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1. Federal Award No.
693JJ32540345
2. Effective Date
See No. 16 Below
3. Assistance
Listings No.
20.939
4. Award To
City of Moreno Valley
14177 Frederick Street
Moreno Valley, California 92553
Unique Entity Id.: LJ4AVJ6C8NW5
TIN No.: 33-0076484
5. Sponsoring Office
U.S. Department of Transportation
Federal Highway Administration
Office of Safety
1200 New Jersey Avenue, SE
HSSA-1, Mail Drop E71-117
Washington, DC 20590
6. Period of Performance
Effective Date of Award – December 31, 2027
7. Total Amount
Federal Share:
Recipient Share:
Other Federal Funds:
Other Funds:
Total:
$280,000.00
$0
$0
$70,000.00
$350,000.00
8. Type of Agreement
Grant
9. Authority
Section 24112 of the Infrastructure Investment
and Jobs Act (Pub. L. 117–58, November 15,
2021; also referred to as the “Bipartisan
Infrastructure Law” or “BIL”)
10. Procurement Request No.
HSA240719PR
11. Federal Funds Obligated
$280,000.00
12. Submit Payment Requests To
See Article 5.
14. Description of the Project
Improve the safety & reduce collisions at the City’s signalized intersections.
13. Accounting and Appropriations Data
15X0174E50.0000.055SR30500.5592000000.4
1010.61006600
RECIPIENT
15. Signature of Person Authorized to Sign
___________________________________
Signature Date Name: Melissa Walker
Title: Public Works Director/City Engineer
FEDERAL HIGHWAY ADMINISTRATION
16. Signature of Agreement Officer
______________________________________
Signature Date Name: Hector R. Santamaria
Title: Agreement Officer
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U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2024 SAFE STREETS AND ROADS FOR ALL GRANT PROGRAM
This agreement is between the United States Department of Transportation’s (the “USDOT”) Federal Highway Administration (the “FHWA”) and the City of Moreno Valley (the “Recipient”).
This agreement reflects the selection of the Recipient to receive a Safe Streets and Roads for All (“SS4A”) Grant for the Moreno Valley Citywide Traffic Signal Safety Improvement Plan.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS
1.1 General Terms and Conditions.
(a) In this agreement, “General Terms and Conditions” means the content of the document titled “General Terms and Conditions Under the Fiscal Year 2024 Safe Streets and Roads for All (“SS4A”) Grant Program,”, which is available at https://www.transportation.gov/grants/ss4a/grant-agreements under “Fiscal Year 2024.” Articles 7–30 are in the General Terms and Conditions. The General Terms and Conditions are part of this agreement.
(b) The Recipient acknowledges that it has knowledge of the General Terms and Conditions. Recipient also states that it is required to comply with all applicable Federal laws and regulations including, but not limited to, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR part 200); National Environmental Policy Act (NEPA) (42 U.S.C. § 4321 et seq.); and Build America, Buy America Act (BIL, div. G §§ 70901-27). (c) The Recipient acknowledges that the General Terms and Conditions impose obligations on the Recipient and that the Recipient’s non-compliance with the General Terms and Conditions may result in remedial action, termination of the SS4A Grant, disallowing costs incurred for the Project, requiring the Recipient to refund to the FHWA the SS4A Grant, and reporting the non-compliance in the Federal-government- wide integrity and performance system.
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ARTICLE 2
APPLICATION, PROJECT, AND AWARD
2.1 Application.
Application Title: Moreno Valley Citywide Traffic Signal Safety Improvement Plan Application Date: 03/28/2024
2.2 Award Amount.
SS4A Grant Amount: $280,000.00
2.3 Federal Obligation Information.
Federal Obligation Type: Single
2.4 Budget Period.
Budget Period: See Block 6 of Page 1
2.5 Grant Designation.
Designation: Planning and Demonstration
ARTICLE 3
SUMMARY PROJECT INFORMATION
3.1 Summary of Project’s Statement of Work.
The City of Moreno Valley (City) has approximately 197 citywide signalized intersections. There are various crash types that can occur at signalized intersections and proven strategies to reduce these various crash types. It is critical that the safety be improved at all the signalized intersections within the City of Moreno Valley and that each individual signalized intersection be studied and analyzed to recommend and apply the most appropriate and effective countermeasure(s) at each location. The City has never engaged in this sort of intersection specific study before therefore it is currently deficient in this area; the City is hoping to provide a solution to this deficiency.
The project will be completed in one phase.
3.2 Project’s Estimated Schedule.
Supplemental Planning Schedule
Milestone Schedule Date
Planned Final Plan Publicly Available
Date:
November 24, 2027
Planned SS4A Final Report Date: December 31, 2027
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3.3 Project’s Estimated Costs.
(a) Eligible Project Costs
Eligible Project Costs
SS4A Grant Amount: $280,000.00
Other Federal Funds: $0.00
State Funds: $0.00
Local Funds: $0.00
In-Kind Match: $0.00
Other Funds: $70,000.00
Total Eligible Project Cost: $350,000.00
(b) Indirect Costs
Indirect costs are allowable under this Agreement in accordance with 2 CFR part 200 and the Recipient’s approved Budget Application. In the event the Recipient’s indirect cost rate changes, the Recipient will notify FHWA of the planned adjustment and provide supporting documentation for such adjustment. This Indirect Cost provision does not operate to waive the limitations on Federal funding provided in this document. The Recipient’s indirect costs are allowable only insofar as they do not cause the Recipient to exceed the total obligated funding.
ARTICLE 4
CONTACT INFORMATION
4.1 Recipient Contact(s).
Guadalupe Cortes
Associate Engineer
City of Moreno Valley
14177 Frederick Street, Moreno Valley, CA 92553
(951) 413-3147
[email protected]
4.2 Recipient Key Personnel.
Name Title or Position
Wei Sun City Traffic Engineer
Guadalupe Cortes Associate Engineer
Natalia Lopez Financial Resources Division Manager
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4.3 USDOT Project Contact(s).
Safe Streets and Roads for All Program Manager
Federal Highway Administration
Office of Safety
HSSA-1, Mail Stop: E71-117
1200 New Jersey Avenue, S.E.
Washington, DC 20590
202-366-2822
[email protected]
and
Agreement Officer (AO)
Federal Highway Administration
Office of Acquisition and Grants Management
HCFA-42, Mail Stop E62-310
1200 New Jersey Avenue, S.E.
Washington, DC 20590
[email protected]
and
Division Administrator – Elissa Konove
Agreement Officer’s Representative (AOR)
Division Administrator
FHWA California Division Office
650 Capitol Mall, Ste. 4-100
Sacramento, CA 95814
916-498-5015
[email protected]
and
Mike Shami
California Division Office Lead Point of Contact
Discretionary Grant Manager
650 Capitol Mall, Suite 4-100, Sacramento, CA 95814
(916) 498-5853
[email protected]
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ARTICLE 5
USDOT ADMINISTRATIVE INFORMATION
5.1 Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization: FHWA Office of Acquisition and Grants Management
SUBAWARDS AND CONTRACTS APPROVAL
Note: See 2 CFR § 200.331, Subrecipient and contractor determinations, for definitions of subrecipient (who is awarded a subaward) versus contractor (who is awarded a contract).
Note: Recipients with a procurement system deemed approved and accepted by the Government or by the Agreement Officer (the “AO”) are exempt from the requirements of this clause. See 2 CFR 200.317 through 200.327.
In accordance with 2 CFR 200.308(f)(6), the recipient or subrecipient shall obtain prior written approval from the USDOT agreement officer for the subaward, if the subaward activities were not proposed in the application or approved in the Federal award. This provision is in accordance with 2 CFR 200.308 (f) (6) and does not apply to procurement transactions for goods and services. Approval will be issued through written notification from the AO or a formal amendment to the Agreement.
The following subawards and contracts are currently approved under the Agreement by the AO. This list does not include supplies, material, equipment, or general support services which are exempt from the pre-approval requirements of this clause.
5.2 Reimbursement Requests
(a) The Recipient may request reimbursement of costs incurred within the budget period of this agreement if those costs do not exceed the amount of funds obligated and are allowable under the applicable cost provisions of 2 C.F.R. Part 200, Subpart E. The Recipient shall not request reimbursement more frequently than monthly.
(b) The Recipient shall use the DELPHI iSupplier System to submit requests for reimbursement to the payment office. When requesting reimbursement of costs incurred or credit for cost share incurred, the Recipient shall electronically submit supporting cost detail with the SF-270 (Request for Advance or Reimbursement) or SF-271 (Outlay Report and Request for Reimbursement for Construction Programs) to clearly document all costs incurred.
(c) The Recipient’s supporting cost detail shall include a detailed breakout of all costs incurred, including direct labor, indirect costs, other direct costs, travel, etc., and the Recipient shall identify the Federal share and the Recipient’s share of costs. If the Recipient does not provide sufficient detail in a request for reimbursement, the Agreement Officer’s Representative (the “ AOR”) may withhold processing that request until the Recipient provides sufficient detail. (d) The USDOT shall not reimburse costs unless the AOR reviews and approves the costs to ensure that progress on this agreement is sufficient to substantiate payment. (e) In the rare instance the Recipient is unable to receive electronic funds transfers (EFT), payment by EFT would impose a hardship on the Recipient because of their inability to manage an account at a financial institution, and/or the Recipient is unable to use the DELPHI iSupplier System to submit their requests for disbursement, t he FHWA may waive the requirement that the Recipient use the
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DELPHI iSupplier System. The Recipient shall contact the Division Office Lead Point of Contact for instructions on and requirements related to pursuing a waiver. (f) The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for Recipients.
ARTICLE 6
SPECIAL GRANT TERMS
6.1 SS4A funds must be expended within five years after the grant agreement is executed and DOT obligates the funds, which is the budget period end date in section 10.3 of the Terms and Conditions and section 2.4 in this agreement.
6.2 The Recipient demonstrates compliance with civil rights obligations and nondiscrimination laws, including Titles VI of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and Section 504 of the Rehabilitation Act, and accompanying regulations. Recipients of Federal transportation funding will also be required to comply fully with regulations and guidance for the ADA, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and all other civil rights requirements.
6.3 SS4A Funds will be allocated to the Recipient and made available to the Recipient in accordance with FHWA procedures.
6.4 The Recipient of a Planning and Demonstration Grant acknowledges that the Supplemental Action Plan will be made publicly available and agrees that it will publish the final Supplemental Action Plan on a publicly available website.
6.5 The Government’s execution of this agreement does not in any way constitute pre-approval or waiver of any of the regulations imposed upon Recipient under the applicable Federal rules, regulations and laws regarding SS4A projects undertaken in accordance with the terms and conditions of this agreement. The Recipient shall comply with all applicable Federal requirements before incurring any costs under this agreement.
6.6 There are no other special grant requirements.
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ATTACHMENT A
PERFORMANCE MEASUREMENT INFORMATION
Study Area: Citywide
Table 1: Performance Measure Table
Measure Category and Description
Measurement
Frequency and
Reporting
Deadline
Equity
[for all Grants]
Percent of Funds to Underserved
Communities: Funding amount (of total
project amount) benefitting underserved
communities, as defined by USDOT
Within 120 days
after the end of the
period of
performance
Costs
[for all Grants]
Project Costs: Quantification of the cost
of each eligible project carried out using
the grant
Within 120 days
after the end of the
period of
performance
Lessons Learned and
Recommendations
[for all Grants]
Lessons Learned and Recommendations:
Description of lessons learned and any
recommendations relating to future
projects or strategies to prevent death and
serious injury on roads and streets.
Within 120 days
after the end of the
period of
performance
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ATTACHMENT B
CHANGES FROM APPLICATION
Describe all material differences between the scope, schedule, and budget described in the application and the scope, schedule, and budget described in Article 3. The purpose of Attachment B is to clearly and accurately document any differences in scope, schedule, and budget to establish the parties’ knowledge and acceptance of those differences. See Article 11 for the Statement of Work, Schedule, and Budget Changes. If there are no changes, please insert “N/A” after “Scope,” “Schedule,” or “Budget.” If there are changes to the budget, please complete the table below. Otherwise, leave the table below blank.
Scope: N/A
Schedule: N/A
Budget: N/A
The table below provides a summary comparison of the project budget.
Fund Source
Application Section 3.3
$ % $ %
Previously Incurred Costs
(Non-Eligible Project Costs)
Federal Funds
Non-Federal Funds
Total Previously Incurred Costs
Future Eligible Project Costs
SS4AFunds
Other Federal Funds
Non-Federal Funds
Total Future Eligible Project
Costs
Total Project Costs
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ATTACHMENT C
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1. Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with “X” in the following table align with the application:
A racial equity impact analysis has been completed for the Project. (Identify a report on that analysis or, if no report was produced, describe the analysis and its results in the supporting narrative below.)
X
The Recipient or a project partner has adopted an equity and inclusion program/plan or has otherwise instituted equity-focused policies related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall delivery and implementation of the Project. (Identify the relevant programs, plans, or policies in the supporting narrative below.)
The Project includes physical-barrier-mitigating land bridges, caps, lids, linear parks, and multimodal mobility investments that either redress past barriers to opportunity or that proactively create new connections and opportunities for underserved communities that are underserved by transportation. (Identify the relevant investments in the supporting narrative below.)
The Project includes new or improved walking, biking, and rolling access for individuals with disabilities, especially access that reverses the disproportional impacts of crashes on people of color and mitigates neighborhood bifurcation. (Identify the new or improved access in the supporting narrative below.)
The Project includes new or improved freight access to underserved communities to increase access to goods and job opportunities for those underserved communities. (Identify the new or improved access in the supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial equity and reduce barriers to opportunity, as described in the supporting narrative below.
The Recipient has not yet taken actions related to the Project to improve racial equity and reduce barriers to opportunity but intends to take relevant actions described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improve racial equity and reduce barriers to opportunity and will not take those actions under this award.
2. Supporting Narrative.
The City of Moreno Valley follows the California Law for all types of work it engages in. When it comes to equity focused policies, related to project procurement, material sourcing, construction, inspection, hiring, or other activities designed to ensure racial equity in the overall project delivery and implementation of the Project, California Law is followed. The following are specific codes in the California Law that the city follows: Title 2, Chapter 5 Miscellaneous [8000-8318]. These sections state that racial discrimination is not permitted. Furthermore, “As subrecipients of United States Department of Transportation (USDOT) funding, Local Public Agencies (LPAs) are required to comply with and enforce certain nondiscrimination requirements in the award and administration of USDOT assisted contracts and procurements. Additionally, when the city advertises the project on OpenGov or other bidding websites, for other grant entities, DBE (Disadvantaged Business Enterprise) consideration is required on all federal-aid contracts including non- A&E for consultant selection. There are a series of protocols that are followed to ensure DBEs are
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considered. Specific Exhibits must be filled out by the City of Moreno Valley and DBE goals met. These exhibits must be filled out and filed away in the project folder in the event of an audit. Both the auditing agency and the City of Moreno Valley take these audits very seriously, so the city makes sure that all steps for consultant and contractor selection are properly followed. Lastly, for projects that are federally funded, DBEs are encouraged to participate in consideration with 49 CFR 26, "Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs"). The Consultant must ensure that DBEs and other small businesses can participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The city must not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Forms must be filled out and attached to the agreement to ensure specific protocols were met.
Lastly, when it comes to project scope selection, the city always takes first into consideration city disadvantaged community areas (DACs) and areas within the city that need safety improvements due to high collision rates. The reason that the city first selects these areas is because the city knows that oftentimes community members in these areas do not always have access to motorized vehicular travel and the infrastructure is not always the safest nor the most complete due to the lack of funding. The city looks at various DAC tools such as CalEnvironmental4.0, SB535 Disadvantaged Communities, and Healthy Places Index (HPI), amongst others to ensure that the targeted project locations and projects scopes of work will especially benefit the more disadvantaged community tracts within the community.
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ATTACHMENT D
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with “X” in the following table align with the application:
X
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Equitable Development Plan that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study that results in lower greenhouse gas emissions. (Identify the plan in the supporting narrative below.)
The Recipient or a project partner used environmental justice tools, such as the EJScreen, to minimize adverse impacts of the Project on environmental justice communities. (Identify the tool(s) in the supporting narrative below.)
The Project supports a modal shift in freight or passenger movement to reduce emissions or reduce induced travel demand. (Describe that shift in the supporting narrative below.)
X
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions. (Describe those strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero-emission vehicle infrastructure, or both. (Describe the incorporated infrastructure in the supporting narrative below.)
The Project supports the installation of electric vehicle charging stations. (Describe that support in the supporting narrative below.) The Project promotes energy efficiency. (Describe how in the supporting narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the supporting narrative below.)
The Project improves disaster preparedness and resiliency (Describe how in the supporting narrative below.)
The Project avoids adverse environmental impacts to air or water quality, wetlands, and endangered species, such as through reduction in Clean Air Act criteria pollutants and greenhouse gases, improved stormwater management, or improved habitat connectivity. (Describe how in the supporting narrative below.)
The Project repairs existing dilapidated or idle infrastructure that is currently causing environmental harm. (Describe that infrastructure in the supporting narrative below.)
The Project supports or incorporates the construction of energy- and location- efficient buildings. (Describe how in the supporting narrative below.)
The Project includes recycling of materials, use of materials known to reduce or reverse carbon emissions, or both. (Describe the materials in the supporting narrative below.)
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The Recipient has taken other actions to consider climate change and environmental justice impacts of the Project, as described in the supporting narrative below.
The Recipient has not yet taken actions to consider climate change and environmental justice impacts of the Project but will take relevant actions described in the supporting narrative below.
The Recipient has not taken actions to consider climate change and environmental justice impacts of the Project and will not take those actions under this award.
2. Supporting Narrative.
The Project directly supports a Local/Regional/State Climate Action Plan that results in lower greenhouse gas emissions.
The City of Moreno Valley currently has its Climate Action Plan in place. This plan is designed to reinforce the City’s commitment to reducing greenhouse gas emissions and demonstrate how the City will comply with State of California’s GHG emission reduction standards. Additionally, on a regional level, Southern California Association of Governments (SCAG) adopted the 2016-2040 Regional Transportation Plan/ Sustainable Communities Strategy (2016 RTP/SCS or Plan). The Plan is a long-range visioning plan that balances future mobility and housing needs with economic, environmental, and public health goals. The plan details how the region will address its transportation and land use challenges and opportunities in order to achieve its regional emissions standards and greenhouse gas (GHG) reduction targets. The Western Riverside Council of Governments (WRCOG) completed a Subregional Climate Action Plan (CAP), branded as CAPtivate, that recommends strategies to reduce greenhouse gas emissions. In addition, Riverside County adopted the 2019 Climate Action Plan (CAP) Update; this document refines the county’s efforts to meet the greenhouse gas (GHG) reduction strategies, specifically for the years 2035 and 2050. This plan builds upon the GHG reduction strategies in the 2015 Climate Action Plan. Adopted in 2015, the Moreno Valley Bicycle Master Plan specifically recommends programs and policies designed to make the Moreno Valley a more bicycle friendly place and to encourage more residents to ride rather than drive. Adopted in 2018, the Power Integrated Resource Plan (IRP) is Moreno Valley Utility’s (MVU) 20-year blueprint for ensuring reliable and environmentally responsible energy at affordable rates.
Thus, this project will directly support all of these plans currently in place that impact the region of the City of Moreno Valley. The Greenhouse Gas (GHG) reduction targets provided by State law provides the baseline forecast of GHG emissions, and models forecasts of future GHG emissions through 2040. The City’s Action Plan will need to demonstrate compliance with the General Plan 2040 horizon year target. Tools such as these are essential for the State to meet its GHG emission reduction goals. The City of Moreno Valley’s Climate Action Plan goes over GHG Reduction Measures. This proposed project, directly supports this transportation measure. Additionally, another strategy is to establish a goal of achieving a 10% increase in alternative mode use of people employed in Moreno Valley. Safety improvements at signalized intersections will help in reaching the city’s Greenhouse Gas (GHG) reduction rates. Safety improvements can reduce greenhouse gas emissions by minimizing unnecessary idling, improving traffic flow, and improving travel time at intersections which in turn lower the emissions from vehicles.
The Project utilizes demand management strategies to reduce congestion, induced travel demand, and greenhouse gas emissions.
Transportation Demand Management (TDM) is a set of strategies aimed at maximizing traveler choices. The main objectives of TDM is to reduce traffic congestion, conserve energy and reduce emissions, improve community health and fitness levels, achieve equity, boost urban livability, solve parking problems, enhance community safety, help commuters based in rural areas, and make alternative transportation more affordable—to name a few. The city’s proposed project to improve the safety of signalized intersections will help in the reduction of rear-ended collisions and therefore will employ the TDM strategy of enhancing community safety. Additionally, the project which will implement strategies to reduce overall vehicle volume at the intersections which therefore will mitigate congestion and improve safety.
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ATTACHMENT E
LABOR AND WORKFORCE
1. Efforts to Support Good-Paying Jobs and Strong Labor Standards The Recipient states that rows marked with “X” in the following table align with the application:
The Recipient demonstrate, to the full extent possible consistent with the law, an effort to create good-paying jobs with the free and fair choice to join a union and incorporation of high labor standards. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
The Recipient or a project partner has adopted the use of local and economic hiring preferences in the overall delivery and implementation of the Project. (Describe the relevant provisions in the supporting narrative below.)
The Recipient or a project partner has adopted the use of registered apprenticeships in the overall delivery and implementation of the Project. (Describe the use of registered apprenticeship in the supporting narrative below.)
The Recipient or a project partner will provide training and placement programs for underrepresented workers in the overall delivery and implementation of the Project. (Describe the training programs in the supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a union in the overall delivery and implementation of the Project by investing in workforce development services offered by labor-management training partnerships or setting expectations for contractors to develop labor-management training programs. (Describe the workforce development services offered by labor-management training partnerships in the supporting narrative below.)
The Recipient or a project partner will provide supportive services and cash assistance to address systemic barriers to employment to be able to participate and thrive in training and employment, including childcare, emergency cash assistance for items such as tools, work clothing, application fees and other costs of apprenticeship or required pre-employment training, transportation and travel to training and work sites, and services aimed at helping to retain underrepresented groups like mentoring, support groups, and peer networking. (Describe the supportive services and/or cash assistance provided to trainees and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in place to hire from certain workforce programs that serve underrepresented groups. (Identify the relevant agreements and describe the scope of activities they cover in the supporting narrative below.)
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X
The Recipient or a project partner participates in a State/Regional/Local comprehensive plan to promote equal opportunity, including removing barriers to hire and preventing harassment on work sites, and that plan demonstrates action to create an inclusive environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; b. proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color;
c. no discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; e. training on anti-harassment and third-party reporting procedures covering employees and contractors; and
f. maintaining robust anti-retaliation measures covering employees and contractors.
(Describe the equal opportunity plan in the supporting narrative below.)
The Recipient has taken other actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to create good- paying jobs with the free and fair choice to join a union and incorporate strong labor standards
but, before beginning construction of the project, will take relevant actions described in the supporting narrative below.
The Recipient has not taken actions related to the Project to improving good- paying jobs and strong labor standards and will not take those actions under this award.
2. Supporting Narrative.
a. Affirmative efforts to remove barriers to equal employment opportunity above and beyond complying with Federal law; Section 1.8 Equal Employment Policy as follows: “It is the policy of the City of Moreno Valley to offer equal opportunity in all matters of employment. Employment with the City is based solely upon the qualifications of the individual applicant, regardless of race, religion, color, creed, national origin, ancestry, marital status, sex, age, medical condition, pregnancy, sexual orientation, including gender identity, political affiliation, or a mental or physical disability, unless sex, mental, or physical ability is a bona fide occupational qualification.
All employees are to be treated with respect and dignity. The City of Moreno Valley prohibits any harassment of employees in the workplace. Activities and occurrences which may constitute harassment, whether written or oral, include, but are not limited to disparaging comments on the basis of one’s religion, age, sex, marital status, race, color, national origin, ancestry, medical condition, pregnancy, sexual orientation, including gender identity, political affiliation, or mental or physical disability. Such harassment activities, which may have the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment, are prohibited and should be reported immediately to the Human Resources Director.
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The City shall not unlawfully discriminate against a qualified individual with a disability in job applications, hiring, advancement, compensation, training, discharge, and other terms, conditions, or privileges of employment. A disabled person is one who has mental or physical impairment that limits at least one major life activity, who has a record of impairment, or who is regarded as having impairment. A qualified individual with a disability is a person, who, with or without reasonable accommodation, can perform the essential functions of the job in question.
Violation of this policy will result in appropriate disciplinary action pursuant to Section 8 of these Rules.” b. Proactive partnerships with the U.S. Department of Labor’s Office of Federal Contract Compliance Programs to promote compliance with EO 11246 Equal Employment Opportunity requirements and meet the requirements as outlined in the Notice of Funding Opportunity to make good faith efforts to meet the goals of 6.9 percent of construction project hours being performed by women and goals that vary based on geography for construction work hours and for work being performed by people of color; The city’s Housing and Urban Development Act of 1968 Section 3 Policies and Procedures Manual outlines how the City and its subrecipients, contractors and subcontractors will comply with HUD’s Section 3 requirements in implementing the City’s HUD funded programs.
Section 3is a provision of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u) that is regulated by the provisions of 24 CFR 75. Section 3 regulations ensure that employment and other economic opportunities generated by certain HUD financial assistance shall, to the greatest extent feasible, and consistent with existing Federal, State and local laws and regulations, be directed to low- and very low-income persons, particularly those who are recipients of government assistance for housing, and to business concerns which provide economic opportunities to low- and very low-income persons. Please refer to the Appendix C-Section 3 FAQ for the details of Section 3 regulations.
c. No discriminatory use of criminal background screens and affirmative steps to recruit and include those with former justice involvement, in accordance with the Fair Chance Act and equal opportunity requirements; The City’s Section 4.80 Criminal Conduct- Ineligibility for Employment describes as follows: “Except as otherwise hereinafter provided, no person convicted of a misdemeanor involving moral turpitude or a felony shall be eligible for employment in the service of the City; however, the City Manager may disregard such conviction if he/she finds and determines that mitigating circumstances exist, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of such person at the time of conviction, or the fact that the classification applied for is unrelated to such conviction. Only the City Manager, Employee Relations Officer, City’s Attorneys, Human Resources Director, and other Human Resources staff are authorized to have access to the “State Summary Criminal History Information” as provided for in Section 11105 of the Penal Code of the State of California.” d. Efforts to prevent harassment based on race, color, religion, sex, sexual orientation, gender identity, and national origin; Section 1.85 Discrimination and Anti-Harassment Policy from the city’s Personnel Rules and Regulations states the following: The City of Moreno Valley is committed to providing a work environment that is free of discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting any form of harassment, including sexual harassment, of all employees. Furthermore, the City prohibits harassment in any form, including verbal, physical, visual, or sexual harassment or retaliation against an employee for filing a harassment and/or discrimination complaint. Harassment of an employee by a co-worker, supervisor, management employee, or other agent of the City, or a customer, on the basis of race, religion, color, creed, national origin, ancestry, marital status, sex, age, medical condition, pregnancy, sexual orientation, including gender identity, political affiliation, or a mental or physical disability will not be tolerated. Such harassment activities, which may have the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment, are prohibited and should be reported immediately to the Human Resources Director.
Harassment includes, but is not limited to:
A. Verbal Harassment- For example, epithets, derogatory comments or slurs on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, marital status, sex, sexual orientation, including gender identity, age, or denial of family and medical care leave and denial of pregnancy disability leave.
B. Physical Harassment- For example, assault, impeding or blocking movement, or any physical interference with normal work or movement when directed at an individual on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, marital status, sex, sexual orientation, including gender identity or age.
C. Visual Forms of Harassment- For example, derogatory posters, notices, bulletins, cartoons, or drawings on the basis of race, religion, color, national origin, ancestry, physical or mental disability, medical condition, pregnancy, marital status, sex, sexual orientation, including gender identity or age.
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D. Sexual Harassment- Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature which is conditioned upon an employee benefit, unreasonably interferes with an individual’s work performance, or creates an intimidating, hostile, or an offensive work environment.
The City shall ensure that each employee has a copy of the City’s anti-harassment policy which will include information on its internal complaint procedure. Any employee who believes he or she has been harassed by a co- worker, a supervisor, a management employee, any other agent of the City, or customer should promptly report the facts of the incident or incidents and names of persons involved to his or her supervisor and/or the division manager/Department Director, and/or the Human Resources Director. If the offending party is a Department Director or higher, the complaint should be addressed to the offending party’s supervisor. Any supervisor, division manager, or Department Director is obligated to immediately report any complaints and/or incidents of harassment to the Human Resources Director. Failure to make such a report when required by this Section may provide grounds for disciplinary action. Upon receiving notification of a harassment complaint, the Human Resources Director shall:
A. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: 1. the complainant; 2. the accused harasser; and 3. any other persons the Human Resources Director has reason to believe have relevant knowledge concerning the complaint. This may include victims of similar conduct.
B. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual, or sexual conduct, and the context in which the alleged incidents occurred.
C. Report the results of the investigation, and the determination as to whether harassment occurred, to appropriate persons, including the complainant, the alleged harasser, the supervisor, the Department Director, and the City Manager. If discipline is imposed, the discipline will not be communicated to the complainant.
D. If the harassment occurred, take and/or recommend to the appointing authority prompt and effective remedial action against the harasser. The action will be commensurate with the severity of the offense.
E. Take reasonable steps to protect the complainant from further harassment.
F. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
G. If appropriate, take action to remedy the victim’s loss, if any, which resulted from the harassment.
If the employee is not satisfied with the action taken, the employee shall have the right to file a formal grievance in accordance with Section 12.55. If the allegation of harassment implicates any person rendering a decision at any Step in the Grievance Procedure, the employee may omit that particular Step and proceed to the next Step in the Grievance Procedure. Dissemination of Policy: All employees, shall receive a copy of this Discrimination and Anti- Harassment Policy when they are hired and regularly thereafter. All non-supervisory employees, shall receive one hour of interactive training and education regarding sexual harassment within six months of hire and every two years thereafter. All supervisory employees, shall receive two hours of interactive training and education regarding sexual harassment within six months of hire or promotion and every two years thereafter. Additionally, Section 8.15 Unlawful Discrimination mentions that “Any employee who harasses or unlawfully discriminates against any other person on the basis of the other person’s religion, age, sex, marital status, race, color, national origin, ancestry, medical condition, pregnancy, political affiliation, mental/physical disability, or sexual orientation, including gender identity; or denies family and medical leave (FMLA), or pregnancy disability leave; or as retaliation against an employee for filing a harassment and/or discrimination complaint, shall be subject to discipline in accordance with these Rules.”
e. Training on anti-harassment and third-party reporting procedures covering employees and contractors; and Section 1.85 Discrimination and Anti-Harassment Policy states that, “The City of Moreno Valley is committed to providing a work environment that is free of discrimination. In keeping with this commitment, the City maintains a strict policy prohibiting any form of harassment, including sexual harassment, of all employees. Furthermore, the City prohibits harassment in any form, including verbal, physical, visual, or sexual harassment or retaliation against an employee for filing a harassment and/or discrimination complaint. Harassment of an employee by a co-worker, supervisor, management employee, or other agent of the City, or a customer, on the basis of race, religion, color, creed, national origin, ancestry, marital status, sex, age, medical condition, pregnancy, sexual orientation, including gender identity, political affiliation, or a mental or physical disability will not be tolerated. Such harassment activities, which may have the purpose or effect of interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment, are prohibited and should be reported immediately to the Human Resources Director.”
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f. Maintaining robust anti-retaliation measures covering employees and contractors. Section 1.85 Discrimination and Anti-Harassment Policy states that, “Upon receiving notification of a harassment complaint, the Human Resources Director shall:
A. Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with:
1. the complainant;
2. the accused harasser; and
3. any other persons the Human Resources Director has reason to believe have relevant knowledge concerning the complaint. This may include victims of similar conduct.
B. Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment giving consideration to all factual information, the totality of the circumstances, including the nature of the verbal, physical, visual, or sexual conduct, and the context in which the alleged incidents occurred.
C. Report the results of the investigation, and the determination as to whether harassment occurred, to appropriate persons, including the complainant, the alleged harasser, the supervisor, the Department Director, and the City Manager. If discipline is imposed, the discipline will not be communicated to the complainant.
D. If the harassment occurred, take and/or recommend to the appointing authority prompt and effective remedial action against the harasser. The action will be commensurate with the severity of the offense.
E. Take reasonable steps to protect the complainant from further harassment.
F. Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.
G. If appropriate, take action to remedy the victim’s loss, if any, which resulted from the harassment.
If the employee is not satisfied with the action taken, the employee shall have the right to file a formal grievance in accordance with Section 12.55. If the allegation of harassment implicates any person rendering a decision at any Step in the Grievance Procedure, the employee may omit that particular Step and proceed to the next Step in the Grievance Procedure. Dissemination of Policy: All employees, shall receive a copy of this Discrimination and Anti- Harassment Policy when they are hired and regularly thereafter. All non-supervisory employees, shall receive one hour of interactive training and education regarding sexual harassment within six months of hire and every two years thereafter. All supervisory employees, shall receive two hours of interactive training and education regarding sexual harassment within six months of hire or promotion and every two years thereafter.
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Attachment F
CRITICAL SECURITY INFRASTRUCTURE AND RESILIENCE
1. Efforts to strengthen the Security and Resilience of Critical Infrastructure against both Physical and Cyber Threats. N/A
The Recipient states that rows marked with “X” in the following table are accurate:
The Recipient demonstrates, prior to the signing of this agreement, effort to consider and address physical and cyber security risks relevant to the transportation mode and type and scale of the activities.
The Recipient appropriately considered and addressed physical and cyber security and resilience in the planning, design and oversight of the project, as determined by the Department and the Department of Homeland Security.
For projects in floodplains: The Recipient appropriately considered whether the project was upgraded consistent with the Federal Flood Risk Management Standard, to the extent consistent with current law, in Executive Order 14030, Climate-Related Financial Risk (86 FR 27967), and Executive Order 13690, Establishing a Federal Flood Risk Management Standard and a Process for Further Solicit and Considering Stakeholder Input (80 FR 6425).
2. Supporting Narrative.
N/A
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ATTACHMENT G
CIVIL RIGHTS AND TITLE VI
1. Recipient Type Designation.
Alternative #1
(2) the Recipient had an award with FHWA as a result of which the Recipient is already in compliance with the operating administration’s Title VI requirements:
Recipient Type Designation: Existing
Existing Award Program: Safe Streets for All – FY 22, 23 The City of Moreno Valley has received FHWA grants in the past; therefore the Recipient is already in compliance with Title VI requirements. To support Civil Rights and Title VI, the City provides sexual harassment training, workplace violence trainings/policy, and supplemental documentation, including sections 1.80, 1.85, 4.05, 4.25, and
8.15 of the City’s policies and procedures for City Staff. The City has an existing Workplace Violence Prevention Program which establishes the basic requirements of the City of Moreno Valley’s Workplace Violence Prevention (WPV) Program. These efforts demonstrate our commitment to fostering an inclusive, safe, and compliant workplace environment.