CITY OF MONTCLAIR
CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY,
MONTCLAIR HOUSING CORPORATION, MONTCLAIR
HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY
FOUNDATION MEETINGS
AGENDA
MONDAY, MAY 16, 2022
7:00 p.m.
Location
Council Chamber
5111 Benito Street
Montclair, CA 91763
Webinar Link
https://zoom.us/j/93717150550
Dial #
1–669–900–6833
Meeting ID
937–1715–0550
Mayor
Javier “John” Dutrey
Mayor Pro Tem
Bill Ruh,
Council Members
Tenice Johnson
Corysa Martinez
Benjamin “Ben” Lopez
City Manager
Edward C. Starr
City Attorney
Diane E. Robbins
City Clerk
Andrea M. Myrick
REGULAR JOINT MEETING OF THE
CITY COUNCIL, SUCCESSOR AGENCY, MONTCLAIR HOUSING CORPORATION,
MONTCLAIR HOUSING AUTHORITY, AND MONTCLAIR COMMUNITY FOUNDATION to be held in the Council Chambers
5111 Benito Street, Montclair, California
Monday, May 16, 2022
7:00 p.m.
Remote Participation Information:
Zoom Link: https://zoom.us/j/93717150550
Dial Number: 1 (669) 900–6833
Meeting ID: 937–1715–0550
If you want to submit a public comment or speak on an agenda item, including public hearing and closed session items, please complete a Speaker Card in the Council Chambers or online at https://www.cityofmontclair.org/public-comment/. The Mayor/Chair (or the meeting’s Presiding Officer) will call on those who submitted requests to speak at the appropriate times during the meeting. Those who did not submit a request to speak who are present at the meeting location may raise their hand during Public Comment to request to speak. Those participating remotely may request speak using the “raise hand” function in Zoom or may dial *9 if on the phone, and then *6 to un–mute when called on to speak. Written comments (200–word limit per agenda item, and 200–word limit for all non–agenda items combined) and requests to speak can also be emailed to [email protected] at least one hour before the meeting begins.
Video recordings of Council meetings are available on the City's website at https://www.cityofmontclair.org/council-meetings/ and can be accessed by the end of the business day following the meeting.
AGENDA
I. CALL TO ORDER City Council [CC], Successor Agency Board [SA], Montclair Housing Corporation Board [MHC],
Montclair Housing Authority Commission [MHA],
Montclair Community Foundation Board [MCF]
II. INVOCATION
In keeping with our long–standing tradition of opening our Council meetings with an invocation, this meeting may include a nonsectarian invocation. Such invocations are not intended to proselytize or advance any faith or belief or to disparage any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
III. PLEDGE OF ALLEGIANCE
IV. ROLL CALL
V. PRESENTATIONS
A. Monte Vista Water District Update on Emergency Conservation Regulations VI. PUBLIC COMMENT
During Public Comment, you may comment on any subject that does not appear on this agenda. Each speaker has up to five minutes. The meeting’s presiding officer may provide more or less time to accommodate speakers with special needs or a large number of speakers waiting in line. (Government Code Section 54954.3).
If you did not submit a Speaker Card and would like to speak on an item on the Consent Calendar, please raise your hand during Public Comment to announce the agenda item you would like to provide comments on. The presiding officer will pull the item from the Consent Calendar and will then call on you to speak at the time of the item’s consideration.
Under the provisions of the Brown Act, the meeting bodies are prohibited from participating in substantial discussion of or taking action on items not listed on the agenda.
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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 1 of 265 Page No.
VII. PUBLIC HEARINGS
A. First Reading — Consider Ordinance No. 22–1001 Amending Sections Within Chapters 6.02; Amending Section 6.16.020; Repealing Sections 6.16.025 and
6.16.030; and Adding Chapter 6.17 to the Montclair Municipal Code Establishing a Mandatory Organic Waste Disposal Reduction Program [CC] Consider Setting a Public Hearing for Monday, June 6, 2022, at 7:00 p.m. in the City Council Chambers to Consider Second Reading and Adoption of Ordinance No. 22–1001 [CC] 5
VIII. CONSENT CALENDAR
A. Approval of Minutes
1. Regular Joint Meeting — May 2, 2022 [CC/SA/MHC/MHA/MCF] 259 B. Administrative Reports
1. Consider Receiving and Filing of Treasurer’s Report [CC] 30
2. Consider Approval of Warrant Registers & Payroll Documentation [CC] 31
3. Consider Receiving and Filing of Treasurer’s Report [SA] 32
4. Consider Approval of Warrant Register [SA] 33
5. Consider Receiving and Filing of Treasurer’s Report [MHC] 34
6. Consider Approval of Warrant Register [MHC] 35
7. Consider Receiving and Filing of Treasurer’s Report [MHA] 36
8. Consider Approval of Warrant Register [MHA] 37
9. Consider Approval of Tract Map No. 20273 Located on the North Side of Arrow Highway Near Fremont Avenue [CC]
Consider Authorizing Tract Map No. 20273 to be Recorded with the Office of the San Bernardino County Recorder Subject to Final Approval by the City Engineer [CC] 38
C. Agreements
1. Consider Approval of Agreement No. 22–11 with the San Bernardino County Office of Emergency Services Authorizing the Receipt of $19,472 from the FY 2020 Homeland Security Grant Program [CC]
Consider Authorizing a $19,472 Appropriation from the Public Safety Grant Fund to Purchase Communications Equipment for the Command Trailer and a Walk–Through Metal Detector for the Police Station [CC] 44
2. Consider Authorizing a $1,076,905 Appropriation from 2021 Lease Revenue Bond Funds for the Preparation of Preliminary Design Plans for Selected Roadways in the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place District Specific Plan (MPDSP) [CC] Consider Approval of Agreement No. 22–32 with Moule & Polyzoides for the Preparation of Preliminary Design Plans for Selected Roadways in the NMDSP & MPDSP Subject to Any Revisions Deemed Necessary by the City Attorney [CC]
Consider Authorizing the City Manager to Amend the Scope of Services as Necessary for a Contingency Amount Not to Exceed $133,500 [CC] 56 MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 2 of 265 Page No.
3. Consider Approval of Agreement No. 22–34 with Advanced Creative Concrete to Construct a Concrete Foundation for a Ventilation Training Prop at the Fire Department Training Facility [CC] 84
4. Consider Approval of Agreement Nos. 22–38 and 22–39 with the County of San Bernardino to Provide for the Receipt of Grant Funds from the 2020 and 2021 Justice Assistance Grant Awards [CC]
Consider Authorizing City Manager Edward C. Starr to Sign Said Agreements [CC] 92
5. Consider Approval of Agreement No. 22–41 with AppleOne Employment Services to Provide Staffing Services for the Montclair After–School Program [CC] 156
6. Consider Approval of Agreement No. 22–42 with Crafton Hills College Authorizing the Fire Department to Provide Clinical Training for Emergency Medical Students [CC] 159
7. Consider Authorizing the Police Department to Contract with a Reputable Manufacturer for the Purchase of a Tactical Armored Vehicle Defined as Military Equipment Under Assembly Bill 481[CC]
Consider Approval of Agreement No. 22–43 with San Bernardino County to Provide Funding for the Sole Purchase of a Tactical Armored Vehicle, Required Radio Components and Installation, and Graphics, Subject to Any Revisions Deemed Necessary by the City Attorney [CC] Consider Authorizing Receipt of $336,600 from San Bernardino County for the Sole Purchase of a Tactical Armored Vehicle, Required Radio Components and Installation, and Graphics [CC] 166
8. Consider Approval of Agreement No. 22–45 with ServiceMaster 360 Premier Cleaning to Provide Custodial Services at the Family Resource Center Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 183
9. Consider Approval of Agreement No. 22–46 with Ontario–Montclair School District for Utilization of the Family Resource Center for Case Management Services and to Support Operating Costs of the Facility Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 195
10. Consider Approval of Agreement No. 22–48 with Mt. San Antonio College Authorizing the Fire Department to Provide Clinical Training for Emergency Medical Students [CC] 205
11. Consider Approval of Agreement No. 22–49 with 5060 Montclair Plaza Lane Owner, LLC, a Reimbursement Agreement Related to the Development of Property Generally Located on the Southwest Corner of Central Avenue and Moreno Street Subject to Any Revisions Deemed Necessary by the City Attorney [CC] 217
D. Resolutions
1. Consider Adoption of Resolution No. 22–3348 Making Factual Findings in Compliance with AB 361 for the Continuation of Public Meeting Teleconferencing During Public Health Emergencies for the Period of May 16, 2022, through June 15, 2022 [CC] 252
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 3 of 265 Page No.
IX. PULLED CONSENT CALENDAR ITEMS
X. BUSINESS ITEMS
A. Consider Approval of an Extension to the Requirement, as Provided For in Resolution No. 22–3344, for Council Member Benjamin Lopez to Attend City– Approved Sexual Harassment Prevention Training from “within Thirty (30) Calendar Days” to “within Sixty (60) Calendar Days” Following Adoption of Said Resolution [CC]
Consider Authorizing a $5,000 Transfer From the Contingency Account to City Attorney Program Account No. 1001–4801–52290–400 (Legal Services and Court Costs) to Provide Specialized Sexual Harassment Prevention Training for Council Member Lopez as Required by Resolution No. 22–3344 [CC] 256 XI. COMMUNICATIONS
A. Department Reports
1. Human Services — Upcoming Events and Programs
B. City Attorney
1. Request for City Council to Meet in Closed Session Pursuant to Government Code §54956.9(d)(4) Regarding Potential Litigation [CC] One Potential Case
C. City Manager/Executive Director
D. Mayor/Chairperson
1. Announcement of Vacancies on Community Activities Commission (4) Apply at www.cityofmontclair.org by May 18, 2022 at 5:30 p.m.
2. Consider Scheduling Meetings for Fiscal Year 2022–23 Preliminary Budget Review Presentation and Budget Adoption, Tentatively Proposed for Wednesday, June 22, 2022, at 6:00 p.m., and Tuesday, June 28, 2022, at 6:00 p.m. in the City Council Chambers [CC/MHC] E. Council Members/Directors
F. Committee Meeting Minutes (for informational purposes only)
1. Personnel Committee Meeting — May 2, 2022 [CC] 258
XII. CLOSED SESSION
XIII. CLOSED SESSION ANNOUNCEMENTS
XIV. ADJOURNMENT
The next regular joint meeting of the City Council, Successor Agency Board, Montclair Housing Corporation Board, Montclair Housing Authority Commission, and Montclair Community Foundation Board will be held on Monday, June 6, 2022, at 7:00 p.m.
Reports, backup materials, and additional materials related to any item on this Agenda distributed to the meeting bodies after publication of the Agenda packet are available for public inspection in in the Office of the City Clerk between 7:00 a.m. and 6:00 p.m., Monday through Thursday. Please call the City Clerk’s Office at (909) 625–9416 or send an e–mail to [email protected] to request documents via e–mail.
If you need special assistance to participate in this meeting, please contact the City Clerk’s Office at (909) 625–9416 or e–mail [email protected]. Notification prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.102–35.104 ADA Title II)
I, Andrea M. Myrick, City Clerk, hereby certify that I posted, or caused to be posted, a copy of this Agenda not less than 72 hours prior to this meeting on the City’s website at https://www.cityofmontclair.org/agendas/ and on the bulletin board adjacent to the north door of Montclair City Hall at 5111 Benito Street, Montclair, CA 91763 on Thursday, May 12, 2022.
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MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 4 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: PUBLIC HEARINGS
ITEM NO.: A
FILE I.D.: REF020
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: FIRST READING — CONSIDER ORDINANCE NO. 22–1001 AMENDING SECTIONS WITHIN CHAPTERS 6.02; AMENDING SECTION 6.16.020; REPEALING SECTIONS
6.16.025 AND 6.16.030; AND ADDING CHAPTER 6.17 TO THE MONTCLAIR
MUNICIPAL CODE ESTABLISHING A MANDATORY ORGANIC WASTE DISPOSAL
REDUCTION PROGRAM
CONSIDER SETTING A PUBLIC HEARING FOR MONDAY, JUNE 6, 2022, AT 7:00 P.M.
IN THE CITY COUNCIL CHAMBERS TO CONSIDER SECOND READING AND ADOPTION OF ORDINANCE NO. 22–1001
REASON FOR CONSIDERATION: In September 2016, the State Legislature set short– lived climate pollutants reduction targets for California in Senate Bill (SB) 1383 as a statewide effort to reduce emissions of greenhouse gasses (such as methane, a byproduct of organic waste) to combat climate change.
SB 1383 establishes statewide targets to reduce the amount of organic waste disposal in landfills (50 percent reduction by 2020 and 75 percent by 2025). It also set a goal to recover at least 20 percent of edible food that is thrown away by 2025 by donating it to people in need. The State defines “organic waste” as food, landscape and pruning trimmings, lumber, wood, manure, cardboard, paper products, printing and writing paper, and other plant and animal–based products. From 2016–2020, the California Department of Resources, Recycling and Recovery (CalRecycle) worked to develop regulations to achieve the goals of SB 1383. These new regulations were finalized by CalRecycle in November 2020 and took effect in January 2022. In accordance with SB 1383, all jurisdictions must adopt a mandatory organic waste disposal reduction ordinance.
The City Council adopts ordinances to make changes to the Montclair Municipal Code (MMC) and set local regulations. Adopting an ordinance requires two approved readings by the City Council, each held at separate public hearings. An ordinance may be adopted only after the second reading is held at a regular City Council meeting occurring at least five days after the introduction of the proposed ordinance. If substantial changes to the ordinance are approved, the amended ordinance must be re–introduced at a public hearing at least five days prior to conducting the second reading and adopting the ordinance.
The City Council is requested to conduct the first reading of Ordinance No. 22–1001 establishing a mandatory organic waste disposal reduction program, and set a public hearing for the second reading and adoption of the ordinance at its next regular meeting.
A copy of the proposed ordinance is attached for City Council’s review and consideration.
BACKGROUND: In September 2016, Governor Brown signed into law SB 1383, the Short– lived Climate Pollutant Reduction Act of 2016, directing public agencies to reduce organic waste disposal by 75% and increase edible food recovery by 25 percent, by 2025.
SB 1383 is the most significant waste reduction mandate to be adopted in California in the last 30 years.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 5 of 265 SB 1383 was enacted to reduce greenhouse gas emissions by diverting organic waste from landfills as the decomposition of such materials emit methane—a climate pollutant 72 times more potent than carbon dioxide. Studies demonstrate that landfills are the third largest producer of methane, and responsible for 21 percent of the state’s anthropogenic (caused by humans) methane emissions.
In accordance with SB 1383, all jurisdictions must adopt a mandatory organic waste disposal reduction ordinance. CalRecycle provided model language for the mandatory SB 1383 ordinance, and cities were advised to adjust the language in the model ordinance based on their respective needs. A draft of the proposed ordinance was shared with the City’s franchise waste hauler, Burrtec. Additionally, SB 1383 mandates that all businesses and residents, as well as multifamily housing developments, have access to recycling programs that capture food scraps, landscaping debris, and other organic waste items.
As defined by SB 1383, organic waste refers to green waste, wood waste, food waste, and fibers such as paper or cardboard. SB 1383 regulations outline specific requirements related to organic collection, edible food recovery, and compliance tracking and monitoring. SB 1383 also mandates significant action by local jurisdictions, residential and commercial organics generators, haulers, and facilities to significantly reduce organics landfill disposal.
The City will be responsible for implementing the following practices to maintain compliance with SB 1383:
Provide organic waste collection services to all residents and businesses; Adopt an ordinance to inspect and enforce compliance with SB 1383; Establish an edible food recovery program for local food generators; Conduct annual education and outreach to all generators; Procure certain levels of recovered organic waste products such as compost, mulch, and renewable natural gas; and
Maintain records for SB 1383 compliance for annual reporting requirements.
Adopting Ordinance No. 22–1001 will mandate organic waste generators, haulers, and other entities subject to the requirements of SB 1383 to comply with the regulatory requirements. Specific sections in this ordinance include:
Recycling requirements for single–family generators and commercial businesses; Recovery requirements for commercial edible food generators and food recovery organizations;
Service requirements for haulers;
Waivers for generators;
Procurement requirements for city departments, service providers, and vendors; and Inspections, investigations, and enforcement.
Although SB 1383 took effect on January 1, 2022, as long as jurisdictions have a plan in place to implement the requirements of SB 1383, CalRecycle will focus on compliance assistance first and dedicate enforcement efforts to serious offenders.
In addition to adoption of an organic waste recycling and food recovery ordinance, SB 1383 requires that the City have ordinances or other enforceable mechanisms in place for compliance with the CALGreen Building Standards Code (“CALGreen”) and a Model Water Efficient Landscaping Ordinance (“MWELO”). The City is already compliant with the aforementioned programs through MMC Chapters 10.30 and 11.60, respectively.
However, the CALGreen and MWELO provisions specific to solid waste and recycling MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 6 of 265 programs are reiterated in this ordinance for clarity and ease of administration and interpretation.
Annual education and outreach to all generators is a requirement of SB 1383. This requirement will be accomplished by utilizing inserts in the City’s sewer and trash billings, as well as Burrtec involvement in distributing information at the City's Country Fair Jamboree and National Night Out events. Information regarding compliance for residents and businesses will also be posted on the City’s website with links to CalRecycle’s web page for more in–depth information.
In addition, SB 1383 requires jurisdictions to procure a targeted amount of organic waste products in the form of compost, mulch, renewable natural gas (RNG), and/or electricity generated from biomass conversion of municipal–solid–waste–derived organic waste.
Burrtec will coordinate with the City to assist in meeting our recycled organic waste procurement targets as required by SB 1383 requirements.
SB 1383 also requires the City to procure paper products that are recyclable and contain at least 30 percent of post–consumer recycled content. The City’s Purchasing Manual will require an update to comply with these requirements and will be brought to City Council at a later date.
Recordkeeping and reporting to CalRecycle are additional requirements of SB 1383. The City must keep records of all aspects of this program including organic collection services, hauler program, contamination minimization, waivers, education and outreach, edible food recovery program, recycled organic waste procurement, recycled paper procurement, commercial edible food generators, and jurisdiction inspection and enforcement. Burrtec and City staff will utilize a robust database software system designed specifically for tracking efforts as they relate to solid waste services, program compliance, and organics diversion.
Beginning January 1, 2024, the City must begin enforcing SB 1383 regulations and take action against non–compliant entities. Cities are also subject to penalties if found by CalRecycle to be non–compliant.
Compliance with SB 1383 will require an amendment to the City’s current franchise agreement with Burrtec, including adjustments to the current residential and commercial refuse rates. City staff is working with Burrtec to bring a resolution to City council in the near future for approval of these amendments.
FISCAL IMPACT: Adoption of Ordinance No. 22–1001 would have no discernable impact to the City’s General Fund. Future franchise fee rate adjustments approved by the City must comply with Proposition 218 requirements and are pass–through costs between Burrtec and the rate payer.
RECOMMENDATION: Staff recommends that the City Council take the following actions:
1. Introduce and conduct the first reading of Ordinance No. 22–1001 amending sections within Chapter 6.02; amending Section 6.16.020; repealing Sections
6.16.025 and 6.16.030; and adding Chapter 6.17 to the Montclair Municipal Code entitled Establishing a Mandatory Organic Waste Disposal Reduction Program.
2. Set a public hearing for Monday, June 6, 2022, at 7:00 p.m. in the City Council Chambers to consider second reading and adoption of Ordinance No. 22–1001.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 7 of 265 FIRST
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Ordinance No. 22–1001 Page 1 of 22
ORDINANCE NO. 22–1001
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTCLAIR AMENDING SECTIONS WITHIN CHAPTERS 6.02
(DEFINITIONS); REPEALING SECTIONS 6.16.025 (COMMERCIAL
RECYCLING AND ORGANIC WASTE RECYCLING/DIVERSION)
AND 6.16.030 (GARBAGE TO BE WRAPPED) OF THE MONTCLAIR
MUNICIPAL CODE; AND ADDING CHAPTER 6.17 ESTABLISHING
A MANDATORY ORGANIC WASTE DISPOSAL REDUCTION
PROGRAM
WHEREAS, a city council may make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) solid waste generated in their jurisdictions to the maximum extent feasible before any incineration or landfill disposal of waste, to conserve water, energy, and other natural resources, and to protect the environment; and
WHEREAS, Assembly Bill 341 of 2011 places requirements on businesses and multi–family property owners that generate a specified threshold amount of solid waste to arrange for recycling services and requires the City to implement a mandatory commercial recycling program; and
WHEREAS, Assembly Bill 1826 of 2014 requires businesses and multi–family property owners that generate a specified threshold amount of solid waste, recycling, and organic waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert organic waste from businesses subject to the law, and requires cities to implement a mandatory commercial organics recycling program; and
WHEREAS, SB 1383, the Short–lived Climate Pollutant Reduction Act of 2016, requires the California Department of Resources Recycling and Recovery (“CalRecycle”) to develop regulations to reduce organics in landfills as a source of methane. As adopted by CalRecycle, these SB 1383 regulations (“SB 1383 Regulations”) place requirements on multiple entities including the City of Montclair, residential households, commercial businesses and business owners, commercial edible food generators, haulers, self– haulers, food recovery organizations, and food recovery services to support achievement of statewide organic waste disposal reduction targets; and WHEREAS, the SB 1383 Regulations require the City to adopt and enforce an ordinance or other enforceable mechanism to implement relevant provisions of the SB 1383 Regulations, and to reduce community food insecurity by requiring commercial edible food generators to arrange to have the maximum amount of their edible food, that would otherwise be disposed, be recovered for human consumption; and WHEREAS, this Ordinance implements the requirements of AB 341, AB 1826, and the SB 1383 Regulations; and
WHEREAS, on May 16, 2022 the City Council conducted a first reading of the proposed Ordinance in consideration of Ordinance No. 22–1001 to amend portions of Chapter 6.02, repeal Sections 6.16.025 and 6.16.030, and add Chapter 6.17; and WHEREAS, the City Council moved to set a public hearing to consider adoption of Ordinance No. 22–1001 for Monday June 6, 2022; and
WHEREAS, a public hearing was held by the City Council on June 6, 2022, in the Council Chambers located at 5111 Benito Street, Montclair, California. A notice of time, place, and purpose of the public hearing was given in accordance with the Ralph M.
Brown Act. Evidence, both written and oral, was presented to, and considered by, the City Council at this public hearing.
NOW, THEREFORE, BE IT ENACTED AND ORDAINED by the Montclair City Council as follows:
SECTION I. The foregoing Recitals are adopted as findings of the City Council as though set forth in full within the body of this Ordinance.
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Ordinance No. 22–1001 Page 2 of 22
SECTION II. The Montclair Municipal Code for the City of Montclair (“Code”) shall be amended to add new and replace certain definitions to Chapter 6.02 DEFINITIONS, Section 6.02.010 as follows:
Black Container has the same meaning as in 14 CCR Section 18982(a)(28) and shall be used for the purpose of storage and collection of Black Container Waste. Per the definition provided in 14 CCR Section 18982(a)(28), the Black Container may actually be black, or black with a gray lid.
Black Container Waste means Solid Waste that is collected in a Black Container that is part of a three–container Organic Waste collection service that prohibits the placement of Organic Waste in the Black Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(65).
Blue Container has the same meaning as in 14 CCR Section 18982(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials or Source Separated Blue Container Organic Waste.
Brown Container has the same meaning as in 14 CCR Section 18982(a)(5.5) and shall be used for the purpose of storage and collection of Source Separated Food Waste.
CalRecycle means California’s Department of Resources Recycling and Recovery, which is the Department designated with responsibility for developing implementing, and enforcing SB 1383 Regulations.
California Code of Regulations or CCR means the State of California Code of Regulations. CCR references in Chapter 6.17 are preceded with a number that refers to the relevant title of the CCR (e.g., “14 CCR” refers to Title 14 of CCR).
City means the City of Montclair, California, within its jurisdictional boundaries.
City Enforcement Official means the City Manager or his/her authorized designee(s) who is/are partially or wholly responsible for enforcing the ordinance.
Commercial Business or Commercial means a firm, partnership, proprietorship, joint–stock company, corporation, or association, whether for–profit or nonprofit, strip mall, industrial facility, or a multifamily residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi–Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing Chapter 6.17.
Commercial Edible Food Generator includes a Tier One or a Tier Two Commercial Edible Food Generator as defined herein below of this Section 6.02.010 or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of this definition, Food Recovery Organizations and Food Recovery Services are not commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7).
Compliance Review means a review of records by a City to determine compliance with Chapter 6.17.
Community Composting means any activity that Composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on–site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or as otherwise defined by 14 CCR Section 18982(a)(8).
Compost has the same meaning as in 14 CCR Section 17896.2(a)(4), which stated, as of the effective date of Chapter 6.17, that “Compost” means the product resulting from the controlled biological decomposition of organic Solid Wastes that are Source Separated from the municipal Solid Waste stream, or which are separated at a centralized facility.
Compostable Plastics or Compostable Plastic means plastic materials that meet the ASTM D6400 standard for Compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2 (a)(1)(C).
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Container Contamination or Contaminated Container means a container, regardless of color, that contains Prohibited Container Contaminants, or as otherwise defined in 14 CCR Section 18982(a)(55).
C&D means construction and demolition debris.
Designee means an entity that a city contracts with or otherwise arranges to carry out any of the City’s responsibilities of Chapter 6.17 as authorized in 14 CCR Section 18981.2. A designee may be a government entity, a hauler, a private entity, or a combination of those entities.
Edible Food means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For the purposes of Chapter 6.17 or as otherwise defined in 14 CCR Section 18982(a)(18), “Edible Food” is not Solid Waste if it is recovered and not discarded. Nothing in Chapter 6.17 or in 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code.
Enforcement Action means an action of the City to address non–compliance with Chapter 6.17 including but not limited to, issuing administrative citations, fines, penalties, or using other remedies.
Excluded Waste means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and it Generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including without limitation: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that, in City’s or its Designee’s reasonable opinion, would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City, or its Designee, to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single–Family or Multi–Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code.
Food Distributor means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCRE Section 18982(a)(22).
Food Facility has the same meaning as in Section 113789 of the Health and Safety Code.
Food Recovery means actions to collect and distribute food for human consumption that otherwise would be disposed, or as otherwise defined in 14 CCR Section 18982(a)(24).
Food Recovery Organization means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to:
1. A food bank as defined in Section 113783 of the Health and Safety code;
2. A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety code; and
3. A Food Recovery Organization is not a commercial Edible Food Generator for the purposes of Chapter 6.17 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to Chapter 6.17.
Food Recovery Service means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 10 of 265 FIRST
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Ordinance No. 22–1001 Page 4 of 22
or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982 (a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for the purposes of Chapter 6.17 and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
Food Scraps means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells.
Food Scraps excludes fats, oils, liquids, and grease when such materials are source Separated from other Food Scraps.
Food Service Provider means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
Food–Soiled Paper is Compostable paper material that has come in contact with food or liquid, such as, but not limited to, Compostable paper plates, paper coffee cups, napkins, and pizza boxes.
Food Waste means Food scraps, and Food–Soiled Paper.
Gray Container has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. For the purpose of Chapter 6.17, Gray Container has the same meaning as Black Container and can be used interchangeably.
Gray Container Waste means Solid Waste that is collected in a Gray Container that is part of a three–container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1 (a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). For the purposes of Chapter 6.17, Gray Container Waste has the same meaning as Black Container Waste and can be used interchangeably.
Green Container has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. No preference or requirement for a “Green Container” made in Chapter 6.17 shall prevent or prohibit the use of additional containers duly authorized by the City and its Designee for purposes of Source Separated Organic Waste to the extent permitted by SB 1383, such as a “brown” container as further authorized by 14 CCR Section 18982(a)(5.5).
Grocery Store means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including without limitation a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
Hauler Route means the designated itinerary or sequence of stops for each segment of the City’s collection service area, or as otherwise defined in 14 CCR Section 18982(a)(31.5).
High Diversion Organic Waste Processing Facility means a facility that is in compliance with the reporting requirements of 14 CCR Section 18815.5(d) and meets or exceeds an annual average Mixed Waste organic content Recovery rate of 50 percent between January 1, 2022 and December 31, 2024, and 75 percent after January 1, 2025, as calculated pursuant to 14 CCR Section 18815.5(e) for Organic Waste received from the “Mixed waste organic collection stream” as defined in 14 CCR Section 17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(35).
Inspection means a site visit where a City reviews records, containers, and an entity’s collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in Chapter 6.17, or as otherwise defined in 14 CCR Section 18982(a)(35).
Large Event means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price, or is operated by a local agency, and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 11 of 265 FIRST
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an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to Chapter 6.17.
Large Venue means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. For purposes of Chapter 6.17 and implementation of 14 CCR, Division 7, Chapter 12, a venue facility includes, but is not limited to, a public, nonprofit, or privately owned or operated stadium, amphitheater, arena, hall, amusement park, conference or civic center, zoo, aquarium, airport, racetrack, horse track, performing arts center, fairground, museum, theater, or other public attraction facility. For purpose of Chapter 6.17 and implementation of 14 CCR, Division 7, Chapter 12, a site under common ownership or control that includes more than one Large Venue that is contiguous with other Large Venues in the site, is a single Large Venue. If the definition in 14 CCR Section 18982(a)(39) differs from this definition, the definition in 14 CCR Section 18982(a(39) shall apply to Chapter 6.17.
Local Education Agency means a school district, charter school, or county office of education that is not subject to the control of City or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40).
Multi–Family Residential Dwelling or Multi–Family means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi–Family premises do not include hotels, motels, or other transient occupancy facilities, which are considered Commercial Businesses.
MWELO refers to the Model Water Efficient Landscape Ordinance (MWELO), 23 CCR, Division 2, Chapter 2.7.
Non–Compostable Paper includes but is not limited to paper that is coated in plastic material that will not breakdown in the Composting process, or as otherwise defined in 14 CCR Section 18982(a)(41).
Non–Organic Recyclables means non–putrescible and non–hazardous recyclable wastes including but not limited to bottles, cans, metals, plastics and glass, or as otherwise defined in 14 CCR Section 18982(a)(43).
Notice of Violation (NOV) means a notice that a violation has occurred that includes a compliance date to avoid an action to seek penalties, or as otherwise defined in 14 CCR Section 18982(a)(45).
Organic Waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food–soiled paper waste that is mixed in with food waste. Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a).
Organic Waste Generator means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48).
Paper Products include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51).
Printing and Writing Papers include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54).
Prohibited Container Contaminants means the following; (i) discarded materials placed in the Blue Container that are not identified as acceptable Source Separated Recyclable Materials for the City’s Blue Container; (ii) discarded materials placed in the Brown Container that are not identified as acceptable Source Separated Food Waste for the City’s Brown Container; (iii) discarded materials placed in the Green Container that are not identified as acceptable Source Separated Green Container MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 12 of 265 FIRST
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Organic Waste for the City’s Green Container; (iv) discarded materials placed in the Black Container that are acceptable Source Separated Recyclable materials and/or Source Separated Green Container Organic Wastes to be placed in City’s Green Container and/or Blue Container; and, (v) Excluded Waste placed in any container.
Nothing in Chapter 6.17 shall prevent or prohibit the use of additional containers duly authorized by the City and its Designee for purposes of Source Separated materials to the extent permitted by SB 1383, such as a “brown” container as further authorized by 14 CCR Section 18982(a)(5.5).
Recovered Organic Waste Products means products made from California, landfill–diverted recovered Organic Waste processed in a permitted or otherwise authorized facility, or as otherwise defined in 14 CCR Section 18982(a)(60).
Recovery means any activity or process described in 14 CCR Section 18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
Recyclable Materials means those materials that are suitable for recycling, including but not limited to Non–Organic Recyclables, Paper Products, and Printing and Writing Papers.
Recycled–Content Paper means Paper Products and Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber, or as otherwise defined in 14 CCR Section 18982(a)(61).
Renewable Gas means gas derived from Organic Waste that has been diverted from a California landfill and processed at an in–vessel digestion facility that is permitted or otherwise authorized by 14 CCR to recycle Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
Restaurant means an establishment primarily engaged in the retail sale of food and drinks for on–premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64).
Route Review means a visual Inspection of containers along a Hauler Route for the purpose of determining Container Contamination, and may include mechanical Inspection methods such as the use of cameras, or as otherwise defined in 14 CCR Section 18982(a)(65).
SB 1383 means Senate Bill 1383 of 2016 approved by the Governor September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a Statewide effort to reduce emissions of short–lived climate pollutants as amended, supplemented, superseded, and replaced from time to time.
SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the purposes of Chapter 6.17, the Short–Lived Climate Pollutants: Organic Waste Reduction regulations developed by CalRecycle and adopted in 2020 that created 14 CCR, Division 7, Chapter 12 and amended portions of regulations of 14 CCR and 27 CCR.
Self–Hauler means a commercial generator, approved by the City to haul Solid Waste, Organic Waste or recyclable material he or she has generated to another person using his or her own equipment in accordance with Section 6.17.080. Self–hauler also includes a person who back–hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back–haul means generating and transporting Organic Waste to a destination owned and operated by the Generator using the Generator’s own employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A).
Single–Family means of, from, or pertaining to any residential premises with fewer than five (5) units.
Solid Waste has the same meaning defined in State Public Resources Code Section 40191, which defines Solid Waste as all putrescible and nonputrescible solid, semisolid, and liquid wastes, including garbage, trash, refuse, paper, rubbish, ashes, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, dewatered, treated, or chemically fixed sewage sludge which is not hazardous waste, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes, with the exception that Solid Waste does not include any of the following wastes:
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1. Hazardous waste, as defined in the State Public Resources Code Section 40141.
2. Radioactive waste regulated pursuant to the State Radiation Control Law (Chapter 8 (commencing with Section 114690) of Part 9 of Division 104 of the State Health and Safety Code.
3. Medical waste regulated pursuant to the State Medical Waste Management Act (Part 14 (commencing with Section 117600) of Division 104 of the State Health and Safety Code). Untreated medical waste shall not be disposed of in a Solid Waste landfill, as defined in State Public Resources Code Section 40195.1. Medical waste that has been treated and deemed to be Solid Waste shall be regulated pursuant to Division 30 of the State Public Resources Code.
Source Separated means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste Stream, at the point of generation, for the purpose of additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the purposes of the ordinance, Source Separated shall include separation of materials at the point of generation by the Generator, property owner, property owner’s employee, property manager, or property manager’s employee into different containers for the purpose of collection such that Source Separated materials are separated from Black Container Waste or other Solid Waste for the purposes of collection and processing.
Source Separated Blue Container Organic Waste means Source Separated Organic Waste that can be placed in a Blue Container that (i) is limited to the collections of those Organic Wastes and Non–Organic Recyclables as defined in Section 18982(a)(43), or as otherwise defined by Section 17402(a)(26.7), and (ii) excludes any Prohibited Container Contaminants.
Source Separated Green Container Organic Waste means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the Generator, excluding, but not limited to: Source Separated Blue Container Organic Waste, Non–Compostable Paper, Paper Products, Printing and Writing Paper, and any other Prohibited Container Contaminants.
Source Separated Recyclable Materials means Source Separated Non–Organic Recyclables and Source Separated Blue Container Organic Waste.
State means the State of California.
Supermarket means a full–line, self–service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71).
Tier One Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
1. Supermarket.
2. Grocery Store with a total facility size equal to or greater than 10,000 square feet.
3. Food Service Provider.
4. Food Distributor.
5. Wholesale Food Vendor.
If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to Chapter 6.17.
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Tier Two Commercial Edible Food Generator means a Commercial Edible Food Generator that is one of the following:
1. Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet.
2. Hotel with an on–site Food Facility and 200 or more rooms.
3. Health facility with an on–site Food Facility and 100 or more beds.
4. Large Venue.
5. Large Event.
6. A State agency with a cafeteria with 250 or more seats or total cafeteria facility size equal to or greater than 5,000 square feet.
7. A Local Education Agency facility with an on–site Food Facility.
If the definition in 14 CCR Section 18982(a)(74) of Tier Two Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(74) shall apply to Chapter 6.17.
Waste materials mean and include but is not limited to paper, cardboard, carpets, rugs, clothing, books, boots, shoes, straw, packing barrels, ashes, discarded building materials and the like, except flammable liquids such as gasoline, kerosene and similar toxic substances shall not be included.
Wholesale Food Vendor means a business or establishment engaged in the merchant wholesale distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 18982(a)(76).
SECTION III. The Code shall be amended to revise Section 6.16.020(A) as noted below; and to repeal existing Sections 6.16.025 and 6.16.030:
6.16.020 – Receptacle required.
A. All garbage, rubbish and waste materials as defined in Chapter 6.02 of this title shall be deposited in a single receptacle or receptacles designated container as required, which may be provided by the City or its duly authorized agent.
When garbage is deposited with waste material, rubbish or refuse, the receptacle shall be of a plastic or otherwise impervious material with a tight– fitting cover.
SECTION IV. Chapter 6.17 entitled, “MANDATORY ORGANIC WASTE DISPOSAL REDUCTION PROGRAM” shall be added to the code, as follows:
Chapter 6.17 – MANDATORY ORGANIC WASTE DISPOSAL REDUCTION PROGRAM
6.17.010 – Purpose and Findings.
A. State recycling law, Assembly Bill 939 of 1989, the California Integrated Waste Management Act of 1989 (California Public Resources Code Section 40000, et seq., as amended, supplemented, superseded, and replaced from time to time), requires cities and counties to reduce, reuse, and recycle (including composting) Solid Waste generated in their cities to the maximum extent feasible before any incineration or landfill disposal; of waste, to conserve water, energy, and other natural resources, and to protect the environment.
B. State recycling law, Assembly Bill 341 of 2011 (approved by the Governor of the State of California on October 5, 2011, which amended Sections 41730, 41731, 41734, 41735, 41736, 41800, 42926, 44004, and 50001 of, and added Sections 40004, 41734.5, and 41780.01 and Chapter 12.8 (commencing with Section 42649) to Part 3 of Division 30 of, and added and repealed Section 41780.02 of, the Public Resources Code, as amended, supplemented, superseded, and replaced from time to time), places requirements on businesses and Multi–Family property owners that generate MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 15 of 265 FIRST
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a specified threshold amount of Solid Waste to arrange for recycling services and requires cities to implement a Mandatory Commercial Recycling program.
C. State organics recycling law, Assembly Bill 1826 of 2014 (approved by the Governor of the State of California on September 28, 2014, which added Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to Solid Waste, as amended, supplemented, superseded, and replaced from time to time), requires businesses and Multi–Family property owners that generate a specified threshold amount of Solid Waste, Recycling, and Organic Waste per week to arrange for recycling services for that waste, requires cities to implement a recycling program to divert Organic Waste from businesses subject to the law, and requires cities to implement a Mandatory Commercial Organics Recycling program.
D. SB 1383, the Short–lived Climate Pollutant Reduction Act of 2016, requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities including cities, residential households, Commercial Businesses and business owners, Commercial Edible Food Generators, haulers, Self–Haulers, Food Recovery Organizations, and Food Recovery Services to support achievement of Statewide Organic Waste disposal reduction targets.
E. SB 1383, the Short–lived Climate Pollutant Reduction Act of 2016, requires cities to adopt and enforce an ordinance or enforceable mechanism to implement relevant provisions of SB 1383 Regulations. This ordinance will also help reduce food insecurity by requiring Commercial Edible Food Generators to arrange to have the maximum amount of their Edible Food, that would otherwise be disposed, be recovered for human consumption.
6.17.020 – Requirements for Single–Family Generators.
Single–Family Organic Waste Generators shall subscribe to City’s at–least three– container collection service, which includes a Blue Container, Green Container, and Black Container, and shall comply with the following requirements:
A. Shall subscribe to City’s Organic Waste collection services for all Organic Waste generated as described in Section 6.17.020(B). City or its Designee shall have the right to review the number and size of a generator’s containers to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Single–Family generators shall adjust their service level for collection services as requested by the City or its Designee. Generators may additionally manage their Organic Waste by preventing or reducing their Organic Waste, managing Organic Waste on site, and/or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
B. Shall participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers.
1. Generator shall place Source Separated Green Container Organic Waste, including Food, in the Green Container; Source Separated Recyclable materials in the Blue Container; and Black Container Waste in the Black Container. Generators shall not place materials designated for the Black Container into the Green Container or Blue Container.
2. Nothing in this Chapter shall prevent or prohibit the use of additional containers duly authorized by the City and its Designee for purposes of Source Separated materials to the extent permitted by SB 1383, such as a “brown” container as further authorized by 14 CCR Section 18982(a)(5.5).
6.17.030 – Requirements for Commercial Businesses.
Generators that are Commercial Businesses, including Multi–Family Residential Dwellings of five (5) and more units shall:
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A. Subscribe to City’s at–least three–container collection services and comply with requirements of those services as described below in Section
6.17.030(B). City or its Designee shall have the right to review the number and size of a generator’s containers and frequency of collection to evaluate adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials; and, Commercial Businesses shall adjust their service level for their collections services as requested by the City or its Designee.
B. Participate in the City’s Organic Waste collection service(s) by placing designated materials in designated containers as described below.
1. Generator shall place Source Separated Green Container Organic Waste in the Green Container; Source Separated Brown Container Food Waste in the Brown Container; Source Separated Recyclable Materials in the Blue Container; and Black Container Waste in the Black Container. Generator shall not place materials designated for the Black Container into the Green Container, Brown Container, or Blue Container.
a. Nothing in this Chapter shall prevent or prohibit the use of additional containers duly authorized by the City and its Designee for purposes of Source Separated materials to the extent permitted by SB 1383, such as a “brown” container as further authorized by 14 CCR Section 18982(a)(5.5).
b. To comply with subsection B of this section, property owners of multifamily complexes may require its contracted landscapers to recycle the green waste materials and provide satisfactory proof that the materials are being properly recycled in a manner consistent with 14 CCR Sections 18984.1 and 18984.2 or shall hall Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
2. Supply and allow access to adequate number, size and location of collection containers with sufficient labels or colors (conforming with Subsections 3(a) and 3(b) below) for employees, contractors, tenants, and customers, consistent with City’s Blue Container, Green Container, Brown Container, and Black Container collection service.
3. Excluding Multi–Family Residential Dwellings, provide containers for the collection of Source Separated Green Container Organic Waste, Source Separated Brown Container Food Waste, and Source Separated Recyclable Materials in all indoor and outdoor areas where disposal containers are provided for customers, for materials generated by that business. Such containers do not need to be provided in restrooms. If a Commercial Business does not generate any of the materials that would be collected in one type of container, then the business does not have to provide that particular container in all areas where disposal containers are provided for customers. Pursuant to 14 CCR Section 18984.9(b), the containers provided by the business shall have either:
a. A body or lid that conforms with the container colors provided through the collection service provided by City, with either lids conforming to the color requirements or bodies conforming to the color requirements or both lids and bodies conforming to color requirements. A Commercial Business is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of the subsection prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
b. Container labels that include language or graphic images, or both, indicating the primary material accepted and the primary materials prohibited in that container, or containers with imprinted text or graphic images that indicate the primary materials accepted and primary materials prohibited in the container. Pursuant to 14 CCR Section 18984.8, the container labeling requirements are required on new containers commencing January 1, 2022.
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4. Multi–Family Residential Dwellings are not required to comply with container placement requirements or labeling requirements in Subsection 3(a) or (b) pursuant to 14 CCR Section 18984.9(b).
5. To the extent practical through education, training, Inspection, and/or other measures, excluding Multi–Family Residential Dwellings, prohibit employees from placing materials in a container not designated for those materials per the City’s Blue Container, Green Container, Brown Container, and Black Container collection service.
6. Excluding Multi–Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, Brown Containers, and Black Containers for Prohibited Container Contamination and inform employees if containers are Contaminated and of the requirements to keep Contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3).
7. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and about proper sorting of Source Separated Green Container Organic Waste, Source Separated Brown Container Food Waste, and Source Separated Recyclable Materials.
8. Provide education information before or within fourteen (14) days of occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste, Source Separated Brown Container Food Waste, and Source Separated Recyclable Materials separate from Black Container Waste (when applicable) and the location of containers and the rules governing their use at each property.
9. Provide or arrange access for City or its Designee to their properties during all Inspections conducted in accordance with Section 6.17.120 of this Chapter to confirm compliance with the requirements of this Chapter.
10. Accommodate and cooperate with City’s program for Inspection of the contents of containers for Prohibited Container Contaminants, which may be implemented by City at a later date, to evaluate Generator’s compliance with this Section 6.17.030(B).
11. At Commercial Business’s option and subject to any approval required from the City, implement a program for Inspection of the contents of its Blue Containers, Green Containers, Brown Containers, and Black Containers for the purpose of monitoring the contents of containers to determine appropriate levels of service and to identify Prohibited Container Contaminants.
12. If a Commercial Business wants to self–haul, meet the Self–Hauler requirements in Section 6.17.080 of this Chapter.
13. Nothing in this Section prohibits a generator from preventing or reducing waste generation, managing Organic Waste on site, or using a Community Composting site pursuant to 14 CCR Section 18984.9(c).
14. Commercial Businesses that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements, pursuant to Section 6.17.050.
6.17.040 – Waivers for Generators.
A. De Minimis Waivers – City may waive a Commercial Business’ obligation (including Multi–Family Residential Dwellings) to comply with some or all of the Organic Waste Requirements of this Chapter if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 6.17.040(A)(2) below.
Commercial Businesses requesting a de minimis waiver shall:
1. Submit an application specifying the services that they are requesting a waiver from and provide documentation as noted in Section
6.17.040(A)(2) below.
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2. Provide documentation that either:
a. The Commercial Business’ total Solid Waste collection service is two cubic yards or more per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business’ total waste; or,
b. The Commercial Business’ total Solid Waste collection service is less than two cubic yards per week and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 10 gallons per week per applicable container of the business’ total waste.
3. Notify City if circumstances change such that Commercial Business’ Organic Waste exceeds the threshold required for waiver, in which case the waiver will be rescinded.
4. De minimis waivers are valid for a period not to exceed 5 years and subject to reverification by the City at any time.
B. Physical Space Waivers – City may waive a Commercial Business’ or property owner’s obligations (including Multi–Family Residential Dwellings) to comply with some or all of the recyclable materials and or Organic Waste collection service requirements if the City has evidence from its own staff, hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements of Section
6.17.030. A Commercial Business or property owner may request a physical space waiver through the following process:
1. Submit an application specifying the type(s) of collection services for which they are requesting a compliance waiver.
2. Provide documentation that the premises lacks adequate space for SB 1383–mandated containers, including documentation from its hauler, licensed architect, or licensed engineer.
3. Physical space waivers are valid for a period not to exceed 5 years and subject to reverification by the City or Designee at any time.
6.17.050 – Requirements for Commercial Edible Food Generators.
A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing July 1, 2022, or other date as set by Resolution of the City Council, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3.
B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with the requirements of this Section, commencing January 1, 2024.
C. Commercial Edible Food Generators shall comply with the following requirements:
1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed.
2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or, (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self–hauls to the Food Recovery Organization for Food Recovery.
3. Shall not intentionally spoil Edible Food that is capable of being recovered by a Food Recovery Organization or a Food Recovery Service.
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4. Allow City’s designated enforcement entity or designated third party enforcement entity to access the premises and review records pursuant to 14 CCR Section 18991.4.
5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4:
a. A list of each Food Recovery Service or Organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b).
b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b).
c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations:
(i) The name, address and contact information of the Food Recovery Service or Food Recovery Organization.
(ii) The types of food that will be collected by or self–hauled to the Food Recovery Service or Food Recovery Organization.
(iii) The established frequency that food will be collected or self– hauled.
(iv) The quantity of food, measured in pounds recovered per month, collected or self–hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery.
6. No later than April 1st of each year commencing no later than April 1, 2023, for Tier One Commercial Edible Food Generators and April 1, 2024, for Tier Two Commercial Edible Food Generators provide an annual Food Recovery report to the City that includes the records listed in Section 6.17.050(C)(5)(c).
D. Nothing in this Chapter shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017, (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time).
6.17.060 – Requirements for Food Recovery Organizations and Services.
A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.54(a)(1).
1. The name address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food.
2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month.
3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month.
4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery.
B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2):
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1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food.
2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month.
3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery.
C. Food Recovery Organizations and Food Recovery Services shall inform Generators about California and Federal Good Samaritan Food Donation Act protection in written communications, such as in their contract or agreement established under 14 CCR Section 18991.3(b).
D. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the city the Commercial Edible Food Generator is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators the Food Recovery Organizations or Food Recovery Services have established contracts or written agreements with pursuant to 14 CCR Section 18991.3(b) no later than April 1 beginning in 2023.
E. In order to support Edible Food Recovery capacity planning assessments or other studies conducted by the City or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days, unless a shorter timeframe is otherwise specified by the City.
6.17.070 – Requirements for Haulers and Facility Operators.
A. Exclusive franchised hauler, providing residential, Commercial, or industrial Organic Waste collection services to Generators within the City’s boundaries shall meet the following requirements as a condition of approval of a contract, agreement, or similar contractual authorization with the City to Collect Organic Waste:
1. Provide written notice to the City starting July 1, 2022, and annually thereafter pursuant to 14 CCR 18988.1(a)(1) or as facilities change; identify the facilities to which they will transport Organic Waste including facilities for Source Separated Recyclable materials and Source Separated Green Container Organic Waste.
2. Transport Source Separated Recyclable materials and Source Separated Green Container Organic Waste to a facility, operation, activity, or property that recovers Organic Waste as defined in 14 CCR, Division 7, Chapter 12, Article 2. Notwithstanding the foregoing, hauler shall not be required to transport any containers with Prohibited Container Contaminants to a facility, operation, activity, or property that recovers Organic Waste.
3. Obtain approval from the City to haul Organic Waste, unless it is transporting Source Separated Organic Waste to a Community Composting site or lawfully transporting C&D in a manner that complies with 14 CCR Section 18989.1, Section 6.17.090 hereof.
4. The authorization of the exclusive franchised hauler to collect Organic Waste shall comply with any education, equipment, signage, container labeling, container color, contamination, monitoring, and reporting requirements relating to the collection of Organic Waste contained within its franchise agreement with the City.
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5. A Hauler is not required to replace functional containers, including containers purchased prior to January 1, 2022, that do not comply with the requirements of this ordinance prior to the end of the useful life of those containers, or prior to January 1, 2036, whichever comes first.
6. Notwithstanding any of the foregoing, nothing in this Chapter shall restrict or otherwise prohibit Haulers from meeting compliance requirements by any alternative methods or procedures, provided it complies with SB 1383, the SB 1383 Regulations, and/or any other applicable law, as may be amended from time to time, or being relieved of, or delaying compliance with such requirement pursuant to SB 619.
B. Requirements for Facility Operators and Community Composting Operations.
1. Owners of facilities, operations, and activities that recover Organic Waste, including, but not limited to, Compost facilities, in–vessel digestion facilities, and publicly–owned treatment works shall, upon request, provide information regarding available and potential new or expanded capacity at their facilities, operations, and activities, including information about throughput and permitted capacity necessary for planning purposes. Entities contacted by the City shall respond within 60 days.
2. Community Composting operators, upon City request, shall provide information to the City to support Organic Waste capacity planning, including, but not limited to, an estimate of the amount of Organic Waste anticipated to be handled at the Community Composting operation.
Entities contacted by the city shall respond within 60 days.
6.17.080 – Self–Hauler Requirements.
A. Self–Haulers shall source separate all recyclable materials and Organic Waste (materials that the City otherwise requires Generators to separate for collection in the City’s organics and recycling collection program) generated on–site from Solid Waste in a manner consistent with 14 CCR Sections 18984.1 and 18984.2, or shall haul Organic Waste to a High Diversion Organic Waste Processing Facility as specified in 14 CCR Section 18984.3.
B. Self–Haulers shall haul their Source Separated Recyclable Materials to a facility that recovers those materials; and haul their Source Separated Green Container Organic Waste to a Solid Waste facility, operation, activity, or property that processes or recovers Source Separated Organic Waste.
Alternatively, Self–Haulers may haul Organic Waste to a High Diversion Organic Waste Processing Facility.
C. Self–Haulers that are Commercial Businesses (including Multi–Family Residential Dwellings) shall keep a record of the amount of Organic Waste delivered to each Solid Waste facility, operation, activity, or property that processes or recovers Organic Waste; this record shall be provided to the City quarterly. The records shall include the following information:
1. Delivery receipts and weight tickets from the entity accepting the waste.
2. The amount of material in cubic yards or tons transported by the Generator to each entity.
3. If the material is transported to an entity that does not have scales on– site, or employs scales incapable of weighing the Self–Haulers’ vehicle in a manner that allows it to determine the weight of materials received, the Self–Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste.
D. Self–Haulers that are Commercial Businesses (including Multi–Family Self– Haulers) shall provide information collected in Section 6.17.080(C) to the City if requested and within ten (10) days of such request.
E. A residential Organic Waste Generator that self–hauls Organic Waste, to the extent permitted by this Municipal Code, is not required to record or report information in Section 6.17.080(C).
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6.17.090 – Compliance with CALGreen Recycling Requirements.
A. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with the requirements of this Section and all required components of the California Green Building Standard Code, 24 CCR, Part 11, known as CALGreen, as amended, if its project is covered by the scope of CALGreen or more stringent requirements of the city. If the requirements of CALGreen are more stringent than the requirements of this Section, the CALGreen requirements shall apply.
Project applicants shall refer to City’s building code for complete CALGreen requirements.
B. For projects covered by CALGreen or more stringent requirements of the City, the applicants must, as a condition of the City’s permit approval, comply with the following:
1. Where five (5) or more Multi–Family dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of Blue Container and Green Container materials, consistent with the at– least three container collection program offered by the city, or comply with provision of adequate space for recycling for Multi–Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
2. New Commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of materials, consistent with the at–least three container collection program offered by the City, or shall comply with provision of adequate space for recycling for Multi–Family and Commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended provided amended requirements are more stringent than the CALGreen requirements for adequate recycling space effective January 1, 2020.
3. Comply with CALGReen requirements and applicable law related to management of C&D, including diversion of Organic Waste in C&D from disposal. Comply with all written and published City policies, ordinances, and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D.
6.17.100 – Model Water Efficient Landscaping Ordinance Requirements (MWELO).
A. Property owners or their building or landscape designers, including anyone requiring a building or planning permit, plan check, or landscape design review from the City, who are constructing a new (Single–Family, Multi– Family, public, institutional, or Commercial) project with a landscape area greater than 500 square feet, or rehabilitating an existing landscape with a total landscape area greater than 2,500 square feet, shall comply with Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO, including sections related to use of Compost and mulch as delineated in this Section 6.17.100.
B. The following Compost and mulch use requirements that are part of the MWELO are also included as requirements of this Chapter. Other requirements of the MWELO are in effect and can be found in 23 CCR, Division 2, Chapter 2.7.
C. Property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 6.17.100(A) above shall:
1. Comply with Sections 492.6 (a)(3)(B), (C), (D), and (G) of the MWELO, which requires the submittal of a landscape design plan with a soil preparation, mulch, and amendments section to include the following:
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a. For landscape installations, Compost at a rate of a minimum of four cubic yards per 1,000 square feet of permeable area shall be incorporated to a depth of six (6) inches into the soil. Soils with greater than six percent (6%) organic matter in the top six (6) inches of soil are exempt from adding Compost and tilling.
b. For landscape installations, a minimum three– (3–) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated. To provide habitat for beneficial insects and other wildlife up to five percent (5%) of the landscape area may be left without mulch. Designated insect habitat must be included in the landscape design plan as such. c. Organic mulch materials made from recycled or post–consumer materials meeting procurement requirements under 14 CCR, Division 7, Chapter 12, Article 12, shall (i) take precedence over inorganic materials or virgin forest products unless the recycled post–consumer organic products are not locally available, and (ii) comply with 14 CCR, Division 7, Chapter 12, Article 12. Organic mulches are not required where prohibited by local fuel modification plan guidelines or other applicable local ordinance.
2. The MWELO compliance items listed in this Section are not an inclusive list of MWELO requirements; therefore, property owners or their building or landscape designers that meet the threshold for MWELO compliance outlined in Section 6.17.100(A) shall consult the full MWELO for all requirements.
D. If, after the adoption of this Chapter, the California Department of Water Resources, or its successor agency, amends 23 CCR, Division 2, Chapter 2.7, Sections 492.6(a)(3)(B), (C), (D), and (G) of the MWELO September 15, 2015 requirements in a manner that requires jurisdictions to incorporate the requirements of an updated MWELO in a local ordinance, and the amended requirements include provisions more stringent than those required in this Section, the revised requirements of 23 CCR, Division 2, Chapter 2.7 shall be enforced.
6.17.110 – Procurement Requirements for City Departments, Direct Service Providers, and Vendors.
A. City departments, and direct service providers to the City, as applicable, must comply with the City–adopted procurement policy for Recovered Organic Waste Product Recycled–Content Paper.
B. All vendors providing Paper Products and Printing and Writing Paper to the City shall:
1. If fitness and quality are equal, provide Recycled–Content Paper Products and Recycled–Content Printing and Writing Paper that consists of at least 30 percent, by fiber weight, postconsumer fiber instead of non–recycled products whenever recycled Paper Products and Printing and Writing Paper are Available at the same or lesser total cost than non–recycled items.
2. Provide Paper Products and Printing and Writing Paper that meet Federal Trade Commission recyclability standards as defined in 16 CFR Section 260.12 of Code of Federal Regulations.
3. Certify in writing, under penalty of perjury, the minimum percentage of postconsumer material in the Paper Products and Printing and Writing Paper offered or sold to the City. This certification requirement may be waived if the percentage of postconsumer material in the Paper Products, Printing and Writing Paper, or both can be verified by a product label, catalog, invoice, or a manufacturer or vendor internet website.
4. Certify in writing, on invoices or receipts provided, that the Paper Products and Printing and Writing Paper offered or sold to the City is eligible to be labeled with an unqualified recyclable label as defined in 16 CFR Section 260.12 of Code of Federal Regulations.
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5. Provide records to the City’s designated personnel member for purposes of Recovered Organic Waste Product procurement recordkeeping in accordance with the City’s Recycled–Content Paper procurement policy(ies) of all Paper Products and Printing and Writing Paper purchases within thirty (30) days of the purchase (both recycled–content and non– recycled content, if any is purchased) made by any division or department or employee of the City. Records shall include a copy (electronic or paper) of the invoice or other documentation of purchase, written certifications as required in Sections 6.17.110(B)(3) and (B)(4) of this Chapter for recycled–content purchases, purchaser name, quantity purchased, date purchased, and recycled content (including products that contain none), and if non–recycled content Paper Products or Printing and Writing Papers are provided, include a description of why Recycled–Content Paper Products or Printing and Writing Papers were not provided.
6.17.120 – Inspections and Investigations.
A. City representatives and/or its designated entity, including Designees are authorized to conduct Inspections and Investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from Generators, or Source Separated materials to confirm compliance with this Chapter by Organic Waste Generators, Commercial Businesses (including Multi–Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self–Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow City to enter the interior of a private residential property for Inspection.
B. Organic Waste Generators, Commercial Businesses (including Multi–Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self–Haulers, Food Recovery Services, and Food Recovery Organizations shall provide or arrange for access during all Inspections (with the exception of residential property interiors) and shall cooperate with the City’s personnel or its Designee during such Inspections and Investigations.
Such Inspections and Investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this Chapter describe herein. Failure to provide or arrange for: (i) access to an entity’s premises, or (ii) access to records for any Inspection or Investigation is a violation of this Chapter and may result in penalties described.
C. Any records obtained by the City during its Inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act set forth in Government Code Section 6250 et seq.
D. City representatives/personnel and/or Designee are authorized to conduct any Inspections or other Investigations of Organic Waste Generators, Commercial Businesses (including Multi–Family Residential Dwellings), property owners, Commercial Edible Food Generators, Self–Haulers, Food Recovery Services, and Food Recovery Organizations as reasonably necessary to further the goals of this Chapter, subject to applicable laws.
E. City shall accept written complaints from persons regarding an entity that may be potentially non–compliant with SB 1383 Regulations, including receipt of anonymous complaints.
6.17.130 – Enforcement.
A. A violation of any provision of this Chapter shall constitute grounds for issuance of a Notice of Violation and assessment of a fine by a City Enforcement Official or representative. Enforcement Actions under this Chapter include, but are not limited to, issuance of an administrative citation and assessment of a fine. In addition to the procedures in this section 6.17.130, the City may enforce this Chapter consistent with the procedures in Montclair Municipal Code Chapter 1.04.
B. Other remedies allowed by law may be used for enforcement, including but not limited to civil action or prosecution as misdemeanor or infraction. The MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 25 of 265 FIRST
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City may pursue civil actions in the California courts to seek recovery of unpaid administrative citations. The City may choose to delay court action until such time as a sufficiently large number of violations, or cumulative size of violations exist such that court action is a reasonable use of City staff and resources.
C. Responsible Entity for Enforcement.
1. Enforcement pursuant to this Chapter may be undertaken by the City Enforcement Official or his/her designee authorized and legally able to undertake such action.
a. The City Enforcement Official or his/her designee will interpret this Chapter; determine the applicability of waivers, if violation(s) have occurred; implement Enforcement Actions; and, determine if compliance standards are met.
b. The City Enforcement Official or his/her designee may issue Notices of Violation(s).
D. Process for Enforcement
1. The City Enforcement Official or his/her designee will monitor compliance with this Chapter randomly and through compliance Reviews, Route Reviews, Investigation of complaints, and an Inspection program. Section 6.17.120 establishes City’s right to conduct Inspections and Investigations.
2. City may issue an official notification to notify regulated entities of its obligations under the ordinance.
3. Contamination Prevention.
a. For incidences of Prohibited Container Contaminants found by City or its Designee in containers, City will issue a Notice of Violation to any Generator found to have Prohibited Container Contamination in a container. Prior to issuance of a Notice of Violation, City’s Designee may provide an informal warning(s) or notice(s) of Container Contaminants via cart tag or other similar means including, but not limited to mailings, e–mail, or other electronic messages to the Generator and may include photographic evidence of the violation. Thereafter, any Notice of Violation shall be provided by the City via mail within two (2) days after City determines a violation has occurred with respect to Prohibited Container Contaminants. If the City or its Designee observes Prohibited Container Contaminants in a Generator’s containers on more than two (2) occasion(s) in any calendar year starting January 1, the City may assess an administrative fine or penalty on the Generator in accordance with Section 6.17.130(E).
b. In addition to 6.17.130(D)(3)(a), Designee may implement through Designee’s service rate structure a Contamination service charge for customers committing incidents of Prohibited Container
Contaminants. Designee shall provide such customers with written notice and/or cart tags, or such other procedures required under any contract, agreement, or similar contractual authorization between the City and its Designee, prior to levying any contamination service charge. The foregoing Contamination service charges shall not be considered an administrative fine or penalty. Any disputes arising from the assessment of a Contamination service charge shall be adjudicated pursuant to the customer complaint resolution process provided under the terms of any contract, agreement, or similar contractual authorization between the City and its Designee assigned to collect Organic Waste.
4. With the exception of violations of Generator Contamination of container contents addressed under Section 6.17.130(D)(3), City shall issue a Notice of Violation requiring compliance within 60 days of issuance of the notice.
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5. Absent compliance by the respondent within the deadline set forth in the Notice of Violation, City shall commence an Enforcement Action to impose penalties, via an administrative citation and fine pursuant to the City’s requirements contained in Section 6.17.130(J), Table 1, List of Violations.
Notices shall be sent to “owner” at the official address of the owner maintained by the tax collector for the City or if no such address is available, to the owner at the address of the dwelling or Commercial property or to the party responsible for paying for the collections services, depending upon available information.
E. Penalty Amounts for Types of Violations. The penalty levels for City–issued Notices of Violations are as follows:
1. For a first violation, the amount of the base penalty shall be $100 per violation.
2. For a second violation, the amount of the base penalty shall be $200 per violation.
3. For a third violation, the amount of the base penalty shall be $500 per violation.
F. Compliance Deadline Extension Considerations. The City may extend the compliance deadlines set forth in a Notice of Violation issued in accordance with this Section 6.17.130 if it finds that there are extenuating circumstances beyond the control of the respondent that make compliance within the deadlines impracticable, including the following:
1. Acts of God such as earthquakes, wildfires, flooding, and other emergencies or natural disasters;
2. Delays in obtaining discretionary permits or other governments agency approvals; or,
3. Deficiencies in Organic Waste recycling infrastructure or Edible Food Recovery capacity and the City is under a corrective action plan with CalRecycle pursuant to 14 CCR Section 18996.2 due to those deficiencies.
G. Appeals Process. Persons receiving an administrative citation containing a penalty for an uncorrected violation may request a hearing to appeal the citation pursuant to the appeal procedures in Montclair Municipal Code Section 1.08.010.
H. Education Period for Non–Compliance. Beginning on and after January 1, 2022, City will conduct Inspections, Route Reviews or waste evaluations, and Compliance Reviews, depending upon the type of regulated entity, to determine compliance with this Chapter, and if City determines that Organic Waste Generator, Self–Hauler, hauler Tier One Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service or other entity is not in compliance, it shall provide educational materials to the entity describing its obligations under this Chapter and a notice that compliance is required by July 1, 2022, or other date as set by resolution of the City Council, and that violations may be subject to administrative civil penalties starting on January 1, 2024.
I. Civil Penalties for Non–Compliance. Beginning January 1, 2024, if the City determines that an Organic Waste Generator, Self–Hauler, hauler, Tier One or Tier Two Commercial Edible Food Generator, Food Recovery Organization, Food Recovery Service or other entity is not in compliance with this Chapter it shall document that noncompliance or violation, issue a Notice of Violation, and take Enforcement Action pursuant to this Section
6.17.130, as needed.
J. Enforcement Table – Non–exclusive List of Violations. Table 1 below provides a non–exclusive list of violations of this Chapter, which may subject an entity to an Enforcement Action pursuant to this Section
6.17.130.
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Table 1. List of Violations
REQUIREMENT DESCRIPTION OF VIOLATION
Commercial Business and
Commercial Business Owner
Responsibility Requirement
Section 6.17.030
Commercial Business fails to provide or
arrange for Organic Waste collection
services consistent with City requirements
and as outlined in this Chapter, for
employees, contractors, tenants, and
customers, including supplying and
allowing access to adequate numbers,
size, and location of containers and
sufficient signage and container color.
Organic Waste Generator
Requirement
Sections 6.17.020 and 6.17.030
Organic Waste Generator fails to comply
with requirements adopted pursuant to
this Chapter for the collection and
Recovery of Organic Waste.
Hauler Requirement
Section 6.17.070
A hauler providing Residential,
Commercial or industrial Organic Waste
collection service fails to transport
Organic Waste to a facility, operation,
activity, or property that recovers Organic
Waste, as prescribed by this Chapter.
Hauler Requirement
Section 6.17.070
A hauler providing Residential,
Commercial or industrial Organic Waste
collection service fails to obtain applicable
approval issued by the City to haul
Organic Waste as prescribed by this
Chapter.
Hauler Requirement
Section 6.17.070
A hauler fails to keep a record of the
applicable documentation of its approval
by the City, as prescribed by this Chapter.
Self–Hauler Requirement
Section 6.17.080
A generator who is a Self–Hauler fails to
comply with the requirements of 14 CCR
Section 18988.3(b).
Commercial Edible Food Generator
Requirement
Section 6.17.050
Tier One Commercial Edible Food
Generator fails to arrange to recover the
maximum amount of its Edible Food that
would otherwise be disposed by
establishing a contract or written
agreement with a Food Recovery
Organization or Food Recovery Service
and comply with this Section commencing
July 1, 2022, or other date as set by
Resolution of the City Council.
Commercial Edible Food Generator
Requirement
Section 6.17.050
Tier Two Commercial Edible Food
Generator fails to arrange to recover the
maximum amount of its Edible Food that
would otherwise be disposed by
establishing a contract or written
agreement with a Food Recovery
Organization or Food Recovery Service
and comply with this Section commencing
January 1, 2024.
Commercial Edible Food Generator
Requirement
Section 6.17.050
Tier One or Tier Two Commercial Edible
Food Generator intentionally spoils Edible
Food that is capable of being recovered by
a Food Recovery Organization or Food
Recovery Service.
Organic Waste Generator,
Commercial Business Owner,
Commercial Edible Food Generator,
Food Recovery Organization or
Food Recovery Service
Sections 6.17.030 and 6.17.050
Failure to provide or arrange for access to
an entity’s premises for an Inspection or
investigation.
Recordkeeping Requirements for
Commercial Edible Food Generator
Section 6.17.050
Tier One or Tier Two Commercial Edible
Food Generator fails to keep records, as
prescribed by Section 6.17.050.
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Recordkeeping Requirements for
Food Recovery Services and Food
Recovery Organizations
Section 6.17.060
A Food Recovery Organization or Food
Recovery Service that has established a
contract or written agreement to collect or
receive Edible Food directly from a
Commercial Edible Food Generator
pursuant to 14 CCR Section 18991.3(b)
fails to keep records, as prescribed by
section 6.17.060.
6.17.140 – Coordination and Interpretation in Conjunction With Related Solid Waste Ordinances.
In interpreting this Chapter in conjunction with the City’s general Solid Waste regulations (Montclair Municipal Code Chapter 6.16), in the event of any conflict between this Chapter and Chapter 6.16 that cannot be reasonably harmonized through the application of lawful principles of statutory construction, the provision of this Chapter shall control with respect to all issues specific to the regulation of Organic and Food Waste collection, disposal, enforcement, and penalties.
SECTION V. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional.
SECTION VI. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after passage.
SECTION VII. Posting. The City Clerk shall certify to the passage of this Ordinance and cause the same to be posted pursuant to Government Code Section 36933.
APPROVED AND ADOPTED this XX day of XX, 2022.
Mayor
ATTEST:
City Clerk
I, Andrea M. Myrick, City Clerk of the City of Montclair, DO HEREBY CERTIFY that the foregoing is a true and correct copy of Ordinance No. 22–1001 of said City, which was introduced at a regular meeting of the City Council held on the XX day of XX, 2022, and finally passed not less than five (5) days thereafter on the XX day of XX, 2022, by the following vote, to–wit:
AYES: XX
NOES: XX
ABSTAIN: XX
ABSENT: XX
Andrea M. Myrick
City Clerk
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CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 1
FILE I.D.: FIN520
DEPT.: FINANCE
PREPARER: J. KULBECK
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council is requested to consider receiving and filing the City of Montclair Treasurer's Report for the month ending April 30, 2022.
BACKGROUND: Included in the City Council’s agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2022.
FISCAL IMPACT: Routine—report of City's cash and investments.
RECOMMENDATION: Staff recommends the City Council receive and file the Treasurer's Report for the month ending April 30, 2022.
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CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 2
FILE I.D.: FIN540
DEPT.: FINANCE
PREPARER: L. LEW/V. FLORES
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER AND PAYROLL DOCUMENTATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of the Warrant Register and Payroll Documentation.
BACKGROUND: Mayor Pro Tem Ruh has examined the Warrant Register dated May 16, 2022, and the Payroll Documentation dated April 24, 2022, and recommends their approval.
FISCAL IMPACT: The Warrant Register dated May 16, 2022, totals $1,408,005.57.
The Payroll Documentation dated April 24, 2022 totals $699,954.79 gross, with $489,222.31 net being the total cash disbursement.
RECOMMENDATION: Staff recommends the City Council approve the above–referenced Warrant Register and Payroll Documentation.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 31 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 3
FILE I.D.: FIN510
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors (Successor Agency Board) is requested to consider receiving and filing the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2022, pursuant to state law.
BACKGROUND: Included in the Successor Agency Board’s agenda packet is a copy of the Successor to the Redevelopment Agency Treasurer's Report for the period ending April 30, 2022.
FISCAL IMPACT: Routine—report of the Successor Agency's cash.
RECOMMENDATION: Staff recommends the Successor Agency Board receive and file the Successor to the Redevelopment Agency Treasurer's Report for the month ending April 30, 2022.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 32 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 4
FILE I.D.: FIN530
DEPT.: SA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The City Council acting as Successor to the Redevelopment Agency Board of Directors is requested to consider receiving and filing the Successor to the Redevelopment Agency Warrant Register for the month ending April 30, 2022, pursuant to state law.
BACKGROUND: Vice Chair Ruh has examined the Successor to the Redevelopment Agency Warrant Register dated 04.01.22–04.30.22 in the amounts of $20,630.72 for the Combined Operating Fund and $0.00 for the Redevelopment Obligation Retirement Funds, and finds it to be in order.
FISCAL IMPACT: Routine—report of Agency's obligations.
RECOMMENDATION: Vice Chair Ruh recommends the City Council as Successor to the Redevelopment Agency Board of Directors approve the Successor to the Redevelopment Agency Warrant Register for the period ending April 30, 2022.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 33 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 5
FILE I.D.: FIN525
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to receive and file the Montclair Housing Corporation Treasurer's Report for the month ending April 30, 2022, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Corporation Board agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2022.
FISCAL IMPACT: Routine—report of the Montclair Housing Corporation's cash and investments.
RECOMMENDATION: Staff recommends the Montclair Housing Corporation Board of Directors receive and file the Treasurer's Report for the month ending April 30, 2022.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 34 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 6
FILE I.D.: FIN545
DEPT.: MHC
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Corporation Board of Directors is requested to consider receiving and filing the Warrant Register for the month ending April 30, 2022, pursuant to state law.
BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 04.01.22–
04.30.22 in the amount of $125,611.24 for the Montclair Housing Corporation and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Corporation's obligations.
RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Corporation Board of Directors approve the Warrant Register for the period ending April 30, 2022.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 35 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 7
FILE I.D.: FIN525
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER RECEIVING AND FILING OF TREASURER'S REPORT REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to receive and file the Montclair Housing Authority Treasurer's Report for the month ending April 30, 2022, pursuant to state law.
BACKGROUND: Included in the Montclair Housing Authority Commission’s agenda packet is a copy of the Treasurer's Report for the period ending April 30, 2022.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Staff recommends the Montclair Housing Authority Commission receive and file the Treasurer's Report for the month ending April 30, 2022.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 36 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 8
FILE I.D.: FIN545
DEPT.: MHA
PREPARER: C. RAMIREZ
SUBJECT: CONSIDER APPROVAL OF WARRANT REGISTER
REASON FOR CONSIDERATION: The Montclair Housing Authority Commission is requested to consider receiving and filing the Warrant Register for the month ending April 30, 2022, pursuant to state law.
BACKGROUND: Vice Chair Ruh has examined the Warrant Register dated 04.01.22–
04.30.22 in the amount of $0.00 for the Montclair Housing Authority and finds it to be in order.
FISCAL IMPACT: Routine—report of Montclair Housing Authority's obligations.
RECOMMENDATION: Vice Chair Ruh recommends the Montclair Housing Authority Commission approve the Warrant Register for the period ending April 30, 2022.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 37 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - ADMIN. REPORTS
ITEM NO.: 9
FILE I.D.: LDU600
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER APPROVAL OF TRACT MAP NO. 20273 LOCATED ON THE NORTH SIDE OF
ARROW HIGHWAY NEAR FREMONT AVENUE
CONSIDER AUTHORIZING TRACT MAP NO. 20273 TO BE RECORDED WITH THE
OFFICE OF THE SAN BERNARDINO COUNTY RECORDER SUBJECT TO FINAL APPROVAL
BY THE CITY ENGINEER
REASON FOR CONSIDERATION: Land subdivisions, including parcel maps and tract maps, are allowed by the Subdivision Map Act, subject to City Council approval. The City Council is requested to consider approval of Tract Map No. 20273, generally located on the north side of Arrow Highway near Fremont Avenue, and authorize staff to record the tract map with the Office of the San Bernardino County Recorder subject to final approval by the City Engineer.
BACKGROUND: On December 7, 2020, the City Council adopted Resolution No. 20– 3285 approving Tentative Tract Map No. 20273 located on the north side of Arrow Highway near Fremont Avenue. Tract Map No. 20273, known as The Village at Montclair, is within the Station District zoning area of the North Montclair Downtown Specific Plan (NMDSP). The Arrow Station residential community is on the west, Montclair Transcenter on the north, and the Pep Boys auto store and self–serve car wash on the east.
The tract map creates six (6) numbered parcels and Lot “A” designated as a public park (Exhibit “A”). The new lots are arranged around U–shaped public streets that connect at two points to Arrow Highway. The proposed street configuration also includes a street segment extending eastward to the east property line to establish a connection point for a future development on the adjacent parcel.
The public park is located at the center of the site and intended to provide an open space area to be used by future residents for open space, passive recreational activities, and public events. The new park is rectangular in shape, approximately 13,547 square feet (0.311–acres) in size. Park amenities include a tree–lined turf area, a pavilion, water fountain, and seating.
The tract map also includes two (2) public easements located on Parcels 4 and 5. These easements are intended to facilitate public pedestrian access to the site from the west (the Arrow Station community) and from the site to the Montclair Transcenter immediately north of the site across the rail lines.
The parking structure in Parcel 4 is a private structure and is needed to meet parking requirements for the residential portion of the project. A future public parking structure to support commercial uses in the area with short–term parking is located in Parcel 6 as designated by the NMDSP.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 38 of 265 FISCAL IMPACT: Approval of Tract Map No. 20273 will create an unknown but positive fiscal impact to the City through increased property values and sales taxes.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Tract Map No. 20273 located on the north side of Arrow Highway near Fremont Avenue.
2. Authorize Tract Map No. 20273 to be recorded with the Office of the San Bernardino County Recorder subject to final approval by the City Engineer.
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CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 1
FILE I.D.: PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–11 WITH THE SAN BERNARDINO COUNTY OFFICE OF EMERGENCY SERVICES AUTHORIZING THE RECEIPT OF $19,472 FROM THE FY 2020 HOMELAND SECURITY GRANT PROGRAM
CONSIDER AUTHORIZING A $19,472 APPROPRIATION FROM THE PUBLIC SAFETY
GRANT FUND TO PURCHASE COMMUNICATIONS EQUIPMENT FOR THE COMMAND TRAILER AND A WALK–THROUGH METAL DETECTOR FOR THE POLICE STATION REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–11 with the San Bernardino County Office of Emergency Services (County OES) authorizing the receipt of $19,472 from the FY 2020 Homeland Security Grant Program (HSGP), and authorizing a $19,472 appropriation from the Public Safety Grant Fund to purchase communications equipment for the Command Trailer and a walk–through metal detector for the Police Station. The Public Safety Grant Fund would be fully reimbursed by the FY 2020 HSGP.
A copy of Agreement No. 22–11 with County OES is attached for City Council’s review and consideration.
BACKGROUND: The State HSGP is designed to assist organizations, government agencies, and communities in implementing programs and measures to prevent, prepare for, protect against, mitigate against, respond to, and recover from all terror–related hazards and acts of terrorism. It is administered and funded by the California Governor’s Office of Emergency Services (Cal OES). County OES is a subgrantee of the HSGP and oversees the administration of grant funds for the San Bernardino County Operational Area. In its capacity as subgrantee, County OES is tasked with applying for HSGP funds on behalf of regional jurisdictions. Through this process, on February 7, 2022, the Montclair Police Department was approved to receive $19,472 in FY 2020 HSGP funds.
After procurement of equipment is completed, a request for reimbursement would be submitted to County OES.
The Police Department has received approval to use FY 2020 HSGP funds to procure communications equipment for the Command Trailer to ensure operational communication service to the public and its officers should the Police Department’s Communications Center be declared inoperable or ineffective due to threats, hazards, or other emergency situations. The purpose of the Communications Center is to satisfy the immediate information needs of the Police Department in the course of its normal daily activities as well as during emergencies and to provide assistance to the public. By outfitting the Command Trailer with the necessary equipment, the Police Department would be able to ensure timely communications when the Communications Center is unable to operate in this capacity, which could save lives and protect property and the environment.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 44 of 265 County OES approved the following communications equipment for the Command Trailer: two laptops, two laptop docking stations, one laptop transport case, three monitors, three monitor mounts, accessories, two phones, and five, two–factor authentication software licenses. The total approved allocation for this project is $10,485. The proposed communications equipment would be stored in the Command Trailer allowing for quick activation and would be utilized to maintain operational communications during an emergency.
The Mitel phone hardware would integrate with the Citywide Mitel phone system, allowing non–emergency PSAP phone lines to be redirected to the Command Trailer. The laptop computer docking stations would allow the laptop computers to be easily dropped in place when the Command Trailer is active. When it is not active, the laptops could be removed from the dock and stored securely in the transport case, which would be stored in the trailer. The additional monitors would be installed in the trailer using the monitor mounts and would be connected to the laptop computers via the docking station allowing communications personnel to view computer aided dispatch (CAD), records management system (RMS), and other law enforcement applications on these monitors. The two– factor authentication software would be used to secure network logins to the laptop computers, which would satisfy the multifactor authentication requirement of the Department of Justice (DOJ). Some of the approved accessories include a wireless router, which would be used to connect the Command Trailer computer network into the Police Department’s local network and CAD application, and interface 1B handgrip cables that would allow communications personnel to connect their headsets to a Motorola XTS 5000 handheld radio giving personnel the ability to operate a portable radio in the Command Trailer leaving their hands free to type. The other miscellaneous accessories, such as an antenna, HDMI cable, and surge protector, would all be necessary to ensure proper set up and functionality of the Communications Center in the Command Trailer.
Having the capability to effectively transfer the Communications Center’s functionality to the Command Trailer would strengthen and enhance the Police Department’s emergency communications capabilities.
Bid quotations for the purchase of two laptop computers were received from the following vendors:
Vendor Bid Amount
CDW–G $4,233.82
Provantage $4,261.90
HP $4,344.02
CDW–G is the selected vendor for the purchase of the laptop computers as this vendor has the lowest bid offering competitive pricing and has a proven, reliable track record with the City.
Staff received a quote for $1,082.75 from RadioMate for three interface 1B handgrip cables. These cables must be custom–built, and there are no other companies to compare quotes for this specialized cable.
The Department also received approval to procure a walk–through metal detector to screen persons entering the non–public areas of the Police Station, which would enhance security and prevent threats through non–intrusive means. The total approved allocation for this project is $8,987.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 45 of 265 Since the dedication of the Department’s new Police Station in 2008, there has not been a system in place to screen personnel for dangerous weapons and/or firearms upon entry into the non–public areas of the police station. The Department’s handheld metal detector wands are outdated and inoperable making invasive physical searches of persons the only alternative procedure for screening. A walk–through metal detector is non–invasive and would enhance the safety of the Department’s officers, staff, and visitors. It would be located at the west entrance that is used to escort victims and subjects to the Department’s interview rooms, which would ensure persons are screened prior to law enforcement contact. The metal detector would provide uniform detection and precise pinpointing capable of identifying multiple target locations precisely from head to toe on the left, center, and right sides of the body. The metal detector would also be portable and have an extended battery module making it easy to quickly move it to alternate locations within the station to scan visitors entering training facilities or attending community events at the station as well as community events held elsewhere in the City. Having a walk–through metal detector would allow the Department to prevent, avoid or stop threats and hazards that could pose a great risk as well as an imminent, threatened or actual act of terrorism.
Bid quotations for the purchase of a walk–through metal detector were received from the following vendors:
Vendor Bid Amount
Zorpro, LLC $4,520
Garrett Electronics Inc. $5,792
CEIA–USA $5,915
Garrett Electronics Inc. is the selected vendor for the purchase of the walk–through metal detector. This vendor offers a 24–month warranty, and the cost includes assembly, set– up, and training that the other vendors do not offer. Other local law enforcement agencies have used Garrett Electronics Inc. to purchase their walk–through metal detectors and have been satisfied with its product and service.
FISCAL IMPACT: If approved by the City Council, the purchase of communications equipment for the Command Trailer and a walk–through metal detector for the Police Station would result in an appropriation from the Public Safety Grant Fund (1163) in the amount of $19,472. The City would receive full reimbursement from the FY 2020 HSGP.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement No. 22–11 with the San Bernardino County Office of Emergency Services authorizing the receipt of $19,472 from the FY 2020 Homeland Security Grant Program.
2. Authorize a $19,472 appropriation from the Public Safety Grant Fund to purchase communications equipment for the Command Trailer and a walk–through metal detector for the Police Station.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 46 of 265 Agreement No. 22-11
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CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 2
FILE I.D.: LDU462
DEPT.: PUBLIC WORKS
PREPARER: M. HEREDIA
SUBJECT: CONSIDER AUTHORIZING A $1,076,905 APPROPRIATION FROM 2021 LEASE
REVENUE BOND FUNDS FOR THE PREPARATION OF PRELIMINARY DESIGN PLANS FOR
SELECTED ROADWAYS IN THE NORTH MONTCLAIR DOWNTOWN SPECIFIC PLAN (NMDSP) AND MONTCLAIR PLACE DISTRICT SPECIFIC PLAN (MPDSP) CONSIDER APPROVAL OF AGREEMENT NO. 22–32 WITH MOULE & POLYZOIDES FOR
THE PREPARATION OF PRELIMINARY DESIGN PLANS FOR SELECTED ROADWAYS IN
THE NMDSP & MPDSP SUBJECT TO ANY REVISIONS DEEMED NECESSARY BY THE CITY
ATTORNEY
CONSIDER AUTHORIZING THE CITY MANAGER TO AMEND THE SCOPE OF SERVICES AS NECESSARY FOR A CONTINGENCY AMOUNT NOT TO EXCEED $133,500 REASON FOR CONSIDERATION: On November 10, 2021, the City Council approved a list of priorities to be funded by Lease Revenue Bond Issue 2021A, including street improvements in the North Montclair Downtown Specific Plan (NMDSP) and Montclair Place District Specific Plan (MPDSP) areas.
The City Council is requested to consider approval of Agreement No. 22–32 with Moule & Polyzoides (M&P), subject to necessary revisions by the City Attorney, and authorize a $1,076,905 appropriation from 2021 Lease Revenue Bond funds to cover the contract amount and reimbursable expenses. Agreements for professional services are subject to City Council Approval. A copy of proposed Agreement No. 22–32 including Exhibit A is attached for City Council review and consideration.
BACKGROUND: The NMDSP and MPDSP specific plans propose transit–oriented development planned in a pattern of neighborhoods and grids that promote walkability and community. The specific plans attempt to establish residential development patterns that reduce urban sprawl and increase the use of public transportation. Since adoption, staff has actively worked in implementing guidelines in the NMDSP and MPDSP for development projects, including the Paseos, Arrow Station, Kendry Apartments, and The Village at Montclair.
Both specific plans contain ideal street development concepts that are part of the vision for the area, but are too conceptual in nature to provide specific direction. To assist in furthering the goals of the NMDSP and MPDSP, a Street Improvement Master Plan is necessary to convey to the community, property owners, and developers the City’s vision and intentions for key streets within the plan areas. Key streets identified for specific attention included Moreno Street, Monte Vista Avenue, Central Avenue, Richton Street, Arrow Highway, Huntington Drive, and the La Rambla at Montclair Place.
To accommodate actual field conditions that might affect the achievement of the ideal street conceptions, language in the specific plans is included to allow for a measure of flexibility when warranted to deal with unusual situations. Moreover, the approved Street Improvement Master Plan would be instrumental in guiding future developers and to seek reimbursement as these roadway improvements are designed and constructed.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 56 of 265 Moule & Polyzoides (M&P) was the consultant that developed the specific plans and was selected through a Request for Proposals process. Staff recommends the selection of M&P for this task because of their expertise with transit–oriented developments and extensive knowledge and understanding of the specific plans. Most recently, M&P was the lead in preparing the Arrow Highway and Fremont Avenue Streetscape Project plans.
Accordingly, proposals from other firms were not sought, since no other firm has the institutional knowledge gained by participating in both the development of the specific plans and site specific streetscape projects.
The proposed new agreement with M&P to provide preliminary design services is in the best interest of the City and within the City’s purchasing guidelines. Phase 1 – Street Improvement Master Plan refines the streetscape of roadways in areas north of the I–10 Freeway. Phase 1 will be led by M&P with support from Fong Hart Schneider + Partners (FHS+P) for Landscape Architecture, Fehr & Peers (F&P) for Transportation Engineering, and KPFF for Civil Engineering. Completion of Phase 1 will also enable the City to convey the City’s intentions to various agencies, including Metrolink, Metro, and Caltrans, and provide a basis for procuring funding from these agencies and pursue grant funding.
Approval of additional agreements for final design services (Phase 2 – Construction Documents) will be required when Phase 1 is completed.
The City’s standard agreement for consulting services has been used as the format for Agreement No. 22–32. The work to be performed by M&P is shown in Exhibit A and is summarized below for each selected road segment:
Assess and develop three (3) street design concepts
Provide visuals for different alternative designs
Prepare memo documenting key issues and strategies to resolve constraints Provide preliminary cost estimates of the preferred streetscape scheme Community meetings
Surveying and Geotechnical Analysis
Mapping of underground utilities
Intersection Analysis and cost estimating for any potential intersection changes at the following nine intersections: Monte Vista/Richton; Monte Vista/Arrow; Monte Vista/Moreno; Monte Vista/San Jose; Moreno/Fremont; Central/Richton; Central/Arrow; Central/Monte Vista; and Central/Montclair Place entrance.
FISCAL IMPACT: M&P’s fee proposal is $943,405. Staff is requesting an additional $133,500 as a contingency in the event there is additional work required beyond the scope of services. The preliminary design services for the selected roadway segments in the NMDSP and MPDSP will be funded using 2021 Lease Revenue Bond Funds.
Staff will return to City Council with reimbursement agreements with developers for the design and construction of roadways within their respective developments.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Authorize a $1,076,905 appropriation from 2021 Lease Revenue Bond Funds for the preparation of preliminary design plans for selected roadways in the NMDSP and MPDSP;
2. Approve Agreement No. 22–32 with Moule & Polyzoides for the preparation of preliminary design plans for selected roadways in the NMDSP and MPDSP subject to any revisions deemed necessary by the City Attorney ; and
3. Authorize the City Manager to amend the Scope of Services as necessary for a contingency amount not to exceed $133,500.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 57 of 265 Agreement No. 22-32
CITY OF MONTCLAIR
AGREEMENT FOR CONSULTANT SERVICES
NORTH MONTCLAIR STREET IMPROVEMENT MASTER PLAN
THIS AGREEMENT is made and effective as of May 16, 2022, between the City of Montclair, a municipal corporation ("City") and Moule & Polyzoides, a California corporation ("Consultant"). In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM
This Agreement shall commence on May 16, 2022 and shall remain and continue in effect for a period of 12 months until tasks described herein are completed, but in no event later than April 18, 2023, unless sooner terminated pursuant to the provisions of this Agreement.
2. SERVICES
Consultant shall perform the tasks described and set forth in Exhibit A, attached hereto and incorporated herein as though set forth in full. Consultant shall complete the tasks according to the schedule of performance which is also set forth in Exhibit A.
3. PERFORMANCE
Consultant shall at all times faithfully, competently and to the best of his/her ability, experience and talent, perform all tasks described herein. Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Consultant hereunder in meeting its obligations under this Agreement.
4. CITY MANAGEMENT
City’s City Manager shall represent City in all matters pertaining to the administration of this Agreement and shall be authorized to act on City’s behalf and to execute all necessary documents which enlarge the Tasks to be Performed or change Consultant’s compensation, subject to Section 5 hereof.
5. PAYMENT
(a) The City agrees to pay Consultant monthly, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed $859,805 for the total term of the Agreement unless additional payment is approved as provided in this Agreement.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 58 of 265 Agreement No. 22-32
(b) Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. Consultant shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and Consultant at the time City’s written authorization is given to Consultant for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the Agreement, but in no event shall total compensation exceed One Hundred Thousand Dollars ($100,000.00). Any additional work in excess of this amount shall be approved by the City Council.
(c) Consultant will submit invoices monthly for actual services performed. Said invoices shall detail all costs, rates and hours for individual tasks. Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the City disputes any of the Consultant’s fees, it shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. (d) Consultant agrees that, in no event shall City be required to pay to Consultant any sum in excess of ninety-five percent (95%) of the maximum payable hereunder prior to receipt by City of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to City. Final payments shall be made no later than sixty (60) days after presentation of final documents and acceptance thereof by City.
6. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE (a) The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Consultant at least ten (10) days prior written notice. Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise.
If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. (b) In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant on a pro-rata basis the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City pursuant to Section 5(c).
7. DEFAULT OF CONSULTANT
(a) The Consultant’s failure to comply with the provisions of this Agreement shall constitute a default. In the event that Consultant is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Consultant. If such failure by the MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 59 of 265 Agreement No. 22-32
Consultant to make progress in the performance of work hereunder arises out of causes beyond the Consultant’s control, and without fault or negligence of the Consultant, it shall not be considered a default.
(b) If the City Manager or his/her delegate determines that the Consultant is in default in the performance of any of the terms or conditions of this Agreement, he/she shall cause to be served upon the Consultant a written notice of the default. The Consultant shall have ten (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS
(a) Consultant shall maintain complete and accurate records with respect to billed time, sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to the representatives of City or its designees at reasonable times to such books and records; shall give City the right to examine and audit said books and records; shall permit City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. (b) Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, claims, applications, computer files, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant’s office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION
(a) Defense, Indemnity and Hold Harmless. Consultant shall defend, indemnify, and hold harmless the City, its present and former officers, directors, employees, agents, staff, volunteers, mayor, council, boards, committees, and representatives, as broadly interpreted (collectively, the “Indemnified Parties”), of and from all claims, suits, demands, obligations, losses, damages, sums, or any other matters threatened or presently asserted, including but not limited to all legal fees, costs of defense and litigation expenses (including legal fees, expert fees and any other costs or fees, MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 60 of 265 Agreement No. 22-32
including those of adverse parties imposed on or sought against the Indemnified Parties), arising directly or indirectly out of any liability or claim of loss or liability for personal injury, bodily injury to persons, contractual liability, errors or omissions, breach, failure to perform, damage to or loss of property, or any other loss, damage, injury or other claim of any kind or nature arising out of the work to be performed by Consultant herein, caused by or arising out of the negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents, and other persons or entities performing work for Consultant. (b) Contractual Indemnity. To the fullest extent permitted under California law, Consultant shall contractually indemnify, defend and hold harmless the Indemnified Parties from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses, amounts for good faith settlement, or costs of any kind, whether actual, alleged or threatened, including attorney’s fees and costs, court costs, interest, defense costs, and expert witness fees and costs), arising out of or related to, in whole or in part, the performance of this Agreement by Consultant or by any individual or entity for which Consultant is legally liable, including but not limited to Consultant’s officers, agents, representative, employees, independent contractors, subcontractors, subconsultants, or affiliated or related entities and/or its or their employees, agents and representatives, caused by or arising out of all negligent acts or omissions, or intentional misconduct of Consultant, including its subcontractors, subconsultants, employees, agents and other persons or entities performing work for Consultant. Indemnification shall include any claim that Consultant, or Consultant’s employees or agents, are or may be considered and treated as employees of the City or are entitled to any employee benefits from City including but not limited to those available under Public Employees Retirement Law.
The obligation to indemnify, defend and hold harmless the Indemnified Parties shall apply to all liability as defined above regardless of whether the Indemnified Parties were or are alleged to have been negligent, except that it shall not apply to claims arising from the sole negligence or willful intentional misconduct of the Indemnified Parties.
Consultant’s obligation to defend the Indemnified Parties is not contingent upon there being an acknowledgement of or determination of the merit of any claims, liability, demands, causes of action, suits, losses, expenses, errors, omissions and/or costs. (c) Subcontractors/Subconsultants and Indemnification. Consultant agrees to and shall obtain executed indemnity agreements in favor of the Indemnified Parties with provisions identical to those set forth from each and every Subcontractor, Sub consultant, or other person or entity involved by, for, with, or on behalf of Consultant in the performance of any aspect of this Agreement. In the event Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible for each and every Subcontractor, Subconsultant or other person or entity in terms of defense, indemnity and hold harmless obligations in favor of the Indemnified Parties as set forth above.
This obligation to indemnify and defend the Indemnified Parties is binding on the successors, assigns, or heirs of Consultant and shall survive the full performance or termination of this Agreement. These indemnification provisions are independent of and shall not in any way be limited or superseded by the insurance requirements and insurance-related provisions of this Agreement.
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(d) City Lost or Damaged Property – Theft. Consultant further agrees to pay or cause to be paid to the Indemnified Parties’ benefit, any and all damages, fines, penalties, and loss or theft of property of the City arising out of or related in any way to the negligent acts or omissions or intentional misconduct of Consultant or of Consultant’s officers, agents, representatives, employees, independent contractors, subcontractors or affiliated or related entities and/or its or their employees, agents and representatives, whether such actions, omissions to act, negligence or intentional conduct is or was authorized by this Agreement or not. City assumes no responsibility whatsoever for any property placed on the premises of City. Consultant further agrees to waive all rights of subrogation against the Indemnified Parties. (e) Non-Waiver and Non-Exhaustion of City’s Further Rights and Remedies. No aspect of this provision shall in any way limit or effect the rights of the Indemnified Parties against the Consultant under the terms of this Agreement or otherwise. The indemnification provisions shall apply regardless of whether this Agreement is executed after Consultant begins the work and shall extend to claims arising after this Agreement is performed or terminated, including a dispute as to the termination of Consultant. The indemnity obligations of Consultant shall continue until it is determined by final judgment that the claim against the City and any Indemnified Parties is determined by final judgment and after exhaustion of any rights of appeal. Further, no aspect of this provision shall impact the City’s rights to contribution from Consultant, or for the City to dispute Consultant’s refusal to defend and indemnify City. (f) Limitations on Scope of Indemnity. Notwithstanding the foregoing, Consultant shall not be responsible for indemnification for claims or losses caused by the sole negligence or intentional wrongdoing of Indemnified Parties. Further, the indemnity provided shall be interpreted as broadly as permitted under California law and as to agreements between parties and shall if required be reformed to be consistent with those laws to protect and save this provision for the protection of the Indemnified Parties.
(g) The obligations of Consultant under this or any other provision of this Agreement shall not be limited by the provisions of any workers’ compensation act or similar act.
The Consultant expressly waives any statutory immunity under such statutes or laws as to the Indemnified Parties. The Consultant’s indemnity obligation set forth in this Section 9 shall not be limited by the limits of any policies of insurance required or provided by the Consultant pursuant to this Agreement.
(h) The Consultant’s covenant under this Section 9 shall survive the expiration or termination of this Agreement.
10. INSURANCE
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
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(a) Types of Required Coverages
Without limiting the indemnity provisions of the Contract, the Consultant shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (1) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office “occurrence” form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than $3,000,000 per occurrence, and $5,000,000 aggregate total bodily injury, personal injury, and property damage.
(2) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering “Any Auto” (Symbol 1), including owned, non-owned and hired autos, or the exact equivalent, with minimum limits of $5,000,000 for bodily injury and property damage, each accident. If Contractor owns no vehicles, auto liability coverage may be provided by means of a non-owned and hired auto endorsement to the general liability policy. Automobile liability insurance and endorsements shall be kept in force at all times during the performance of this Agreement.
(3) Workers’ Compensation: Workers’ Compensation Insurance, as required by the State of California and Employer’s Liability Insurance with a limit of not less than $1,000,000 each accident for bodily injury and $1,000,000 each employee for bodily injury by disease. (4) Professional Liability: Professional Liability insurance with limit of not less than $3,000,000 each claim. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusion that may potentially affect the work to be performed.
(b) Endorsements
Insurance policies shall not be in compliance if they include any limiting provision or endorsement. The insurance policies shall contain, or be endorsed to contain, the following provisions:
(1) Commercial General Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. Coverage for the additional insureds shall apply to the fullest extent permitted by law.
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Additional Insured Endorsements shall not:
1. Be limited to “Ongoing Operations”
2. Exclude “Contractual Liability”
3. Restrict coverage to the “Sole” liability of Consultant
4. Exclude “Third-Party-Over Actions”
5. Contain any other exclusion contrary to the Agreement Additional Insured Endorsements shall be at least as broad as ISO Forms CG 20 10 11 85; or CG 20 and 10 and CG 2037.
Primary Insurance: This insurance shall be primary and any other insurance, whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement, shall be in excess of, and shall not contribute with, this insurance. Coverage shall be at least as broad as ISO CG 20 01 04 13. (2) Auto Liability
Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents, and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant.
Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance.
(3) Workers’ Compensation
Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. (c) Notice of Cancellation
Required insurance policies shall not be cancelled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium.
(d) Waiver of Subrogation
Required insurance coverages shall not prohibit Consultant from waiving the right of subrogation prior to a loss. Consultant shall waive all rights of subrogation against the indemnified parties and policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer.
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(e) Evidence of Insurance
All policies, endorsements, certificates, and/or binders shall be subject to approval by the City as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the City. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. (f) Deductible or Self-Insured Retention
Any deductible or self-insured retention must be approved in writing by the City and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or selfinsured retention. The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the Consultant or the City.
(g) Contractual Liability/Insurance Obligations
The coverage provided shall apply to the obligations assumed by the Consultant under the indemnity provisions of this Agreement. The insurance obligations under this Agreement shall be: (1) all the insurance coverage and/or limits carried by or available to the Consultant; or (2) the minimum insurance coverage requirements and/or limits shown in this Agreement; whichever is greater. Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the City. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of the Consultant under this Agreement.
(h) Failure to Maintain Coverage
Consultant agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been furnished to the City. The City shall have the right to withhold any payment due Consultant until Consultant has fully complied with the insurance provisions of this Contract. In addition, the City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
In the event that the Consultant’s operations are suspended for failure to maintain required insurance coverage, the Consultant shall not be entitled to an extension of time for completion of the Work because of production lost during suspension.
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(i) Acceptability of Insurers
Each such policy shall be from a company or companies with a current A.M. Best’s rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing in accordance with the City.
(j) Claims Made Policies
If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial Consultant’s Agreement with the City and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5) years from termination or expiration of this Agreement.
(k) Insurance for Subcontractors
Consultant shall be responsible for causing Subcontractors/Subconsultants to purchase the same types and limits of insurance in compliance with the terms of this Agreement, including adding the City as an Additional Insured, providing Primary and NonContributory coverage and Waiver of Subrogation to the Subcontractors’/Subconsultant’s policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as board as CG 20 38 04 13.
11. INDEPENDENT CONTRACTOR
(a) Consultant is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control and shall not be construed to be employees of City for any purpose, including eligibility under Public Employees Retirement Law. Neither City nor any of its officers, employees, or agents shall have control over the conduct of Consultant or any of Consultant’s officers, employees, or agents, except as set forth in this Agreement.
Consultant shall not at any time or in any manner represent that it or any of its officers, employees, or agents are in any manner officers, employees, or agents of the City.
Consultant shall not incur or have the power to incur any debt, obligation, or liability whatever against City, or bind City in any manner. Consultant shall be solely responsible and hold the City harmless for all matters relating to the payment of Consultant’s employees, including compliance with Social Security withholdings and all other regulations governing such matters.
(b) No employee benefits shall be available to Consultant in connection with the performance of this Agreement. Except for the fees paid to Consultant as provided in the Agreement City shall not pay salaries, wages, or other compensation to Consultant for performing services hereunder for City. City shall not be liable for compensation or indemnification to Consultant for injury or sickness arising out of performing services hereunder.
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12. LEGAL RESPONSIBILITIES
The Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. The City, and its officers and employees, shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section.
13. UNDUE INFLUENCE
Consultant declares and warrants that no undue influence or pressure is used against or in concert with any officer or employee of the City of Montclair in connection with the award, terms or implementation of this Agreement, including any method of coercion, confidential financial arrangement, or financial inducement. No officer or employee of the City of Montclair will receive compensation, directly or indirectly, from Consultant, or from any officer, employee or agent of Consultant, in connection with the award of this Agreement or any work to be conducted as a result of this Agreement. Violation of this Section shall be a material breach of this Agreement entitling the City to any and all remedies at law or in equity.
14. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of City, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds thereof, for work to be performed in connection with the project performed under this Agreement.
15. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
(a) All information gained by Consultant in performance of this Agreement shall be considered confidential and shall not be released by Consultant without City’s prior written authorization. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, responses to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. (b) Consultant shall promptly notify City should Consultant, its officers, employees, agents or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, requests for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 67 of 265 Agreement No. 22-32
proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant.
However, City’s right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
(c) Consultant shall comply with all applicable federal, state and local Conflict of Interest laws, including the Political Reform Act (California Government Code, Section 81000, et. seq.) and California Government Code, Section 1090, et. seq. Consultant covenants that neither he/she nor any officer or principal of their firm have any interest in, or shall acquire any interest, directly or indirectly, which will conflict in any manner or degree with the performance of their services hereunder. Consultant further covenants that in the performance of this Agreement, no person having such interest shall be employed by them as an officer, employee, agent or subconsultant. Consultant further covenants that Consultant has not contracted with nor is performing any services, directly or indirectly, with any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area and further covenants and agrees that Consultant and/or its subconsultants shall provide no service or enter into any agreement or agreements with a/any developer(s) and/or property owner(s) and/or firm(s) and/or partnership(s) owning property in the City or the study area prior to the completion of the work under this Agreement. Further, Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by the Consultant. The Consultant’s covenant under this Section shall survive the termination of this Agreement.
16. NOTICES
Any notices which either party may desire to give to the other party under this Agreement must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:
To City: City Manager
City of Montclair
5111 Benito
Montclair, CA 91763
To Consultant: Stefanos Polyzoides
Moule & Polyzoides
180 East California Blvd.
Pasadena, CA 91105
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17. ASSIGNMENT AND SUBCONTRACTING
The Consultant shall not assign any of its rights or delegate any of its duties under this Agreement, either in whole or in part, nor any monies due hereunder, without prior written consent of the City. The City’s consent to an assignment of rights under this Agreement shall not release the Consultant from any of its obligations or alter any of its obligations to be performed under this Agreement. Any attempt at assignment or delegation by the Consultant in violation of this Section 17 shall be void and of no legal effect and shall constitute grounds to terminate this Agreement for cause. The Consultant shall not subcontract any performance required under this Agreement without the City’s prior written consent.
18. LICENSES
At all times during the term of this Agreement, Consultant shall have in full force and effect, all licenses required of it by law for the performance of the services described in this Agreement, including a City of Montclair business license.
19. GOVERNING LAW
The City and Consultant understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement. Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
20. ENTIRE AGREEMENT
This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party’s own independent investigation of any and all facts such party deems material.
21. CONFIDENTIALITY
Information and materials obtained by the Consultant from City during the performance of this Agreement shall be treated as strictly confidential and shall not be used by the Consultant for any purpose other than the performance of this Agreement. Consultant’s covenant under this Section shall survive the expiration or termination of this Agreement.
22. DISCRIMINATION
The Consultant agrees that no person shall be excluded from employment in the performance of this Agreement on grounds of race, creed, color, sex, age, marital status, or place of national origin. In this connection, the Consultant agrees to comply with all County, State and Federal laws relating to equal employment opportunity rights.
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23. EFFECT OF PARTIAL INVALIDITY
If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement and any application of the terms shall remain valid and enforceable under this Agreement or California law.
24. CLAIMS AGAINST CITY
Consultant must comply with the claim procedures set forth in Government Code sections 900, et. seq., and/or Montclair Municipal Code, Chapter 1.16, as applicable, prior to filing any lawsuit against the City. Such claims and any subsequent lawsuit based upon the claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City.
25. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
26. NO THIRD PARTY BENEFICIARIES
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
27. COST OF LITIGATION
If any legal action is necessary to enforce any provision of this Agreement or for damages by reason of an alleged breach of any provisions of this Agreement (whether in contract, tort or both), the prevailing Party shall be entitled to receive from the losing Party all attorneys’ fees, costs and expenses in such amount as the courts may determine to be reasonable. In awarding the cost of litigation, the court shall not be bound by any court fee schedule, but shall, if it is in the interest of justice to do so, award the full amount of costs, expenses and attorneys’ fees paid or incurred in good faith.
28. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of the Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.
29. COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY OF MONTCLAIR CONSULTANT
By: By:
Javier “John” Dutrey
Mayor
Stefanos Polyzoides
Moule & Polyzoides
Attest:
By: _______________ By:
Andrea M. Myrick
City Clerk
Approved as to Form:
By:
Diane E. Robbins
City Attorney
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EXHIBIT A
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 72 of 265 10 May 2022
Monica Heredia, P.E., Public Works Director/City Engineer City of Montclair
5111 Benito Street
Montclair, CA 91763
Via Email: [email protected]
RE: North Montclair Street Improvement Master Plan
Dear Ms. Heredia:
Moule & Polyzoides is pleased to present this proposal to prepare a Street Improvement Master Plan for the following North Montclair streets:
• Moreno Street between and including the intersections and approach lanes of Central Avenue and Monte Vista Avenue. The Plan will assess and develop the street design concept proposed in the recently adopted Montclair Place District Specific Plan (MPDSP) and will consist of reducing the vehicular lanes from two in each direction to one, introducing Class II bike lanes, introducing/preserving on-street parking, adjusting the location of the center median, introducing bulb-outs and crosswalks at important intersections, and introducing a streetscape strategy unique to Moreno Street. The project also reduces the right-of-way width, ceding the extra land along the south side of the right-of-way to the adjacent properties. The extent of these proposed improvements will span approximately 0.60 miles (3,168 lf) • Monte Vista Avenue between the I-10 Freeway and the City of Montclair’s northern boundary.
For the segment between the freeway and Moreno Street, the Plan will assess and develop the street design concept proposed in the MPDSP and will consist of introducing a Class IV protected bikeway along the east side of the street, adjusting the number and width of lanes, introducing on-street parking where practical, introducing bulb-outs and crosswalks where practical, and introducing a streetscape strategy unique to Monte Vista Avenue that incorporates the existing, mature pine trees that line Monte Vista Avenue. For the segment north of Moreno Street, the project will assess and develop the streetscape concepts prosed in the Draft General Plan update with the goal of extending the class IV protected bikeway to Richton Street. These proposed improvements will span approximately 0.90 miles (4,752 lf) of Monte Vista Avenue. • Central Avenue between the I-10 Freeway and the City of Montclair’s northern boundary. For the segment between the freeway and Moreno Street, the Plan will develop the street design concepts proposed in the MPDSP and will consist of adjusting the number and/or width of lanes, including the northbound left-turn lanes into the Montclair Place site, adjusting the center median, and introducing a streetscape strategy unique to Central Avenue that incorporates the existing, mature pine trees that line Central Avenue. For the segment north of Moreno Street, the project will assess and develop the streetscape concepts prosed in the Draft General Plan update. The extent of these proposed improvements will span approximately 0.65 miles (3,432 lf). • Richton Street between Monte Vista Avenue and Central Avenue. The Plan will assess and develop the street design concept proposed in the North Montclair Downtown Specific Plan (NMDSP) and will incorporate any station access updates that have occurred since the adoption of the NMDSP, including the connection to the proposed Monte Vista Class IV protected
EXHIBIT A
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bikeway. The proposed improvements will span approximately 0.48 miles (2,535 lf) of Richton Street.
• Arrow Highway between the San Antonio Creek Channel and Mills Avenue. The Plan will further develop the preliminary design theme prepared previously under a separate contract for the segment of Arrow Highway between Monte Vista Avenue and Central Avenue. These proposed improvements will extend approximately 0.34 miles (1,790 lf) along Arrow Highway. • Huntington Drive between the Vulcan Property and Claremont Boulevard. The Plan will propose a street design for Huntington Drive between the western boundary of the Vulcan Property and Claremont Boulevard. It is our understanding that this segment of Huntington Drive is within the City of Upland and that the intersection with Claremont Boulevard is in the City of Claremont.
The proposed street improvements will span approximately 0.12 miles (654 lf). • La Rambla. The Plan will develop the Rambla street design concept proposed in the MPDSP. The extent of the proposed improvements will span approximately 0.27 miles (1,426 lf).
The Street Improvement Master Plan will enable the City of Montclair to convey to the community and property owners and developers along the subject streets the City’s vision and intentions for these streets, and – in the case of Moreno Street, Huntington Drive, and the segments of Central Avenue and Monte Vista Avenue between the freeway and Moreno Street, to facilitate the funding and the near-term implementation of the proposed street improvements. The Master Plan will also enable the City of Montclair to convey the City’s intentions to various agencies, including Metrolink, Metro, Caltrans, and the neighboring cities of Claremont and Upland, and provide a basis for procuring funding from these agencies.
The design effort will be led by Moule & Polyzoides (M&P) with support from Fong Hart Schneider + Partners (FHS) for Landscape Architecture, Fehr & Peers (F&P) for Transportation Engineering, and KPFF for Civil Engineering.
The first of two phases, this Street Improvement Master Plan will provide preliminary design alternatives, a preliminary opinion of probable costs, and visualizations for each of the above streets. Construction documents will be prepared in Phase 2 under a separate contract and will be led by KPFF with design oversite by Moule & Polyzoides. In addition, KPFF will prepare a topographic survey.
The anticipated schedule to complete this Street Improvement Master Plan is 6 months.
SCOPE OF WORK
Key components of the scope of work include:
1. Collaborating with the consultant team, managing the design process, and working with City of Montclair staff to coordinate with key City of Montclair departments;
2. Participating in coordination meetings with the cities of Upland and Claremont regarding the portions of Huntington Drive and Arrow Highway that are within the jurisdiction of each respective city;
3. Leading the consultant team in the preparation of preliminary design alternatives for the Moreno Street, Monte Vista Avenue, Central Avenue, Richton Street, Arrow Highway, La Rambla, and Huntington Drive rights-of-way;
4. Participating in community meetings to describe the design concepts to the public; MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 74 of 265
5. Meeting with property owners and/or developers to discuss the relationship between their properties and the proposed street improvements; and
6. Producing a Street Improvement Master Plan that includes a final set of drawings, consultant recommendations, opinion of probable costs, and phasing strategy that will inform the preparation of the construction documents that will be completed under a separate contract.
Task 1: Kick off, Analysis, and Alternatives Design (May – June 2022)
1. Preparation of Topographic Survey. KPFF will prepare a topographic survey on a limited portion of the above-mentioned project to gather the needed information sufficient for civil engineering design purposes inclusive of grade points 10 feet to 15 feet beyond the right of way, back of walk, face and back of curb, flowline of curb, gutters, sidewalk, street paving, visible utility features (above ground and surface level), and all existing culture throughout the project limits. Streets will be surveyed at 50- foot intervals from 10 feet to 15 feet beyond the right of way on each side of the subject roadway including center median, if present. The flowline of utility lines such as sanitary sewer or storm drains will be measured at the accessible manholes to identify the depths thereof.
Right-of-way lines for subject streets will be shown per record information and developed from found property/survey monumentation. Right-of-way for any cross streets and alleys will be shown per record information. Individual lot lines and ownership information will be shown from available public records and made part of this scope. Road width information and curb cuts/radii will be shown per readily available record maps and assessor’s parcel maps without the benefit of a title report and may or may not show current ownership location.
2. Document Collection, Plan Base, Existing Sections: We will work with the consultant team to compile and coordinate a project base drawing in AutoCAD format derived from a current, digital, detailed, ground-edited topographic survey (completed in above Task 1.1) and City-provided “as-built” drawings. M&P will also prepare cross-sections documenting all pertinent right-of-way, travel and bike lane, sidewalk/planter, and median variations along each street.
3. Kick-off meeting with City Staff: M&P and the consultant team will attend a half-day kickoff meeting in Montclair, that will include the following activities:
a. An introductory meeting with City staff members to discuss project objectives, opportunities, constraints, and new information that will shape the preliminary design alternatives. b. A tour of the project area to observe and discuss particular, context-related issues.
4. Key Issues Documentation and Resolution: With support from the consultant team and City staff, M&P will prepare a brief memorandum describing existing conditions, outlining project objectives, and identifying technical issues and challenges that may emerge during the existing conditions analysis. The design team will work with City of Montclair to address local storm drainage regulations, including the City’s Water Quality Management Plan. Potential issues and challenges include utility conflicts, especially within the right-of-way along Moreno Street that will be ceded to adjacent landowners; City street-sweeping requirements; storm drain catch basin conflicts with proposed bulb-outs; fire truck turn radius limitations; curb to curb and/or lane configuration limitations; street crown/centerline considerations, and La Rambla phasing considerations in relation to the Montclair Place Mall and Moreno Street parking structure. M&P and the consultant team will meet with City staff to review the memo findings and strategize an approach to resolving the identified issues and constraints.
5. Coordination Meeting with Cities of Claremont and Upland. M&P will participate in a meeting with the cities of Claremont and Upland to coordinate the design and alignment of the Huntington Drive MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 75 of 265
extension between Monte Vista Avenue and Claremont Boulevard and of the portion of Arrow Highway within the jurisdiction of the City of Claremont.
6. Preparation of Preliminary Design Alternatives: M&P, with input from the consultant team, will prepare up to three (3) alternative streetscape and/or lane configuration schemes in plan and section for consideration by the consultant team and client group. The alternatives shall identify the numbers and widths of vehicular lanes, bike lanes, sidewalks, medians, and potential street tree species, and explore any amenity space opportunities within the public realm. The Rambla designs will explore different paving and programing strategies (such as kiosks, seating, angled parking, etc.). F&P will work with City staff and the design team to evaluate the proposed alternatives in regards to lane striping, turning radii, sight distances, intersection design, level of service (LOS), and Manual on Uniform Traffic Control Devices (MUTCD) compliance.
7. Progress/Coordination Meetings: M&P will participate in up to three (3) progress meetings with City staff to discuss the proposed design, support City staff regarding questions or input needed from City of Claremont and Upland staff and/or property owners or developers of adjacent properties; assist the City in coordination with agencies such as Metro and/or Caltrans; and to decide a preferred alternative scheme.
Task 1 Deliverables:
1. Survey files in computer-aided design (CAD) and portable document format (PDF).
2. Analysis of existing conditions in memo and diagram form and summary of key constraints.
3. Background drawings to be used during the design process.
4. Alternative Street Design schemes in PDF.
5. Attendance at a half-day kick-off meeting and site tour.
6. Attendance at a coordination meeting with City of Claremont and Upland staff.
7. Up to three (3) progress meetings.
Task 2: Preferred Street Scheme Development (July – September 2022) A Preferred Alternative will be chosen from the alternatives prepared under Task 1. It will be developed under the following design steps:
1. Preparation of Preliminary Preferred Alternative: The Design Team will participate in an internal design charrette in M&P’s Pasadena office. The primary purpose will be to resolve the basic roadway geometrics and identify the public realm design program and form, prior to proceeding further with the project design. The Preliminary Preferred Alternative will:
a. Identify the numbers and widths of vehicular lanes, bike lanes, sidewalks, medians, and other major elements.
b. Describe basic street tree and streetlight patterns and spacing, identify a preliminary palette of recommended landscape and hardscape types and materials. c. Identify any amenity space areas within the public realm (most likely along Moreno Street). d. Identify land along the south side of Moreno Street that will be ceded to the adjacent property owners.
F&P will work with the design team to confirm the proposed alternative design in regards to lane striping, turning radii, sight distances, intersection design, level of service (LOS), and Manual on Uniform Traffic Control Devices (MUTCD) compliance, etc.
M&P and the consultant team will meet with City staff to review the Preliminary Preferred Alternative.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 76 of 265
2. Refinement of Preferred Alternative: Based on the input received from City staff, the Design Team will prepare a Preferred Alternative in plan and cross-section including the following details for each street:
a. The appropriate number and sizes of lanes to enable traffic, bike, and parking per current engineering standards.
b. The appropriately sized sidewalks to enable pedestrian circulation and appropriately sized planting strips and medians to allow for tree planting.
c. The design of intersections, including vehicular turn lanes and their relationship to bike lanes, bulbouts (as practical) and crosswalks at applicable intersections. d. The palette of trees applied to the project right of ways. e. The land area ceded to adjacent private properties along the south side of Moreno Street. f. The preliminary phasing strategy.
g. M&P will prepare up to seven (7) electronic perspective eye level vignette drawings or photo transformations, illustrating key moments and issues within the project area, for presentation to the community.
F&P will confirm striping and intersection design concepts to inform the opinion of probable costs (see Task 3.2 below).
3. Community Meetings. M&P and the Design Team will participate in up to two (2) public meetings to present and receive input from the community on the proposed street improvement designs.
4. Progress/Coordination Meetings: M&P will participate in up to four (4) progress meetings with City staff to discuss the proposed design and follow up with City of Claremont and/or Upland staff; assist the City in coordination with agencies such as Metro and/or Caltrans; and to finalize the Preferred Alternative. M&P can also meet with the developers/owners of the properties along the south side of Moreno Street and the developers/designers of the Vulcan site to discuss the proposed street improvement designs.
Task 2 Deliverables:
1. Attendance at internal design charrette in offices of M&P in Pasadena.
2. Presentation drawings for a Streetscape scheme describing the conclusions reached at the end of the design process (PDF).
3. Up to seven (7) electronic perspective eye level vignette drawings to be displayed and described at each of the community meetings (PDF and JPG).
4. Participation in up to two (2) community meetings.
5. Up to four (4) progress meetings.
Task 3: Refinement and Costing (October 2022)
1. Design Development: Based on the input received from the community and the direction of City staff, M&P with input from the consultant team will prepare the design development drawings, on which the Opinion of Probable Costs and the Streetscape Master Plan document will be based.
2. Opinion of Probable Costs: The design team will prepare an opinion of probable costs that includes the cost of general conditions, demolition, sidewalk and pavement replacement and resurfacing, landscape, irrigation, furnishings, and decorative pavement areas, as well as lane striping, signage, and traffic signal modifications.
3. Street Improvement Master Plan Document: M&P will direct all consultants, traffic, civil, and landscape, to comment on the final scheme and offer their final design recommendations and standards for its implementation through a future set of construction documents (not part of this MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 77 of 265
contract); Following, we will produce a final Streetscape Master Plan graphic document. Anticipated report components are:
• A brief summary of existing conditions and the project goals. • Precedent images.
• An overall plan drawing of the entire project area.
• Intersection plans and mid-street cross-sections.
• Renderings showing “before” and “after” views.
• A plant palate, including photos of recommended species. • Opinion of probable costs
• Implementation, phasing, and priorities.
Task 3 Deliverables:
1. A final Street Improvement Master Plan document (PDF), including drawings and brief written narratives describing the street improvements, streetscape strategy, and general phasing and implementation recommendations; a final CAD file to be delivered to KPFF as the base for the construction documents (to be generated under a separate contract).
ADDITIONAL SCOPE OF WORK INCLUDED AS ALLOWANCES IN BUDGET
1. Geotechnical Analysis. Design of the new streets (Huntington and the Rambla) and streets that might receive roadway diets (Richton and Moreno) will require geotechnical analysis. The allowance range ($70,000 - $140,000) reflects where soils samples might need to be taken, with the lower range assuming all samples and percolation testing can be done in the landscaped parkways and planters.
2. Cost Estimating for Signal Modification to Existing Traffic Signals and/or Design of New Signals.
The potential introduction of roadway diets along Moreno and Richton as well as the potential introduction of a Class IV bikeway along Monte Vista may require modifications to existing traffic signals and/or the design of new ones. An allowance of $9,000 is provided for cost estimating.
3. Additional Underground Utilities Mapping. An allowance $80,000 – $100,000 is estimated for the utility mapping, and an allowance of $30,000 - $60,000 is estimated for surveying pavement markings of the mapped utilities in the public right-of-way and integrating the information with the topographical survey documents.
FEE SUMMARY
Street Improvement Master Plan Fees
Task 1: Kick off, Analysis, and Alternatives Design $ 176,500 Task 2: Design Review Preferred Street Scheme Development $ 215,320 Task 3. Refinement and Costing $ 47,680
Total Moule & Polyzoides Fee $ 439,500
Landscape Architecture – Fong Hart Schneider $ 29,400
Transportation Engineering – Fehr and Peers $ 47,960
Civil Engineer and Cost Estimating – KPFF $ 69,445
Survey $ 147,100
Perspectivist - TBD $ 21,000
Total Consultant Fees $ 314,905
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 78 of 265
Allowance 1: Geotechnical Analysis – TBD $ 70,000 – 140,000 Allowance 2: Traffic Signal Cost Estimating – Fehr and Peers $ 9,000 Allowance 3: Underground Utilities Mapping and
Pavement Markings Survey – TBD $ 110,000 – 160,000
Total Allowances $ 180,000 – 309,000
Total Street Improvement Master Plan Fee + Allowances $ 943,405 – 1,063,405 For the work completed as described above under this contract, the Client shall pay the Moule & Polyzoides team according to the following schedule: $25,000 will be due as an Initial Payment, upon the signing of the contract. The remaining will be invoiced monthly, according to the progress of the work.
Consultants will be paid by you as their work progresses and is confirmed complete by Moule & Polyzoides. Moule & Polyzoides will invoice monthly, according to the progress of the work. Consultants will be paid by the City of Montclair as their work progresses and is confirmed complete by Moule & Polyzoides.
Reimbursable expenses for M&P and the subconsultants – estimated to be $13,500 – shall be in addition and shall include the costs of the aerial survey, transportation, accommodations, meals, long-distance communications, postage, delivery, reproductions, models, and other costs incurred by the Moule & Polyzoides and the Consultant team in their service to the City of Montclair. Expenses paid directly by Moule & Polyzoides and the Consultant Team shall be billed to the City of Montclair at a multiplier of 1.10 to cover administration and processing. PowerPoint presentation, drawings, memos, and reports will be delivered to the City of Montclair in PDF format. Any work in addition to the scope described above will be paid on an hourly basis according to Moule & Polyzoides’s current hourly fees. Potential additional service and hourly fees are listed in Section 3 below.
It is our intention that after the completion of this contract, the project will continue into the Construction Documents phase through a new contract to be negotiated between the City of Montclair and KPFF with KPFF as the project lead, based on the Phase II fee and scope included with this proposal. This was the process followed during the Fremont & Arrow Highway Streetscape project. 3: ADDITIONAL SERVICES
Before or upon completion of this contract, the Client may choose to retain Moule & Polyzoides for additional services. These services, described below, may be performed in part or in whole. • Incorporating later major changes to the Streetscape Plan document, beyond typical planning process corrections.
• Reviewing design proposals by architects, landscape architects, and designers for adherence to the Documents.
• Reviewing construction documents and shop drawings.
• Assisting the City of Montclair in the preparation of marketing materials or other presentations • Further refining and updating the streetscape plan documents. • Providing Construction Observation services
• Completing any other services mutually agreed upon by the City of Montclair and M&P Hourly rates for M&P staff are as follows:
Partner $340
Principal $280
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 79 of 265
Senior Associate $260
Associate $220
Senior Designer $160
Junior Designer $140
4: NOTICES
All notices or other communications which shall or may be given pursuant to the Agreement shall be in writing and shall be delivered by personal service, or by registered mail addressed to the other party at the address indicated herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which personally served; or, if by mail, on the fifth day after being posted or the date of the actual receipt, whichever is earlier:
CLIENT: ARCHITECT/ URBANIST:
Edward Starr, City Manager Stefanos Polyzoides
City of Montclair Moule & Polyzoides
5111 Benito Street 180 East California Blvd
Montclair, CA 9176 Pasadena, CA, USA
Vía e-mail: [email protected] [email protected] We are honored to be afforded the opportunity to work with you on such a great project. We are available to begin work as soon as you authorize us to do so.
Sincerely,
Stefanos Polyzoides, Architect & Urbanist
ACCEPTED AND AGREED:
________________________________________
Edward Starr, City Manager
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 80 of 265 North Montclair Street Improvement Master Plan
Montclair, CA10 May 2022
Geotechnical
Utility Mapping/
Pavement Marking
Survey
Task
Subtotal Hours
Subtotal Cost
Subtotal Hours
Subtotal Cost
Subtotal Hours
Subtotal Hours
Subtotal Hours
Subtotal Cost
Subtotal Hours
Subtotal Cost
Subtotal Cost
Subtotal Cost
Total Hours
Total Cost
Moreno Street (3,168 lf)
Task 1: Kick-off, Analysis, Alternative Design 139.5 $30,330 165.3 $34,694 10.0 $1,750 26.0 $4,530 - $0 340.8 $71,304 Task 2: Preferred Street Scheme Development 203.0 $40,550 8.5 $1,395 14.0 $2,450 25.0 $4,250 20.0 $3,000 270.5 $51,645 Task 3: Refinement and Costing 52.5 $10,430 3.5 $620 7.5 $1,313 6.0 $970 - $0 69.5 $13,333 Total 395.0 $81,310 177.3 $36,709 31.5 $5,513 57.0 $9,750 20.0 $3,000 680.8 $136,281 Monte Vista Avenue (4,752 lf)
Task 1: Kick-off, Analysis, Alternative Design 126.5 $27,170 198.3 $41,616 6.0 $1,050 16.5 $2,970 - $0 347.3 $72,806 Task 2: Preferred Street Scheme Development 185.0 $36,090 7.3 $1,193 14.0 $2,450 17.0 $2,820 20.0 $3,000 243.3 $45,553 Task 3: Refinement and Costing 45.0 $8,680 3.3 $558 5.5 $963 4.5 $695 - $0 58.3 $10,895 Total 356.5 $71,940 208.8 $43,366 25.5 $4,463 38.0 $6,485 20.0 $3,000 648.8 $129,254 Central Avenue (3,432 lf)
Task 1: Kick-off, Analysis, Alternative Design 126.5 $27,170 188.3 $39,241 6.0 $1,050 16.0 $2,830 - $0 336.8 $70,291 Task 2: Preferred Street Scheme Development 185.0 $36,090 7.3 $1,193 13.0 $2,275 17.0 $2,820 20.0 $3,000 242.3 $45,378 Task 3: Refinement and Costing 45.0 $8,680 3.3 $558 5.5 $963 4.5 $695 - $0 58.3 $10,895 Total 356.5 $71,940 198.8 $40,991 24.5 $4,288 37.5 $6,345 20.0 $3,000 637.3 $126,564 Richton Street (2,535 lf)
Task 1: Kick-off, Analysis, Alternative Design 78.5 $16,990 203.0 $43,475 5.0 $875 16.0 $2,830 - $0 302.5 $64,170 Task 2: Preferred Street Scheme Development 110.0 $21,890 5.8 $945 11.0 $1,925 17.0 $2,820 20.0 $3,000 163.8 $30,580 Task 3: Refinement and Costing 28.0 $5,500 3.3 $558 5.5 $963 4.5 $695 - $0 41.3 $7,715 Total 216.5 $44,380 212.0 $44,978 21.5 $3,763 37.5 $6,345 20.0 $3,000 507.5 $102,465 Arrow Highway (1,790 lf)
Task 1: Kick-off, Analysis, Alternative Design 103.0 $22,580 98.8 $19,976 6.0 $1,050 16.0 $2,830 - $0 223.8 $46,436 Task 2: Preferred Street Scheme Development 120.0 $23,640 7.3 $1,193 13.0 $2,275 17.0 $2,820 20.0 $3,000 177.3 $32,928 Task 3: Refinement and Costing 15.0 $3,280 3.3 $558 3.5 $613 4.5 $695 - $0 26.3 $5,145 Total 238.0 $49,500 109.3 $21,726 22.5 $3,938 37.5 $6,345 20.0 $3,000 427.3 $84,509 Huntington Drive (654 lf)
Task 1: Kick-off, Analysis, Alternative Design 108.5 $24,670 76.3 $14,534 5.0 $875 16.0 $2,830 - $0 205.8 $42,909 Task 2: Preferred Street Scheme Development 99.0 $19,810 5.8 $945 10.0 $1,750 17.0 $2,820 20.0 $3,000 151.8 $28,325 Task 3: Refinement and Costing 11.5 $2,430 2.8 $465 3.0 $525 4.5 $695 - $0 21.8 $4,115 Total 219.0 $46,910 84.8 $15,944 18.0 $3,150 37.5 $6,345 20.0 $3,000 379.3 $75,349 La Rambla (1,426 lf)
Task 1: Kick-off, Analysis, Alternative Design 127.5 $27,590 58.8 $11,669 6.0 $1,050 16.0 $2,830 - $0 208.3 $43,139 Task 2: Preferred Street Scheme Development 189.0 $37,250 4.3 $698 13.0 $2,275 17.0 $2,820 20.0 $3,000 243.3 $46,043 Task 3: Refinement and Costing 45.0 $8,680 2.8 $465 5.5 $963 4.5 $695 - $0 57.8 $10,803 Total 361.5 $73,520 65.8 $12,831 24.5 $4,288 37.5 $6,345 20.0 $3,000 509.3 $99,984 Fee Subtotal 2,143.0 $439,500 1,056.5 $216,545 168.0 $29,400 282.5 $47,960 140.0 $21,000 3,790.0 $754,405 Aerial Survey $10,000 $10,000
Expenses $2,000 $1,000 $0 $500 $0 $3,500
Allowance 1: Geotechnical Analysis $140,000 $140,000
Allowance 2: Traffic Signal Cost Estimate $9,000 $9,000 Allowance 3: Utilities Mapping/Pavement Markings Survey $160,000 $160,000 TOTAL $441,500 $227,545 $29,400 $57,460 $21,000 $140,000 $160,000 $1,076,905 PHASE 1: PRELIMINARY DESIGN ALTERNATIVES (STREET IMPROVEMENT MASTER PLAN) - BUDGET BY STREET Renderer (TBD) M&P KPFF FHS+P Fehr + Peers
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 81 of 265 North Montclair Street Improvement Master Plan
Montclair, CA10 May 2022
Geotechnical
Utility Mapping/
Pavement Marking
Survey
Task
Partner
Principal
Senior Associate
Senior Designer
Junior Designer
Partner
Senior Civil Engineer
Project Manager/
Survey Project Manager
Project Engineer/
Project Surveyor
Drafter/CAD Operator/
Survey Analyst
Survey Field Crew
Principal
Partner in Charge
Senior Engineer
Engineer
Principal
Billing Rate (per hour) $340 $280 $260 $160 $140 $250 $205 $185 $155 $140 $330 $175 $280 $150 $135 $150 Task 1: Kick-off, Analysis, Alternative Design1.1. Topographic Survey - - - - - - $0.00 - - 50.00 339.00 - 258.50 647.50 $147,100.00 - - $0.00 - - - - $0.00 - - $0.00 647.50 $147,100.00
1.1.1. Moreno Street - - - - - - $0.00 - - 10.00 54.25 - 45.00 109.25 $25,108.75 - - $0.00 - - - - $0.00 - - $0.00 109.25 $25,108.75
1.1.2. Monte Vista Avenue - - - - - - $0.00 - - 10.50 60.25 - 54.00 124.75 $29,101.25 - - $0.00 - - - - $0.00 - - $0.00 124.75 $29,101.25
1.1.3. Central Avenue - - - - - - $0.00 - - 8.50 70.25 - 51.00 129.75 $29,291.25 - - $0.00 - - - - $0.00 - - $0.00 129.75 $29,291.25
1.1.4. Richton Street - - - - - - $0.00 - - 10.00 85.50 - 63.00 158.50 $35,892.50 - - $0.00 - - - - $0.00 - - $0.00 158.50 $35,892.50
1.1.5. Arrow Highway - - - - - - $0.00 - - 4.00 36.25 - 23.00 63.25 $13,948.75 - - $0.00 - - - - $0.00 - - $0.00 63.25 $13,948.75
1.1.6. Huntington Drive - - - - - - $0.00 - - 3.50 17.25 - 11.00 31.75 $6,951.25 - - $0.00 - - - - $0.00 - - $0.00 31.75 $6,951.25
1.1.7. La Rambla - - - - - - $0.00 - - 3.50 15.25 - 11.50 30.25 $6,806.25 - - $0.00 - - - - $0.00 - - $0.00 30.25 $6,806.25
1.2. Document Collection, Plan Base, Existing Sections 3.00 7.00 36.00 - 95.00 141.00 $25,640.00 - - - - - - - $0.00 8.00 8.00 $1,400.00 - - - - $0.00 - - $0.00 149.00 $27,040.00
1.2.1. Moreno Street 0.50 1.00 8.00 - 17.00 26.50 $4,910.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 28.50 $5,260.00
1.2.2. Monte Vista Avenue 0.50 1.00 6.00 - 16.00 23.50 $4,250.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 24.50 $4,425.00
1.2.3. Central Avenue 0.50 1.00 6.00 - 16.00 23.50 $4,250.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 24.50 $4,425.00
1.2.4. Richton Street 0.50 1.00 3.00 - 9.00 13.50 $2,490.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 14.50 $2,665.00
1.2.5. Arrow Highway - 1.00 4.00 - 12.00 17.00 $3,000.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 18.00 $3,175.00
1.2.6. Huntington Drive 0.50 1.00 3.00 - 9.00 13.50 $2,490.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 14.50 $2,665.00
1.2.7. La Rambla 0.50 1.00 6.00 - 16.00 23.50 $4,250.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 24.50 $4,425.00
1.3. Kick-off Meeting with City Staff 8.00 8.00 15.00 - 8.00 39.00 $9,980.00 4.00 - 4.00 4.00 - - 12.00 $2,360.00 8.00 8.00 $1,400.00 4.00 - - 4.00 $1,120.00 - - $0.00 59.00 $13,740.00
1.3.1. Moreno Street 2.00 2.00 3.00 - 2.00 9.00 $2,300.00 1.00 - 1.00 1.00 - - 3.00 $590.00 2.00 2.00 $350.00 1.00 - - 1.00 $280.00 - - $0.00 15.00 $3,520.00
1.3.2. Monte Vista Avenue 1.00 1.00 2.00 - 1.00 5.00 $1,280.00 0.50 - 0.50 0.50 - - 1.50 $295.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 8.00 $1,890.00
1.3.3. Central Avenue 1.00 1.00 2.00 - 1.00 5.00 $1,280.00 0.50 - 0.50 0.50 - - 1.50 $295.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 8.00 $1,890.00
1.3.4. Richton Street 1.00 1.00 2.00 - 1.00 5.00 $1,280.00 0.50 - 0.50 0.50 - - 1.50 $295.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 8.00 $1,890.00
1.3.5. Arrow Highway 1.00 1.00 2.00 - 1.00 5.00 $1,280.00 0.50 - 0.50 0.50 - - 1.50 $295.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 8.00 $1,890.00
1.3.6. Huntington Drive 1.00 1.00 2.00 - 1.00 5.00 $1,280.00 0.50 - 0.50 0.50 - - 1.50 $295.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 8.00 $1,890.00
1.3.7. La Rambla 1.00 1.00 2.00 - 1.00 5.00 $1,280.00 0.50 - 0.50 0.50 - - 1.50 $295.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 8.00 $1,890.00
1.4. Key Issues Documentation and Resolution 7.00 12.00 29.00 - 18.00 66.00 $15,800.00 28.00 26.00 83.00 10.00 134.00 - 281.00 $47,995.00 - - $0.00 8.00 16.00 16.00 40.00 $6,800.00 - - $0.00 347.00 $63,795.00
1.4.1. Moreno Street 1.00 3.00 5.00 - 3.00 12.00 $2,900.00 4.50 4.00 13.00 2.00 21.00 - 44.50 $7,600.00 - - $0.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 66.50 $12,200.00
1.4.2. Monte Vista Avenue 1.00 2.00 5.00 - 3.00 11.00 $2,620.00 6.25 6.00 19.00 2.00 30.50 - 63.75 $10,887.50 - - $0.00 1.00 2.00 2.00 5.00 $850.00 - - $0.00 79.75 $14,357.50
1.4.3. Central Avenue 1.00 2.00 5.00 - 3.00 11.00 $2,620.00 4.75 4.50 14.50 2.00 23.00 - 48.75 $8,322.50 - - $0.00 1.00 2.00 2.00 5.00 $850.00 - - $0.00 64.75 $11,792.50
1.4.4. Richton Street 1.00 1.00 3.00 - 2.00 7.00 $1,680.00 3.75 3.50 11.00 1.00 18.00 - 37.25 $6,365.00 - - $0.00 1.00 2.00 2.00 5.00 $850.00 - - $0.00 49.25 $8,895.00
1.4.5. Arrow Highway 1.00 1.00 4.00 - 2.00 8.00 $1,940.00 2.75 2.50 8.00 1.00 13.00 - 27.25 $4,655.00 - - $0.00 1.00 2.00 2.00 5.00 $850.00 - - $0.00 40.25 $7,445.00
1.4.6. Huntington Drive 1.00 1.00 3.00 - 2.00 7.00 $1,680.00 3.75 3.50 11.00 1.00 18.00 - 37.25 $6,365.00 - - $0.00 1.00 2.00 2.00 5.00 $850.00 - - $0.00 49.25 $8,895.00
1.4.7. La Rambla 1.00 2.00 4.00 - 3.00 10.00 $2,360.00 2.25 2.00 6.50 1.00 10.50 - 22.25 $3,800.00 - - $0.00 1.00 2.00 2.00 5.00 $850.00 - - $0.00 37.25 $7,010.00
1.5. Coordination Meeting with Cities of Claremont and Upland 8.00 7.00 15.00 - 8.00 38.00 $9,700.00 - - - - - - - $0.00 8.00 8.00 $1,400.00 - - - - $0.00 - - $0.00 46.00 $11,100.00
1.5.1. Moreno Street - - - - - - $0.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 2.00 $350.00
1.5.2. Monte Vista Avenue - - - - - - $0.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 1.00 $175.00
1.5.3. Central Avenue - - - - - - $0.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 1.00 $175.00
1.5.4. Richton Street - - - - - - $0.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 1.00 $175.00
1.5.5. Arrow Highway 2.00 1.00 3.00 - 2.00 8.00 $2,020.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 9.00 $2,195.00
1.5.6. Huntington Drive 6.00 6.00 12.00 - 6.00 30.00 $7,680.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 31.00 $7,855.00
1.5.7. La Rambla - - - - - - $0.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 1.00 $175.00
1.6. Preparation of Conceptual Alternatives 96.00 41.00 94.00 50.00 214.00 495.00 $106,520.00 2.00 - 10.00 24.00 12.00 - 48.00 $7,750.00 8.00 8.00 $1,400.00 14.00 30.00 30.00 74.00 $12,470.00 - - $0.00 551.00 $115,670.00
1.6.1. Moreno Street 16.00 7.00 16.00 10.00 36.00 85.00 $18,200.00 0.50 - 2.00 4.00 2.00 - 8.50 $1,395.00 2.00 2.00 $350.00 2.00 6.00 6.00 14.00 $2,270.00 - - $0.00 109.50 $22,215.00
1.6.2. Monte Vista Avenue 16.00 7.00 16.00 8.00 36.00 83.00 $17,880.00 0.25 - 2.00 4.00 2.00 - 8.25 $1,332.50 1.00 1.00 $175.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 102.25 $21,087.50
1.6.3. Central Avenue 16.00 7.00 16.00 8.00 36.00 83.00 $17,880.00 0.25 - 2.00 4.00 2.00 - 8.25 $1,332.50 1.00 1.00 $175.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 102.25 $21,087.50
1.6.4. Richton Street 9.00 4.00 9.00 5.00 22.00 49.00 $10,400.00 0.25 - 1.00 3.00 1.50 - 5.75 $922.50 1.00 1.00 $175.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 65.75 $13,197.50
1.6.5. Arrow Highway 12.00 5.00 12.00 6.00 26.00 61.00 $13,200.00 0.25 - 1.00 4.00 1.50 - 6.75 $1,077.50 1.00 1.00 $175.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 78.75 $16,152.50
1.6.6. Huntington Drive 9.00 4.00 9.00 5.00 22.00 49.00 $10,400.00 0.25 - 1.00 3.00 1.50 - 5.75 $922.50 1.00 1.00 $175.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 65.75 $13,197.50
1.6.7. La Rambla 18.00 7.00 16.00 8.00 36.00 85.00 $18,560.00 0.25 - 1.00 2.00 1.50 - 4.75 $767.50 1.00 1.00 $175.00 2.00 4.00 4.00 10.00 $1,700.00 - - $0.00 100.75 $21,202.50
1.7. Progress/Coordination Meetings (up to 3) 8.00 8.00 15.00 - - 31.00 $8,860.00 - - - - - - - $0.00 12.00 12.00 $2,100.00 4.50 - - 4.50 $1,260.00 - - $0.00 43.00 $10,960.00
1.7.1. Moreno Street 2.00 2.00 3.00 - - 7.00 $2,020.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 - - 1.00 $280.00 - - $0.00 10.00 $2,650.00
1.7.2. Monte Vista Avenue 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 - - 1.00 $280.00 - - $0.00 7.00 $1,770.00
1.7.3. Central Avenue 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 2.00 2.00 $350.00 0.50 - - 0.50 $140.00 - - $0.00 6.50 $1,630.00
1.7.4. Richton Street 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 5.50 $1,455.00
1.7.5. Arrow Highway 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 2.00 2.00 $350.00 0.50 - - 0.50 $140.00 - - $0.00 6.50 $1,630.00
1.7.6. Huntington Drive 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 1.00 1.00 $175.00 0.50 - - 0.50 $140.00 - - $0.00 5.50 $1,455.00
1.7.7. La Rambla 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 2.00 2.00 $350.00 0.50 - - 0.50 $140.00 - - $0.00 6.50 $1,630.00 Hours per Staff Member 130.00 83.00 204.00 50.00 343.00 810.00 34.00 26.00 147.00 377.00 146.00 258.50 730.00 44.00 44.00 30.50 46.00 46.00 122.50 - - 1,706.50 Fee per Staff Member $44,200 $23,240 $53,040 $8,000 $48,020 $176,500.00 $8,500 $5,330 $27,195 $58,435 $20,440 $85,305 $119,900.00 7,700.00 $7,700.00 $8,540 $6,900 $6,210 $21,650.00 $0 $0.00 $325,750.00 Subtotal Task 1 7,700.00
Task 2: Preferred Street Scheme Development2.1. Preparation of Preliminary Preferred Alternative 66.00 63.00 66.00 158.00 280.00 633.00 $121,720.00 2.00 - 12.00 24.00 8.00 - 46.00 $7,560.00 48.00 48.00 $8,400.00 16.00 32.00 44.00 92.00 $15,220.00 - - $0.00 727.00 $137,680.00
2.1.1. Moreno Street 12.00 11.00 12.00 28.00 48.00 111.00 $21,480.00 0.50 - 2.00 4.00 2.00 - 8.50 $1,395.00 7.00 7.00 $1,225.00 4.00 8.00 8.00 20.00 $3,400.00 - - $0.00 146.50 $27,500.00
2.1.2. Monte Vista Avenue 11.00 10.00 11.00 27.00 48.00 107.00 $20,440.00 0.25 - 2.00 4.00 1.00 - 7.25 $1,192.50 7.00 7.00 $1,225.00 2.00 4.00 6.00 12.00 $1,970.00 - - $0.00 133.25 $24,827.50
2.1.3. Central Avenue 11.00 10.00 11.00 27.00 48.00 107.00 $20,440.00 0.25 - 2.00 4.00 1.00 - 7.25 $1,192.50 7.00 7.00 $1,225.00 2.00 4.00 6.00 12.00 $1,970.00 - - $0.00 133.25 $24,827.50
2.1.4. Richton Street 6.00 6.00 6.00 15.00 27.00 60.00 $11,460.00 0.25 - 1.50 3.00 1.00 - 5.75 $945.00 7.00 7.00 $1,225.00 2.00 4.00 6.00 12.00 $1,970.00 - - $0.00 84.75 $15,600.00
2.1.5. Arrow Highway 8.00 8.00 8.00 19.00 34.00 77.00 $14,840.00 0.25 - 2.00 4.00 1.00 - 7.25 $1,192.50 7.00 7.00 $1,225.00 2.00 4.00 6.00 12.00 $1,970.00 - - $0.00 103.25 $19,227.50
2.1.6. Huntington Drive 6.00 6.00 6.00 15.00 27.00 60.00 $11,460.00 0.25 - 1.50 3.00 1.00 - 5.75 $945.00 6.00 6.00 $1,050.00 2.00 4.00 6.00 12.00 $1,970.00 - - $0.00 83.75 $15,425.00
2.1.7. La Rambla 12.00 12.00 12.00 27.00 48.00 111.00 $21,600.00 0.25 - 1.00 2.00 1.00 - 4.25 $697.50 7.00 7.00 $1,225.00 2.00 4.00 6.00 12.00 $1,970.00 - - $0.00 134.25 $25,492.50
2.2. Refinement of Preferred Alternative 17.00 25.00 75.00 157.00 96.00 370.00 $70,840.00 - - - - - - - $0.00 12.00 12.00 $2,100.00 7.00 14.00 14.00 35.00 $5,950.00 140.00 140.00 $21,000.00 522.00 $93,940.00
2.2.1. Moreno Street 4.00 6.00 16.00 30.00 18.00 74.00 $14,520.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 101.00 $18,720.00
2.2.2. Monte Vista Avenue 3.00 4.00 13.00 28.00 18.00 66.00 $12,520.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 93.00 $16,720.00
2.2.3. Central Avenue 3.00 4.00 13.00 28.00 18.00 66.00 $12,520.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 93.00 $16,720.00
2.2.4. Richton Street 2.00 3.00 7.00 16.00 10.00 38.00 $7,300.00 - - - - - - - $0.00 1.00 1.00 $175.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 64.00 $11,325.00 Subtotal Cost
PHASE 1: PRELIMINARY DESIGN ALTERNATIVES (STREET IMPROVEMENT MASTER PLAN) - BUDGET BY TASK Subtotal Cost
$176,500 $205,205
Subtotal Cost
Subtotal Hours
$21,650
Subtotal Cost
Total Cost
Moule & Polyzoides KPFF Fong Hart Schneider + Partners Renderer (TBD) Subtotal Hours
Subtotal Cost
Subtotal Cost
Total Hours
Fehr & Peers
Subtotal Hours
Subtotal Hours
Subtotal Cost
Subtotal Hours
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 82 of 265 Geotechnical
Utility Mapping/
Pavement Marking
Survey
Task
Partner
Principal
Senior Associate
Senior Designer
Junior Designer
Partner
Senior Civil Engineer
Project Manager/
Survey Project Manager
Project Engineer/
Project Surveyor
Drafter/CAD Operator/
Survey Analyst
Survey Field Crew
Principal
Partner in Charge
Senior Engineer
Engineer
Principal
Billing Rate (per hour) $340 $280 $260 $160 $140 $250 $205 $185 $155 $140 $330 $175 $280 $150 $135 $150 Subtotal Cost
Subtotal Cost
Subtotal Cost
Subtotal Hours
Subtotal Cost
Total Cost
Moule & Polyzoides KPFF Fong Hart Schneider + Partners Renderer (TBD) Subtotal Hours
Subtotal Cost
Subtotal Cost
Total Hours
Fehr & Peers
Subtotal Hours
Subtotal Hours
Subtotal Cost
Subtotal Hours
2.2.5. Arrow Highway 1.00 2.00 7.00 15.00 8.00 33.00 $6,240.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 60.00 $10,440.00
2.2.6. Huntington Drive 1.00 2.00 6.00 12.00 6.00 27.00 $5,220.00 - - - - - - - $0.00 1.00 1.00 $175.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 53.00 $9,245.00
2.2.7. La Rambla 3.00 4.00 13.00 28.00 18.00 66.00 $12,520.00 - - - - - - - $0.00 2.00 2.00 $350.00 1.00 2.00 2.00 5.00 $850.00 20.00 20.00 $3,000.00 93.00 $16,720.00
2.3. Community Meetings (up to 2) 8.00 8.00 16.00 - 16.00 48.00 $11,360.00 - - - - - - - $0.00 12.00 12.00 $2,100.00 - - - - $0.00 - - $0.00 60.00 $13,460.00
2.3.1. Moreno Street 2.00 2.00 4.00 - 4.00 12.00 $2,840.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 14.00 $3,190.00
2.3.2. Monte Vista Avenue 1.00 1.00 2.00 - 2.00 6.00 $1,420.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $1,770.00
2.3.3. Central Avenue 1.00 1.00 2.00 - 2.00 6.00 $1,420.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $1,770.00
2.3.4. Richton Street 1.00 1.00 2.00 - 2.00 6.00 $1,420.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 7.00 $1,595.00
2.3.5. Arrow Highway 1.00 1.00 2.00 - 2.00 6.00 $1,420.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $1,770.00
2.3.6. Huntington Drive 1.00 1.00 2.00 - 2.00 6.00 $1,420.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 7.00 $1,595.00
2.3.7. La Rambla 1.00 1.00 2.00 - 2.00 6.00 $1,420.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $1,770.00
2.4. Progress/Coordination Meetings (up to 4) 10.00 10.00 20.00 - - 40.00 $11,400.00 - - - - - - - $0.00 16.00 16.00 $2,800.00 - - - - $0.00 - - $0.00 56.00 $14,200.00
2.4.1. Moreno Street 1.50 1.50 3.00 - - 6.00 $1,710.00 - - - - - - - $0.00 3.00 3.00 $525.00 - - - - $0.00 - - $0.00 9.00 $2,235.00
2.4.2. Monte Vista Avenue 1.50 1.50 3.00 - - 6.00 $1,710.00 - - - - - - - $0.00 3.00 3.00 $525.00 - - - - $0.00 - - $0.00 9.00 $2,235.00
2.4.3. Central Avenue 1.50 1.50 3.00 - - 6.00 $1,710.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $2,060.00
2.4.4. Richton Street 1.50 1.50 3.00 - - 6.00 $1,710.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $2,060.00
2.4.5. Arrow Highway 1.00 1.00 2.00 - - 4.00 $1,140.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 6.00 $1,490.00
2.4.6. Huntington Drive 1.50 1.50 3.00 - - 6.00 $1,710.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $2,060.00
2.4.7. La Rambla 1.50 1.50 3.00 - - 6.00 $1,710.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 8.00 $2,060.00 Hours per Staff Member 101.00 106.00 177.00 315.00 392.00 1,091.00 2.00 - 12.00 24.00 8.00 - 46.00 88.00 88.00 23.00 46.00 58.00 127.00 140.00 140.00 1,492.00 Fee per Staff Member $34,340 $29,680 $46,020 $50,400 $54,880 $215,320.00 $500 $0 $2,220 $3,720 $1,120 $0 $7,560.00 $15,400 $15,400.00 $6,440 $6,900 $7,830 $21,170.00 $21,000 $21,000.00 $280,450.00 Subtotal Task 2 $15,400
Task 3: Refinement and Costing3.1. Design Development 11.50 11.50 11.00 29.00 51.00 114.00 $21,770.00 - - - - - - - $0.00 21.00 21.00 $3,675.00 - - - - $0.00 - - $0.00 135.00 $25,445.00
3.1.1. Moreno Street 3.00 3.00 3.00 6.00 12.00 27.00 $5,280.00 - - - - - - - $0.00 3.50 3.50 $612.50 - - - - $0.00 - - $0.00 30.50 $5,892.50
3.1.2. Monte Vista Avenue 2.00 2.00 2.00 6.00 9.00 21.00 $3,980.00 - - - - - - - $0.00 3.50 3.50 $612.50 - - - - $0.00 - - $0.00 24.50 $4,592.50
3.1.3. Central Avenue 2.00 2.00 2.00 6.00 9.00 21.00 $3,980.00 - - - - - - - $0.00 3.50 3.50 $612.50 - - - - $0.00 - - $0.00 24.50 $4,592.50
3.1.4. Richton Street 1.00 1.00 1.00 3.00 6.00 12.00 $2,200.00 - - - - - - - $0.00 3.50 3.50 $612.50 - - - - $0.00 - - $0.00 15.50 $2,812.50
3.1.5. Arrow Highway 1.00 1.00 1.00 1.00 4.00 8.00 $1,600.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 10.00 $1,950.00
3.1.6. Huntington Drive 0.50 0.50 - 1.00 2.00 4.00 $750.00 - - - - - - - $0.00 1.50 1.50 $262.50 - - - - $0.00 - - $0.00 5.50 $1,012.50
3.1.7. La Rambla 2.00 2.00 2.00 6.00 9.00 21.00 $3,980.00 - - - - - - - $0.00 3.50 3.50 $612.50 - - - - $0.00 - - $0.00 24.50 $4,592.50
3.2. Opinion of Probable Costs 4.00 - 16.00 - 13.00 33.00 $7,340.00 2.00 - 6.00 14.00 - - 22.00 $3,780.00 8.00 8.00 $1,400.00 4.00 7.00 22.00 33.00 $5,140.00 - - $0.00 63.00 $12,520.00
3.2.1. Moreno Street 1.00 - 2.50 - 2.00 5.50 $1,270.00 0.50 - 1.00 2.00 - - 3.50 $620.00 2.00 2.00 $350.00 1.00 1.00 4.00 6.00 $970.00 - - $0.00 17.00 $3,210.00
3.2.2. Monte Vista Avenue 0.50 - 2.50 - 2.00 5.00 $1,100.00 0.25 - 1.00 2.00 - - 3.25 $557.50 1.00 1.00 $175.00 0.50 1.00 3.00 4.50 $695.00 - - $0.00 13.75 $2,527.50
3.2.3. Central Avenue 0.50 - 2.50 - 2.00 5.00 $1,100.00 0.25 - 1.00 2.00 - - 3.25 $557.50 1.00 1.00 $175.00 0.50 1.00 3.00 4.50 $695.00 - - $0.00 13.75 $2,527.50
3.2.4. Richton Street 0.50 - 2.00 - 2.00 4.50 $970.00 0.25 - 1.00 2.00 - - 3.25 $557.50 1.00 1.00 $175.00 0.50 1.00 3.00 4.50 $695.00 - - $0.00 13.25 $2,397.50
3.2.5. Arrow Highway 0.50 - 2.00 - 1.00 3.50 $830.00 0.25 - 1.00 2.00 - - 3.25 $557.50 1.00 1.00 $175.00 0.50 1.00 3.00 4.50 $695.00 - - $0.00 12.25 $2,257.50
3.2.6. Huntington Drive 0.50 - 2.00 - 2.00 4.50 $970.00 0.25 - 0.50 2.00 - - 2.75 $465.00 1.00 1.00 $175.00 0.50 1.00 3.00 4.50 $695.00 - - $0.00 12.75 $2,305.00
3.2.7. La Rambla 0.50 - 2.50 - 2.00 5.00 $1,100.00 0.25 - 0.50 2.00 - - 2.75 $465.00 1.00 1.00 $175.00 0.50 1.00 3.00 4.50 $695.00 - - $0.00 13.25 $2,435.00
3.3. Street Improvement Master Plan Document 5.50 7.50 26.00 - 56.00 95.00 $18,570.00 - - - - - - - $0.00 7.00 7.00 $1,225.00 - - - - $0.00 - - $0.00 102.00 $19,795.00
3.3.1. Moreno Street 1.00 2.00 5.00 - 12.00 20.00 $3,880.00 - - - - - - - $0.00 2.00 2.00 $350.00 - - - - $0.00 - - $0.00 22.00 $4,230.00
3.3.2. Monte Vista Avenue 1.00 1.00 5.00 - 12.00 19.00 $3,600.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 20.00 $3,775.00
3.3.3. Central Avenue 1.00 1.00 5.00 - 12.00 19.00 $3,600.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 20.00 $3,775.00
3.3.4. Richton Street 0.50 1.00 4.00 - 6.00 11.50 $2,330.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 12.50 $2,505.00
3.3.5. Arrow Highway 0.50 1.00 1.00 - 1.00 3.50 $850.00 - - - - - - - $0.00 0.50 0.50 $87.50 - - - - $0.00 - - $0.00 4.00 $937.50
3.3.6. Huntington Drive 0.50 0.50 1.00 - 1.00 3.00 $710.00 - - - - - - - $0.00 0.50 0.50 $87.50 - - - - $0.00 - - $0.00 3.50 $797.50
3.3.7. La Rambla 1.00 1.00 5.00 - 12.00 19.00 $3,600.00 - - - - - - - $0.00 1.00 1.00 $175.00 - - - - $0.00 - - $0.00 20.00 $3,775.00 Hours per Staff Member 21.00 19.00 53.00 29.00 120.00 242.00 2.00 - 6.00 14.00 - - 22.00 36.00 36.00 4.00 7.00 22.00 33.00 - - 333.00 Fee per Staff Member $7,140.00 $5,320.00 $13,780.00 $4,640.00 $16,800.00 $47,680.00 $500.00 $0.00 $1,110.00 $2,170.00 $0.00 $0.00 $3,780.00 $6,300.00 $6,300.00 $1,120.00 $1,050.00 $2,970.00 $5,140.00 $0.00 $0.00 $62,900.00 Subtotal Task 3 $6,300
Total Hours per Staff Member 252.00 208.00 434.00 394.00 855.00 2,143.00 38.00 26.00 165.00 415.00 154.00 258.50 1,056.50 168.00 168.00 57.50 99.00 126.00 282.50 140.00 140.00 3,790.00 Total Fee per Staff Member $85,680 $58,240 $112,840 $63,040 $119,700 $439,500.00 $9,500 $5,330 $30,525 $64,325 $21,560 $85,305 $216,545.00 $29,400 $29,400.00 $16,100 $14,850 $17,010 $47,960.00 $21,000 $21,000.00 $754,405.00 Fee Subtotal 2,143.00 $439,500.00 798.00 $216,545.00 168.00 $29,400.00 282.50 $47,960.00 140.00 $21,000.00 3,531.50 $754,405.00 Aerial Survey $10,000.00 $10,000.00
Expenses $2,000.00 $1,000.00 $0.00 $500.00 $0.00 $3,500.00 Allowance 1: Geotechnical Analysis $140,000.00 $140,000.00 Allowance 2: Traffic Signal Cost Estimating $9,000.00 $9,000.00 Allowance 3: Utilities Mapping/Pavement Markings Survey $160,000.00 $160,000.00 TOTAL $441,500.00 $227,545.00 $29,400.00 $57,460.00 $21,000.00 $140,000.00 $160,000.00 $1,076,905.00 $3,780
$215,320 $7,560
$47,680
$21,170
$5,140
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 83 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 3
FILE I.D.: FRD215
DEPT.: FIRE
PREPARER: D. POHL
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NO. 22–34 WITH ADVANCED CREATIVE
CONCRETE TO CONSTRUCT A CONCRETE FOUNDATION FOR A VENTILATION
TRAINING PROP AT THE FIRE DEPARTMENT TRAINING FACILITY
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement No. 22–34 with Advanced Creative Concrete construct a concrete foundation for a ventilation training prop at the Fire Department training grounds. Advanced Creative Concrete would remove and dispose of the asphalt; dig, form, and pour concrete footings; and attach brackets supplied by the Fire Department for completion of the ventilation prop. All aspects of the project would be completed according to Fire staff specifications.
A copy of proposed Agreement No. 22–34 with Advanced Creative Concrete is attached for City Council review and consideration.
BACKGROUND: In the Fiscal Year 2021–22 Budget, the Fire Department received approval for the construction of a new, multipurpose ventilation training prop at the Fire training facility. The drawings for this capital outlay project were reviewed by an engineer whose recommendation and requirements came back with an estimate of $75,000, which would put the project over the approved amount. The decision was made to scale back the project to keep it within the approved budget amount.
The project drawings were sent to three concrete contractors for bids. Once staff received and reviewed the three quotes, a company was selected to complete the project.
Upon further review, it was noted that none of the contractors were paying prevailing wage to their employees. Staff requested each company to re–submit their bids utilizing prevailing wage. Only one of the contractors, Advanced Creative Concrete, responded to this request—the other two did not resubmit a bid.
The term of proposed Agreement No. 22–34 would be 30 days from the start of demolition.
FISCAL IMPACT: The cost for installation of the concrete foundation for the new ventilation training prop would be $22,000. The funds required to complete the concrete foundation have been approved as a capital outlay project in the FY 2021–22 Budget in Account No. 1001–4534–62030–400–00000. The wood framing construction for the completion of the ventilation training prop would be completed by Fire Department personnel with the funding coming from Personnel Development Program Supplies Account No. 1001–4534–51130–400–00000, which is designated for the purchase of such items as lumber, nails, and roofing materials for realistic training exercises.
RECOMMENDATION: Staff recommends the City Council approve Agreement No. 22–34 with Advanced Creative Concrete to construct a concrete foundation for a ventilation training prop at the Fire training facility.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 84 of 265 Agreement No. 22-34
KNOW ALL MEN BY THESE PRESENTS: That the following Agreement is made and entered into as of the date executed by the City Clerk and the Mayor, by and between Advanced Creative Concrete Lic# 975978, an LLC, hereinafter referred to as "CONTRACTOR" and the CITY OF MONTCLAIR, hereinafter referred to as "CITY." A. Recitals.
(i) Pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened, and declared on the date specified in said notice. (ii) CITY did accept the bid of CONTRACTOR.
(iii) CITY has authorized the City Clerk and Mayor to enter into a written contract with CONTRACTOR for furnishing labor, equipment, and material for the construction of:
(iv)
Montclair Fire Department Ventilation Roof Prop
"PROJECT" hereinafter.
B. Resolution.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools, materials (with the exception of concrete post bases provided by fire department), appliances, and equipment for and do all work contemplated and embraced for the PROJECT. Said PROJECT to be performed in accordance with requested fire department design to include items shown on CONTRACTOR submitted bid (Addendum 1).
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The aforesaid specifications are incorporated herein by reference thereto and made a part hereof with like force and effect as if all of said documents were set forth in full herein. Said documents, the Notice Inviting Bids, the Instructions to Bidders, the Proposal and any City-issued addenda, together with this written Agreement, shall constitute the contract between the parties. This contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the CONTRACTOR whether set out specifically in the contract or not.
Should it be ascertained that any inconsistency exists between the aforesaid documents and this written Agreement, the provisions of this written Agreement shall control.
3. TERMS OF CONTRACT: The CONTRACTOR agrees to execute the contract within thirty (30) calendar days from the date of notice of award of the contract and to complete his portion of PROJECT within the time specified in the Special Provisions.
CONTRACTOR agrees further to the assessment of liquidated damages in the amount specified in the Special Provisions or the Standard Specifications, whichever is higher, MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 85 of 265
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for each calendar day PROJECT remains incomplete beyond the expiration of the completion date. CITY may deduct the amount thereof from any moneys due or that may become due the CONTRACTOR under this contract. Progress payments made after the scheduled date of completion shall not constitute a waiver of liquidated damages.
4. GOVERNING LAW: The City and Contractor understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this Agreement and also govern the interpretation of this Agreement.
Any litigation concerning this Agreement shall take place in the municipal, superior, or federal district court with jurisdiction over the City of Montclair.
5. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall the CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the life of this contract the following policies of insurance:
a. Compensation Insurance: Before beginning work, the CONTRACTOR shall furnish to the Engineer a policy of insurance or proper endorsement as proof that he has taken out full compensation insurance for all persons whom he may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract.
In accordance with the provisions of §3700 of the California Labor Code, every contractor shall secure the payment of compensation to his employees.
CONTRACTOR, prior to commencing work, shall sign and file with CITY a certification as follows:
"I am aware of the provisions of §3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract."
b. For all operations of the CONTRACTOR or any subcontractor in performing the work provided for herein, insurance with the following minimum limits and coverage:
(1) Public Liability - Bodily Injury (not auto) $1,000,000 each person; $2,000,000 each accident.
(2) Public Liability - Property Damage (not auto) $500,000 each accident; $1,000,000 aggregate.
(3) Contractor's Protective - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(4) Contractor's Protective - Property Damage $500,000 each accident; $1,000,000 aggregate.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 86 of 265
AGREEMENT
Page G-3
(5) Automobile - Bodily Injury $1,000,000 each person; $2,000,000 each accident.
(6) Automobile - Property Damage $500,000 each accident. c. The policy of insurance provided for in subparagraph a. shall contain an endorsement which:
(1) Waives all right of subrogation against all persons and entities specified in subparagraph 4.d.(2) hereof to be listed as additional insureds in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of CONTRACTOR or any subcontractor in performing the work provided for herein;
(2) Provides it shall not be canceled or altered without thirty (30) days' written notice thereof given to CITY by registered mail. d. Each such policy of insurance provided for in paragraph b. shall:
(1) Be issued by an insurance company approved in writing by CITY, which is qualified to do business in the State of California; (2) Name as additional insureds the CITY, its officers, agents and employees, and any other parties specified in the bid documents to be so included;
(3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insureds shall be called upon to cover a loss under said policy;
(4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by CITY of a written notice of such cancellation or reduction of coverage as evidenced by receipt of a registered letter."
(5) Otherwise be in form satisfactory to CITY.
e. The CONTRACTOR shall at the time of the execution of the contract present the original policies of insurance required in paragraphs a. and b., hereof, or present an endorsement of the insurance company, showing the issuance of such insurance, and the additional insureds and other provisions required herein.
6. CONTRACTOR'S LIABILITY: The City of Montclair and its respective officers, agents and employees shall not be answerable or accountable in any manner for any loss or damage that may happen to the project or any part thereof, or for any of the MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 87 of 265
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Page G-4
materials or other things used or employed in performing the project; or for injury or damage to any person or persons, either workmen, employees of the CONTRACTOR or his subcontractors or the public, whatsoever arising out of or in connection with the performance of the project. The CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever, except the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY during the progress of the project or at any time before its completion and final acceptance.
The CONTRACTOR will indemnify CITY against and will hold and save CITY harmless from any and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his agents, employees, subcontractors, or invitees provided for herein, whether or not there is concurrent passive or active negligence on the part of CITY, but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of CITY, its employees, servants, or independent contractors who are directly responsible to CITY, and in connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations, or liabilities and will pay all costs and expenses, including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment or award rendered against the CONTRACTOR or CITY covering such claims, damages, penalties, obligations, and liabilities arising out of or in connection with such work, operations, or activities of the CONTRACTOR hereunder or reasonable settlement in lieu of judgment or award, and the CONTRACTOR agrees to save and hold the CITY harmless therefrom. c. In the event CITY is made a party to any action or proceeding filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or in connection with the project, operation, or activities of the CONTRACTOR hereunder, the CONTRACTOR agrees to pay to CITY any and all costs and expenses incurred by CITY in such action or proceeding together with reasonable attorneys' fees.
Money due to the CONTRACTOR under and by virtue of the contract, as shall be considered necessary by CITY, may be retained by CITY until disposition has been made of such actions or claims for damage as aforesaid.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 88 of 265
AGREEMENT
Page G-5
7. NONDISCRIMINATION: No discrimination shall be made in the employment of persons upon public works because of the race, color, sex, sexual preference, sexual orientation, or religion of such persons, and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Division 2, Part 7, Chapter 1 of the Labor Code in accordance with the provisions of § 1735 of said Code.
8. INELIGIBLE SUBCONTRACTORS: The CONTRACTOR shall be prohibited from performing work on this project with a subcontractor who is ineligible to perform on the project pursuant to § 1777.1 and § 1777.7 of the Labor Code.
9. CONTRACT PRICE AND PAYMENT: CITY shall pay to the CONTRACTOR for furnishing the material and doing the prescribed work the unit prices set forth in accordance with CONTRACTOR's Proposal dated May 1st, 2022.
10. ATTORNEYS' FEES: In the event that any action or proceeding is brought by either party to enforce any term or provision of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs incurred with respect thereto.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed with all the formalities required by law on the respective dates set forth opposite their signatures.
CONTRACTOR CITY
Advanced Creative Concrete City of Montclair, California 5111 Benito Street
Montclair, CA 91763
34544 Yale Drive
Yucaipa, CA 92399
By:
Javier “John” Dutrey
Mayor
Name, Title ATTEST:
By:
Andrea M. Myrick
City Clerk
APPROVED AS TO FORM:
Diane E. Robbins
City Attorney
Name, Title
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 89 of 265
AGREEMENT
Page G-6
Addendum 1
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 90 of 265 Addendum 1
This estimate is for the work to be completed at: 10835 Monte Vista Ave.
Montclair, CA 91763.
Advanced Creative Concrete
Tom Miranda, Owner
License #975978
(909) 496-4964
The total cost for the new "Pilaster Foundation" will be $22,000.00.
This price will include:
The installation of (21) - 16" to 24" diameter x 12" to 16" tall pilasters recessed into the ground 12" deep. The footing width will be 2' x 2' square with the reinforcement bar in the footing and pilaster monolithically.
Scope of Work:
1. All saw-cutting, removal, and disposal of asphalt and soil.
2. Setting pilaster forms in accordance to the plan provided.
3. Installation of all beam brackets in the concrete pilasters at the measurements provided on the plan.
4. Patch around all new pilasters with concrete.
5. Material, labor (Prevailing wage), and all machinery is included in this estimate.
6. All brackets will be provided by the customer.
AGREEMENT
Page G-7
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 91 of 265
CITY COUNCIL
AGENDA REPORT
DATE: MAY 16, 2022
SECTION: CONSENT - AGREEMENTS
ITEM NO.: 4
FILE I.D.: PDT175/PDT362
DEPT.: POLICE
PREPARER: M. BUTLER
SUBJECT: CONSIDER APPROVAL OF AGREEMENT NOS. 22–38 AND 22–39 WITH THE COUNTY
OF SAN BERNARDINO TO PROVIDE FOR THE RECEIPT OF GRANT FUNDS FROM THE 2020 AND 2021 JUSTICE ASSISTANCE GRANT AWARDS
CONSIDER AUTHORIZING CITY MANAGER EDWARD C. STARR TO SIGN SAID
AGREEMENTS
REASON FOR CONSIDERATION: The City Council is requested to consider approval of Agreement Nos. 22–38 and 22–39 with the County of San Bernardino to provide for the receipt of grant funds from the 2020 and 2021 Justice Assistance Grant (JAG) awards and authorizing City Manager Edward C. Starr to sign said Agreements.
BACKGROUND: The Board of Supervisors of San Bernardino County has accepted grant awards from the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance under the 2020 and 2021 Edward Byrne Memorial JAG Program. As a subrecipient, the City has been allocated $14,572 from JAG 2020 and $17,609 from JAG 2021. The County, acting in its capacity as JAG Program Administrator, shall disburse appropriate grant allocations, less a 5 percent administrative fee as allowable under JAG guidelines.
Since 2005, the JAG Program has provided funding to state and local governments for support of a broad range of activities intended to prevent and control crime and improve the criminal justice system. Pursuant to the grant requirements, the City entered into Agreement Nos. 20–75 and 22–33 with the County related to distribution of 2020 and 2021 JAG Program Award funds. These Interlocal Agreements, or Memorandums of Understanding, were signed by local jurisdictions identifying the County as the fiscal agent and JAG Program Administrator for these joint funds. These agreements allow the County to release pass–through funds to the towns and cities in accordance with the grant agreement.
The JAG Program further requires participating jurisdictions receiving grant funds to execute sub–award grant agreements in order to acknowledge receipt of the Federal award information and applicable compliance requirements, including special conditions for each Federal sub–award. By entering into proposed sub–award grant Agreement Nos. 22–38 and 22–39, the City agrees to undertake and carry out activities delineated by each grant award, and to the conditions or limitations set forth in each grant award.
The JAG Program is the primary provider of federal criminal justice funding to states and units of local government and furthers the Department of Justice’s mission to prevent or reduce crime and violence. JAG Program awards are for the exclusive use of law enforcement services and programs and are designed to provide additional personnel, equipment, supplies, contractual support, training, technical assistance, and information systems for criminal justice. These funds shall supplement existing services and shall not be used to supplant any existing funding for law enforcement services.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 92 of 265 Staff is currently exploring options to utilize the funds on specialized equipment to enhance services to meet the law enforcement safety needs of the community.
FISCAL IMPACT: Approval of proposed Agreement No. 22–38 would result in a $13,844 JAG Program fund allocation to the Police Department’s budget. The San Bernardino County Board of Supervisors would retain a 5 percent administrative fee of $728.
Approval of proposed Agreement No. 22–39 would result in a $16,729 JAG Program fund allocation to the Police Department’s budget. The County would retain a 5 percent administrative fee of $880.
RECOMMENDATION: Staff recommends the City Council take the following actions:
1. Approve Agreement Nos. 22–38 and 22–39 with the County of San Bernardino to provide for the receipt of grant funds from the 2020 and 2021 Justice Assistance Grant awards.
2. Authorize City Manager Edward C. Starr to sign said Agreements.
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 93 of 265 ,P'&, San"ernardinocounty 385 North Arrowhead Avenue
ICOUNTY , - -
SAN-BERNARDINO San Bernardino, CA 92415-0123 Grant
Sub-Award
PAGE 1 0F 37
' 909-387-5005
caw ana iusuce broup
SUBRECIPIENT NAME AND ADDRESS (lncluding Zip Code)
City of Montclair
5111 Benito Street, Pa Box 2308
Montdair, CA 91763-2808
AWARD NUMBER: 2020-Dl-BX-0476
SUB-AWARD NUMBER: 2020-Dl-BX-0476-Montdair
SUBRECIPIENT IRS/VENDOR NO.
95-6005731
PROIECTPERIOD: FROM 10/01/2019 TO 09/30/2023
BUDGETPERIOD: FROM 10/01/2019 TO 09/30/2023
SUBRECIPIENT DUNS NO.
08-497-6919
AWARDDATE (1")/18/2020
PREVIOUS AWARD AMOUNT SO
PROJECT TITLE
FY 20 Local JAG Program
AMOUNT OF THIS AWARD S13,844
TOTALSUB-AWARD 513,844
SPECIAL CONDITIONS
THE ABOVE GRANT PROJECT IS APPROVED SUBIECTTO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATT ACHED PAGEiS), WHICH INCLUDE THE AWARD CONTINUATION SHEETS (PAGES 2-32), A SUPPLEMENT AL ST ATEMENT BY THE COUNTY OF SAN BERNARDINO (1 PAGE}, AND THE SUBRECIPIENT MONITORING PROCEDURES FOR THE COUNTY OF SAN BERNARDINO IAW AND JUSTICE GROUP [4 PAGES).
STATUTORY AUTHORITY FOR GRANT
ThiS project iS supported under FY20[B1A-JAG State and JAG LOCal) Titlel Of Pub. L. N0. 90-351 (generally COdified at 34 u.s.c. 10101-10726),including subpart 1 of part E (codified at 34 u.s.c. 10151- 10158); see also 28 u.s.c. 530C(a).
CATALOG OF DOMESTIC FEDERAL ASSISTANCE iCFDA Number)
16.738 - Edward Byrne Memorial Justice Assistance Grant Program jiakasfitg.lljj& !liiA*l
a vi . . . fflffl m -l
TYPED NAME AND TITLE OF APPROVING OFFICIAL
Robert Wickum, Chair
San Bernardino County Law and Justice Group
/
TYPED NAME AND TITLE OF AUTHORIZED SUBRECIPIENT OFFICIAL Edward C. Starr, City Manager
City of Montclair
' SIGNATURE OF !ppsovixc OFFICIAL
Q -,?t-a7
SIGNATURE OF AUTHORIZED SUBRECIPIENT OFFICIAL
DATE DATE
Agreement No. 22-38
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 94 of 265 & OfficeofJusticePrograms ],l_-
Xj-.=:l""
Department of Justice (DOJ)
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
I
PAGE 2 0F 32
PROJECT NUMBER 2020-DJ-BX-0476 AWARD DATE 09/18/2020
SPECJAL CONDITIONS
1. Requirements of tlie award; remedies for non-compliance or for materially false statements T)ie conditions of this award are inaterial requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that re}ate to conduct during the period of performance also is a material requirement of tliis award.
Limited Exceptions. In certain special circumstances, tlie u.s. Department of Justice ("DOJ") inay determine that it wiH not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, int.luding any such exceptions made during tlie period of performance, are (or will be during tlie period of perfomtance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices:
Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardReqts.lihn), and incorporated by reference into the award.
By signing and accepting this awai-d on belialf of tlie recipient, the authorized recipient official accepts al) material requirements of tlie award, and specifically adopts, as if personally execrited by the authorized recipient official, all assurances or certifications submitted by or on belialf of the recipient tliat rt4ate to conduct during the period of performance.
Failure to comply with one or inore award requirements-whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period-may result in OJP taking appropriate action with respect to the recipient and tlie award. Among otlier things, tlie OJP may withhold award funds, disallow costs, or suspend or terminate tlie award. DOJ, including OJP, also may take other legal action as appropriate.
Any mateiially false, fictitious, or fraudulent statement to the federal govemment related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (includmg under 18 u.s.c. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to iinposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 u.s.c. 3729-3730 and 3801-3812).
Sliould any provision of a requireinent of tliis award be lield to be invalid or unenforceable by its terms, tliat provision sliall first be applied witli a liinited construction so as to give it the maximum effect permitted by }aw. Should it be field, instead, that tlie provision is utterly invalid or -unenforceable, sucli provision slial} be deeined severable from this award.
OJP FORM 4000/2 (REV 4-88)
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 95 of 265 4 Department of Justice (DOJ)
fi0[§ Office of Justice Programs
d'
Bureau of Justice Assistance
AWARD CONTINUATION
SHEET
Grant
PAGE 3 0F 32
PROJECTNUMBER 2020-DJ-BX-0476 AWARDDATE 09/18/2020
SPECIAL CONDITIONS
2. Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, tlie "Part 200 Uniform Requirements") apply to this FY 2020 award from OJP.
Tlie Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2020 award supp}einents funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), t)ie Part 200 Uniform Requirements apply witli respect to all funds under that award number (regardless of the award date, and regardless of wliether derived from the initial award or a supplemental award) tliat are obligated on or after the acceptance date of this FY 2020 award.
For more infonnation acid resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at littps://ojp.gov/funding/Part200UniformRequirements.hhn.
Record retention and access: Records pertinent to tl'ie award tliat tlie recipient (and any subrecipient ("subgrantee") at any tier) must retain-typically for a period of 3 years from the date of submission of the fina} expenditure report (SF 425), unless a different retention period applies-and to wliicli the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include perfomiance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records mdicated at 2 C.F.R. 200.333.
In tlie event that an award-related question arises from docuinents or otlier materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of tlie Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification.
3. Compliance witli DOJ Grants Fmancial Guide
References to the DOJ Grants Financia} Guide are to tlie DOJ Grants Financial Guide as posted on tlie OJP website (currently, the "DOJ Grants Financia} Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during tlie period of performance. The recipient agrees to comply witli tlie DOJ Grants Financial Guide.
4. Reclassification of various statutory provisions to a new Title 34 of tlie United States Code On Septemberl, 2017, various statutory provisions previously codified elsewliere in the u.s. Code were editorially reclassified (tliat is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." Tlie reclassification encoinpassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreeinents), including many provisions previously codified in Title 42 of tlie U.S. Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision tliat lias been reclassified to tlie new Title 34 of tlie u.s. Code is to be read as a reference to that statutory provision as reclassified to Title 34. Tliis rule of construction specifical)y includes references set out in award conditions, references set out in material incorporated by reference tlirough award conditions, and references set out in otlier award reqriirements.
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5. Reqriired training for Point of Contact and all Financial Points of Contact Both tlie Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financia} inanagement and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2018, will satisfy this condition.
11] tlie event that eitlier the POC or an FPOC for tliis award changes during the period of perfonnance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-(1) tlie date of OJP's approva} of tlie "Cliange Grantee Contact" GAN (in tl'ie case of a new POC), or (2) tbe date tbe POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of sucli a training on or after January 1, 2018, will satisfy this condition.
A list of OJP trainings that OJP will considei "OJP financia} management and grant administration training" for purposes of tliis condition is available at https://www.ojp.gov/training/fmts.hhn. AI1 trainings that satisfy this condition include a session on grant fraud prevention and detection.
The recipient sliould anticipate tliat OJP wil) immediately withhold ("freeze") award funds if tlie recipient fails to comply with this condition. Tlie recipient's failure to comply also may lead OJP to impose additional appropriate conditions on tliis award.
6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Umform Requirements and otlier applicablelaw to use the "de ininiinis" indirect cost rate descnbed in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of botb its eligibility and its election, and must coinply with all associated requireinents in the Part 200 Uniform Requirements. Tlie "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by tlie Part 200 Unif'orm Requirements.
7. Requirement to report potentiaHy dup}icative funding If the recipient currently lias otlier active awards of federal funds, or if tlie recipient receives any otlier award of federa} funds during tlie period of performance for tliis award, the recipient promptly must determine whether funds from any of those ot)ier federal awards have been, are being, or are to be used (in whole or in part) f'or one or more of the identical cost items for wliicl'i funds are provided under tlns award. If so, the recipient must promptly notify the DOJ awarding agency (OJP oi OVW, as appropriate) m writing of tlie potential duplication, and, if so requested by the DOJ awarding agency, inust seek a budget-modification or change-of-project-scope grant adjushnent notice (GAN) to eliminate any inappropriate duplication of funding.
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8. Requirements related to System for Award Management and Umversa} Identifier Requirei'nents Tile recipient must COmpty Witll applicable requirements regarding the sySte}n far AWard Management (SAM), currently accessible at https://www.sam.gov/. Tliis includes applicable requirements regarding registration witli SAM, as wel} as maimaining the currency of information in SAM.
The recipient also must comply wit)i applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM i'egistration.
Tlie details of tlie recipient's obligations related to SAM and to unique entity identifiers are posted on tlie OJP web site at https://ojp.gov/funding/Explore/SA_M.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by refcrence liere.
This condition does not apply to an award to an individual wl'io received tlie award as a natura} person (i.e., unrelated to any business or non-profit organization tliat he or she may own or operate in his or lier name).
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9. Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) mustA. Ensure that, as part of tlie hiring process for any position witliin the United States tliat is or will be fimded (in wliole or in part) with award funds, the recipient (or any subrecipient) properly verifies tlie employment eligibility of tlie individual who is being hired, consistent witli tlie provisions of 8 u.s.c. 1324a(a)(1) and (2).
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this ward of botli-
(l) tliis award requirement for verification of employment eligibility, and (2) the associated provisions in 8 u.s.c. 1324a(a)(1) and (2) that, generally speaking, make it unlawful in tlie United States, to liire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessaiy) to those persons required by tliis condition to be notified of the award requirement for employment eligibility verification and of tlie associated provisions of 8 u.s.c. 1324a(a)(1) and (2).
D. As part of the recordkeeping for tlie award (includmg pursuant to the Part 200 Unifonn Requirements), maimain records of a}} employment eligibility verifications pertinent to compliance with this award condition in accordance witli Form I-9 record retention requirements, as well as records of all pertinent notifications and trainings.
2. Monitoring
The recipient's monitoring responsibilities inclride monitoring of subrecipient compliance with this condition.
3. Allowable costs
To tlie extent that such costs are not reimbursed under any other federai program, award funds inay be obligated for tlie reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance witli tliis condition.
4. Rules of consti'uction
A. Staff involved in the liiring process
For purposes of tl'its condition, persons "wlio are or wiH be involved in activities under tliis award" specifically inc)udes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or wil} be invoived in tiie hiring process with respect to a position that is or will be funded (in whole or in part) witli award funds.
B. Einployment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of t)iis condition regarding verification of employment eligibility, tlie recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authotized to act on belia}f of tlie recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfin'nation" or a "Final Nonconfirmation") to confirm einployment eligibility for eacli liiring for a position in the United States tliat is or wil} be funded (in wliole or in part) witli award funds.
C. "United States" specifically includes tl'ie District of Columbia, Puerto Rico, Guam, tlie Virginlslands of tlie United States, and tlie Commonwea)t)i of tlie Nort)iem Mariana Islands.
D. Not)iing in tbis condition slia}) be rinderstood to autliorize or require any recipient, any subrecipient at any tier, or OJP FORM 4000/2 (REV 4-88)
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any person or otlier entity, to violate any federal law, including any applicable civi} riglits or nondiscrimination law.
E. Nothing in tins condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otlierwise imposed by law, including 8 u.s.c. 1324a(a)(1) and (2).
Questions about E-Verify sliould be directed to DHS. For more information about E-Verify visit tlie E-Verify website (https://www.e-verify.gov/) or emai) E-Verify at [email protected]. E-Verify employer agents can email EVerify at [email protected].
Questions about the meaning or scope of tins condition s)iould be directed to OJP, before award acceptance.
10. Requirement to report actual or imminent breacli of personally identifiable information (PII) Tlie recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in tlie event of an achial or iinminent "breacli" (OMB M-17-12) if it (or a subrecipient)-(1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) witliin the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later tlian 24 hours after an occurrence of an actual breach, or the detection of an imminent breach.
11. All subawards ("subgrants") must have specific federal authorization Tlie recipient, and any subrecipient ("subgrantee") at any tier, must comply witli al} applicable requireinents for authorization of any subaward. Tliis condition applies to agreements that-for pui'poses of federal grants administrative requirements-OJP considers a "subaward" (and therefore does not consider a lirocrirement "contract").
The details of tl'ie requirement for autl'iorization of any subaward are posted on the OJP web site at littps://ojp.gov/funding/Exp}ore/SubawardAutliorization.htm (Award condition: A11 subawards ("sribgrants") must have specific federal authonzation), and are incorporated by reference here.
12. Specific post-award approval required to use a noncompetitive approacli in any procurement contract that would exceed $250,000
The recipienl and any subrecipient ("subgrantee") at any tier, must comply with all applicable requireinents to obtain specific advance approva} to use a noncompetitive approacli in any procurement contract tl'iat would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that-for purposes of federal grants administrative requireinents-OJP considers a procurement "contract" (and tlierefore does not consider a subaward).
Tlie details of tlie requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.lihn (Award condition: Specific post-award approval required to use a noncompetitive approach in a procureinent contract (if conh'act would exceed $250,000)), and are incorporated by reference here.
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13. Unreasonable i'estrictions on competition under the award; association witli federal government SCOPE. This condition applies witli respect to any procurement of property or services that is funded (in whole or in part) by tliis award, wl'iether by the recipient or by any subrecipient at any tier, and regardless of tlie dollar amount of the purcliase or acquisition, tlie method of procurement, or tlie nature of any lega} instrument used. Tlie provisions of this condition must be among those included in any subaward (at any tier).
1. No discrimination, in procurement transactions, against associates of the federal govemment Consistent with the (DOJ) Part 200 Uniform Requirements-including as set out at 2 C.F.R. 200.300 (requiring awards to be "manage[d] and administer[ed] in a manner so as to ensure tliat Federal funding is expended and associated programs are implemented in full accordance witli U.S. stahitory and priblic policy requirements") and 200.319(a) (generally requiring "[alll procurement transactions [tol be conducted in a manner providing full and open competition" and forbidding practices "restrictive of competition," such as "[p]lacing unreasonable requii'ements on firms in order for them to qualify to do business" and taking "[a]ny arbitrary action in the procurement process")-no recipient (or subrecipient, at any tier) may (in any procurement transaction) discriminate against any person or entity on tlie basis of suc)i person or entity's status as an "associate of the federal govemment" (or on the basis of such person or entity's status as a parent, affiliate, or subsidiary of such an associate), except as expressly set out in 2 C.F.R. 200.319(a) or as specifically authorized by USDOJ.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Ailowable costs
To tlie extent tliat such costs are not reimbursed under any otlier federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance witli this condition.
4. Rules of construction
A. Tlie term "associate of tlie federal goveniment" means any person or entity engaged or employed (in l)ie past or at present) by or on behalf of tlie federal goven+ment-as an employee, contractor or subcontractor (at any tier), grant recipient or -subrecipient (at any tier), agent, or otlierwise-in undertaking any work, project, or activity for or on belialf of (oi' in providing goods or services to or on belialf of) tlie federal govenunent, and includes any applicant for such employment or engagement, and any person or entity committed by legal insti'ument to undertake any sucli work, project, or activity (or to provide such goods or services) in future.
B. Notl'iing in tliis condition shaH be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, inchiding any applicable civil rights or nondiscrimination law.
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14. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to termmate award)
Tlie recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to proliibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient.
The details of tlie recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.lihn (Award condition: Proliibited conduct by recipients and subrecipients related to trafficking in persons (including reporting reqriirements and OJP authority to terminate award)), and are mcorporated by reference here.
15. Determination of suitability to interact witl'i participating minors SCOPE. This condition applies to tlns award if it is indicated-in the application for tlie award (as approved by DOJ)(or in the application for any subaward, at any tier), tlie DOJ funding announcement (solicitation), or an associated federal statute-that a purpose of some or all of the activities to be carried out under tlie award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make detenninations of suitability before certain individuals may interact with participating ininors. Tl'iis requirement applies regardless of an individual's employinent status.
Tlie details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who inay interact with participating ininors), and are incorporated by reference liere.
16. Compliance witli applicable rules regarding approval plaruing, and reporting of conferences, meetings, trainings, and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (inc}uding specific cost limits, prior approval and reporting requirements, wliere applicable) goveming tlie use of federal funds for expenses related to conferences (as that term is defined by DOJ), including tlie provision of food and/or beverages at sucli conferences, and costs of attendance at sucli conferences.
Information on tlie pertinent DOJ definition of conferences and tlie rules applicable to this award appears in tlie DOJ Grants Financial Guide (cunently, as section 3.10 of "Postaward Requireinents" m the "DOJ Grants Financial Guide").
17. Requirement for data on perfonnance and effectiveness under tlie award Tlie recipient must collect and maintain data tliat iiieasure tlie performance and effectiveness of work under tliis award.
The data must be provided to OJP in the manner (including within tl'ie timeframes) specified by OJP in the program solicitation or othei' applicable written guidance. Data collection supports compliance witli tlie Govemment Performance and Results Act (GPRA) and the GPRA Modemization Act of 2010, and other applicable laws.
18. OJP Trainmg Guiding Piinciples
Any training or training materials that llie recipient-or any subrecipient ("subgrantee") at any tier-develops or delivers witli OJP award funds must adliere to tlie OJP Training Guiding Principles for Giamees and Subgi'antees, available at littps://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.litm.
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19. Effect of failure to address audit issues
The recipient understands and agrees that tlie DOJ awarding agency (OJP or OVW, as appropriate) may withliold award funds, or may impose other related requirements, if (as detennined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by tlie Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards.
20. Potential imposition of additional requirements
Tlie recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during tlie period of performance for tliis award, if tlie recipient is designated as "highrisk" for prirposes of tlie DOJ liigh-risk grantee list.
21. Compliance witli DOJ regulations pertaining to civil riglits and nondiscriinination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 tliat relate to an equa} employment opporhinity program.
22. Compliance witli DOJ regulations pertaining to civil riglits and nondiscrimination - 28 C.F.R. Part 54 Tlie recipient, and any subrecipient ("subgrantee") at any tier, inust comply with all applicable requirements of 28 C.F.R. Part 54, wliicli relates to nondiscrimination on the basis of sex in certain "education programs."
23. Compliance with DOJ regulations pertaining to civil riglits and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective prograin beneficiaries.
Currently, among otlier t)iings, 28 C.F.R. Part 38 includes niles that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusa] to attend or participate in a religious practice. Part 38, cunently, also sets out rules and requirements tliat pertain to recipient and subrecipient ("subgrantee") organizations tliat engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faitl'i-based or religious organizations.
Tlie text of 28 C.F.R. Part 38 is available via tlie Electronic Code of Federal Regulations (cunently accessible at https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Cl'iapter 1, Part 38, under e-CFR "cunent" data.
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24. Restrictions on "lobbying"
In general as a matter of federal law, federal fimds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, eitlier directly or indirectly, to support or oppose the enachnent, repeal modification, or adoption of any }aw, regulation, or policy, at any leve} of govemment. See 18 u.s.c. 1913. (T)iere may be exceptions if an applicable federal statute specifically authorizes certain activities tliat otlierwise would be baned by }aw.)
Another federal law generally proliibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreeinent, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, inc}uding an exception that applies to Indian tribes and tribal organizations.
Sliould any question arise as to whetlier a particular use of federal funds by a recipient (or subrecipient) would or inight f'all within the scope of tliese prohibitions, tlie recipient is to contact OJP for guidance, and may not proceed witliout tlie express prior written approval of OJP.
25. Compliance witli general appropriations-law restrictions on tlie use of federal funds (FY 2020) The recipient, and any subrecipient ("subgrantee") at any tier, inust comply witli all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions tliat may be set out in applicable appropriations acts are indicated at )ittps://ojp.gov/funding/Explore/FY20AppropriationsRest'rictions.htm, and are incorporated by reference liere. Shorild a question arise as to wlietlier a particular use of federal funds by a recipient (or a subrecipient) would or might fail within tlie scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without tlie express prior written approval of OJP.
26. Reporting potential fraud, waste, and abuse, and similar misconduct The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to tlie DOJ Office of tlie Inspector General (OIG) any credible evidence tliat a principal employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-(l) submitted a t.laim tliat violates the False Claims Act; or (2) committed a criminal or civil violation oflaws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct.
Potentia} fraud, waste, abuse, or misconduct involving or relating to funds under this award sliould be reported to the OIG by-(l) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: u.s. Department of Justice, OfEce of tlie Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to tlie DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax).
Additional mformation is available from tlie DOJ OIG website at littps://oig.justice.gov/liotline.
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27. Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under tliis award, or entity tliat receives a procurement contract or subcontract witli any funds under this award, inay require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to proliibit or restrict, tlie reporting (in accordance with }aw) of waste, fraud, or abuse to an investigative or law enforcement representative of a federa} department or agency authorized to receive sucli information.
Tlie foregoing is not intended, and slia}} not be understood by the agency making this award, to contravene requireinents applicable to Standard Fonn 312 (wliicli relates to classified infonnation), Fonn 4414 (whicli relates to sensitive compartmented information), or any other form issued by a federa} department or agency goveniing the nondisclosure of classified infonnation.
1. In accepting this award, the recipienta. represents that it neither requires nor lias required intemal confidentiality agreements or statements froin employees or contractors tliat currently prohibit or otherwise currently restrict (or purport to proliibit or restrict) employees or cont'ractors from reporting waste, fraud, or abuse as described above; and b. certifies tliat, if it leai-ns or is notified that it is or lias been requiring its einployees or contractors to execute agreements or statements tliat prohibit or otlierwise restrict (or purport to proliibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide proinpt written notification to tlie federal agency making this award, and wil} resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency.
2. If tl'ie recipient does or is authoiized under this award to make subawards ("subgrants"), procurement contracts, or botha. it represents that-
(1) it has determined tliat no otlier entity tliat the recipient's application proposes may or will receive award funds (whether througli a subaward ("subgranC'), procurement contract, or subcontract under a procurement contract) either requires or lias required intemal confidemiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otlierwise has an adequate factual basis, to support this representation; and b. it certifies tliat, if it }earns or is nottfied that any subrecipient, contractor, or subcontractor entity tliat receives fimds under this award is or lias been requiring its employees or contractors to execute agreements or statements tliat prohibit or otlierwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will iminediately stop any furtlier obligations of award funds to or by that entity, will provide prompt written notification to the federa} agency making tliis award, and will resume (or permit resumption of) sucli obligations only if expressly authorized to do so by that agency.
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28. Compliance witli 41 U.S.C. 4712 (including prohibitions on repi'isal; notice to employees) Tlie recipient (and any subrecipient at any tier) must comply witli, and is subject to, all applicable proyisions of 41 U.S.C. 4712, including a}i applicable provisions that prohibiI under specified circumstances, discrimination against an employee as reprisa} for the employee's disclosure of infomiation related to gross mismanagement of a federal grant, a gross waste of federal funds, an atuise of aritliority relating to a federa} grant, a substantial and specific danger to public heakli or safety, or a violation of }aw, nile, or regulation related to a federal grant.
The recipient also must infonn its employees, in writing (and in tlie predominant native }anguage of the workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a qriestion arise as to the applicability of tlie provisions of 41 u.s.c. 4712 to this award, tlie recipient is to contact tlie DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
29. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messagmg While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any veliicle during the corirse of performing work fimded by this award, and to establish workplace safety policies and condrict education, awareness, and other outreach to decrease craslies caused by distracted drivers.
30. Requireinent to disclose wliether recipient is designated "higli risk" by a federal grant-making agency outside or DOJ If the reciliient is designated "higli risk" by a federal grant-making agency oritside of DOJ, currently or at any time during the course of the period of perfon'nance under tliis award, the recipient inust disclose tliat fact and certain related information to OJP by email at [email protected]. For purposes of tliis disclosure, liigh risk includes any status under wliich a federal awarding agency provides additional oversight due to the recipient's past perfonnance, or other programmatic or financial concems with the recipient. T)ie recipient's disclosure must include tlie following: 1. Tlie federal awarding agency that cunently designates tl'ie recipient higli risk, 2. Tlie date the recipient was designated liigli risk, 3. The hig)'i-risk point of contact at tliat federa} awarding agency (name, phone nuinber, and email address), and 4. Tlie reasons for tlie liigli-risk status, as set out by the federal awarding agency.
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31. Autliority to obligate award funds contingent on noninterference (witliin tlie funded "program or activity") witli federa} law enforceinent: information-communication restrictions; unallowable costs; notification
1. If the recipient is a "State," a local government, or a "public" institution of liiglier education:
A. Tlie recipient inay not obligate award funds if, at the time of tlie obligation, tlie "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a loca} govemment, or a public institution of liiglier education) tliat is funded wholly or partly witli award funds is subject to any "information-communication restriction." B. Also, witli respect to any liroject costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if-at the time it incurs such costs-tlie program or achvity of the recipient (or of any subrecipient, at any tier, described in par. 1.A of this condition) tliat would be reimbursed wholly or partly with award funds was subject to any infonnation-coinmunication restriction.
C. Any drawdown of award funds by tlie recipient slia}l be considered, f'or all purposes, to be a materia) representation by the recipient to OJP that, as of the date the recipient requests the drawdown, tlie recipient and each subrecipient (regardless of tier) described in par. l.A of tliis condition, is in compliance witli tlie award condition entitled "Noninterference (witliin the funded 'program or activity') witli federal law enforcement: information-communication restrictions; ongoing compliance."
D. Tlie recipient must promptiy notify OJP (in writing) if the recipient, froin its requisite monitoring of compliance witli award conditions or otherwise, has credible evidence that indicates tliat the funded program or activity of tlie recipient, or of any subrecipient (at any tier) described in par. 1.A of this condition, may be subject to any informationcommunication restriction. Also, any subaward (at any tier) to a subrecipient described m paragraph 1.A of this condition must require prompt notification to tl'ie entity that made tlie subaward, should the subrecipient liave such credible evidence regarding an infonnation-coinmunication restriction.
2. Any subaward (at any tier) to a subrecipient described in par. l.A of tliis condition must provide tliat the subrecipient may not obligate award funds if, at tlie time of the obligation, the program or activity of the subrecipient (or of any furtlier sucli subrecipient at any tier) tliat is fimded in wliole or in part witli award funds is subject to any infonnationcommunication restriction.
3. Absent an express written detennination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by tlie recipient at tlie time of a subrecipient's ininor and transitory non-compliance, wliic)i was rinknown to tlie recipient despite diligent monitonng), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of tliis award. In making any sucli determination, DOJ will give great weiglit to evidence submitted by the recipient that deinonstrates diligent monitoring of subrecipient compliance wit)i tlie requirements set out in tlie "Noninterference... infonnationcommunication restrictions; ongoing compliance" award condition.
4. Rules of Construction
A. For purposes of tl'iis condition "infonnation-communication restriction" lias tlie ineaning set out in tlie "Noninterference... inf'onnation-communication restrictions; ongoing compliance" condition.
B. Botli llie "Rules of Construction" and the "Important Note" set out in tlie "Noninterference... informationcoinmunication restrictions; ongoing compliance" condition are incorporated by reference as tliough set fortli here in full
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32. Autliority to obligate award funds contingent on no use of funds to interfere witli federal law enforcement:
information-coinmunication restrictions; unallowable costs; notification
1. If tlie recipient is a "State," a }ocal government, or a "public" institiition of higher etkication:
A. The recipient may not obligate award funds if, at the time of the obligation, tlie "program or activity" of tlie recipient (or of any subrecipient at any tier tliat is a State, a local goveminent, or a public instihition of liigher education) that is funded in wliole or in part with award funds is subject to any "infomiation-communication restriction." B. In addition, witli respect to any project costs it incurs "at risk," tlie recipient may not obligate award funds to reimlxirse itselfif-at tlie time it incurs such costs-tlie program or activity of tlie recipient (or of any subrecipient, at any tier, described in paragrapli 1.A of this condition) that would be reimbursed in wliole or in part with award funds was subject to any information-coinmunication restriction.
C. Any drawdown of award funds by tlie recipient shall be considered, for all purposes, to be a material representation by tlie recipient to OJP tliat, as of tlie date the recipient requests tlie drawdown, tlie recipient and each subrecipient (regardless of tier) described in paragraph 1.A of this condition, is in coinpliance with the award condition entitled "No use of funds to interfere with federallaw enforceinent: infonnation-communication restrictions; ongomg compliance " D. Tlie recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otlierwise, lias credible evidence tliat indicates tliat tlie funded program or activity of tlie recipient, or of any subrecipient (at any tier) described in paragrapli 1.A of tliis condition, may be subject to any information-communication restriction. In addition, any subaward (at any tier) to a subrecipient described in paragrapli
1.A of this condition must require prompt notification to the entity tliat made tlie subaward, should the subrecipient liave such credible evidence regarding an information-communication restriction.
2. Any subaward (at any tier) to a subrecipient described in paragrapli 1.A of this condition must provide that the subrecipient may not obligate award funds if, at tlie lime of tlie obligation, the program or activity of the subrecipient (or of any furt)ier sucli subrecipient at any tier) that is fimded in whole or in part with award funds is subject to any information-comrminication restriction.
3. Absem an express written detennination by DOJ to the contrary, based upon a finding by DOJ of coinpelling cirtaimstances (e.g., a small amount of award funds obligated by tlie recipient at tlie time of a subrecipient's ininor and transitory non-compliance, which was unlatown to the recipient despite diligent monitoring), any obligations of award funds that, under tliis condition, inay not be made sliall be unallowable costs for purposes of tliis award. In making any such determination, DOJ wil] give great weiglit to evidence submitted by tlie recipient that demonstrates diligent monitoring of subrecipient compliance witli tl'ie requireinents set out in tlie "No use of funds to interfere... information-coinmunication restrictions; ongoing compliance" award condition.
4. Rules of Const'ruction
A. For purposes of lliis condition "information-communication restriction" has tlie meaning set out in tlie "No use of funds to imerfere... information-cominunication restrictions; ongoing coinpliance" condition.
B. Both llie "Rules of Construction" and t)ie "Imliorlant Note" set out in tlie "No use of funds to interfere... information-communication restrictions; ongoing compliance" condition are incorporated by reference as thorigh se( fortli liere in fuH.
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33. Noninterference (within tl'ie fiinded "program or activity") witli federal law enforcement: information-communication restrictions; ongoing compliance
I. With respect to the "program or activity" funded in whole or part under this award (including any sucli program or activity of any subrecipient at any tier), tliroughout the period of perfomiance, no State or local govemment entity, - agency, or -officia} may pro)nbit or in any way restrict-(1) any govemment entity or -official from sending or receiving information regarding citizensl'iip or iminigration status to/from DHS; or (2) a governinent entity or -agency from sending, requesting or receiving, or exchanging information regarding immigration stahis to/from/with DHS, or from inaintaining such information. Any proliibition (or restriction) tliat violates tliis condition is an "informationcommunication restriction" under t)'iis award.
2. Tlie recipient's inonitoring responsibilities include monitoring of subrecipient compliance witli tlie requirements of this condition.
3. A)lowable costs. Compliance witty tliese requirements is an autliorized and priority purpose of tliis award. To tlie extent tliat sucli costs are not reimbursed under any otlier federal program, award funds may be obligated for the reasonable, necessary, and a}}ocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of l'iigher education, incurs to implement this condition.
4. Rules of Construction
A. For purposes of this condition:
(l) "State" and "loca} govei'nment" include any agency or other entity thereof (including any public mstitution of liiglier education), but not any Indian tribe.
(2) A "public" institution of higher education is defined as one that is owned, controHed, or directly funded (in wliole or in substamial part) by a State or loca} government. (Such a public institution is considered to be a "goveinment entity," and its officials to be "government officials.")
(3) "Program or activity" means wliat it means under title VI of tlie Civi} Rights Act of 1964 (see 42 u.s.c. 2000d-4a). (4) "Iinmigration stahis" means wliat it means under 8 U.S.C. 1373 and 8 u.s.c. 1644; and terms that are defined in 8 u.s.c. 1101 mean what tl'iey mean under that section 1101, except that "State" also includes American Samoa. (5) "DI-IS" means the u.s. Department of Homeland Security.
B. Notliing in tiiis condition slia}l be understood to authorize or require any recipient, any subrecipient at any tier, any State or loca} govenunent, any public institution of higlier education, or any otlier entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition sliould be directed to OJP, before award acceptance.
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34. No use of funds to intei'fere with federal law enforcement: information-coinmunication restrictions; ongoing compliance
1. Tlirougliout the period of perfoi'inance, no State or local govemment entity, -agency, or -official inay use fiinds under tliis award (including under any subaward, at any tier) to proliibit or in any way restrict-(1) any govemment entity or -official from sending or receiving information regarding citizensliip or immigration status to/from DHS; or (2) a goveminent entity or -agency from sending, requesting or receiving, or exchanging information regarding ' immigration status to/froin/witli DHS, or from maintaining such information. Any proliibition (or restriction) tliat violates this condition is an "inforination-communication restriction" under this award.
2. Tlie recipient's inonitoring responsibilities inclride monitoring of subrecipient compliance witli the requirements of tliis condition.
3. Allowalrle costs. Compliance with tliese requirements is an autl'iorized and priority purpose of this award. To the extent tliat sucli costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) tliat tlie recipient, or any subrecipient at any tier that is a State, a }oca} govemment, or a pub)ic institution of liigher education, incurs to implement tliis condition.
4. Rules of Construction
A. For purposes of tliis condition:
(1) "State" and ")ocal govemment" include any agency or otlier entity thereof (including any priblic institution of liigher education), but not any Indian tribe.
(2) A "public" institution of )uglier education is defined as one tliat is owned, controlled, or directly funded (in whole or in substantial part) by a Stale or local govemment. (Such a public institution is considered to be a "govenunent entity," and its officials to be "government officials.")
(3) "Program or activity" means what it means under title Vl of tlie Civi) Riglits Act of 1964 (see 42 U.S.C. 2000d-4a) (4) "Iinmigration status" means what it means under 8 U.S.C. 1373 and 8 u.s.c. 1644; and terms that are defined in 8 U.S.C. 11(N mean w}iat they inean under t)iat section 1101, except tliat "State" also mcludes American Samoa. (5) "DHS" ineans tlie u.s. Depaitment of Hoineland Security.
I B. Notliing in tliis condition shall be rmderstood to aut)iorize or require any recipient, any subrecipient at any tier, any State or iocal govemment, any public institution of )iiglier education, or any other entity (or individual) to violate any federal law, including any applicable civil riglits or nondiscriminationlaw.
IMPORTANT NOTE: Any questions about the meaning or scope of tlus condition sliould be directed to OJP, before award acceptance.
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35. Noninterference (within tlie funded "program or activity") witli federal law enforcement: No public disclosure of certain }aw-enforcement-sensitive information
SCOPE. This condition applies witli respect to the "program or activity" that is funded (in wliole or in part) by tlie award, as of the date the recipient accepts this award, and throughout tlie remainder of t)ie period of perfoi'inance. Its provisions must be among tliose included in any subaward (at any tier).
1. Nonimerference: No public dtsclosure of federal law-enforceinent information in order to conceal, liarbor, or sliield Consistent with the purposes and objectives of federa} law en('orceinent statutes and federa} criminal law (including 8 u.s.c. 1324 and 18 u.s.c. CIIS. ], 49, 227), no public dist.losure may be made of any federal law-enforcement information in a direct or indirect attempt to conceal, harbor, or sliield from detection any fugitive froin justice under 18 u.s.c. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 u.s.c. cli. }2 - without regard to whetber such disclosure would constitute (or could fon'n a predicate for) a violation of 18 u.s.c. 1071 or 1072 or of 8 u.s.c. 1324(a).
2. Monitoring
Tbe recipient's monitoring responsibilities include monitoring of subrecipient compliance witli this condition.
3. Allowable costs
To the extent that such costs are not retmbursed under any otlier federal program, award fimds may be obligated for tlie reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with tliis condition.
4. Rules of construction
A. For purposes of this condition-
(1) the tenn "alien" means what it means under section 101 of tlie Immigration and Nationality Act (see 8 U.S.C. 1101(a%3));
(2) the term "federa} )aw-enforcement information" means law-enforcement-sensitive information communicated or made available, by the federa} govemment, to a State or local government entity, -agency, or -official, tlirough any tneans, including, wtthout limitation-(l) tlirough any database, (2) in connection with any law enforcement partnership or -task-force, (3) tn conr+ection witli any request for law enforceinent assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity;
(3) the tertn "law-enforceinent-sensitive information" means records or infonnation compiled for any lawenforceinent purpose; and (4) the ten'n "public disclosure" means any communication or release other than one-(a) wit)iin the recipient, or (b) to any subrecipient (at any tier) t)iat is a govenunent entity.
B. Both the "Rules of Constructton" and the "Iinportant Note" set out in tlie "Noninterference (williin the funded "program or activity") wtth federal }aw enforceinent: information-communication restrictions; ongoing compliance" award condition are incoi'porated by reference as tliougli set fortli liere in fuH.
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36. No use of funds to interfere witli federal law enforcement: No public disclosure of certain law-enforcement-sensitive information
SCOPE. Tliis condition applies as of tlie date the recipient accepts this award, and tlirougliout the remaindei- of the period of performance. Its provisions must be among those included in any subaward (at any tier).
1. No use of funds to interfere: No public disclosure of federal law-enforcement infonnation in order to conceal liarbor, or shield
Consistent with tlie purposes and objectives of f'ederal law enforcement statutes and federa} criminal law (including 8 u.s.c. 1324 and 18 U.S.C. chis. 1, 49, 227), no funds under tliis award may be used to make any pubhc disclosure of any federa} law-enforcement infom'iation in a direct or indirect attempt to conceal, liarbor, or s)iield from detection any fugitive from justice under 18 u.s.c. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 u.s.c. ch. 12-witliout regard to wliether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a).
2. Monitoring
The recipient's inonitoring responsibilities include monitonng of subrecipient compliance witli this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any otlier federal program, award funds may be obligated for tlie reasonable, necessaiy, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance witli this condition.
4. Rules of consh-uction
A. For purposes of tliis condition-
(l) tlie temi "alien" ineans wliat it means rinder section 101 of tlie Iinmigration and Nationality Act (see 8 u.s.c. 1101(a)(3));
(2) tlie temi "federal law-enforcement information" means )aw-enforcement-sensitive information communicated or made available, by the federal govemment, to a State or local government entity, -agency, or -official, tlirougli any means, including, without liinitation-(l) througli any database, (2) in connection witli any }aw enforcement partnersliip or -task-force, (3) in connection witli any request for law enforcement assistance or -cooperation, or (4) througli any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal }aw enforcement activity;
(3) tlie temi "law-enforcement-sensitive inf'onnation" means records or information compiled for any lawenforcement purpose; and (4) tlie term "public disclosure" ineans any comrminication or release otlier tlian one-(a) witlnn tlie recipient, or (b) to any subrecipient (at any tier) tliat is a government entity.
B. Botli tlie "Rules of Construction" and the "Important Note" set out in tlie "No use of funds to interfere witli federal law enforceinent: information-communication restrictions; ongoing coinpliance" award condition are incorporated by reference as tliough set fortli liere in fuH.
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37. Noninterference (witliin tlie fimded "program or activity") wit)i federal law enforcement: Notice of scheduled release SCOPE. Tliis condition applies with respect to tlie "program or activity" tliat is funded (in whole or in part) by tlie award, as of the date the recipient accepts the award, and throughout tlie remainder of the period of performance. Its provisions inust be among lliose included in any subaward at any tier.
1. Noninterference witli "reinoval" process: Notice of sclieduled release date and time Consonant witli federal law enforceinent statutes-including 8 u.s.c. 1231 (for an alien incarcerated by a State or local govenunent, a 90-day "removal period" during wliich the federal government "shall" detain and tl'ien "slia}]" remove an alien from tlie u.s. "begins" no }ater tlian "the date the alien is released from... confinement"; also, the federal goveinment is expressly autliorized to make payments to a "State or a politica} subdivision of the State... witli respect to tlie incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (tlie federal govemment "shall take into custody" certain criminal aliens "when tlie alien is rt4eased"); and 8 u.s.c. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felonsl in Federal and State prisons" and programs underway "to ensure tlie prompt removal" from tlie U.S. of removable "criininal aliens")-within tlie funded program or activity, no State or local govemment entity, -agency, or -official (including a govenunent-contracted conectional facility) may interfere with tlie "reinova}" process by failing to provide-as early as practicable (see para. 4.C. below)-advance notice to DHS of the sclieduled release date and time f'or a particular alien, if a State or local government (or governmentcontracted) correctional facility receives from DHS a formal written request prirsuant to the INA tliat seeks sucli advance notice.
2. Monitoring
Tlie recipient's monitoring responsibilities include monitoring of subrecipient compliance witli this condition.
3. Allowable costs
To the extent that sucli costs are not reimbursed under any otlier federal prograin, award funds may be obiigated for t)ie reasonable, necessai'y, and allocable costs (if any) of actions (e.g., training) designed to ensure coinpliance witli this condition.
4. Rules of constructton
A. Not)iing in tliis condition shal} be understood to authorize or reqriire any recipienI any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individua} in cristody beyond tlie date and time the individual otlierwise would have been released.
B. Applicability
(l) Current DHS practice is ordinarily to request advance notice of sclieduled release "as early as practicable (at }east 48 l'iours, if possible)." (See DHS Fomi I-247A (3/17)). If (e.g., in }iglit of the date DHS made sucli request) the scheduled release date and time for an alien are sricli as not to allow for tlie advance notice tliat DHS lias requested, it sliall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use tlie same fonn for a second, distinct purpose-to request tliat an individual be detained ror up to 48 liours AFTER the sclieduled release. This condition does NOT encompass sucli DHS requests for detention.
C. Both tlie "Rules of Construction" and the "Important Note" set out in the "Noninterference (witliin tlie funded "program or activity") wit)i federa} law enforceinent: Interrogation of certain aliens" award condition are incoi'porated by reference as tliough set fortli l'iere in full.
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38. No use of funds to interfere with federa} }aw enforcement: Notice of scheduled release SCOPE. Tliis condition applies as of the date the recipient accepts tlie award, and tliroughout the remainder of the period of performance. Its provisions must be among tliose included in any subaward at any tier.
1. No use of f+inds to interfere with "removal" process: Notice of scheduled release date and time Consonant witli federal }aw enforcement statutes-including 8 u.s.c. 1231 (for an alien incarcerated by a State or }ocal government, a 90-day "reinoval period" during wliich the federal govemment "shall" detain and tlien "shall" remove an alien from the u.s. "begins" no later tl'ian "tl'ie date the alien IS released from... confineinent"; also, tlie federal govemment is expressly autl'iorized to make payments to a "State or a political subdivision of tlie State... with respect to the incarceration of [an] undotannented criminal alien"); 8 u.s.c. 1226 (tlie federal goveinment "shall take into custody" certain criminal aliens "wlien llie alien is released"); and 8 u.s.c. 1366 (requiring an annual report to Congress on "the number of illegal alien[ felons] in Federal and State pnsons" and programs underway "to ensure the prompt removal" from tlie U.S. of removable "criminal aliens")-no State or loca} government entity, -agency, or - official (including a government-contracted correctional facility) inay use funds under this award to interfere witli the "removal" process by failing to provide-as early as practicable (see para. 4.C. be]ow)-advance notice to DHS of' the scliedu)ed release date and tiine for a particular alien, if a State or loca} government (or government-contracted) correctional facility receives from DHS a forma} written request pursuant to tlie INA that seeks sucli advance notice.
2. Monitoring
Tlie recipient's monitoring responsibilities include monitoring of subrecipient compliance witli tliis condition.
3. Allowable costs
To the extent t)iat sucli costs are not reimbnirsed rindei' any otlier federal program, award funds may be obligated for tlie reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with tliis condition.
4. Rules of construction
A. NOtlling Ill thlS COnditiOn Sllali be understood tO authorize Or require any recipient, ally subrecipient at any tier, an'y State or local goveniment, or any otlier entity oi' individual to maintain (or detain) any individua} in custody beyond the date and tiine t)ie individual otlierwise would liave been released.
B. Applicability
(1) Current DHS practice is ordinai'ily to request advance notice of scheduled release "as early as practicable (at least 48 liours, if possible)." (See DHS Form I-247A (3/17)). If (e.g., in liglit of the date DHS made such request) t)ie sclieduled re4ease date and time for an alien are sucli as not to allow for the advance notice tliat DI-IS has requested, it shal} NOT be a violation of tliis condition to provide only as mucli advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose-to request that an individua} be detained for rip to 48 hours AFTER tlie sclieduled release. Tliis condition does NOT encompass sucl'i DHS requests for detention.
C. Both the "Rules of Construction" and tlie "Important Note" set out in tlie "No use of funds to interfere with federal law enforceinent: Interrogation of' ceilain aliens" award condition are incorporated by reference as tliougli set forth liere in full.
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39. Noninterference (witliin tlie funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. Tliis condition applies witli respect to the "program or activity" funded (wholly or partly) by this award, as of the date the recipient accepts tlie award, and tlirougliout the rest of tlie award period of performance. Its provisions inust be among tliose included in any subaward (at any tier).
1. Noninterference witli stahitory law enforceinent access to correctional facilities Consonant with federa} law enforcement statutes and regulations-including 8 USC 1357(a), under wliicli certain federal officers and einp}oyees "liave power without wanant... to intenogate any alien or person believed to be an alien as to his right to be or to remain" in tlie u.s., and 8 CFR 287.5(a), under whicli that power inay be exercised "anywliere in or outside" the U.S.-witl'iin tlie funded program or activity, no State or }ocal government entity, -agency, or - of'ficia) may interfere wit)i the exercise of tliat power to interrogate "witliout wanant" (by agents of tlie United States acting under color of federa} law) by impeding access to any State or local govemment (or government-contracted) conectional facility by such agents for tlie purpose of "interrogateing] any alien or person believed to be an alien as to liis [or her] riglit to be or to remain in the United States."
2. Monitoring
Tlie recipient's monitoring responsibilities include monitoring of subrecipient compliance witli flus condition.
3. Allowable costs
To t)ie extent that sucli costs are not reimbursed under any otlier federal program, award funds may be obligated for tlie reasonable, necessaiy, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance witli tliis condition.
4. Rules of constniction
A. For prirposes of tliis condition:
(1) Tlie tenn "alien" means wliat it means under sec. 101 of tlie Iminigration and Nationality Act (INA) (8 USC 1101(a%3)), except that, witli respect to a juvenile offender, it ineans "criminal alien." (2) The term 'Juvenile offender" means wliat it means under 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "criminal alien" means, witli respect to a juvenile offender, an alien who is deportable on tlie basis of- (a) conviction described in 8 USC 1227(a)(2), or
(b) conduct described in 8 USC 1227(a)(4).
(4) The lenn "conviction" means wl'iat it means under 8 USC 1101(a%48). (Adjudication of a juvenile as iiaving coinmitted an offense does not constitute "conviction" for prirposes of this condition.) (5) The terin "coi'rectiona} facility" means wliat it means under 34 USC 10251(a)(7)) as of January 1, 2020. (6) Tlie lenn "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, tliat-
(a) is designed to prevent or to significantly delay or complicate, or (b) has tlie effect of preventing or of significantly delaying or coinp}icating.
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(7) "State" and "local goveriunent" include any agency or other entity thereof (including any public institution of higlier edrication), but not any Indian tribe.
(8) A "public" institution of liigher education is one tliat is owned, comrolled, or directly funded (in whole or in substantial part) by a State or }ocal government. (Sucli a public institution is considered to be a "government entity," and its of'ficials to be "govemment officials.")
(9) "Program or activity" means what it means under 42 USC 2000d-4a.
B. Notliing in tliis condition sliall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local governinent, any public institution of l'iiglier education, or any ot)ier entity (or individual) to violate any federal }aw, inc}uding any applicable civil riglits or nondiscrimination }aw.
IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
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40. No use of funds to interfere witli federal law enforcement: Intenogation of certain aliens SCOPE. Tliis condition applies as of tlie date tlie recipient accepts this award, and tlirougliout tlie remainder of tlie period of performance for the award. Its provisions must be among tliose included in any subaward (at any tier). ]. No use of fimds to interfere witli statutory law enforceinent access to correctional facilities Consonant witli federal }aw enforceinent statutes and regulations-including 8 USC 1357(a), under wliicli certain federal officers and employees "liave power witliout warrant... to intenogate any alien or person believed to be an alien as to liis right to be or to remain in tlie United States," and 8 CFR 287.5(a), under wliicli tliat power inay be exercised "anywl'iere in or outside tlie United States"-no State or local govenunent entity, -agency, or -official inay use funds under tliis award to interfere witli tlie exercise of tliat power to intenogate "witliout warrant" (by agents of tlie United States acting under color of federal }aw) by impeding acccss to any State or local government (or governmentcontracted) correctional facility by such agents for the purpose of "intenogat[ingl any alien or person believed to be an alien as to liis [or her] right to be or to reinain in tlie United States."
2. Monitoring
Tlie recipient's monitoring responsibilities include monitoring of subrecipient compliance witli tliis condition.
3. Allowable costs
To the extent that sucli costs are not reimbursed rmder any other federal program, award funds may be obligated for tlie reasonable, necessary, and allocable costs (if any) of actions (e.g., traming) designed to ensure compliance witli tlns condition.
4. Rules of constniction
A. For purposes of tliis condition:
(l) Tlie tenn "alien" means wliat it means under section 101 of the Immigration and Nationality Act (INA) (8 USC 1101(a)(3)), except tliat, witli respect to a juvenile offender, it means "criminal alien." (2) The term "juvenile offender" means wliat it means undei' 28 CFR 31.304(f) (as in effect on Jan. 1, 2020). (3) The term "crimma) alien" ineans, witli respect to a juvenile offender, an alien wl'io is deportable on tlie basis of- (a) conviction described in 8 USC 1227(a%2), or
(b) conduct described in 8 USC 1227(a%4).
(4) Tlie term "conviction" means wliat it ineans under 8 USC 110 1(a%48). (Adjudication of a juvenile as having coinmitted an offense does not constitute "conviction" for purposes of tliis condition.) (5) Tlie term "coneclional facility" means wliat it means under tlie title I of tlie Onmibus Crime Control and Safe Streets Act of 1968 (34 USC 10251(a)(7)).
(6) T)ie term "iinpede" includes taking or continuing any action, or implementing or maintaining any }aw, policy, rule, or practice, that-
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(b) lias tlie effect of preventing or of sigr+ificantly delaying or complicating. (7) "State" and 'Jocal govenunent" include any agency or otlier entity tl'iereof (int.luding any public institution of liiglier education), but not any Indian ti-ibe.
(8) A "public" institution of liiglier education is defined as one that is owned, controlled, or directly fimded (in whole or in substantial part) by a State or local govemment. (Sucli a public institution is considered to be a "governinem entity," and its officials to be "government officials.")
(9) "Program or activity" means wliat it means under 42 USC 2000d-4a.
B. Notliing in this condition shall be understood to autl'iorize or require any recipient, any subrecipient at any tier, any State or local govem+nent, any priblic institution of liigher education, or any otlier entity (or individual) to violate any federa) law, mcluding any applicable civil rtglits or nondiscrimination law.
IMPORTANT NOTE: Any questions about the meaning or scope of tliis condition should be directed to OJP, before award acceptance.
41. Reqriirement to collect certain information from subrecipients Except as provided in this condition, tlie recipient may not make a subaward to a State, a local government, or a "public" institution of liiglier education, unless it first obtains froin tlie proposed subrecipient responses to the questions identified in the progi'am solicitation as "Information regarding Coiiununication with tlie Deparhnent of Homeland Security (DHS) and/or Iinmigration and Customs Enforcement (ICE)." Al} subrecipient responses must be collected and maintained by the recipient, consistent witli document retention requireinents, and must be made available to DOJ upon reqriest. Responses to these questions are not reqriired from subrecipients tliat are eitlier a tribal government/organization, a nonprofit organization, or a private institution of liiglier education.
42. Cooperating with OJP Monitoring
Tlie recipient agrees to cooperate witli OJP monitoring of tliis award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate witli OJP (including tlie grant manager for this award and tlie Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. Tlie recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Furtlier, the recipient agrces to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions tliat affect tlie recipient's DOJ awards, including, but not limited to: withho}dings and/or otlier restrictions on the recipient's access to award funds; referral to tlie DOJ OIG for audit review; designation of tlie recipient as a DOJ High Risk grantee; or tennination of an award(s).
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43. FFATA reporting: Subawards and executive compensation Tlie reciliient inust comply witli applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and tota} compensation of tlie five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. Tlie details of recipient obligations, whicli derive from tlie Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at )ittps://ojp.gov/funding/Explore/FFATA.litm (Award condition: Reporting Subawards and Executive Coi'npensation), and are incorporated by reference here Tlns condition, including its reporting requirement, does not apply to-(1) an award of }ess than $25,000, or (2) an award inade to an individual wlio received the award as a natura} person (i.e., unrelated to any business or non-profit organization tliat he or slie may own or operate in lns or lier name).
44. Required monitoring of subawards
The i'ecipient InuSt monitor SubawardS under tlliS aWam in accordance With aii appiicabie statutes, regulations, award conditions, and tlie DOJ Grants Fmancial Guide, and must include the applicab]e conditions of this award in any subaward. Aniong otlier things, tlie recipient is responsible for oversiglit of subrecipient spending and monitoring of specif'ic outcoines and benefits attributable to rise of award funds by subrecipients. The recipient agrees to submit, upon request, docuinentation of its policies and procedures for monitoring of subawards under this award.
45. Use of program income
Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance witli tlie provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on tlie quarterly Federal Financia} Report, SF 425.
46. Justice Information Sharing
Information sharing projects funded under tliis award inust coinply witli DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to tlie Global Standards Package (GSP) and all constituent elements, where applicable, as described at: littps://it.ojp.gov/ gsp_grantcondition.
The recipient (and any subrecipient at any tier) must docuinent planned approaclies to information sliaring and describe compliance witli the GSP and appropriate privacy policy that protects sliared infonnation, or provide detailed justification for why an alternative approacli is recommended.
47. Avoidance of duplication of networks
To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sl'iaring systems whicli involve interstate connectivity between jurisdictions, such systems shaH einploy, to the extent possible, existing networks as the communication backbone to acliieve interstate connectivity, unless the recipient can demonstrate to tlie satisfaction of BJA that tliis requirement would not be cost effective or worild impair tlie functionality of an existing or proposed IT system.
48. Compliance with 28 C.F.R. Part 23
Witli respect to any inforination teclmology system funded or supported by funds under this award, t)ie recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Crimina} InteHigence Systeins Operating Policies, if OJP determines tlns regulation to be applicable. Sliould OJP detei'inine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per tlie regulation. Sliould any violation of 28 C.F.R. Part 23 occur, tlie recipient may be fined as per 34 U.S.C. 10231(c)-(d). Tlie recipient may not satisfy such a fine with federal funds.
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49. Protection of human researcli subjects
The recipient (and any subrecipient at any tier) must coinply witli the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent.
50. Confidentiality of data
Tlie recipient (and any subrecipient at any tier) must comply witli all confidentiality iequirements of 34 u.s.c. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revt.lation of data or information. Tlie recipient further agrees, as a condition of award approval, to submit a Privacy Certificate tliat IS in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23.
51. Verificationandupdatingofrecipientcontactinformation The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Autliorized Representative comact infoi'ination in GMS, including telep)'ione number and e-mail address. If any inforination is inconect or has changed, a Grant Adjustment Notice (GAN) rust be submitted via tlie Grants Management System (GMS) to document clianges.
52. Law enforcement task forces - reqriired training
Witliin 120 days of award acceptance, eacl'i cunent member of a law enforcement task force funded witli award funds wlio is a task force cominander, agency executive, task force officer, or other task force member of equivalent rank, must coinplete required online (intemet-based) task force training. Additiona}}y, all future task force members must complete tl'iis training once during tlie period of performance for this award, or once evei-y four years if multiple OJP awards include tliis reqriirement.
Tlie required trainmg is available free of charge online tlirougl'i the BJA-funded Center for Task Force Integrity and Leadership (virww.ctfli.org). Tlie training addresses task force effectiveness, as well as otlier key issues including privacy and civil liberties/rights, task force lierformance measurement, personnel selection, and task force oversight and accorintability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates.
Additional information regarding the training is available throug)i BJA's web site and tlie Center for Task Force Integrity and Leadership (www.ctfli.org).
53. Justification of consultant rate
Approva} of tliis award does not indicate approva} of any consultant rate in excess of $650 per day. A detailed justification must be subinitted to and approved by the OJP program office prior to obligation or expenditure of sucli funds.
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54. Submission of eligible records relevant to tlie National Instant Background Clieck System Consonant witli federal statutes tliat pertain to firearms and background checks-including 18 u.s.c. 922 and 34 u.s.c. ch. 409-if tlie recipient (or any subrecipient at any tier) uses tliis award to fund (in whole or in part) a specific project or program (sucli as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or otlier records tliat are "eligible records" (under federal or State law) relevant to the Nationa} Instant Background Clieck System (NICS), or tliat lias as one of its purposes tlie establisliment or improvement of records systems tliat contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to tlie NICS, the recipient (or subrecipient, if applicable) must ensure tliat aH such court dispositions, information, or other records tliat are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to tlie "State" repositoi'y/database that is electronicaHy available to (and accessed by) tlie NICS, and-wlien appropriate-promptly must update, conect, inodify, or remove such NICSrelevant "eligible records".
In tlie event of minor and transitory non-compiiance, tlie recipient may submit evidence to demonstrate diligent monitoring of compliance with tliis condition (including subrecipient compliance). DOJ will give great weight to any sucli evidence in any express written determination regarding this condition.
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55. Compliance witli National Environinenta) Policy Act and related stahites Upon requesI the recipient (and any subrecipient at any tier) must assist BJA in complying witli tlie National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by tlie recipient or by a subrecipient.
Accordingly, the recipient agrees to first determine if any of the following actiyities will be funded by the grant, prior to obligating funds for any of tliese purposes. If it is determined that any of the following activities will be funded by tlie award, the reciliient agrees to contact BJA.
Tlie recipient understands that this condition applies to new activities as set out below, whetl'ier or not tliey are being specifically funded with tliese award funds. That is, as }ong as tlie activity is being conducted by tlie recipient, a subrecipient, or any tliird party, and tlie activity needs to be undertaken in order to use these award fiinds, tliis condition must first be inet. The activities covered by tliis condition are:
a. New construction;
b. Minor renovation or reinodeling of a property located in an environmentally or historically sensitive area, including properties located witlun a l 00-year flood plain, a wetland, or liabitat for endangered species, or a property listed on or eligible for listing on tlie National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will eitlier (a) result in a change in its basic prior use or (b) significantly change its size;
d. Imp}einentation of a new progi'ain involving the use of c)iemicals other than chemicals tliat are (a) purcliased as an incidemal component of a funded activity and (b) traditionally used, for example, in office, liorisehold, recreational or education enviroi'unents; and
e. Impleinentation of a program relating to clandestine metliamplietamine laboratory operations, including t)ie identification, seizure, or closure of clandestine met)iamplietamine laboratories.
Tl'ie recipient understands and agrees tliat complying with NEPA may require the preparation of an Environmental Assessinent and/or an Environmenta} Iinpact Statement, as directed by BJA. The recipient further understands and agrees to the requireinents for iinpleinentation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.litml, for programs relating to metliamplietamine laboratory operations.
Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activtties tliat will be funded by tliese award funds, the recipient, upon specific request froin BJA, agrees to cooperate witli BJA in any preparation by BJA of a national or program environmenta} assessment of tliat funded program or activity.
56. Establisliment of trust fund
If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to eslablisli a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). Tlie trust fiind, including any interest, may not be rised to pay debts or expenses incurred by otlier activities beyond the scope of tlie Edward Byme Meinoria} Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award fiinds in the trust fund (including any interest earned) during the lieriod of perfomiance for tlie award and expend wit)iin 90 days tliereafter. Any unob)igated or unexpended funds, including interest earned, must be retui'ned to OJP at tlie time of closeout.
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57. Prohibition on use of award funds for matcli under BVP program JAG funds inay not be used as tlie 50% matcli for purposes of the DOJ Bulletproof Vest Partnership (BVP) program.
58. Certification of body armor "mandatory wear" policies If recipient uses funds under tliis award to purcliase body annor, tlie recipient must submit a signed certification that law enforcement agencies receiving body armor purchased with funds from tliis award liave a written "mandatory wear" policy in effect. Tlie recipient must keep signed certifications on file for any subrecipients planning to utilize funds from tliis award for ballistic-resistant and stab-resistant body amior purchases. Tliis policy must be in place for at least al) uniformed officers before any funds fi'om this award may be used by an agency for body annor. Tliere are no requirements regarding l)ie nature of the policy other than it be a mandatory wear policy for al} uniformed officers wl'iile on duty.
59. Body armor - coinp}iance witli NU standards and otlier requirements Bal}istic-resistant and stab-resistant body armor prircliased with JAG award funds may be purcliased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor }ias been tested and found to comply with applicable National Institute of Justice ba}listic or stab standards and is listed on tlie NU Compliant Body Armor Model List 0ittps://nij.gov/topics/teclmology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, baHistic-resistant and stab-resistant body annor purchased must be made in tlie United States and must be uniqriely fitted, as set fortb in 34 u.s.c. 10202(c)(1)(A). The latest NU standard information can be found here: littps:/ / nij.gov/ topics/ teclmology/ body-annor/ pages/ safety-initiative.aspx.
60. Body armor - impact on eligibility for otlier program funds T)ie recipient understands tliat tlie use of funds under tliis award for liurchase of body an'nor may impact eligibility for funding under the Bulletproof Vest Partnerslnp (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5).
61. Reporting requirements
The recipient must submit quarteriy Federa} Financial Reports (SF-425) and semi-annua} performance reports througl'i OJP's GMS (https://grants.ojp.usdoj.gov). Consistent witli tlie Deparhnent's responsibilities under the Govemment Perfomiance and Results Act (GPR_A) and the GPRA Moden'iization Act of 2010, t)ie recipient must provide data tliat measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (htips://bjapmt.ojp.gov/). For more detailed information 011 reporting and otlier JAG requirements, refer to tlie JAG reporting requirements webpage. Failure to submit required JAG reports by establislied deadlines may result in tlie freezing of grant funds and future Hig)i Rislc designation.
62. Required data on law enforceinent agency h'aining
Any law enforcement agency receiving direct or srib-awarded funding from this JAG award inusl submit quarterly accountability metrics data related to training that officers liave received on t)ie use of force, racia} and etlmic bias, deescalation of conflict, and constructive engagement witli tlie public.
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63. Expenditures proliibited without waiver
No funds under this award may be expended on tlie purchase of items proliibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies tliat exti'aordinary and exigent circuinstances exist, making sucli expenditures essentia} to the maintenance of public safety and good order.
64. JAG FY 2020 - Autlionzation to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 [BJA]
Autliorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2019 Tlie recipient inay obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of tlie first day of tlie period of performance for tlie award (October 1, 2019), however, tlie recipient inay choose to incur project costs using non-federa} funds, but any such project costs are incurred at the recipient's risk until, at a ininimum-(1) the recipient makes a valid acceptance of tlie award, and (2) a}} applicable witliho}ding conditions are removed by OJP (via a Grant Adjushnent Notice). (A withholding condition is a condition in tlie award document that precludes tlie recipient from ob}igating, expending, or drawing down all or a portion of the award funds until tlie condition is removed.)
Except to tlie extent (if any) tliat an award condition expressly precludes reimbrirsement of project costs incurred "atrisk," if and wlien tlie recipient makes a valid acceptance of this award and OJP reinoves eacli applicable witliliolding condition through a Grant Adjushnent Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incuned "at-risk" earlier during the period of performance (sucli as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otlierwise are allowable costs under tlie award.
65. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resu}tmg eligible DNA profiles must be uploaded to tlie Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a govemment DNA laboratory witli access to CODIS.
No profiles generated under this award may be entered or uploaded into any non-govemmental DNA database witliout prior express written approval from BJA.
Award funds inay not be used for tlie purchase of DNA equipment and supplies unless tlie resulting DNA profiles may be accepted for entry into CODIS.
66 Encouragement of submission of "success stories"
BJA strongly encourages tlie recipient to sribmit annua} (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at l'ittps:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of tl'ie available areas on the My BJA page will be "My Success Stories." Witliin tliis box, t)iere is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on tlie BJA Success Story web page at )ittps://www.bja.gov/ SuccessStoiyList.aspx.
OJP FORM 4000/2 (REV 4-88)
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 124 of 265 4 Departinent of Justice (DOJ)
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AWARD CONTINUATION
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Grant
PAGE 32 0F 32
PROJECTNtJMBER 2020-DJ-BX-0476 AWARDDATE 09/18/2020
SPECIAL CONDITIONS
67. Witliholdingoffunds: MemorandumofUnderstanding
Tl'ie recipient may not obligate, expend, or draw down any award funds until OJP has reviewed and approved the Memoranduin of Understanding (MOU), and a Grant Adjustment Notice (GAN) lias been issued to remove tliis condition.
68. Withliolding of funds: NIBRS set-aside
Tlie recipient inay not obligate, expend, or draw down any award funds until the recipient submits, and BJA reviews and accepts, a budget tliat clearly dedicates at }east 3 percent of the total amount of the award to NIBRS compliance activities or documentation sliowing that the recipient has been certified as NIBRS compliant, and a Grant Adjustment Notice (GAN) lias been issued to remove this condition.
69. Witlilioldmg of funds: NIBRS set-aside in Disparate jurisdictions Tlie recipient inay not obligate, expend, or draw down any award funds unti} the recipient submits, and BJA reviews and accepts, documentation of compliance with tlie required NIBRS 3 percent set-aside by tlie recipient and each disparate subrecipient, and a Grant Adjushnent Notice (GAN) lias been issued to remove this condition. For each jurisdiction, includmg the recipient and disparate subrecipients, sucli documentation may be eitber (1) a budget tliat clearly docuinents tliat tlie jurisdiction lias dedicated at least 3 percent of the total amount of tlieir allocation to NIBRS compliance activities, or (2) documentation sliowmg tliat tlie jurisdiction lias been certified as NIBRS compliant.
70. Recipient integi'ity and perfoi'mance matters: Requirement to report infonnation on certain civil, critninal, and administ'rative proceedings to SAM and FAPIIS
The recipient must comply witli any and all applicable requireinents regarding reporting of information on civil criminal, and adininistrative proceedings connected with (or connected to tlie performance of) either this OJP award or any other grant, cooperative agreement, or procurement contract from tlie f'ederal govemment. Under certain circumstances, recipients of OJP awards are required to report information about sucli proceedings, through tlie federal System for Award Manageinent (laiown as "SAM"), to tlie designated federal integrity and performance system (currently, "FAPIIS").
Tlie details of recipient obligations regarding tlie required reporting (and updating) of information on certain civil, criminal, and administrative proceedings to the federal designated integrity and performance system (tairrently, "FAPIIS") witliin SAM are posted on tlie OJP web site at https://ojp.gov/funding/FAPIIS.hhn (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by reference liere.
OJP FORM 4000/2 (REV 4-88)
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 125 of 265 San Bernardino County
,Jf'% 385NO"hA"OWheadAVenue San Bernardino. CA 92415-0123 Grant
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PAGE 1 0F 1
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RECIPIENT NAME AND ADDRESS (lncluding Zip Code)
San Bernardino County
385 North Arrowhead Avenue
San Bernardino, CA 92415-0123
AWARDNUMBER: 2020-DJ-BX-0476
PROIECTPERIOD: FROM 10/01/2019 TO 09/30/2023
BUDGETPERIOD: FROM 10/01/2019 TO 09/30/2023
GRANTEE IRS/VENDOR NO.
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AWARDDATE 09/18/2020
PREVIOUSAWARDAMOUNT So
GRANTEE DUNS NO.
136763120
AMOUNT OF THIS AWARD S602,729
PROIECTTITIE
FY 20 Local JAG Program TOTALAWARD S602,729
SUPPLEMENT AL ST ATEMENT
On April 22, 2021, DOI iSSued revised guidance regarding COnditiOnS On certain Department GRANTS. Consistent with Executive Order 13993, an April 14, 2021 Attorney General memorandum, and relevant grant-making statutes, DOI informed grant recipients and applicants that they will continue receiving certain Department grants without making certifications related to 8 u.s.c. % 1373 (communication between government agencies and the Immigration and Naturalization ServiCe) and associated matters aS a precondition, and that DOI Will cease giving priority consideration tO grant applicants that accept conditions similar to those requirements. Special Conditions relating to 8 u.s.c. § 1373 therefore have been stricken from the 2020 Grant Agreement and Sub-award Grant Agreements. San Bernardino County's acceptance of the award for 2020 does not constitute acceptance of the immigration enforcement requirements, including but net limited tO PARAGRAPHS 31-41 0f the 2020 Grant AWard Agreement. r_'.a---'a==.::.=:.=yggm;_:_r'_"''-__-'-'-_""=x'- - -'-""'-- 2:7. .;"":.'x'Anl!7g:'.!BJKIK'4WAaN;J;8!J!!!i:'--"-" ""'i-:a:ai=_a____-":7:', TYPED N AME AN D TITLE OF CHIEF EXECUTIVE ThvvJ84Rvcoxornieor"chuenccocoman -SaoB
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Grant Award/Sub-Award Process
When the Law and Justice Group (L&JG) has been notified that it has been awarded a grant, a Board Agenda Item to accept the grant will be prepared and submitted to the Board of Supervisors (BOS) for approval. Where there is a sub-award to be granted, a Sub-Award Agreement will be prepared by the L&JG (recipient) and approved by the BOS and the subrecipient. The appropriate officials will sign the sub-award documents. The Sub-Award Agreement will identify the federal award information and applicable compliance requirements, including applicable special conditions for each federal sub-award.
The Sub-Award Agreement will include the Grant Award Number, Award Date, Catalog of Federal Domestic Assistance (CFDA) number, Project Title, Project Period, Award Amount, and all applicable Special Conditions for the sub-award. The L&JG's Subrecipient Monitoring Procedures will be included in the Sub-Award Agreement.
Grant Revenue
When notified that a grant award has been made, the Grant Coordinator requests a budget code for the grant award from the Auditor-Controller/Treasurer/Tax Collector (ATC), and submits appropriate budget documentsfortheBoardofSupervisorsapproval. Oncethebudgetisestablished,theGrantCoordinator requests a drawdown of grant funds and deposits the funds into the applicable special revenue fund.
Timeframes for the drawdown requests will be accomplished in accordance with award requirements specified by the awarding agency. The Grant Coordinator maintains a record of revenues requested and received and reconciles the account.
Disbursement of Funds to Subrecipients
When disbursing sub-award funds to subrecipients, the Grant Coordinator will prepare the appropriate payment document. The payment document is reviewed and approved by the Chair of the L&JG. The ATC processes payments and disbursement offunds.
To notify subrecipients of the federal award number, CFDA number, and the amount of federal funds at the time of the disbursement of funds, the following steps will be followed:
* The payment documents will reference the federal award number, CDFA number, and the amount of federal funds.
* Correspondencewillbesenttosubrecipientsatthetimeofdisbursementidentifyingthepayment and detailing the required federal information.
Subrecipient Monitorin@ Requirement
Sub-awards will be monitored in accordance with all applicable statutes, regulations, the Uniform Grant Guidance, OMB Circulars, and guidelines, including the Office of Justice Programs Financial Guide. The recipientwillincludetheapplicableconditionsofthisawardinanysub-award. Therecipientisresponsible for the following:
Pace 34
MONTCLAIR CITY COUNCIL MEETING – 05/16/2022 Page 127 of 265 * Ensure that every sub-award is clearly identified to the subrecipient as a sub-award and includes applicable conditions of the federal award.
Evaluate each subrecipient's risk of noncompliance with federal statutes, regulations and the terms and conditions of the sub-award for purposes of determining the appropriate subrecipient monitoring procedures.
Oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to the use of funds.
* Review financial and performance reports.
Follow-up and ensure that subrecipients take timely and appropriate action on all deficiencies pertaining to the federal award provided to the subrecipient from the pass-through entity detected through audits, on-site monitoring visits, and other means. * Issue a management decision for audit findings pertaining to the federal award provided to the subrecipient from the pass-through entity as required by 2 CFR 200.521 Management Decision. * Verify that every subrecipient who is expected to expend 5750,000 or more is audited as required by 2 CFR 200 Subpart F Audit Requirements.
* Consider whether the results of the subrecipient"s audits, on-site monitoring visits or other monitoring indicate conditions that necessitate adjustments to the pass-through entity's own records.
Consider taking enforcement against noncompliant subrecipients as described in 2 CFR 200.338 Remedies.
Subrecipient Monitoring Process
On-site monitoring of grant-funded projects may be conducted by the u.s. Department of Justice or the County of San Bernardino. At that time, the identified subrecipient agency will be required to provide documentation supporting expenditures, and/or a physical review of items funded through the grant may be requested.
To ensure full compliance with this legislative mandate, all grant related documentation to include timesheets, invoices, purchase orders, canceled checks, and contracts must be maintained in a location accessible to the person responsible for managing the sub-award, and the agency's chief executive.
If it is determined funds are not being used for approved purposes, or if proper documentation is not maintained, the amountin question must be returned to the u.s. Department ofJustice. The subrecipient agency may also be deemed ineligible for future federal funding.
On-Site Monitoring
The County of San Bernardino L&JG may conduct on-site monitoring. The monitoring will be based upon performance and reported expenditure of funds. The monitoring will be based upon performance, trackedthroughreportsandregularcorrespondence. Thismethodwillensurethesubrecipientingreatest need for assistance in managing their award is provided the necessary tools to be in full compliance with u.s. Department of Justice requirements.
If selected for monitoring, the subrecipient will be notified at least 20 days prior to the monitoring. The staff person responsible for managing the sub-award, the staff person assigned to managing fiscal operations, the chief executive of the subrecipient agency, and any other applicable persons directly involved in the oversight of grant funds will be asked to attend. Appropriate documentation will also be requested for review. During the monitoring, the following items will be reviewed and/or discussed: