rocklin, a municipal corporation (“City”) and Green River Holdings, LLC (“Developer”).
RECITALS
1. Developer has received approval for and is pursuing construction of the project known as Green River Holdings, LLC (“Project”) approved by Rocklin Planning Commission Resolution No. PC 2017-38 on October 17, 2017.
2. The Developer’s Project includes a landscaped area that is immediately adjacent to the landscaped right-of-way of Sunset Boulevard owned by the City. The landscaped areas of the Project and the adjacent right-of-way are depicted on Exhibit A, attached hereto and by this reference is incorporated herein, (“Landscaped Area”). The portion of the Landscaped Area within the City right-of-way would normally be maintained by the City out of revenues generated by CFD 5 (the “District”) of which the Project is a part. However, Condition of approval No. 6 (a) of the design review approval for the Project requires the Developer to maintain the plant materials in the right-of-way adjacent to the landscaped area of Developer’s property.
3. To insure a uniform landscaping treatment and simplify maintenance responsibilities and pursuant to Condition of Approval No. 6(a), City and Developer enter into this Agreement to require the Developer to landscape the right-of-way portions of the Landscaped Area along with the Project landscaping and assume maintenance responsibility for the entire Landscaped Area except the City shall maintain the irrigation system in the City’s right-of-way portion of the Landscape Area. 221
4. Developer shall prepare and submit to the City’s Director of Community Development and the City’s Public Works Director final landscape and irrigation plans for all of the Landscaped Area shown on Exhibit A and in compliance with all conditions of Project approval.
5. Developer shall obtain an encroachment permit for all improvements within the public right-of-way. Developer shall post a performance bond and labor and materials payment bond (or other equivalent financial security) in the amount of 100% of the cost of the improvements to be constructed in the public right-of-way as improvement security to ensure the faithful performance of all duties and obligations required of Developer in the construction of the improvements. Such improvement security shall be in a form acceptable to the City Attorney. Such security shall be either a corporate surety bond, a letter of credit, or other instrument of credit issued by a banking institution subject to regulation by the State or Federal government and pledging that the funds necessary to carry out this Agreement are on deposit and guaranteed for payment, or a cash deposit made either directly with the City or deposited with a recognized escrow agent for the benefit of the City.
6. Developer shall supply City with a complete set of as-built plans of the landscaping and irrigation system within five (5) days of final inspection and approval.
7. Developer shall at all times maintain the Landscaped Area in a professional manner commensurate with the standard of maintenance provided by City in its landscaped rights-of-way in the vicinity of the Project site, except that City shall maintain the irrigation system in the right-of-way portion of the Landscaped Area.
8. Insurance.
A. Developer shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of work under this Agreement and the results of that work by Developer, its agents, representatives, employees, or subcontractors. All coverage available to the Developer as named insured shall be made available to the City, its officers, employees and volunteers as additional insured.
Developer shall provide to City the full policy limits of Developer’s insurance, with coverage at least as broad as, and limits no less than, the following:
1. General Liability. Developer shall maintain in full force and effect a policy of commercial general liability insurance (ISO occurrence form CG0001) with limits no less than the following: two million dollars ($2,000,000) per occurrence for bodily injury, personal injury, and property damage. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this agreement, or the general aggregate limit shall be twice the required occurrence limit. 222
2. Worker’s Compensation and Employer’s Liability Insurance.
Developer shall fully comply with the law of California concerning worker’s compensation. Said compliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability Developer may have for worker’s compensation. Developer shall also maintain in full force and effect a policy of employer’s liability insurance with limits no less than the following: one million dollars ($1,000,000) each accident; one million dollars ($1,000,000) policy limit bodily injury by disease; one million dollars ($1,000,000) each employee bodily injury by disease.
3. Automobile. Developer shall maintain in full force and effect a policy of commercial automobile liability insurance (ISO Form CA0001 Code 1 (any auto) or Code 8, 9 if no automobiles owned), with limits no less than the following: one million dollars ($1,000,000) per accident for bodily injury and property damage.
B. The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:
1. The City, its officers, employees and volunteers shall be added as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of Developer, and with respect to liability arising out of work or operations performed by or on behalf of the Developer including materials, parts or equipment furnished in connection with such work or operations. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under subdivision (b) of section 2782 of the Civil Code.
2. For any claims related to work or operations performed by or on behalf of Developer, the Developer’s insurance coverage shall be primary insurance as respects the City, its officers, employees, and volunteers. Any insurance or self- insurance maintained by the City, its officers, employees, or volunteers shall be excess of the Developer's insurance and shall not contribute with it.
3. Coverage shall not be cancelled by the Insurer except after thirty (30) days prior written notice has been given to the City.
C. The insurance company or companies providing Developer the coverages required by this Agreement shall be admitted in the State of California and have a current A.M. Best’s rating of no less than A:VIII or equivalent acceptable to City.
D. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees 223
and volunteers; or the Developer shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
E. The insurance shall be maintained from the time the work first commences until completion of the work under this Agreement and shall be on an occurrence policy form.
F. If Developer, for any reason, fails to maintain insurance coverage which is required under this Agreement, the failure shall be deemed a material breach of contract. City, at its sole option, may terminate this Agreement and obtain damages from Developer resulting from the breach.
G. Developer shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
H. Developer shall furnish City with original certificates and amendatory endorsements effecting coverage required by this Agreement. The certificates and endorsements should be on forms provided by the City, or on other than the City’s forms, provided those endorsements or certifications conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by this Agreement at any time.
Developer shall replace certificates of insurance for policies expiring prior to completion of the work under the Agreement, and shall continue to furnish certificates for five years beyond the Agreement terminate date, when the Developer has a claims made form of insurance.
I. The worker’s compensation and employee’s liability insurance are to contain, or be endorsed to contain, the following provision: the State Compensation Insurance Fund waives any right of subrogation against the City, its officers, employees, and volunteers, which might arise by reason of any payment by the State Compensation Insurance Fund in connection with work performed by Developer under this Agreement.
9. Developer shall defend, indemnify and hold harmless City, its officers, officials, employees and volunteers from and against all claims, damages, losses, and expenses, including litigation costs and attorneys fees, arising out of Developer's performance or non-performance of its duties and obligations under this Agreement, caused in whole or in part by any negligent act or omission of Developers, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for 224
whose acts any of them may be liable, except where caused by the active negligence, sole negligence, or willful misconduct of City.
10. Developer agrees to remedy any defects in the landscaping and irrigation system within the Landscaped Area arising from faulty or defective design or construction occurring at any time during the term of this Agreement, except that Developer shall have no responsibility for maintaining the irrigation system in the City’s right-of-way.
11. Attorney Fees; Litigation Costs.
If the services of any attorney are required by any party to secure the performance of this Agreement or otherwise upon the breach or default of another party, or if any judicial remedy or arbitration is necessary to enforce or interpret any provisions of this Agreement or the rights and duties of any person in relation to this Agreement, the prevailing party shall be entitled to reasonable attorney’s fees, costs and other expenses in addition to any other relief to which such party may be entitled.
Prevailing party includes (a) a party who dismisses an action in exchange for sums allegedly due; (b) the party that receives performance from the other party of an alleged breach of covenant or a desired remedy, if it is substantially equal to the relief sought in an action; or (c) the party determined to be prevailing by a court of law.
Whenever provision is made in this Agreement for the payment of attorney’s fees, such fees shall be payable whether the legal services are rendered by a salaried employee for the party or by independent counsel and shall include such fees as are incurred in connection with any pretrial proceeding, trial or appeal of the action.
Any award of damages following judicial remedy or arbitration as a result of the breach of this Agreement or any of its provisions shall include an award of prejudgment interest from the date of the breach at the maximum amount of interest allowed by law.
12. This Agreement may be terminated by either party upon thirty (30) days written notice to the other. Upon notice of termination being given, and within that thirty (30) day period, Developer shall complete the following requirements:
A. Developer, at its sole cost, shall provide for the continued landscape maintnenace of the public right-of-way portion of the Landscaped Area, separate from the privately owned portion of the Landscaped Area, except for the irrigation system in the right-of-way portion of the Landscaped Area, which the City will maintain.
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B. If the Developer fails to perform the work necessary to maintain the landscape within the City’s right-of-way portion of the Landscaped Area (except for the irrigation system in the right-of-way portion), the City may at its option, perform or cause to be performed said work on behalf of Developer and assess a lien against Developer’s property for the cost of the work.
13. The obligations set forth in this agreement are covenants that run with the land and are appurtenant to and shall burden Developer's property (and any portion into which such property may hereafter be divided), and are for the benefit of the adjacent City owned right-of-way.
14. This Declaration shall inure to the benefit of and be binding upon Developer, and their respective heirs, personal representatives, successors and assigns, and upon any person acquiring Developer’s property, or any portion thereof, or any interest therein, whether by operation of law, foreclosure, trustee’s sale, deed in lieu of foreclosure, or otherwise.
15. Notices shall be deemed given when mailed first class, postage prepaid, or personally delivered to the principal office of the other party at the following address:
City: City of Rocklin
c/o City Manager
3970 Rocklin Road
Rocklin, California 95677
Developer: Green River Holdings, LLC
837 Jefferson Blvd.
West Sacramentom, CA 95691
Notices may be sent to such other persons and addresses as either party may designate from time-to-time in writing.
16. This Agreement shall be recorded in the Office of the Placer County Recorder.
The parties have executed this Agreement on the date first above written.
CITY OF ROCKLIN
By:_______________________________________
Aly Zimmermann, City Manager
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DEVELOPER:
Signature:_________________________________
Print Name:____Mark Engstrom_______________
Its:_______________________________________
APPROVED AS TO FORM
Crystal Hodgson, Assistant City Attorney
ATTEST
Avinta Singh, City Clerk
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ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On ______________ before me, ____________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________. (Seal)
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ACKNOWLEDGEMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
County of ______________
On ______________ before me, ____________________________, Notary Public, personally appeared ____________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature ____________________________. (Seal)
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