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HomeMy WebLinkAboutPD Office of Traffic Safety Grant Approval____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: September 18, 2023 Disposition: Resolution 15251 Agenda Item No: 4.c Meeting Date: September 18, 2023 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Police Department Prepared by: Alex Holm, Lieutenant City Manager Approval: ______________ TOPIC: OFFICE OF TRAFFIC SAFETY GRANT APPROVAL SUBJECT: RESOLUTION ACCEPTING THE STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY “TRAFFIC RECORDS IMPROVEMENT PROJECT” GRANT FUNDS IN THE AMOUNT OF $12,900, AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT. RECOMMENDATION: Staff recommends that the City Council adopt the resolution approving the utilization of $12,900 from the California Office of Traffic Safety Traffic Records Improvement Project grant funds and authorizing the City Manager to execute the Grant Agreement. BACKGROUND: The San Rafael Police Department (Police Department) is required by law to send all traffic collision reports to the California Highway Patrol (CHP) Statewide Integrated Traffic Records System (20008 (a) CVC). These reports are currently authored through the computer aided dispatch and records management system, which are then submitted via the United States Postal Service. This process results in significant personnel time and resources being expended each month and approximately thirty to forty personnel hours per year. To streamline the submission process to the Statewide Integrated Traffic Records System, Police Department has identified a software solution which would allow the Police Department to submit the reports electronically. In 2022, the Police Department discovered the availability of OTS grant funding to implement electronic collision report submission solutions. Accordingly, an application for the Traffic Records Improvement Project (TRIP) grant was submitted in January 2023. The grant has been conditionally approved by OTS pending City approval. ANALYSIS: Less than twenty percent of California law enforcement agencies currently electronically transfer collision data to the California Highway Patrol Statewide Traffic Records System, with no Marin County Law Enforcement Agencies utilizing this method. The Police Department aims to lead by example, leveraging technological advancements for efficiency. By obtaining approval for the OTS TRIP Grant fund acceptance, the San Rafael Police Department will procure Sun Ridge System’s "CHP 555 Transfer SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 Interface" module, facilitating electronic submission of traffic collision cases to the Statewide Traffic Records System. This electronic transfer will automate data formatting and input into the State records management system, providing real-time access to uniform traffic statistics. Moreover, this initiative seeks to encourage other Marin County Law Enforcement Agencies to embrace electronic filing. Electronic submission of traffic collision data is anticipated to significantly reduce staff time and CHP's turnaround time for publishing collision data. Presently, the manual submission process contributes to up to a two to three-year backlog of traffic records statistics, delaying analysis, planning, and safety improvement initiatives. The San Rafael Police Department's proactive approach supports efficiency by electronically transmitting collision report data. COMMUNITY OUTREACH: None recommended. FISCAL IMPACT: The recommendation included in this staff report authorizes acceptance of a State OTS grant of $12,900 as well as a corresponding budget augmentation establishing an appropriation for the expenditure of grant funds. Acceptance of the grant results in no net-impact on local funding as the grant will fully cover the one-time $12,900 cost of the Sun Ridge System’s "CHP 555 Transfer Interface" module. OPTIONS: The City Council has the following options to consider on this matter: 1.Authorize the City Manager to accept the grant award. 2.Direct staff to return with more information. 3.Take no action. RECOMMENDED ACTION: Staff recommends that the City Council adopt the resolution approving the utilization of $12,900 from the California Office of Traffic Safety Traffic Records Improvement Project grant funds and authorizing the City Manager to execute the Grant Agreement. ATTACHMENTS: 1.California Office of Traffic Safety Traffic Records Improvement Project Grant – Tentative Agreement 2.Quote from Sun Ridge Systems for the “CHP 555 Transfer Interface and Allied Agency Reporting Service” add-on module 3. Resolution State of California -Office of Traffic Safety GRANT AGREEMENT 1. GRANT TITLE Traffic Records Improvement Project 2. NAME OF AGENCY San Rafael 4. AGENCY UNIT TO ADMINISTER GRANT San Rafael Police Department 5. GRANT DESCRIPTION 3. Grant Period From: 10/01/2023 To : 09/30/2024 GRANT NUMBER TR24022 State and local agencies need timely, accurate, complete, accessible, and uniform traffic records to identify and prioritize traffic safety issues, to choose appropriate safety countermeasures and evaluate their effectiveness. Traffic records improvement grants provide traffic safety stakeholders with the ability to plan and initiate traffic records improvement projects such as the purchase and implementation of traffic crash reporting systems as well as electronic citation equipment and software. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $12,900.00 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.qov. 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 8. AUTHORIZING OFFICIAL NAME: Justin Graham NAME: Christine Alilovich TITLE : Administrative Services Sergeant TITLE : City Manager EMAIL : 494@srpd.org EMAIL : christine .alilovich@cityofsanrafael .org PHONE : (415) 485-3000 PHONE : (415) 485-3070 ADDRESS : 1375 Fifth Avenue ADDRESS : 1400 Fifth Avenue San Rafael , CA 94901 San Rafael , CA 94901 (Signature) (Date) (Signature) (Date) C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Beth Minka NAME: Barbara Rooney TITLE : Police Business Office Administrator TITLE : Director EMAIL : 412@srpd .org EMAIL : barbara .rooney@ots .ca .gov PHONE : ( 415) 485-3040 PHONE : (916) 509-3030 ADDRESS: 1375 Fifth Avenue ADDRESS : 2208 Kausen Drive , Suite 300 San Rafael , CA 94901 Elk Grove , CA 95758 (Signature) (Date) (Signature) (Date) 8/28/2023 8:57:48 AM Page 1 of 13 E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 10. PROJECTED EXPENDITURES SAM#: CRDWQSJB4AR1 REGISTERED ADDRESS: 1400 5th Avenue, Room 204 CITY: San Rafael, CA 94901-1993 ZIP+4: San Rafael 94901-1993 FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED EXPENDITURES AGREEMENT $12,900.00 TOTAL AMOUNT ENCUMBERED BY THIS DOCUMENT $12,900.00 I CERTIFY upon my own personal knowledge that the budgeted PRIOR AMOUNT ENCUMBERED FOR THIS funds for the cu"ent budget year are available for the period and purpose of the expenditure stated above. AGREEMENT $ 0.00 OTS ACCOUNTING OFFICER'S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $12,900.00 8/28/2023 8:57:48 AM Page 2 of 13 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule A 1. PROBLEM STATEMENT GRANT NUMBER TR24022 In 2022 and 2023, The California Office of Traffic Safety notified OTS STEP Grant Agencies, including the San Rafael Police Department (SRPD), that grant funding existed to enable police agencies to be able to send crash reports to CHP SWITRS electronically versus hand mailing them to CHP SWITRS. This would greatly increase the turnaround time that CHP SWITRS published crash data. The San Rafael Police Department is currently one of the many agencies that are sending crash reports via the mail to SWITRS. The San Rafael Police Department has the desire to be proactive and support the more efficient ability to send collision report data electronically with the hopes of getting the CHP SWITRS data backlog reduced from several years to less than a year. There are no Marin County Law Enforcement Agencies filing electronically. The San Rafael Police Department strives to be a model agency for advancing its capabilities through technological advancement. SRPD would set an example for our Marin County Law Enforcement partners to join the capability of electronically filing crash data to CHP SWITRS. The San Rafael Police Department will more efficiently send crash data to CHP SWITRS, so that in turn CHP SWITRS can decrease the backlog in publishing crash data that the San Rafael Police Department uses. 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. B. Objectives: 1. Purchase a new electronic crash reporting program or upgrade an existing electronic crash reporting program to the latest version available that includes the capability of exporting complete crash report records to a departmental records management system (RMS) and the California Highway Patrol's Statewide Integrated Traffic Records System (SWITRS). 3. METHOD OF PROCEDURE A. Phase 1 -Program Preparation (1 st Quarter of Grant Year) • Determine specific system requirements. • Determine specific equipment requirements. • Request vendor price quotation per host agency requirements. • Procure an electronic crash reporting system with the following functionalities: • System licensing with installation and training. • GIS based mapping. • Segment crash diagraming tool. • Ability to create or import crash reports. • Ability to import and export agency RMS files. • Ability to perform complete analysis of crash reports. • Secure database accessible by appropriate agency personnel. Target Number 1 • Ability to export complete crash report to the California Highway Patrol's Statewide Integrated Traffic Records System. B. Phase 2-Program Operations (Throughout Grant Year) • Select vendor for system development, implementation, and installation. • Monitor and oversee progress of system/software development. C. Phase 3-Data Collection & Reporting (Throughout Grant Year) • Prepare and submit grant claims invoice (due January 30, April 30, July 30 , and October 30). 8/28/2023 8:57:48 AM Page 3 of 13 • Successful project completion and confirmation of successful transmission of crash reports by the California Highway Patrol is required before submission of invoice claims seeking reimbursement from OTS. • Prepare and submit quarterly performance reports (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 summary of quarterly accomplishments and explanations for objectives not completed. • Collect, analyze, and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/28/2023 8:57:48 AM Page 4 of 13 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule B FUND NUMBER CATALOG NUMBER (CFDA} 405c TR-24 20.616 COST CATEGORY A. PERSONNEL COSTS Straight Time Overtime Category Sub-Total B. TRAVEL EXPENSES Category Sub-Total C. CONTRACTUAL SERVICES Category Sub-Total D. EQUIPMENT Traffic Crash Database System Interface Category Sub-Total E. OTHER DIRECT COSTS Category Sub-Total F. INDIRECT COSTS Category Sub-Total GRANT TOTAL 8/28/2023 8:57:48 AM FUND DESCRIPTION State Traffic Safety Information System Improvements FUND UNIT COST OR UNITS NUMBER RATE 405c TR-$12,900.00 1 24 GRANT NUMBER TR24022 TOTAL AMOUNT $12,900.00 TOTAL COST TO GRANT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,900.00 $12,900.00 $0.00 $0.00 $0.00 $0.00 $12,900.00 Page 5 of 13 State of California -Office of Traffic Safety GRANT AGREEMENT Schedule B-1 PERSONNEL COSTS - TRAVEL EXPENSES - CONTRACTUAL SERVICES - EQUIPMENT BUDGET NARRATIVE GRANT NUMBER TR24022 Traffic Crash Database System Interface -Computer programming required to interface crash database with other existing agency, Records Management Systems, or CHP's Statewide Integrated Traffic Records System database allowing the systems to be electronically integrated for transfer of data. OTHER DIRECT COSTS - INDIRECT COSTS - STATEMENTS/DISCLAIMERS 8/28/2023 8:57:48 AM Page 6 of 13 State of California -Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER TR24022 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, Un iform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. NONDISCRIMINATION (applies to all subrecipients as well as States) The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to : • Title VI of the Civil Rights Act of 1964 (42 U.S.C . 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); • 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C . 4601 ), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C . 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); • The Civil Rights Restoration Act of 1987, (Pub . L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not); • Titles II and Ill 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). 8/28/2023 8:57:48 AM Page 7 of 13 The preceding statutory and regulatory cites hereinafter are referred to as the "Acts" and "Regulations ," 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 to ensure that: "No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA." The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights 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 § 2 i .23(b) and ( e) of 49 CFR part 21 will be (with regard to an "activity") facilitated, or will be (with regard to a "facility") operated , or will be (with regard to a "program ") conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations. 2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form , in all proposals for negotiated agreements regardless of funding source: "The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race , color, or national origin in consideration for an award." 3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as D OT Order 1050 .2A) 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 . 8/28/2023 8:57 :48 AM Page 8 of 13 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 investigations 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; 8/28/2023 8:57:48 AM Page 9 of 13 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 local 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 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 8/28/2023 8:57 :48 AM Page 10 of 13 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 8/28/2023 8:57 :48 AM Page 11 of 13 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 increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation. CERTIFICATION ON CONFLICT OF INTEREST (applies to subrecipients as well as States) GENERAL REQUIREMENTS No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, 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 such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal 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. 8/28/2023 8:57:48 AM Page 12 of 13 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. 8/28/2023 8:57:48 AM Page 13 of 13 To: From: Subject: Date: Lieutenant Alex Holm, San Rafael Police Department Tamera Melrose Quotation for RIMS Software August 16, 2023 The following is a quotation for RIMS software based upon your recent request. Item Price RIMS CHP 555 Export to SWITRS Link Software $10,000 Installation Completed via Remote Access and Phone $900 Annual Support and Updates – First Year $2,000 TOTAL $12,900 The CHP 555 Transfer, known as the Allied Agency Reporting Service (AARS), by the California Highway Patrol (CHP), is an interface available to RIMS customers that will electronically transfer California 555 Collision Reports directly to CHP. This quotation is for RIMS software only and does not include any set up or testing to CHP's internet portal. Please refer to the attached CHP 555 Transfer documentation for further information about this interface. The CHP can provide further details to ensure successful transfers of 555 Collision Reports from the RIMS export interface. If you plan to purchase via a purchase order, Sun Ridge Systems may require customers to make some minor modifications to the purchase order’s Standard Terms and Conditions. Specifically, sections related to Warranty and Indemnification may require modification. Examples of these modifications can be provided upon request. This quotation is valid for 90 days and may change thereafter. If you have any questions, please call me on 800-474-2565. Thank you for your continued interest in RIMS. By signing and accepting this quote, I agree that I have signature authority on behalf of my department and/or organization and this signature will be an electronic representation of my signature for all purposes when I use them on documents, including legally binding contracts – just the same as a wet ink signature on paper. _______________________________________________________ _________________________ Authorized by: Name and Title Date: RESOLUTION NO. 15251 RESOLUTION APPROVING THE ACCEPTANCE AND APPROPRIATION OF STATE OF CALIFORNIA OFFICE OF TRAFFIC SAFETY GRANT FUNDS IN THE AMOUNT OF $12,900 FOR THE “TRAFFIC RECORDS IMPROVEMENT PROJECT” (“TRIP”) GRANT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT AND ANY OTHER DOCUMENTS RELATED TO THE GRANT Whereas, the State of California, Office of Traffic Safety has tentatively approved a grant to the City of San Rafael in the amount of $12,900 in grant funds; and Whereas, this grant money may be spent to pay for software associated with the electronic submission of traffic collision data to the California Highway Patrol Statewide Integrated Traffic Records; and NOW, THEREFORE BE IT RESOLVED, that the City Council approves the acceptance and appropriation of $12,900 in California Office of Traffic Safety grant funds for the Traffic Records Improvement Project (TRIP), with funds to be appropriated in the Safety Grant Fund 281; and authorizes the City Manager to execute a Grant Agreement and any documents related to the Grant in a form approved by the City Attorney. I, Lindsay Lara, City Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the City Council held on the 18th day of September 2023 by the following vote, to wit: AYES: COUNCILMEMBERS: Hill, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Bushey Lindsay Lara, City Clerk