Reviewed an ppro- d Reviewed and approved:
•
Luis Estevez
Deputy City Administrator
City Administrator
Attachments:
1. Updated Quote from United Carports LLC for 24' X 40' X 12' Garage
2. Updated Quote from United Carports LLC for 30' X 55' X 12' Garage
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Metal Carports • Barns • RV Covers - Garages • Sheds
1 «800-757-6742
CUSTOMER INFO
UNITED CARPORTS LLC
7280 SYCAMORE CANYON BLVD
RIVERSIDE, CA 92508
CA 1005529 • AZ 318435
DATE
06/02/22
NAME: City of Placentia **UNIT #1 of 2** SALES REP: Diane (Ext. 9) INSTALL ADDRESS: 1530 N Valencia Ave CITY: Placentia
ST:: CA ZIP: 92870 COUNTY:
MAILING ADDRESS: ATTN: Crystal Adams - 401 E Chapman Ave. Placentia, CA 92870 PHONE: Crystal (909) 438-8683 ALT PHONE: (657) 373-8020 EMAIL: [email protected] PURCHASE ORDER #
DIMENSIONS
Roof width will have approxi-
mately 8' 01 overhang on A-
frame and Vertical style roofs.
FRAME WIDTH
ROOF LENGTH
FRAME LENGTH
LEG HEIGHT
24 40
40 12
COLORS
ROOF: Cocoa Brown ' SIDES: Sahara Tan
TRIM: Burnished Slate
ROOF STYLE
Vertical Roof (Vertical Paneling)
AL
nuaorTmry
PANEL GAUGE
26 Gauge PBR
SIDE WALLS
Fully Enclosed Side (Horizontally Paneled)
2 END WALLS
Fully Enclosed End (Horizontally Paneled)
2 GABLE ENDS
EXTRA PANELS
ROLL UP DOORS
t (12'w x 12'h) 0
1 ROLL UP MOTORS
WALK IN DOORS
36"x80" (In -Swing RIGHT - Primed White)
1 WINDOWS
HEADERS
ANCHORS
Interior Mounts and Concrete Bolts
FOAM INSERTS
Full Structure Foam Package
INCL
RIDGE VENT
EZ Vent System (RIDGE VENT)
INCL
COLOR SCREWS
Color Match Screws
INCL
BASE RAIL SEALANT
Vulkem 116 Base Rail Sealant
INCL
INSULATION / VAPOR
WEATHER SEAL
Weather Seal For RUD
1 Frame Outs
(151/4" x 15 1//) Frame Outs
2 Prevailing Wage Incl.
Structural Elevations Added 8/2/21
950.00
(Corrections from the City)
STRUCTURE - $ 42,850.00 CONCRETE - PERMIT FEES-
SUB -TOTAL
42,850.00
SPECIAL NOTES:
1. PERMITTING SERVICES -IVES • Nl NO
United carports will handle your pormrt procoss Irom start to finish. Any fees paid to the building depart• mont for your permit will be your responsibility. UC will pay these fees when pulling your permit but th€s will be added to your remaining balance and we will supply you with receipts for your records. Permit services charge listed on top right of page
2. IS THERE 3' OF CLEARANCE AROUND THE PERIMETER n yEs —I NO
OF STRUCTURE FOR THE CREW TO WORK
3. IS THE LOT CURRENTLY LEVEL? ✓J YES n NO
4. IS ELECTRICITY AVAILABLE TO PLUG EQUIPMENT IN? ',AYES -I NO
5. WHAT TYPE OF FOUNDATION? n CONCRETE GROUND ASPHALT n OTHER
SUB -TOTAL
43,800.001
ENGINEERING/PLANS
975.00
PERMIT RUNNING SERVICES
0.00 EQUIPMENT FEES
(REACH / SCISSOR LIFTS)
0.00 TOTAL PROJECT
44,775.00
DEPOSIT Plans
975.00
PAYMENT SCHEDULE
Corrections/Structural Elevation Fee
Check #00108730 ($950)
950.00
10% Due Once Permits Pulled, Patrial
of check #00109573 ($3,160)
3 160.00
40% Due Once Fabrication begins, 2
wks prior to install ($18,265)
0.00 0.00
0.00 0.00
BALANCE DUE ON DAY OF
COMPLETION
Q 39,690.00
`p
LOT MUST BE COMPLETELY LEVEL FOR INSTALL.
IF YOUR LOT IS NOT LEVEL PLEASE LET YOUR
SALES REP KNOW. IF CREW CANNOT INSTALL
DUE TO A SLOPE ADDITIONAL FEES WILL APPLY.
I agree that all of the details listed on my order
are correct including contact information, color
selections, measurements and structure options.
By signing below I agree to the contract price and
payment terms listed above. Contract terms and
conditions are continued on pages 2-4. If this
order is not placed into production within 90 days
from signing this agreement, order will be ad-
justed to current pricing based on material cost
increases in the steel industry. You will be noti-
fied and a change order will be provided.
CUSTOMERS SIGNATURE DATE
JOB COMPLETED INSTALLED ON
UNITED CARPORTS INSTALLATION AND SALE AGREEMENT
THIS INSTALLATION AND SALE AGREEMENT (THIS "AGREEMENT") IS ENTERED INTO BY AND BETWEEN UNITED CARPORTS LLC ("UC") AND THE INDIVIDUAL LISTED ON THE LAST PAGE ("YOU" OR "CUSTOMER") AS OF THE DATE WRITTEN.
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
SITE INSTRUCTIONS AND REQUIREMENTS
1. Anchoring: All units are to be secured with concrete anchors (concrete foundation) or recommended cross drive anchors (ground/gravel foundation). If UC is unable to install the recommended ground anchors because of hardpack or solid rock the customer will be responsible for installing concrete pier footings to secure the unit properly. Rebar Pin Anchors are for temporary use on ground installations and UC will be released of all liability for any damage to the structure or property if the Customer chooses to use only the rebar anchors. Failure to utilize the proper recommended anchoring methods will void all warranties.
2. Foundation: Standard foundations for anchoring are ground, gravel, asphalt, or concrete. Any other type of foundation may have additional fees associated with the installation. Please ask a UC rep for more details.
3. Layout of Structure:
a. Height: The height listed on the order form is measured by the side wall/leg height of the unit, NOT the peak. The height will increase to the center peak, in relation to the roof style and width of unit. b. Length: There are 6 inches of overhang off the front and back ends, with a roofline one foot longer than the framing. (Example: 21 foot long building has a 20 foot base rail/framing). There is no overhang on ends of the vertical roof style. c. Ends/Sides: The front/back of the unit is the width and the sides are the length where the legs/posts sleeve into the base rails.
Dimensions are based on outside to outside measurements.
4. Customer's Responsibility:
a. It is the Customer's sole responsibility to measure the installation site to ensure dimensions outlined on the order form will fit at the site. If the unit will not fit in the area, a 25% restocking fee will be applied to the total on top of costs accrued by the changes needed to the structure. Please note: If side/end panels are to be installed, the crew will need at least 3 feet of clearance around the outside to be able to work around and bolt paneling. b. The lot must be level within 3 inches from side to side and front to back where the unit is to be installed. If the lot is not level, an onsite leg cut fee will be determined by the slope and size of the building. If the crew cannot install due to the slope, a return trip fee of $650 will be applied.
c. Entire install site must be clear and empty of any vehicles, debris, etc. or a standby or build over fee will apply. A standby fee of $150 per hour will be applied to the balance due if the installation site is not ready the day of install. A build over fee for working over a trailer/vehicle/debris that cannot be moved will be $50 for every 5 feet of the building length. (Example: 21 foot long building will have a build over fee of $200). Time frames may vary due to traffic, and the site must be ready the scheduled day of installation.
d. The Customer is responsible for obtaining all required permits and will obtain and have approved all such permits prior to installation unless customer is paying for UC permit services listed above ($3,500). UC will not be liable for any ordinance or code violations. Unless you pull a permit and purchase a certified structure it is not guaranteed to meet any certain wind and snow load rating. United Carports LLC will not be responsible for any damage to a unit due to snow/wind if customer does not purchase engineered drawings.
5. Location of Underground Utilities. It is the sole responsibility of the Customer to provide the installers with the location of any underground cables, gas lines, or other utilities. This may include contacting the utility company to request that the locations of underground utilities be marked. UC shall not be responsible for damage to any underground utilities or any items or vehicles left around the job site.
6. Site Access: If delivery/installation truck cannot access the build site within 100 feet there will be an additional fee of fifty dollars ($50.00) per hour per employee added to the balance due. If the truck cannot reach the job site and is located at an unreasonable distance, the job may be rescheduled and a return trip fee will be charged ($650). If you are a business and have a time restriction for when our crews can install, this can affect your pricing and you will need to notify your sales rep prior to ordering.
PAYMENT, CANCELLATION. AND RISK OF LOSS
7. Payment: A 10% deposit is required to get your order in our system and scheduled. 40% progress payment will be due once manufacturing begins. Final payment is due upon completion and can be made by cash, check, or credit card. A 3% convenience fee will be added for all credit card payments. Additional payments and/or deposit schedules may be required by UC at UC's sole discretion.
8. Refund/Cancellation Fee:
a. There will be no refunds or cancellation of an order once the unit has been manufactured. If a job is cancelled onsite or once manufacturing has started, a 40% cancellation fee will be immediately due and payable. b. If an order is cancelled prior to manufacturing, the deposit can be refunded but will incur a transaction fee of the greater of $50 or 25% of the deposit amount.
9. Prices, Payment and Risk of Loss.
a. Prices contained in UC's published price lists, if any, are subject to change without notice. Prices in individual written quotations or proposals are firm only for a period of 30 days from the date of the quotation after which time Customer should inquire of UC as to their validity and request a written confirmation. All prices are in United States dollars. Customer shall pay all government fees levied on the installation and inspection of the goods. Customer shall pay upon receipt all invoices due. b. This Agreement is for the delivery and erection of fabricated metal structure(s) and the goods shall be delivered F.O.B. the Customer's place of delivery. Risk of loss passes to the Customer upon tender of the goods to the Customer completion and acceptance by Customer. UC's breach of the Agreement shall not affect the passing of the risk of loss to Customer notwithstanding any provision of law to the contrary. It is Customer's responsibility to ensure that the structure is covered under Customer's insurance.
c. UC may unilaterally reasonably change prices to cover increased costs required by changes requested by Customer after the date of any quotation.
d. All amounts not paid to UC when due and owed shall constitute a breach by Customer. incur a carrying charge of 12% per annum or the maximum allowed by applicable state law, whichever is higher. e. All amounts due upon installation or other event which requires the action or cooperation of Customer which Customer fails to supply in a timely manner shall become due upon such failure constitute a breach by Customer. f. If payment is made by check and the check is returned NSF, Customer will be responsible for additional expenses incurred by UC as a result of the returned check. UC reserves the right to charge additional fees as allowed by law for checks returned NSF. These fees may include a $20 service charge.
DELIVERY AND INSPECTION
10. Delivery. Shipping and Installation dates are based on UC's present engineering and manufacturing capacity and scheduling, and may be revised by UC upon receipt or scheduling of Customer's order. All shipping dates are approximate and shall be computed from the date of entry of the order on UC's books. All shipping dates are further subject to UC's prompt receipt from Customer of a written purchase order or acceptance, letter of credit, down payment, and other conditions as specified in this Agreement and of all drawings, information and approvals necessary to provide the goods. Customer acknowledges that the installation date may change due to circumstances out of UC's control (weather, accidents, etc.).
11. Delay of Shipment or Performance Excused for Various Reasons. a. If shipment of any item or other performance by UC is delayed at the request or due to the fault of the Customer, UC may at its option hold the item at the place of manufacture at the risk and expense of the Customer from the time it is ready for shipment. In the event of any such delay in shipment, full and final payment for an item shall be due and payable 30 days after the Customer is notified that the item is ready for shipment. If UC is unwilling or unable to accommodate the Customer by holding such item, the Customer shall accept shipment immediately.
b. Dates for UC's performance are estimates only. In addition, UC shall not be in default because of its delay or failure to deliver or perform resulting, in whole or in part, from: (i) any foreign or domestic embargoes, seizures, acts of God, insurrections, war, or the adoption or enactment of any law, ordinance, regulation, ruling or order, or, (ii) the lack of usual means of transportation, fires, floods, explosions, strikes or any other accidents, contingencies, or events, at UC's or its supplier's plant or elsewhere (whether or not beyond UC's control) which directly or indirectly interferes with, or renders substantially more burdensome, UC's production, delivery, or performance.
12. Inspection, Testing and Rejection.
c. If this Agreement expressly provides for Customer's inspection and/or acceptance of the goods, UC's standard test procedures conducted by UC's representative shall be the criteria for inspection and/or acceptance, unless other specific procedures have been specified in this Agreement.
d. All drawings, specifications, technical documentation, samples, prototypes and goods shall be deemed approved and/or accepted by Customer if Customer does not provide a written objection and/or rejection within 7 days of receipt or other longer reasonable time established by UC. Any objection and/or rejection by the Customer must be in writing and specifically state all defects and nonconformities upon which Customer will rely to support its rejection. ALL DEFECTS AND NON -CONFORMITIES WHICH ARE NOT SO SPECIFIED ARE DEEMED APPROVED AND/OR ACCEPTED BY CUSTOMER.
LIMITED WARRANTY AND LIMITATION ON LIABILITY
13. Limited Warranty. There is a 20 year limited warranty on the rust through of the framing material, assuming normal user care and maintenance. There is a 1 year manufacturer's warranty from the date of completed installation on any defects in workmanship, assuming normal user care and maintenance.
14. WARRANTY DISCLAIMER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE
WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED.
15. Remedy. Customer agrees that its sole and exclusive remedy against UC will be limited to the repair and replacement of nonconforming goods, provided UC is notified in writing of any defect. This exclusive remedy will not be deemed to have failed of its essential purpose so long as UC is willing and able to repair or replace the defective parts and, in any event, UC's liability for any damages due Customer will be limited to the purchase price of the goods. THIS PARAGRAPH STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
16. LIMITATION ON LIABILITY. THE MAXIMUM LIABILITY, IF ANY, OF UC FOR ALL DAMAGES, INCLUDING WITHOUT LMITATION CONTRACT
DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM UC'S BREACH OF THIS AGREEMENT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WITH RESPECT TO THE GOODS, OR ANY SERVICES IN CONNECTION WITH THE GOODS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE GOODS. IN NO EVENT WILL
UC BE LIABLE TO CUSTOMER AND/OR ANY THIRD PARTIES FOR ANY INCIDENTAL DAMAGES, INDIRECT DAMAGES, CONSEQUENTIAL
DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES OR LABOR CHARGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS, EVEN IF UC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE TERMS MAY NOT APPLY.
17. Warranty Limited to Original Purchaser. This warranty extends only to the original purchaser of the product warranted by this document. Said warranty does not extend to transferee owners of the product.
18. Ceiling Fan Voids Warranty. The installation of a ceiling fan anywhere on the structure, no matter how it is installed voids all warranties.
The structure is not designed for them and they should not be used.
19. Modification of Structure Voids Warranty. Any modification, addition, deletion, substitution, or any other change to the structure without express written design approval by UC voids the warranty. Our products are designed and specifically engineered to provide superior performance as manufactured. Any changes to the design by the Customer could compromise the structural integrity of the product. On all self installations, any and all warranties are null and void. UC is not liable for structural integrity nor damages if unit is not installed by a UC trained crew.
20. Claims Procedure. Any claim under this warranty must be in writing and sent to United Carports LLC, 7280 Sycamore Canyon Blvd Riverside, CA 92508 and be received within 30 days of discovering claimed defect. This written notification must include a description of the defect, proof of purchase, and the address of the installed product. As UC must have a reasonable opportunity to inspect the claim, Customer may not begin any repairs prior to said inspection or the terms of the warranty could be voided as long as the inspection occurs with 14 days of UC's receipt of the claim.
CUSTOM DESIGNS
21. Ownership and Assignment of Intellectual Property. If the goods delivered under this Agreement contain any custom designs from Customer, UC is and shall be the sole and exclusive owner of all right, title and interest throughout the world in and to all intellectual property rights in connection therewith, and Customer hereby assigns to the Company any rights Customer may have or acquire in such custom designs.
MISCELLANEOUS
22. Governing Law. This Agreement will be construed and enforced in accordance with, and governed by, the laws of the State of California without giving effect to any conflict of laws principles. The Parties hereby consent to the personal jurisdiction of the courts of Riverside County, California, and waive any and all rights to change venue.
23. Mandatory Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Riverside County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.
Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
24. Arbitration Costs and Attorney's Fees. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator's award.
25. Social Media Posts. The Customer agrees to not post online or otherwise any inaccurate, false or misleading statements related to services provided by this Agreement.
26. Entire Agreement. This Agreement, along with any order form, exhibits, invoices, and amendments, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral and written communications, understandings or agreements relating to the subject matter hereof and thereof. This Agreement may be amended or modified only by a written agreement executed by UC and Customer.
27. Headings. The headings identifying the various sections and subsections of this Agreement are for reference only and do not define, modify, expand or limit any of the terms or provisions herein.
28. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
29. Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.
CUSTOMER SIGNATURE
Signature
Print Name.
Date
UNITEDCARPORTS. COM
Metal Carports • RV Covers • Garages • Sheds
1-8DR-757-G742
3% CONVENIENCE FEE IS ADDED TO ALL CREDIT CARD PAYMENTS DEPOSIT: $ 975.00
CONVENIENCE FEE: $ 29.25
TOTAL PAYMENT S 1M4.25
FULL NAME ON CARD:
CREDIT CARD NUMBER:
EXPIRATION DATE: CVC#:
BILLING ADDRESS:
CITY: STATE.
SIGNATURE:
VISA
ILA
DISCOVER
M YdQfi
ZIP CODE:
lb
UNITED CARPORTS
ADDITIONAL OPTIONS AND UPGRADES AVAILABLE
Below is a list of options/upgrades we have available at an additional cost, which does not come standard on our units. Please read below and let me know if you'd like pricing or have questions on any of these upgrades. Thank you.
BASE RAIL SEAL: Our metal base rail is anchored directly to the concrete and is not considered watertight, which means there can be leakage between the base rail and concrete. To try and avoid this we can add a seal/caulking around the base rail to keep water from seeping through if the slab size is larger than the framing.
COLORED SCREWS: The screws utilized are zinc/silver color, which are bolted to the outside of the colored paneling. We also offer colored screws, to match the panel color selected.
FOAM STRIPS: These are installed at the corners/eves where panels meet behind the trim.
Typically these are used to help keep critters and dirt out, and unit more watertight.
SKYLIGHTS: Skylights are a polycarbonate, ribbed, opaque panel. These are to be installed on VERTICAL style roof only.
RIDGE VENTS: We offer a ridge vent that would be installed onto a VERITCAL style roof only, that provides ventilation under the ridge where the roof comes to a peak. Cannot be installed with roof insulation (can only have one or the other).
26 GAUGE PANELING: The roof/siding comes in 29g paneling, which is standard in the industry.
However we offer a stronger 26 gauge PBR paneling, with larger rib profile.
INSULATION: Our insulation is a barrier bubble film with a white polyethylene exterior which is wedged between the framing and panels, prior to us bolting on the side/end walls. This can ONLY be installed on a vertical style roof. (Cannot be installed in the High Desert Areas. Cannot be installed with Skylights, Ridge Vent or Foam Strip options) Here is a link for more info on insulation http://www.radiantbarrier.com/double-white-insulation.htm .
VERTICAL SIDING: The siding on the side/end walls come standard with the ribs running horizontally, however we do offer a vertical siding as an option. Vertical siding can ONLY be installed on a slab the exact size of the framing/base rail and must be laser level.
SECTIONAL. DOORS: Our website only provides pricing on standard roll up doors, however we do offer sectional doors in most of Southern California.
MOTORIZED DOORS: All of our roll up doors are manually rolled up by hand and do not come with a motor to open automatically. However we offer 'Lift Masters' on commercial roll up doors. These are to be delivery only and installed afterwards by the customer for $450/door.
CONCRETE SLAB: We offer concrete services for most areas within a 2 hour radius of our Riverside, CA factory.
PERMITTING SERVICES: We offer permitting services for most areas within a 2 hour radius of our factory. Permitting services run $3,500 for us to go back and forth to the building department for the customer, and does NOT include the cost of plans or permitting fees called out for by the building department. Cost does include site/plot plan. This process takes around 4-6 months to go through all departments and get final approval.
If there is something you do not see above that you want to know is available, please Customers Initials feel free to email or call your sales rep to discuss.
UNITEDCARPOR1'S.COM
Metal Carports • Barns • RV Covers - Garages • Sheds
1-8OO-757- i
CUSTOMER INFO
UNITED CARPORTS LLC
7280 SYCAMORE CANYON BLVD
RIVERSIDE, CA 92508
CA 1005529 • AZ 318435
DATE
06/02/22
NAME: City of Placentia **UNIT #2 of 2** SALES REP: Diane (Ext. 9) INSTALL ADDRESS: 1530 N Valencia Ave CITY: Placentia
ST: CA ZIP: 92870 COUNTY:
MAILING ADDRESS: ATTN: Crystal Adams - 401 E Chapman Ave. Placentia, CA 92870 PHONE: Crystal (909) 438-8683 ALT PHONE: (657) 373-8020 EMAIL: [email protected] PURCHASE ORDER #
DIMENSIONS
Roof width wilt have epproxl-
mately 6' al overhang on A
frame and Vertical style roufa.
FRAME WIDTH
ROOF LENGTH
FRAME LENGTH
LEG HEIGHT
30 55
55 12
COLORS
ROOF: Cocoa Brown I SIDES: Sahara Tan
TRIM: Burnished Slate
ROOF STYLE
Vertical Roof (Vertical Paneling)
TOTAL
OLIANTITY
PANEL GAUGE
26 Gauge PBR
SIDE WALLS
Fully Enclosed Side (Horizontally Paneled)
2 END WALLS
Fully Enclosed End (Horizontally Paneled)
2 GABLE ENDS
(Chain- Interior Locks) (HP- Exterior Locks)
EXTRA PANELS
CHAIN DRIVE" HAND PULL AA
ROLL UP DOORS
2 (12'w x 10'h) 2 (10'w x 10'h)
4 ROLL UP MOTORS
WALK IN DOORS
36"x80" (In -Swing LEFT - Primed White)
1 WINDOWS
HEADERS
ANCHORS
Interior Mounts and Concrete Bolts
FOAM INSERTS
Full Structure Foam Package
INCL
RIDGE VENT
EZ Vent System (RIDGE VENT)
INCL
COLOR SCREWS
Color Match Screws
INCL
BASE RAIL SEALANT
Vulkem 116 Base Rail Sealant
INCL
INSULATION / VAPOR
WEATHER SEAL
Weather Seal For RUD
4 Frame Outs
Frame Outs (17'/" x 17'/4")
2 Prevailing Wage Incl.
STRUCTURE - $ 70,950 00 CONCRETE - PERMIT FEES - SUB -TOTAL
70.950.00
SPECIAL NOTES:
1. PERMITTING SERVICES —I YES NO
United carports will handle your permit process from sled to finish. Any fees paid to the building depart- ment for your pormil will be your responsibility. UC will pay these fees when pulling your permit but this will be added to your remaining balance and we will supply you with receipts for your records. Permit services charge listed on top right of page
2. IS THERE 3' OF CLEARANCE AROUND THE PERIMETER I YES —I NO
OF STRUCTURE FOR THE CREW TO WORK
3. IS THE LOT CURRENTLY LEVEL? ✓ I YES ] NO
4. IS ELECTRICITY AVAILABLE TO PLUG EQUIPMENT IN? r l YES -I NO
5. WHAT TYPE OF FOUNDATION? n CONCRETE -IGROUND ASPHALT M OTHER
SUB -TOTAL
70,950.00
ENGINEERING / PLANS
1,975.00
PERMIT RUNNING SERVICES
0.00 EQUIPMENT FEES
(REACH / SCISSOR LIFTS)
0.00 TOTAL PROJECT
72,925.00
DEPOSIT
Plans
1,975.00
PAYMENT SCHEDULE
10% Due Once Permits Pulled, Patrial
of check #00109573 ($5,731.50)
5,731.50
40% Due Once Fabrication begins, 2
wks prior to install ($29,750)
0.00 0.00
0.00 0.00
0.00 BALANCE DUE ON DAY OF
COMPLETION
$ 65,218.50
LOT MUST BE COMPLETELY LEVEL FOR INSTALL.
IF YOUR LOT IS NOT LEVEL PLEASE LET YOUR
SALES REP KNOW. IF CREW CANNOT INSTALL
DUE TO A SLOPE ADDITIONAL FEES WILL APPLY
I agree that all of the details listed on my order
are correct including contact information, color
selections, measurements and structure options.
By signing below I agree to the contract price and
payment terms listed above. Contract terms and
conditions are continued on pages 2-4. If this
order is not placed into production within 90 days
from signing this agreement, order will be ad-
justed to current pricing based on material cost
increases in the steel industry. You will be noti-
fied and a change order will be provided.
CUSTOMERS SIGNATURE DATE
JOB COMPLETED INSTALLED ON
UNITED CARPORTS INSTALLATION AND SALE AGREEMENT
THIS INSTALLATION AND SALE AGREEMENT (THIS "AGREEMENT") IS ENTERED INTO BY AND BETWEEN UNITED CARPORTS LLC ("UC") AND THE INDIVIDUAL LISTED ON THE LAST PAGE ("YOU" OR "CUSTOMER") AS OF THE DATE WRITTEN.
THIS AGREEMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.
SITE INSTRUCTIONS AND REQUIREMENTS
1. Anchoring: All units are to be secured with concrete anchors (concrete foundation) or recommended cross drive anchors (ground/gravel foundation). If UC is unable to install the recommended ground anchors because of hardpack or solid rock the customer will be responsible for installing concrete pier footings to secure the unit properly. Rebar Pin Anchors are for temporary use on ground installations and UC will be released of all liability for any damage to the structure or property if the Customer chooses to use only the rebar anchors. Failure to utilize the proper recommended anchoring methods will void all warranties.
2. Foundation: Standard foundations for anchoring are ground, gravel, asphalt, or concrete. Any other type of foundation may have additional fees associated with the installation. Please ask a UC rep for more details.
3. Layout of Structure:
a. Height: The height listed on the order form is measured by the side wall/leg height of the unit, NOT the peak. The height will increase to the center peak, in relation to the roof style and width of unit. b. Length: There are 6 inches of overhang off the front and back ends, with a roofline one foot longer than the framing. (Example: 21 foot long building has a 20 foot base rail/framing). There is no overhang on ends of the vertical roof style. c. Ends/Sides: The front/back of the unit is the width and the sides are the length where the legs/posts sleeve into the base rails.
Dimensions are based on outside to outside measurements.
4. Customers Responsibility:
a. It is the Customer's sole responsibility to measure the installation site to ensure dimensions outlined on the order form will fit at the site. If the unit will not fit in the area, a 25% restocking fee will be applied to the total on top of costs accrued by the changes needed to the structure. Please note: If side/end panels are to be installed, the crew will need at least 3 feet of clearance around the outside to be able to work around and bolt paneling. b. The lot must be level within 3 inches from side to side and front to back where the unit is to be installed. If the lot is not level, an onsite leg cut fee will be determined by the slope and size of the building. If the crew cannot install due to the slope, a return trip fee of $650 will be applied.
c. Entire install site must be clear and empty of any vehicles, debris, etc. or a standby or build over fee will apply. A standby fee of $150 per hour will be applied to the balance due if the installation site is not ready the day of install. A build over fee for working over a trailer/vehicle/debris that cannot be moved will be $50 for every 5 feet of the building length. (Example: 21 foot long building will have a build over fee of $200). Time frames may vary due to traffic, and the site must be ready the scheduled day of installation.
d. The Customer is responsible for obtaining all required permits and will obtain and have approved all such permits prior to installation unless customer is paying for UC permit services listed above ($3,500). UC will not be liable for any ordinance or code violations. Unless you pull a permit and purchase a certified structure it is not guaranteed to meet any certain wind and snow load rating. United Carports LLC will not be responsible for any damage to a unit due to snow/wind if customer does not purchase engineered drawings.
5. Location of Underground Utilities. It is the sole responsibility of the Customer to provide the installers with the location of any underground cables, gas lines, or other utilities. This may include contacting the utility company to request that the locations of underground utilities be marked. UC shall not be responsible for damage to any underground utilities or any items or vehicles left around the job site.
6. Site Access: If delivery/installation truck cannot access the build site within 100 feet there will be an additional fee of fifty dollars ($50.00) per hour per employee added to the balance due. If the truck cannot reach the job site and is located at an unreasonable distance, the job may be rescheduled and a return trip fee will be charged ($650). If you are a business and have a time restriction for when our crews can install, this can affect your pricing and you will need to notify your sales rep prior to ordering.
PAYMENT, CANCELLATION, AND RISK OF LOSS
7. Payment: A 10% deposit is required to get your order in our system and scheduled. 40% progress payment will be due once manufacturing begins. Final payment is due upon completion and can be made by cash, check, or credit card. A 3% convenience fee will be added for all credit card payments. Additional payments and/or deposit schedules may be required by UC at UC's sole discretion.
8. Refund/Cancellation Fee:
a. There will be no refunds or cancellation of an order once the unit has been manufactured. If a job is cancelled onsite or once manufacturing has started, a 40% cancellation fee will be immediately due and payable. b. If an order is cancelled prior to manufacturing, the deposit can be refunded but will incur a transaction fee of the greater of $50 or 25% of the deposit amount.
9. Prices, Payment and Risk of Loss.
a. Prices contained in UC's published price lists, if any, are subject to change without notice. Prices in individual written quotations or proposals are firm only for a period of 30 days from the date of the quotation after which time Customer should inquire of UC as to their validity and request a written confirmation. All prices are in United States dollars. Customer shall pay all government fees levied on the installation and inspection of the goods. Customer shall pay upon receipt all invoices due. b. This Agreement is for the delivery and erection of fabricated metal structure(s) and the goods shall be delivered F.O.B. the Customer's place of delivery. Risk of loss passes to the Customer upon tender of the goods to the Customer completion and acceptance by Customer. UC's breach of the Agreement shall not affect the passing of the risk of loss to Customer notwithstanding any provision of law to the contrary. It is Customer's responsibility to ensure that the structure is covered under Customer's insurance.
c. UC may unilaterally reasonably change prices to cover increased costs required by changes requested by Customer after the date of any quotation.
d. All amounts not paid to UC when due and owed shall constitute a breach by Customer. incur a carrying charge of 12% per annum or the maximum allowed by applicable state law, whichever is higher. e. All amounts due upon installation or other event which requires the action or cooperation of Customer which Customer fails to supply in a timely manner shall become due upon such failure constitute a breach by Customer. f. If payment is made by check and the check is returned NSF, Customer will be responsible for additional expenses incurred by UC as a result of the returned check. UC reserves the right to charge additional fees as allowed by law for checks returned NSF. These fees may include a $20 service charge.
DELIVERY AND INSPECTION
10. Delivery. Shipping and Installation dates are based on UC's present engineering and manufacturing capacity and scheduling, and may be revised by UC upon receipt or scheduling of Customer's order. All shipping dates are approximate and shall be computed from the date of entry of the order on UC's books. All shipping dates are further subject to UC's prompt receipt from Customer of a written purchase order or acceptance, letter of credit, down payment, and other conditions as specified in this Agreement and of all drawings, information and approvals necessary to provide the goods. Customer acknowledges that the installation date may change due to circumstances out of UC's control (weather, accidents, etc.).
11. Delay of Shipment or Performance Excused for Various Reasons. a. If shipment of any item or other performance by UC is delayed at the request or due to the fault of the Customer, UC may at its option hold the item at the place of manufacture at the risk and expense of the Customer from the time it is ready for shipment. In the event of any such delay in shipment, full and final payment for an item shall be due and payable 30 days after the Customer is notified that the item is ready for shipment. If UC is unwilling or unable to accommodate the Customer by holding such item, the Customer shall accept shipment immediately.
b. Dates for UC's performance are estimates only. In addition, UC shall not be in default because of its delay or failure to deliver or perform resulting, in whole or in part, from: (i) any foreign or domestic embargoes, seizures, acts of God, insurrections, war, or the adoption or enactment of any law, ordinance, regulation, ruling or order, or, (ii) the lack of usual means of transportation, fires, floods, explosions, strikes or any other accidents, contingencies, or events, at UC's or its supplier's plant or elsewhere (whether or not beyond UC's control) which directly or indirectly interferes with, or renders substantially more burdensome, UC's production, delivery, or performance.
12. Inspection, Testing and Rejection.
c. If this Agreement expressly provides for Customer's inspection and/or acceptance of the goods, UC's standard test procedures conducted by UC's representative shall be the criteria for inspection and/or acceptance, unless other specific procedures have been specified in this Agreement.
d. All drawings, specifications, technical documentation, samples, prototypes and goods shall be deemed approved and/or accepted by Customer if Customer does not provide a written objection and/or rejection within 7 days of receipt or other longer reasonable time established by UC. Any objection and/or rejection by the Customer must be in writing and specifically state all defects and nonconformities upon which Customer will rely to support its rejection. ALL DEFECTS AND NON -CONFORMITIES WHICH ARE NOT SO SPECIFIED ARE DEEMED APPROVED AND/OR ACCEPTED BY CUSTOMER.
LIMITED WARRANTY AND LIMITATION ON LIABILITY
13. Limited Warranty. There is a 20 year limited warranty on the rust through of the framing material, assuming normal user care and maintenance. There is a 1 year manufacturer's warranty from the date of completed installation on any defects in workmanship, assuming normal user care and maintenance.
14. WARRANTY DISCLAIMER. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE
WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED.
15. Remedy. Customer agrees that its sole and exclusive remedy against UC will be limited to the repair and replacement of nonconforming goods, provided UC is notified in writing of any defect. This exclusive remedy will not be deemed to have failed of its essential purpose so long as UC is willing and able to repair or replace the defective parts and, in any event, UC's liability for any damages due Customer will be limited to the purchase price of the goods. THIS PARAGRAPH STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
16. LIMITATION ON LIABILITY. THE MAXIMUM LIABILITY, IF ANY, OF UC FOR ALL DAMAGES, INCLUDING WITHOUT LMITATION CONTRACT
DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM UC'S BREACH OF THIS AGREEMENT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WITH RESPECT TO THE GOODS, OR ANY SERVICES IN CONNECTION WITH THE GOODS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE GOODS. IN NO EVENT WILL
UC BE LIABLE TO CUSTOMER AND/OR ANY THIRD PARTIES FOR ANY INCIDENTAL DAMAGES, INDIRECT DAMAGES, CONSEQUENTIAL
DAMAGES, SPECIAL DAMAGES, EXEMPLARY DAMAGES OR LABOR CHARGES, INCLUDING WITHOUT LIMITATION LOST REVENUES AND PROFITS, EVEN IF UC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTE: SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE THE ABOVE TERMS MAY NOT APPLY.
17. Warranty Limited to Original Purchaser. This warranty extends only to the original purchaser of the product warranted by this document. Said warranty does not extend to transferee owners of the product.
18. Ceiling Fan Voids Warranty. The installation of a ceiling fan anywhere on the structure, no matter how it is installed voids all warranties.
The structure is not designed for them and they should not be used.
19. Modification of Structure Voids Warranty. Any modification, addition, deletion, substitution, or any other change to the structure without express written design approval by UC voids the warranty. Our products are designed and specifically engineered to provide superior performance as manufactured. Any changes to the design by the Customer could compromise the structural integrity of the product. On all self installations, any and all warranties are null and void. UC is not liable for structural integrity nor damages if unit is not installed by a UC trained crew.
20. Claims Procedure. Any claim under this warranty must be in writing and sent to United Carports LLC, 7280 Sycamore Canyon Blvd Riverside, CA 92508 and be received within 30 days of discovering claimed defect. This written notification must include a description of the defect, proof of purchase, and the address of the installed product. As UC must have a reasonable opportunity to inspect the claim, Customer may not begin any repairs prior to said inspection or the terms of the warranty could be voided as long as the inspection occurs with 14 days of UC's receipt of the claim.
CUSTOM DESIGNS
21. Ownership and Assignment of Intellectual Property. If the goods delivered under this Agreement contain any custom designs from Customer, UC is and shall be the sole and exclusive owner of all right, title and interest throughout the world in and to all intellectual property rights in connection therewith, and Customer hereby assigns to the Company any rights Customer may have or acquire in such custom designs.
MISCELLANEOUS
22. Governing Law. This Agreement will be construed and enforced in accordance with, and governed by, the laws of the State of California without giving effect to any conflict of laws principles. The Parties hereby consent to the personal jurisdiction of the courts of Riverside County, California, and waive any and all rights to change venue.
23. Mandatory Arbitration. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Riverside County, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules.
Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
24. Arbitration Costs and Attorney's Fees. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys' fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrators, and shall be awarded as part of the arbitrator's award.
25. Social Media Posts. The Customer agrees to not post online or otherwise any inaccurate, false or misleading statements related to services provided by this Agreement.
26. Entire Agreement. This Agreement, along with any order form, exhibits, invoices, and amendments, constitute the entire agreement between the parties with respect to the subject matter hereof, and supersedes any and all prior or contemporaneous oral and written communications, understandings or agreements relating to the subject matter hereof and thereof. This Agreement may be amended or modified only by a written agreement executed by UC and Customer.
27. Headings. The headings identifying the various sections and subsections of this Agreement are for reference only and do not define, modify, expand or limit any of the terms or provisions herein.
28. Severability. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
29. Waiver. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver.
CUSTOMER SIGNATURE
Signature:
Print Name.
Date
ILA
UNITEDCARPORTS.COM
Metal Carports � RV Covers • Garages • Sheds
Carports • • Garages • Sheds
uY)- of-11i42
1 -Ii as -, of-it,142
3% CONVENIENCE FEE IS ADDED TO ALL CREDIT CARD PAYMENTS.
DEPOSIT: $1,975.00
CONVENIENCE FEE: $ 59.25
TOTAL PAYMENT: $ 2,034.25
FULL NAME ON CARD:
CREDIT CARD NUMBER.
EXPIRATION DATE: _ CVC#:
BILLING ADDRESS'
CITY: STATE:
SIGNATURE.
VISA
DISC VER
1. —
1- . _
ZIP CODE
ADDITIONAL OPTIONS AND UPGRADES AVAILABLE
Below is a list of options/upgrades we have available at an additional cost, which does not come standard on our units. Please read below and let me know if you'd like pricing or have questions on any of these upgrades. Thank you.
BASE RAIL SEAL: Our metal base rail is anchored directly to the concrete and is not considered watertight, which means there can be leakage between the base rail and concrete. To try and avoid this we can add a seal/caulking around the base rail to keep water from seeping through if the slab size is larger than the framing.
COLORED SCREWS: The screws utilized are zinc/silver color, which are bolted to the outside of the colored paneling. We also offer colored screws, to match the panel color selected.
FOAM STRIPS: These are installed at the corners/eves where panels meet behind the trim.
Typically these are used to help keep critters and dirt out, and unit more watertight.
SKYLIGHTS: Skylights are a polycarbonate, ribbed, opaque panel. These are to be installed on VERTICAL style roof only.
RIDGE VENTS: We offer a ridge vent that would be installed onto a VERITCAL style roof only, that provides ventilation under the ridge where the roof comes to a peak. Cannot be installed with roof insulation (can only have one or the other).
26 GAUGE PANELING: The roof/siding comes in 29g paneling, which is standard in the industry.
However we offer a stronger 26 gauge PBR paneling, with larger rib profile.
INSULATION: Our insulation is a barrier bubble film with a white polyethylene exterior which is wedged between the framing and panels, prior to us bolting on the side/end walls. This can ONLY be installed on a vertical style roof. (Cannot be installed in the High Desert Areas. Cannot be installed with Skylights, Ridge Vent or Foam Strip options) Here is a link for more info on insulation http://www.radiantbarrier.com/double-white-insulation.htm .
VERTICAL SIDING: The siding on the side/end walls come standard with the ribs running horizontally, however we do offer a vertical siding as an option. Vertical siding can ONLY be installed on a slab the exact size of the framing/base rail and must be laser level.
SECTIONAL DOORS: Our website only provides pricing on standard roll up doors, however we do offer sectional doors in most of Southern California.
MOTORIZED DOORS: All of our roll up doors are manually rolled up by hand and do not come with a motor to open automatically. However we offer 'Lift Masters' on commercial roll up doors. These are to be delivery only and installed afterwards by the customer for $450/door.
CONCRETE SLAB: We offer concrete services for most areas within a 2 hour radius of our Riverside, CA factory.
PERMITTING SERVICES: We offer permitting services for most areas within a 2 hour radius of our factory. Permitting services run $3,500 for us to go back and forth to the building department for the customer, and does NOT include the cost of plans or permitting fees called out for by the building department. Cost does include site/plot plan. This process takes around 4-6 months to go through all departments and get final approval.
If there is something you do not see above that you want to know is available, please Customers Initials feel free to email or call your sales rep to discuss.
Placentia Cit Council
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DATE: JUNE 21, 2022
SUBJECT: AMENDMENT NO. 2 TO COMPRESSED NATURAL GAS FUELING STATION
LEASE AGREEMENT WITH TRILLIUM USA
FISCAL
IMPACT: REVENUE: $75,000 ANNUAL BASE LEASE PAYMENT (100000-4711) $14,500 FY 22-23 ESTIMATED FUEL ROYALTY PAYMENT
(100000-4706)
SUMMARY:
On June 21, 2011, the City entered into a Lease Agreement with Trillium USA to maintain and operate the City's Compressed Natural Gas fueling station located at the City Yard. The Lease Agreement provides the City with an annual base lease and fuel royalty revenue stream and the City does not incur any maintenance or operational costs to operate the station. The term of the Lease Agreement was for a period of 10 years. On June 15, 2021, the City Council approved a one-year term extension for this Lease Agreement. Staff proposes to extend the lease term for one (1) additional year through June 30, 2023 to provide the City with additional time to consider other alternatives and the long-term viability of continuing to operate this station. No other terms of the existing Lease Agreement are changed, and the City will continue to receive its base lease revenue and royalty payments for the next year.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve a one-year term Lease Agreement extension through June 30, 2023 with Trillium USA to operate the City's CNG fuel station; and
2. Authorize the City Administrator and/or his designee to execute all necessary documents, in a form approved by the City Attorney; and
3. Authorize the City Administrator to administratively approve another 12 -month term extension in 2023, if needed, and provided no other sections of the agreement are amended.
1.h.
June 21, 2022
City Council Agenda
June 21, 2022
DISCUSSION:
The City has operated a Compressed Natural Gas (CNG) fueling station at its Corporation Yard since 2003. The City uses this fueling station to fuel its two CNG vehicles and it is open to the general public as well. Some of the customers that regularly use the fueling station include AT&T, Placentia-Yorba Linda Unified School District, City of Anaheim, and other utility companies. The CNG station requires a high-level of maintenance that exceeds the City's in-house capabilities.
On June 21, 2011, the City entered into an Agreement with Trillium USA ("Trillium") to operate the station on the City's behalf for a period of 10 years. Trillium completed a number of capital improvements to the station upon executing the lease with the City in 2011. The term of the Lease Agreement guarantees the City with $75,000 in a base annual lease payment along with an annual royalty payment equal to 4% of all non -preferential revenue generated annually. In Fiscal Year 2020-21, the City received a total of $14,130.50 in addition to the base lease revenue. The City does not incur any maintenance, repair, or other operational costs associated with this station.
On June 15, 2021, the City Council approved a one-year Lease term extension with Trillium which is set to expire on June 30, 2022. A proposed Lease term extension is provided to the City Council for its consideration to extend the term of the lease for an additional 12 months through June 30, 2023. The Lease term extension will provide the City with time to evaluate the continued viability of this CNG station and to weigh other possible alternatives, which could potentially include converting the station to an electric vehicle fast -charging station. No other terms of the Agreement are changed with this proposed Amendment. The annual base lease payment of $75,000 and the 4% fuel royalty will still apply should the City Council elect to extend the term of the lease one (1) additional year.
FISCAL IMPACT:
The annual base lease payment for the term extension shall amount to $75,000 along with a 4% fuel royalty for all non -preferential revenue generated for the next 12 months.
Prepared by:
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Deputy City Administrator
Reviewed and approved:
Damien R. Arrula
City Administrator
Jer(nifer Lampma
Director of Finance
Reviewed and approved:
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Attachment:
Amendment No. 2 to CNG Station Lease Agreement with Trillium USA
AMENDMENT NO. 2 TO
LEASE OF CNG
FUELING STATION
This Amendment No. 2 ("Amendment") to the Lease of CNG Fueling Station is made and entered into effective the 21St day of June, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and Trillium USA Company, LLC, a Delaware limited liability company (hereinafter "LESSEE"). CITY and LESSEE are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and LESSEE entered into a Lease of CNG Fueling Station (the "Agreement") effective June 21, 2011 through which LESSEE has been operating the City's compressed natural gas fueling station located at the City Yard as more fully explained in the attached original Agreement.
(ii). The Parties now seek to amend the Agreement to extend the Term of the Agreement for an additional twelve (12) months
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Section 2, of the Agreement is hereby amended to add the following sentence to the end of the Section as follows:
"The Term of this Lease shall be extended for an additional twelve (12) months through June 30, 2023.
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, all amendments together with this Amendment and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes allprior negotiations, arrangements, representations, and understandings, if any, made by or betweenthe Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment shall be binding unless executed in writing byboth Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 2 to the Agreement are to be executed as of the day and year first above written.
TRILLIUM USA COMPANY, LLC CITY OF PLACENTIA
By: By:
JP Fjeld-Hansen Damien R. Arrula, City Administrator
ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
TO:
VIA:
FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
CHIEF OF POLICE
JUNE 21, 2022
AGENDA REPORT
SUBJECT: PLACENTIA S.T.R.O.N.G. PROJECT GRANT FUNDING BY THE PROJECT
SAFE NEIGHBORHOODS
FISCAL
IMPACT: EXPENSE: $ 537,160
REVENUE: $ 537,160 PROJECT SAFE NEIGHBORHOODS
SUMMARY:
The City Council provided direction to Staff to examine ways the City could improve staffing and resources dedicated toward gang enforcement and prevention. Subsequent to that direction, Police Department Staff (Staff) worked with Townsend Public Affairs, Inc. (Townsend) on a grant application with Project Safe Neighborhoods. Launched in 2001, the Project Safe Neighborhoods (PSN) program is a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. PSN is coordinated by the U.S. Attorney's Offices in the 94 federal districts throughout the 50 states and U.S. territories.
PSN grant funding would support the proposed Placentia S.T.R.O.N.G. Project that will allow our police personnel to undertake Systemic Teaching for the Reduction Of Neighborhood Gang - activity. Working with Townsend, Staff developed the framework for addressing these concerns within our City. The project will operate under the PSN timeline that all awarded proposals will be completed within three (3) years of the award date. In addition to the previous major goals stated, the Placentia S.T.R.O.N.G. Project will also include the implementation of increased participation in Lot 318, increased participation in the Orange County Gang Reduction and Intervention Partnership (OC GRIP) operated by the Orange County District Attorney's Office, and a Placentia Community Outreach Initiative.
The City of Placentia (the 'City') was approved and awarded grant funds for the "Placentia S.T.R.O.N.G. Project." This agenda report will allow the City Council to accept and receive the funds for the aforementioned program.
RECOMMENDATION:
It is recommended that City Council take the following actions:
1. Authorize the City's participation in the Placentia S.T.R.O.N.G. Project; and
1.i.
June 21, 2022
City Council Agenda
June 21, 2022
2. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney and accept the program funds.
DISCUSSION:
Last year, Staff worked with Townsend on a grant application with Project Safe Neighborhoods.
Launched in 2001, the Project Safe Neighborhoods (PSN) program is a nationwide initiative that brings together federal, state, local, and tribal law enforcement officials, prosecutors, community leaders, and other stakeholders to identify the most pressing violent crime problems in a community and develop comprehensive solutions to address them. PSN is coordinated by the U.S. Attorney's Offices in the 94 federal districts throughout the 50 states and U.S. territories.
A major goal of PSN is to incorporate research and data analysis, and lessons from other violent crime reduction initiatives, to inform its decision -making on the most effective violence reduction strategies. This major goal will be accomplished by addressing criminal street gang activity, the felonious possession and use of firearms, fostering trust and legitimacy in our communities, supporting community -based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results of our efforts. And the U.S. Department of Justice expressly underscores that the fundamental goal of this work is to reduce violent crime in the places we call home, not to increase the number of arrests and prosecutions as if they were the ends in themselves.
The City is in dire need of Intervention/Prevention/Outreach resources. We need increased intervention and prevention on behalf of our at -risk youth as they are recruited and terrorized by the three rival criminal street gangs (Plas, La Jolla, and Atwood) that operate in the City. In addition, they are also in the crossfire of other competing criminal street gangs that operate in surrounding cities and counties.
PSN grant funding would support the proposed Placentia S.T.R.O.N.G. Project that will allow our police personnel to undertake Systemic Teaching for the Reduction Of Neighborhood Gang - activity. Working with Townsend, Staff developed the framework for addressing these concerns within our City. The project will operate under the PSN timeline that all awarded proposals will be completed within three years of the award date. In addition to the previous major goals stated, the Placentia S.T.R.O.N.G. Project will also include the implementation of increased participation in Lot 318, increased participation in the Orange County Gang Reduction and Intervention Partnership (OC GRIP) operated by the Orange County District Attorney's Office, and a Placentia Community Outreach Initiative.
Specifically, PSN funds will be used for police personnel, fringe benefits, radios, and educational handouts. The funding was designed to be provided over a three-year period, initially planned from September 2020 through September 2023, however there was a slight delay due to the nationwide pandemic and reduced staffing levels. Staff are now asking that the City take receipt of this funding for Fiscal Year 2022-23. The City will receive $537,160 in funds to be used in compliance with the goals set forth by the PSN.
City Council Agenda
June 21, 2022
FISCAL IMPACT:
The City has been awarded $537,160 from the PSN program for the Placentia S.T.R.O.N.G.
Project to provide funding for additional gang enforcement and prevention. The grant funds will be used to pay for personnel & fringe benefits, without supplanting, and will fund: one (1) existing Gang Officer (100%), two (2) existing Police Officers (100%), and one (1) existing Sergeant (50%). The awarded funds will all be used in FY 2022-23, ending on June 30, 2023.
Submitted by:
James Moflffinney
Captain
Reviewed and approved:
ti
Jennifer Lampman
Finance Director
Attachments:
1. Grant Application
2. PSN Subaward Agreement
Reviewed and approved:
rad Butts
Chief of Pofii
Reviewed and approved:
Damien R. Arrula
City Administrator
Cover Sheet
Applicant agency
applying for funds:
City of Placentia
Physical Address:
401 E. Chapman Ave. Placentia, CA 92870
Mailing Address:
401 E. Chapman Ave. Placentia, CA 92870
Applicant Agency
Contact:
Darin Lenyi, Chief of Police
(714) 993-8211
dlenyi@ 3lacentia.orc
Project Director:
James McElhinney, Captain
(714) 993-8170
[email protected]
Project Title:
"Placentia S.T.R.O.N.G. Project
(Systemic Teaching for the Reduction Of Neighborhood
Gang -activity)"
Request Amount:
$537,160.00
Proposed Start date:
July 01, 2021
EIN:
95-6000763
DUNS Number:
040504417
SAM Registration Status:
Active
Project Safe Neighborhoods 2018 I City of Placentia
Statement of the Problem (SAP)
• Identify the existing need and problem.
The City of Placentia (the City) is in dire need of Intervention/Prevention/Outreach resources.
We need increased intervention and prevention on behalf of our at -risk youth as they are recruited and terrorized by criminal gangs. And we need increased community outreach to break street gangs' chokehold on our most vulnerable neighborhoods.
The City is a small, quiet bedroom community located in northern Orange County, California.
Our residents are committed to keeping Placentia a pleasant place to live by providing a safe family atmosphere, superior public services, and policies that promote the highest standards of community life. The City is a proudly diverse American community. Asian American and Latinx residents make up over half of our population. Likewise, half of our local businesses are minority - owned.
Unfortunately, our City's location puts us in the crossfire of street gangs operating within both the Orange and Los Angeles counties. Turf conflicts between the rival Plas, La Jolla, and Atwood street gangs put our residents' lives at risk. Each of these three gangs operate with a core membership of 75-100, even swelling to as many as 250 members at any given time. These gangs are "turf gangs", defining themselves as the territory that they control or take by force.
Our youth are at extreme risk as street gangs attempt to recruit our young men. If recruited youth do not join, this immediately paints a target on their backs. They may be attacked by gangs in retaliation or because they are mistaken on the streets as rival gang combatants.
Effective policing is impossible without the support and trust of our community. The aftermath of the George Floyd tragedy has left many to question the tactics, training, and overall use of force philosophies of modern-day law enforcement. The philosophies and training of the Placentia Police Department and the practical application of field tactics have created a culture within the organization that respects the civil liberties of all that we serve.
The current national environment can create a rift between law enforcement agencies and their neighborhoods, a rift that criminal gang members are quick to take advantage of. The City is in dire need of Intervention/Prevention/Outreach resources. Our police department is committed to meaningful community -oriented policing methods, where trust between officers and residents can create truly safe neighborhoods.
The proposed Placentia S.T.R.O.N.G. Project will allow our officers to undertake Systemic Teaching for the Reduction Of Neighborhood Gang -activity. In doing so, they will work together with residents to create a safe neighborhood, not one where the community constantly fears gun violence.
• Include relevant data, such as jurisdiction arrest and crime rates.
Two separate injunctions were enacted in 2015 by the Orange County District Attorney's Office to combat the violence perpetrated by the rival Plas and La Jolla street gangs in Placentia, California. Through these two injunctions from the Orange County District Attorney's Office has Project Safe Neighborhoods 2018 I City of Placentia Page 2
explicitly flagged the City of Placentia as a hotspot for both street gang activity and violent turf wars between gangs.
• Identify the Project Safe Neighborhoods (PSN) program strategy that will be utilized (prevention, intervention, re-entry or law enforcement).
The proposed Placentia S.T.R.O.N.G. Project will utilize the PSN program strategy of Intervention/Prevention/Outreach/Reentry: Prevention, outreach, engagement, and reentry programs that provide services for at -risk communities to address drivers of gun and gang violence, repeat and habitual offenders, and to provide outreach programs to Federal Firearm Licensees and the public to encourage responsible and safe gun ownership and to prevent the use of illegal straw purchasers.
• Identify the Targeted Enforcement Area (TEA).
The Targeted Enforcement Area (TEA) for this project will be the City limits of the City of Placentia.
• Demonstrate an understanding of the PSN program strategy goals and timeline.
The City of Placentia has a full understanding of Project Safe Neighborhood's strategy goals:
to create and foster safer neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and the felonious possession and use of firearms.
The City of Placentia has years of experience protecting its residents from the creeping influence of violent street gangs. Each of the three prominent gangs in our City operate with a core membership of 75-100, even swelling to as many as 250 members at any given time. These gangs are "turf gangs", defining themselves as the territory that they control or take by force. The City is acutely aware that the reduction of these gangs and the reduction of their criminal access to firearms is vital to creating truly safe neighborhoods within our City.
The City of Placentia has a full understanding of Project Safe Neighborhood's timeline. Award letters & Sub -grant Agreements will be released by September 2020. All awarded proposals will be completed within three years of this award date.
The City of Placentia has years of experience successfully executing crime reduction and public safety programs similar to Project Safe Neighborhoods, including:
OC GRIP
For years, the City has been an active member of the Orange County Gang Reduction and Intervention Partnership (OC GRIP), a county wide initiative focused on decreasing gang - activity and increasing school attendance among at -risk youth.
North Orange County Public Safety Task Force
For the last three years been an active member have participated in the North Orange County Public Safety Task Force program, specializing in recidivism, youth gang violence, and homeless issues relative to quality of life. These years of experience in cross -law enforcement agency collaboration to reduce gang -activity among our most vulnerable youth gives us an intimate understanding of PSN's goals.
Project Safe Neighborhoods 2018 I City of Placentia Page 3
The City has an excellent track record in complying with grant agreements, completing all set goals of a program, and completing a program on time.
Program Design and Implementation
The Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) will be implemented from July 01, 2021 through June 30, 2023. Implementation will consist of the following three (3) focus efforts: Increased participation in Lot 318 program; Increased participation in the OC Grip program; and a Placentia Community Outreach Initiative.
1. Increased participation in Lot 318 program:
The Lot 318 program provides after school nutrition and after school tutoring. By addressing the basic needs of food and education, this program is able to give our most vulnerable youth the tools to succeed. This will increase our intervention and prevention efforts as youth do not view education as impossible and violent gang recruitment as their only option for advancement.
The Lot 318 program is headquartered in an area of approximately 5,000 homes, between two of these turf gangs. In the past 13 years, LOT318's efforts have proven successful in drawing the youth away from gang activity and improving their educational performances.
Police officers will have the resources and the opportunities to participate in this program directly, providing one -one -one support to youth and building long-term relationships of trust between our law enforcement and our youth residents. At -risk youth will view our police officers as supporters who wish to see them succeed, not as an enemy who wants to see them go directly from schools to prisons.
2. Increased participation in the OC GRIP program:
Police officers will have the resources and the opportunities to participate in this program with more frequency, increase resources and opportunities needed for more targeted and personalized outreach, encouraging our kids to stay in school.
This will allow police officers to reach our at -risk youth residents before the gangs can. Police officers will be able to mentor our youth on a personalized level, increasing school attendance and decreasing gang activity.
Police officers will have the resources and the opportunities to build long-term relationships with our most vulnerable youth and their families. This will increase intervention and prevention as youth will not view education as impossible and violent gang recruitment as their only option for advancement.
3. Placentia Community Outreach Initiative:
Police officers will have the resources and the opportunities to hold regular community meetings and education events on community gang prevention, cooperative community - oriented policing tactics, and signs to look for in creeping gang activity.
Project Safe Neighborhoods 2018 I City of Placentia Page 4
This Community Outreach will our officers the opportunities to dispel any fear among residents that the police in their neighborhood are just another turf gang fighting for dominance. Instead we will build a long-term relationship of trust between our residents and our officers.
Police officers will have the resources and the opportunities to create systemic teaching within their communities to reduce gang activity. Residents of Placentia will be able to stand "S.T.R.O.N.G." actively creating safe neighborhoods together with law enforcement, as opposed to passively living in fear.
Capabilities/Competencies
• Applicant must fully describe the applicant's capabilities to (1) implement the program within the identified area; and (2) implement the program within the established project timeline.
The City of Placentia and the Placentia Police Department are fully capable to implement the program within the identified area. Our police officers are committed to the delivery of compassionate and professional police services. We are able to achieve this through building long-term relationships with our communities.
Our police officers are trained in community -oriented police tactics, putting the safety and wellness of our residents first. In the past three years, there has not been a single formal complaint filed with our department, of racial profiling or any other racial based allegation. There have also not been any deadly force incidents by officers in the same time period. This track record of professionalism and respect allows our police officers to work closely alongside residents throughout the entire City.
The City of Placentia has a full understanding of Project Safe Neighborhood's timeline. Award letters & Sub -grant Agreements will be released by September 2020. All awarded proposals will be completed within three years of this award date.
The City of Placentia has years of experience successfully executing crime reduction and public safety programs similar to Project Safe Neighborhoods, including years of successful participation in the Orange County Gang Reduction and Intervention Partnership (OC GRIP), and North Orange County Public Safety Task Force program. These many years of experience in cross -law enforcement agency collaboration to reduce gang -activity demonstrates our capacity to implement a complex program and administrate it to completion within a set timeline. The City has an excellent track record in complying with grant agreements, completing all set goals of a program, and completing a program on time.
• Demonstrate expertise in collaborating with local, state, and federal law enforcement, and/or criminal justice partnerships (including the United States Attorney's Office).
The City has years of experience in cross -law enforcement agency collaboration to reduce gang -activity among our most vulnerable youth, including collaboration efforts with:
Orange County Gang Reduction and Intervention Partnership (OC GRIP):
The City is an active participant in the award -winning gang reduction goals of the OC GRIP law enforcement. Hundreds of police officers across the County coordinate Curfew Sweeps in areas with a high volume of gang and/or criminal activity and all gang injunction safety Project Safe Neighborhoods 2018 I City of Placentia Page 5
zones to prevent minors from being victims of or participating in gang crimes. The program has rescued children as young as 6 years old roaming the streets past curfew.
OC GRIP teams consisting of deputy district attorneys, police officers, school principals and administrators go to the home of students with excessive truancy problems or 10 or more unexcused days of absence and conduct Truancy Interventions for students and parents to decrease truancy and support positive student attendance. Students are taken to school in a patrol car and counseled with their parents by the intervention team.
Orange County District Attorney's Office
The Orange County District Attorney's Office (OCDA) is a criminal justice agency partner that the City of Placentia has years of experience collaborating with directly, particularly in targeted enforcement and prevention activities.
The City of Placentia worked directly with the OCDA in 2015 to enact two injunctions against the rival Plas and La Jolla street gangs in Placentia, California. Through these two injunctions, the City and the OCDA worked in partnership to execute targeted enforcement and prevention activities reducing street gang activity and violent turf wars between rival gangs.
We also work collaboratively with both the Orange County Probation and California State Parole Agents. We have extensive experience collaborating directly with these agents, often riding along with our gang enforcement officers.
• Demonstrate experience in addressing gun and gang violence, gang violence associated with conflict over turf, narcotics distribution, aggression, and/or shootings.
The City of Placentia and the Placentia Police Department have extensive experience in addressing the dangerous effects of gun and gang violence and gang associated with conflict over turf. For years, the City has been an active member of the Orange County Gang Reduction and Intervention Partnership (OC GRIP), specializing in decreasing gang -activity and increasing school attendance among at -risk youth. In addition, the City has for the last three years been an active member have participated in the North Orange County Public Safety Task Force program, specializing in recidivism, youth gang violence, and homeless issues relative to quality of life.
These years of experience in cross -law enforcement agency collaboration to reduce gang -activity among our most vulnerable youth gives us an intimate understanding of gun and gang violence, gang violence associated with conflict over turf.
• Demonstrate experience in working with law enforcement, criminal justice agencies, and/or community -based partners on targeted enforcement, prevention activities, and/or community engagement.
The City has years of experience in collaboration with law enforcement, criminal justice agencies, and/or community -based partners on targeted enforcement, prevention activities, and/or community engagement. The most prominent partnerships include:
Lot 318
The Lot 318 program is a community -based partner specializing in prevention activities and community engagement. They are headquartered in the La Jolla neighborhood of Placentia, California, to better serve some of the most underprivileged and at -risk youth in the City. The program further serves youth throughout California's heavily urbanized Orange County.
Project Safe Neighborhoods 2018 I City of Placentia Page 6
The City of Placentia and the Placentia Police Department has actively participating in this youth mentorship for the last three years. This collaboration has built long-term relationships of trust between at -risk youth, their families, and police officers. We exist to walk alongside at - risk youth and their community by empowering them to see their worth and purpose in this world.
We accomplish this by holding various events and service opportunities to open their eyes to the world around us. We challenge them to serve others in the community and make a difference among their peers. Our goal is to give them opportunities they may never have had, to help them become a positive influence and force in our world. We give them access to achieving their dreams through after -school Homework Club to help and tutor through their schoolwork.
We strive to remain in consistent fellowship with one another in not only our community but throughout Orange County. It is our objective to bridge the racial and socioeconomic gaps that exist within our surrounding areas in order to create and bring peace amongst our neighbors.
Orange County Gang Reduction and Intervention Partnership (OC GRIP' The OC GRIP is a law enforcement partner specializing in targeted enforcement, prevention activities, and community engagement. Through this award -winning program, hundreds of police officers coordinate Curfew Sweeps in areas with a high volume of gang and/or criminal activity and all gang injunction safety zones to prevent minors from being victims of or participating in gang crimes. The program has rescued children as young as 6 years old roaming the streets past curfew.
OC GRIP teams consisting of deputy district attorneys, police officers, school principals and administrators go to the home of students with excessive truancy problems or 10 or more unexcused days of absence and conduct Truancy Interventions for students and parents to decrease truancy and support positive student attendance. Students are taken to school in a patrol car and counseled with their parents by the intervention team.
Orange County District Attorney's Office (OCDA)
The Orange County District Attorney's Office (OCDA) is a criminal justice agency partner that the City of Placentia has years of experience collaborating with directly, particularly in targeted enforcement and prevention activities.
The City of Placentia worked directly with the OCDA in 2015 to enact two injunctions against the rival Plas and La Jolla street gangs in Placentia, California. Through these two injunctions, the City and the OCDA worked in partnership to execute targeted enforcement and prevention activities reducing street gang activity and violent turf wars between rival gangs.
We also work collaboratively with both the Orange County Probation and California State Parole Agents. We have extensive experience collaborating directly with these agents, often riding along with our gang enforcement officers.
Placentia-Yorba Linda Unified School District (District) The District is a community -based partner specializing in targeted enforcement, prevention activities, and community engagement. The City provides have two School Resource Officers (SROs) to the district, with several duties at their schools. Through collaboration with the Project Safe Neighborhoods 2018 I City of Placentia Page 7
District, their primary objectives include preventing drug and alcohol abuse; preventing juvenile delinquency through close contact with students and school personnel; and protecting the school, staff, and students. The SROs investigate delinquent acts within the school system and crimes within the community that are school related. The SROs are also responsible for improving the image of the uniformed law enforcement officer in the eyes of the students and community.
Plan for Collecting Required Data
• Describe the process for measuring project performance.
Over the course of program performance and the implementation of its three focus efforts, the City of Placentia will produce reports to show reduction in violent and gang related crimes. In particular, a focus will be placed on a reduction in participation by juveniles in afterhours crimes, truancy, runaways. These metrics will be noted as an indicator that at -risk youth are receiving intervention before street gang influence can recruit these youth to more lethal criminal activity such as gun violence. These metrics will be included in the required two (2) separate Progress Reports on the programmatic accomplishments made toward the goals of the sub -grant agreement.
The City will also account for program income and costs generated by the activities of this agreement and shall report receipts and expenditures of this income on a Program Income/Federal Forfeiture form as stated within the Certified Assurances. This accounting will be included in the quarterly (4) Financial Status Reports on our financial activity. • Indicate who will be responsible for submitting Quarterly Progress Reports and Performance Measurement Tool Reports.
Lieutenant Adam Gloe
714-993-8159
[email protected]
Project Safe Neighborhoods 2018 I City of Placentia Page 8
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
GRANT SUBAWARD LETTER (GRANT AGREEMENT)
SUMMARY OF GRANT SUBAWARD TERMS AND CONDITIONS
Federal Award Identification
U.S. Department of Justice (US DOJ), Office of
Justice Programs (OJP), Bureau ofJustice
Assistance (BJA)
Subrecipient
City of Placentia
Subrecipient's DUNS Number
040504417
Federal Award Identification Number (FAIN)
2019-GP-BX-0134
Federal Award Date
10/1/2019 - 9/30/2022
Grant Program
2018 Project Safe Neighborhoods (PSN)
Federal Statutory Authority
This project is supported under FY 2018 (BJA —
Project Safe Neighborhoods Award) Public Law
115-141, 132 Stat. 348, 420: title I of Public Law
90-351 (generally codified at 34 U.S.C. ch. 101);
28 U.S.C. 530C(a)
Subaward Issuance Date (Start Date)
7/1/2021
Subaward Expiration Date (End Date)
9/30/2022
Subaward Funds Awarded to Subrecipient
$537,160
Total Amount of the Federal Award (this is not
$1,800,290
the amount of this grant agreement)
Grant Authority/Fiscal Agent
The Children's Initiative
3625 Ruffin Road, Ste. 100
San Diego, CA 92123
(858) 581-5880
[email protected]
Catalog of Federal Domestic Assistance (CFDA)
16.609
Is this Subaward for Research and
Development?
No
Project Title
Placentia S.T.R.O.N.G. Project (Systemic Teaching
for the Reduction Of Neighborhood Gang -activity)
Grant Purpose
Project Safe Neighborhoods is designed to foster
safer neighborhoods through a sustained
reduction in violent crime, including, but not
limited to, addressing criminal gangs and
felonious possession and use of firearms. The
program's effectiveness depends upon the
ongoing coordination, and partnerships of local,
state, and federal law enforcement agencies —
and the communities they serve — engaged in a
unified approach led by the U.S. Attorney (USA) in
all 94 districts.
1 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
SUBAWARD AGREEMENT
Between
The Children's Initiative, Inc.
and
City of Placentia
The term of this Subaward agreement ("Agreement") shall commence on July 1, 2021, and continue through and including September 30, 2022, unless terminated earlier as provided herein. In no event shall the total approved grant amount exceed $537,160 for all goods, labor, and services to be provided by the Subrecipient.
The Agreement is subject to and contingent upon sufficient funds being appropriated, budgeted, and otherwise made available by the Federal source.
This Agreement for the federally funded Project Safe Neighborhoods by and between the Children's Initiative, Inc., a nonprofit 501(c)3 agency whose mission is to improve the well-being of children and youth in San Diego County existing under the laws of the State of California, located at 3625 Ruffin Road #100, San Diego, CA 92123, and City of Placentia, located at 401 E. Chapman Ave. Placentia, CA 92870, recites and provides as follows:
RECITALS
WHEREAS, City of Placentia, DUNS: 040504417 submitted a proposal in response to the Office of the United States Attorney (USAO), Central District of California solicitation to fund projects that will enhance progress towards the reduction of gun violence and gang activity through intervention, prevention, outreach, reentry programs;
AND WHEREAS, the Children's Initiative is the fiscal agent of a grant for the project/program entitled Project Safe Neighborhoods (PSN), (CFDA Number16.609) (the "Master Agreement" or "Grant") from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) hereinafter referred to as the "OJP."
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
1 REQUIREMENTS
Subrecipient shall at all times perform its obligation hereunder in compliance with all applicable federal, state, and local laws, rules, regulations, Subaward policy terms, special conditions, and requirements contained in applicable OJP Grant policy statements imposed by program statutes and regulations, grant administration regulations as outlined in the Office of Management and Budget (OMB) Guidance for Grants and Agreements, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards and the provisions of the Office of Justice Program's (OJP) DOJ Grants Financial Guide, including without limitation to the following exhibits:
1. Exhibit A, Statement of Work
2. Exhibit B, Approved Budget
3. Exhibit C, Special Conditions, Assurances
4. Exhibit D, Federal Agency Regulations, Uniform Guidance Citation, Authorizing Program Statute
5. Exhibit E, Insurance
In the event of a conflict or inconsistency between this Subaward and any Exhibit or attachment, such conflict or inconsistency shall be resolved by reference to the documents in the following order of priority:
1. Exhibit D, Federal Agency Regulations, Uniform Guidance, Authorizing Program Statute
2. Exhibit C, Special Conditions
3. The provisions of the other sections of the main body of this Agreement
4. Exhibit B, Budget
5. Exhibit A, Statement of Work
Subrecipient agrees to adhere to the accounting principles and procedures required herein, use adequate internal controls, and maintain necessary source documentation for all costs incurred. 2 RELATIONSHIP OF PARTY
Subrecipient is an independent contractor with respect to all activities performed under this Agreement and agrees to accept full and exclusive liability for the payment of any contributions or taxes for social security, unemployment benefits, pensions, and annuities now or later imposed under any state or federal laws which are measured by the wages, salaries or other remuneration paid to persons employed by Subrecipient on activities performed under the terms of this Agreement. 3 ENTIRE AGREEMENT
This Agreement, together with all Sections attached hereto and other agreements expressly referred to herein, constitute the entire Agreement between the parties with respect to the subject matter contained herein. All prior or contemporaneous agreements, understandings, representatives, warranties, and statements, oral or written, including any proposals from Subrecipient and requests for proposal from the Children's Initiative, are superseded. 3 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
4 GOVERNING LAW
This Agreement, the relations, rights, and duties of the parties among themselves, and matters pertaining to them in this Agreement, shall be governed by and construed in accordance with the laws of the State of California.
5 COMPLIANCE WITH LAWS AND REGULATIONS
Subrecipient agrees to perform its obligation in compliance with all applicable federal, state, and local laws, rules, regulations, current and hereinafter enacted, including facility and professional licensing and/or certifications laws, and shall keep in effect any and all licenses, permits, notices, and certificates as are required. Subrecipient shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health, and sanitation. 6 SIGNATURE AUTHORITY
The person identified on the signature page (Signature Authority) shall ensure that Subrecipient's duties under this Agreement are performed on behalf of the Subrecipient by qualified personnel; Subrecipient represents and warrants that:
• Subrecipient has fulfilled all applicable federal, state, and local laws, rules, regulations, Subaward policy terms, special conditions requirements to perform the services under this Agreement; and
• Subrecipient's Signature Authority has full authority to act for Subrecipient hereunder.
If there has been a change in the Signature Authority since the Subaward Application was submitted, or if the Subrecipient was notified that the proper contracting authority was not secured on the application at the time it was submitted, the Agreement must be signed by the current and correct Signature Authority. Change in Signature Authority must be documented in writing and submitted to the Children's Initiative within ten (10) days of the change. 7 PROJECT OFFICIAL
The Subrecipient shall notify the Children's Initiative, in writing, of any change to individuals the Children's Initiative has on record as the authorized Project Official. One signed copy of the Change in Project Official form (one form for each change), signed by either the Project Director or the Signature Authority, must be submitted to the Children's Initiative within ten (10) days following the change. The Signature Authority should sign the form when requesting a change for a new Project Official. 8 COMMENCEMENT OF STATEMENT OF WORK (PROJECT)
If a project is not operational within sixty (60) days of the approved Start Date, the Subrecipient must report, in writing, to the Children's Initiative: (1) the steps being taken to initiate the project; (2) the reasons for the delay; and (3) the projected Start Date. 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
9 STATEMENT OF WORK
Subrecipient shall perform the work described in the "Statement of Work" attached as Exhibit A to this Agreement, and by this reference incorporated herein. The Children's Initiative shall have no liability to compensate or reimburse Subrecipient for the delivery of any goods or the performance of any services that are not specifically set forth in the Agreement.
10 RISK ASSESSMENT
Subrecipient understands that the Children's Initiative has conducted a risk assessment and determined the Subrecipient's level of risk. The Children's Initiative may conduct risk assessments throughout the project period, after scheduled reports, audits, unanticipated issues, or other adverse circumstances that may arise.
11 NOTICES AND REPRESENTATIVES
Each party shall identify an individual to be the principal representative of the designating party and shall provide this information to the other party. Notices to either party shall be in writing and personally delivered; sent by certified mail, postage prepaid, return receipt requested; or emailed to the Grant Administrator at the Children's Initiative. Any such notice shall be deemed received by the party (or such party's authorized representative) on the earliest date of personal delivery, three (3) days after deposit in the U.S. Mail, or upon sending of an email from which an acknowledgment receipt has been received other than an out of office, unavailable, or undeliverable reply. 12 MODIFICATION
A. Budget Modification
Subrecipient shall submit a request for a budget revision, in writing, to the Children's Initiative and must receive written approval from the Children's Initiative before deviating from the current Approved Budget (Exhibit B). One signed copy of the Budget Revision form, with the signature of the Project Director, must be submitted at least thirty (30) days in advance of the requested change. The revision is not approved until the Subrecipient receives a signed, approved copy of the form from the Children's Initiative. Verbal approval is not sufficient. Depending on the scope of the change requested an Agreement Modification may be required in addition to the signed Budget Revision form. The Grant Administrator will make the determination in reviewing the submitted Budget Revision form, applying federal rules, and will notify the Subrecipient if further action is needed.
A budget revision does not increase the amount of the total Approved Budget; it simply moves money from one Budget Category to another. (2 C.F.R. 200.308 Revision of budget and program plans). 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
B. Modification of Other Subaward Terms
If during the course of the project the Subrecipient finds it necessary to add, modify, or delete goals and/or objectives the Subrecipient shall notify the Children's Initiative, in writing, of its request to add, modify, or delete goals and or objectives. Any modification which could potentially change the overall scope of the Subrecipient's Statement of Work (Exhibit A) may not be approved by the Children's Initiative.
Any changes to the approved Agreement that will result in a modification to the Agreement must be received, in writing, ninety (90) days prior to the end of the Subaward period and completed sixty (60) days prior to the end of the Subaward period. Amendment requests received after the ninety (90) day deadline will be denied.
One signed copy of the Modification of Other Agreement Terms, signed by the Project Director, must be submitted, in writing, to the Children's Initiative to request approval of the changes. Verbal approval is not sufficient. If approved, the Children's Initiative will issue an Agreement Modification. An Agreement Modification must be executed (signed by the appropriate Subrecipient and other officials as appropriate). If denied, a copy with the Children's Initiative denial reason will be provided in writing for the Subrecipient's Subaward file.
The Subrecipient shall notify the Children's Initiative, in writing, of any disengagement from the project for more than three months, or a 25 percent reduction in time devoted to the project. (2 C.F.R. 200.308).
Special Conditions (Exhibit C) may be changed on a very limited basis as the majority of special conditions are mandated by terms of the Federal Award. Major deviations from the original goals and objectives (Exhibit A — Statement of Work) approved for this project and Special Conditions changes require the issuance of an Agreement Modification prior to becoming effective.
C. Reduced Need
In the event that funds will not be fully utilized by the Subrecipient based on a reduced need for the funds, the Subrecipient must notify the Children's Initiative, in writing, indicating the reasons for reducing the original Subaward. Upon approval, the Children's Initiative may issue an amendment to the Agreement indicating the revised Subaward amount.
13 ASSIGNMENT AND SUBCONTRACTING
Subrecipient shall not assign any interest or enter into any Subaward in connection with its obligations under this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the Children's Initiative. The Subrecipient shall make no agreement with any party for furnishing any of the work or services herein contained without the prior written consent of the Children's Initiative.
12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
14 SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held to be invalid, void, or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant, or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 15 RESPONSIBILITY OF SUBRECIPIENT
Subrecipient agrees to furnish the necessary resources, materials, services, and otherwise to do all things necessary for the performance of the work described in Statement of Work, which is incorporated into the Agreement as Exhibit A, along with the Budget required for that performance, which is incorporated into the Agreement as Exhibit B. Subrecipients shall provide reports by the dates specified by the Children's Initiative in compliance with Section 34 (Reporting). 16 CONFLICTS OF INTERESTS
Subrecipient shall not engage in any business or activities or maintain any relationships that conflict in any way with the full performance of the obligations of Subrecipient under this Agreement. Subrecipient acknowledges that, with respect to this Agreement, even the appearance of a conflict of interest shall be harmful to the Children's Initiative's interests. Subrecipient shall refrain from any practices, activities, or relationships that reasonably appear to be in conflict with the full performance of Subrecipient's obligations under this Agreement. If a conflict or the appearance of a conflict has arisen, Subrecipient shall submit within ten (10) days, in writing, to the Children's Initiative a disclosure statement setting forth the relevant details of a conflict or appearance of conflict in accordance with applicable Federal awarding agency policy (2 C.F.R. 200.112 and 2 C.F.R. 200.318 (c) (1) (2)).
Subrecipient further covenants that no referrals of clients through Subrecipient's intake or referral process shall be made to the private practice of any person(s) employed by Subrecipient.
Subrecipient shall inform the Children's Initiative, in writing, of all the Subrecipient's interests, if any, which are or which the Subrecipient believes to be incompatible with any interests of the Children's Initiative.
The Children's Initiative reserves the right to terminate any Agreement on the grounds of actual or apparent conflict of interest. Any attempt to intentionally or unintentionally conceal or obfuscate a conflict of interest will automatically result in the termination of the Agreement.
Subrecipient shall not, under circumstances that might reasonably be interpreted as an attempt to influence the subrecipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the Subrecipient is doing business or proposing to do business, in accomplishing the work under the Agreement.
7 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
17 FINANCIAL AND ADMINISTRATIVE MANAGEMENT
Subrecipient agrees to establish and maintain adequate accounting and financial management systems and such records as necessary to accurately account for funds awarded. (§§200.300 - 200.309 Standards for Financial and Program Management). The systems must be designed with an adequate method of internal controls to safeguard the Subaward funds and is able to record and report on the receipt, obligation, and expenditure of the Subaward funds. Subrecipient agrees that the system must provide cost and property controls to ensure optimal use of Subaward funds, conformance with management policies, and any general or Special Conditions of the Subaward (Exhibit C).
The Subrecipient shall keep detailed accounting records and documentation to track the following information: (1) Federal funds awarded; (2) Federal funds drawn down; (3) matching funds of the state, local and private organizations, when applicable; (4) program income; (5) Subawards (amount, purpose, award conditions, and current status); (6) contracts expensed against the Subaward; and (7) expenditures. (Subpart D of 2 C.F.R. Part 200), including 2 C.F.R.200.302).
Subrecipient agrees to maintain an accounting system to ensure that agency funds are not commingled with funds from other Federal or private agencies. Subrecipient understands: (1) the accounting system shall account for each award separately; (2) is prohibited from commingling funds on either a program - by -program or project -by -project basis; and (3) funds specifically budgeted and/or received for one project may not be used to support another. If Subrecipient's accounting system cannot comply with this requirement, the Subrecipient shall establish a system to adequately track funds according to each budget category.
Subrecipient assures that fund accounting, auditing, monitoring, evaluation procedures and such records as necessary will be maintained to assure adequate internal fiscal controls, proper financial management, efficient disbursement of funds received, and maintenance of required source documentation for all costs incurred. These principles must be applied for all costs incurred whether charged on a direct or indirect basis. (2 C.F.R. 200.303) 18 SUPPLANTING
In no event shall Subrecipient or its officers, employees, agents, subcontractors, or assignees supplant state, county, local, or other governmental General Fund money with Federal funds for any purpose.
Federal funds must be used to supplement existing funds for program activities and not replace those funds, which have been appropriated for the same purpose. Potential supplanting will be the subject of application review, as well as pre -award review, post -award monitoring, and audit. If there is a potential presence of supplanting, the Subrecipient will be required to supply documentation demonstrating that the reduction in non -Federal resources occurred for reasons other than the receipt or expected receipt of Federal funds.
Subrecipient agrees that Subaward funds may not be used for other than the awarded purpose. In the event, Subrecipient expenditures do not comply with this condition that portion not in compliance will not be reimbursed to the Subrecipient and any advanced funds must be refunded to the Children's Initiative for reimbursement to OJP.
8 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
19 SUBRECIPIENT'S AGENTS AND EMPLOYEES OR SUBCONTRACTORS Subrecipient shall obtain, at Subrecipient's expense, all agents, employees, and subcontractors required to perform its duties under the Agreement and all such services shall be performed by the Subrecipient's Signature Authority, or under the Signature Authority's supervision, by persons authorized by law to perform such services. Retention by Subrecipient of any agent, employee, or subcontractor shall be at the Subrecipient's sole cost and expense, and the Children's Initiative shall have no obligation to pay Subrecipient's agents, employees, or subcontractors; to support any such person's or entity's claims against the Subrecipient; or to defend Subrecipient against any such claim.
In the event any subcontract is utilized by Subrecipient for any portion of the project, Subrecipient retains the prime responsibility for carrying out all the terms of the Agreement, including the responsibility for ensuring the availability and retention of records of the subcontractor in accordance with the Agreement.
The Subrecipient will act solely in its independent capacity and not as an employee of the Children's Initiative. The Subrecipient shall not be deemed or construed to be an employee of the Children's Initiative for any purpose.
20 SUBAWARDS
Unless otherwise provided for in the Scope of Work (Exhibit A), Subrecipient shall not enter into any Subaward, transferring or contracting out of any work under this Agreement, without the prior, written approval of the Children's Initiative, with the exception of the acquisition of supplies, material, equipment, or general support services included in the Approved Budget (Exhibit B). (2 C.F.R. 200.308) All Subawards, transferring or contracting out of any work under this Agreement shall comply with all applicable federal and state laws and regulations and shall be subject to all provisions of the Agreement, including Special Conditions and Assurances.
21 PROCUREMENT
Subrecipient assures that open, competitive procurement procedures will be followed for all purchases under this Agreement in accordance with 2 C.F.R. 200.318 through 200.326.
The Subrecipient shall maintain records sufficient to detail the history of procurement. These records will include but are not limited to the following: (1) rationale for the method of procurement; (2) selection of contract type; (3) contractor selection or rejection; and (4) the basis for the contract price.
The procurement of goods and/or services is distinctly different from a Subaward. The procurement transaction includes the purchase of property or services needed to carry out the project or program under a Federal or State Grant Award.
Subrecipient may not assign its rights or duties under this Agreement without the prior written consent of the Children's Initiative.
9 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
22 PERSONAL PROPERTY
The Subrecipient shall account for any real and personal property acquired with Federal funds or received from the Federal government in accordance with Property Standards pursuant to 2 C.F.R. 200.310 through 200.316 and 200.329.
23 REMEDIES FOR NONCOMPLIANCE
If Subrecipient has failed to comply with Federal statutes, regulations, or the terms and conditions of this Agreement the Children's Initiative may impose additional specific Subaward conditions as needed, in accordance with paragraphs (b) and (c) of 2 C.F.R. 200.207 (Specific Conditions) under the following circumstances: (1) based on the criteria set forth in 2 C.F.R. 200.205 review of risk posed by applicants; (2) when the Subrecipient has a history of failure to comply with the general or specific terms and conditions of the Subaward; (3) when the Subrecipient fails to meet expected performance goals as described in 2 C.F.R. 200.210; (4) when Subrecipient is not otherwise responsible.
The Children's Initiative shall provide the Subrecipient written notice on all instances of noncompliance with the terms of this Agreement by the Subrecipient or any of its subcontractors. The notice shall include: (1) the nature of the additional requirements; (2) the reason why the additional requirements are being imposed; (3) the nature of the action needed to remove the additional requirement, if applicable; (4) the time allowed for completing the actions if applicable, and (5) the method for requesting reconsideration of the additional requirements imposed. The Subrecipient shall provide the Children's Initiative with a written plan to correct the noncompliance.
The Children's Initiative shall remove any specific condition once the condition(s) that prompted them have been removed.
Additional Subaward conditions may include the following items:
1. Requiring payments as reimbursements rather than advance payments;
2. Withholding authority to proceed to the next phase until receipt of evidence of acceptable performance within a given period of performance;
3. Requiring additional, more detailed financial reports;
4. Requiring additional project monitoring;
5. Requiring the Subrecipient to obtain technical or management assistance; or
6. Establishing additional prior approvals.
If the Children's Initiative determines that non-compliance cannot be remedied by imposing additional conditions, the Children's Initiative may take one or more of the following actions: (1) withholding of funds; (2) disallowance of all or part of the costs of the activity or action not in compliance; (3) imposition of additional reporting and auditing requirements, budget reduction, modification of timelines, monitoring of Subrecipient or Sub -contractors; (4) wholly or partially suspend or terminate the Agreement; (5) recommendation to DOJ to initiate suspension or debarment from future funding opportunities; (6) designation as high -risk under the DOJ high -risk policy; and (7) any other legal remedies the Children's Initiative may deem appropriate and necessary. (2 C.F.R. 200.338). 10 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
24 TERMINATION
The Children's Initiative shall have the right to terminate this Agreement, in whole or in part, if the Subrecipient: (1) fails to comply with the terms and conditions of the Subaward; (2) for cause; (3) with the consent of the Subrecipient, in which case the Children's Initiative and the Subrecipient shall agree upon the termination conditions, including the effective date and, in case of partial termination, the portion to be terminated; (4) upon the Subrecipient sending the Children's Initiative written notification setting forth the reasons for such termination, the effective date, and, in case of partial termination, the portion to be terminated. However, if the Children's Initiative determines in the case of partial termination that the reduced or modified portion of the Subaward will not accomplish the purpose for which the Subaward was made, the Children's Initiative may terminate the Subaward in its entirety. (2 C.F.R. 200.339).
Prior to termination, the Children's Initiative will send Subrecipient written notice specifying the cause.
The notice will give Subrecipient ten (10) days from the date notice is issued to cure the default or make progress satisfactory to the Children's Initiative in curing the default unless a different time is given in the notice. If the Children's Initiative determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the Children's Initiative may terminate this Agreement immediately upon issuing an oral or written notice to the Subrecipient without any prior notice or opportunity to cure.
If the Agreement is terminated for failure to comply with the statutes, regulations, or terms and conditions of the Agreement, the Children's Initiative shall notify the Subrecipient of the following: (1) that the termination decision will be reported to the OMB -designated integrity and performance system; (2) the information will be available in the OMB -designated integrity and performance system for a period of five years from the date of the termination, then archived; (3) a federal awarding agency may consider the information in evaluating further applications received from the Subrecipient; (4) the Subrecipient may comment on any information the OMB -designated integrity and performance system contains on the Subrecipient for future consideration; and (5) that federal awarding agencies will consider Subrecipient's comments when determining whether a Subrecipient is qualified for a future Federal award (2 C.F.R. 200.340).
If the Agreement is terminated or partially terminated, the Subrecipient shall remain responsible for compliance with the requirements in 2 C.F.R. 200.343 (Closeout) and 2 C.F.R. 200.344 (Post -closeout adjustments and continuing responsibilities).
If Subaward funds are not appropriated, or otherwise become unavailable to fund this Subaward, the Children's Initiative may immediately terminate the Subaward in whole or in part without further liability.
In the event of termination under this Section, all finished or unfinished documents and other materials prepared by Subrecipient under this Agreement shall become the sole and exclusive property of the Children's Initiative.
11 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
A. Effect of Suspension and Termination
Costs to Subrecipient resulting from obligations incurred by the Subrecipient during a suspension or after the termination of this Agreement are not allowable unless the Children's Initiative expressly authorizes them in the notice of suspension or termination or subsequently. However, costs during suspension or after termination are allowable if:
• The costs result from obligations which were properly incurred by the Subrecipient before the effective date of suspension or termination, are not in anticipation of it; and • The costs would be allowable if the Agreement were not suspended or expired normally at the end of the period of performance in which the termination takes effect. (2 C.F.R. 200.342).
After a receipt of termination, Subrecipient shall submit to the Children's Initiative, an invoice for expenses incurred until the effective date of termination. Such a claim and invoice shall be submitted promptly. The Children's Initiative will not accept any such invoice submitted later than sixty (60) days from the effective date of termination. Upon the failure of Subrecipient to submit the invoice within the time allowed, the Children's Initiative may determine, based on information available to the Children's Initiative, the amount, if any, due to Subrecipient with respect to the termination, and such determination shall be final. After such determination is made, the Children's Initiative shall pay the Subrecipient the amount so determined as full and complete satisfaction of all amounts due to the Subrecipient under the Agreement.
B. Exemption from Liability
In the event, there is a reduction of funds made available by the Children's Initiative to Subrecipient under this Agreement or subsequent agreements, the Children's Initiative and its officers, directors, and employees shall incur no liability to Subrecipient and shall be held harmless from any and all claims, demands, losses, damages, or liabilities arising directly or from such action.
C. Remedies Not Exclusive
The rights and remedies of the Children's Initiative provided in this Agreement shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 25 DISPUTE RESOLUTION
Except as otherwise required by OJP or federal regulations related to the Subaward, this Agreement shall be governed by and construed in accordance with the laws of the local jurisdiction as applied to agreements made between residents of California for performance entirely within California. Disputes concerning the performance of this Agreement that cannot be resolved by the designated party representatives shall be adjudicated by the appropriate federal and state courts residing in San Diego County, California, who shall have jurisdiction over any claim brought under this Agreement, and the parties hereby consent to the jurisdiction of such courts. 12 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
26 DEBARMENT OR SUSPENSION
The Subrecipient certifies that neither it nor its principles, its employees, and its subcontractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from the nonprocurement portion of the General Services Administration's "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs: in accordance with Executive Orders 12549 and 12689, "Debarment and Suspension" (2 C.F.R. Part 180). The provision shall be required of every Subrecipient receiving any payment in whole or in part from federal funds.
Subrecipient acknowledges that Federal agencies shall not award assistance to applicants that are debarred or suspended, or otherwise excluded from or are ineligible for participation in Federal assistance programs under Executive Order 12549. Subrecipient agrees to notify the Children's Initiative immediately, in writing, should it become debarred or suspended and will not pay or otherwise provide funds to a person or entity that is debarred or suspended.
Debarment is a breach of this Agreement, and the Children's Initiative shall have the right to terminate the Agreement.
27 MAINTENANCE OF RECORDS
Subrecipient agrees to maintain and separately identify all records for each Federal fiscal period so that information is readily available and located. Records should be adequately protected against fire or other damage and whenever practicable, the information should be collected, transmitted, and stored in open and machine-readable formats rather than in closed formats or on paper. 28 ACCESS TO RECORDS
The Children's Initiative, BJA, the DOJ Office of Inspector General, Comptroller General of the United States, or any of their authorized representatives has the right to access any documents, papers, or other records of Subrecipient, which are pertinent to the Subaward, in order to make audits, examinations, excerpts, and transcripts (2 C.F.R. 200.336). The right also includes timely and reasonable access to the Subrecipient's personnel for the purpose of interview and discussion related to such documents.
The right of access is not limited to the required Retention Period; it will last as long as the records are retained. See the Retention of Records section for more details. 29 AUDIT
Subrecipients of Federal funds are required to permit access to their records and financial statements as necessary to comply with 2 C.F.R. 200 Subpart F — Audit Requirements.
Subrecipients who expend $750,000 or more in Federal funds (from all sources including pass -through awards) in your organization's fiscal year (12 -month turnaround reporting period), are required to arrange for a single organization -wide audit conducted in accordance with the provisions of 2 C.F.R. 200 13 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
Subpart F — Audit Requirements (§200.500 et seq.). Failure to comply may result in consequences such as the withholding of reimbursement requests, disqualification of future funding, and/or termination of this Agreement. (Title 2 C.F.R. Subpart F).
Subrecipients who expend less than $750,000 annually in Federal funds (from all sources including pass - through subawards) in your organization's fiscal year (12 -month turnaround reporting period are exempt from audit requirement for that year. Records must be available for review or audit by appropriate officials including the Children's Initiative, OJP, and General Accounting Office. (2 C.F.R. 200.501 (d)).
The Subrecipient agrees to provide the Children's Initiative a copy of letters of engagement, audit reports, and management letters within ten (10) days of receipt and acceptance by the organization's governing authority. This includes a copy of any corrective action resulting from discrepancies identified by the audit.
A. REPORT/AUDIT COSTS
The Subrecipient accepts responsibility for the costs of a financial program audit to be performed by the Children's Initiative in the event that the audit report or financial review:
• does not meet the applicable federal audit or DOJ standards; • is not submitted in a timely manner;
• does not provide an audit response plan with corresponding corrections made sufficient to satisfy any audit findings.
The Subrecipient is responsible for designating officials responsible for the following:
• Following up on audit recommendations.
• Maintaining a record of the corrective action taken on recommendation(s), including time schedules for completing corrective action (as stated in a Corrective Action Plan (CAP)). • Responding to the CAP letter within thirty (30) days of receipt of the letter. • Implementing audit recommendations.
The Subrecipient shall promptly notify the Children's Initiative, in writing, of any changes to the designated official responsible for the information above.
In cases of continued inability or unwillingness on the part of the Subrecipient to conduct or supply a requested Audit, the Children's Initiative reserves the right to impose any sanctions, as described in Title 2 C.F.R. Subpart F § 200.500 et seq. and Remedies of noncompliance §200.338, upon the Subrecipient until such time as a requested Audit is received by the Children's Initiative. 14 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
B. AUDIT FINDINGS AND FAILURE TO COMPLY
The Children's Initiative may withhold Subaward funds or may impose other related requirements, as determined by the Children's Initiative if the Subrecipient does not satisfactorily and promptly address outstanding issues from Audits required by Part 200 Uniform Requirements, by the terms of this Subaward, by the current edition of the DOJ Grants Financial Guide, or other outstanding issues that arise in connection with audits, investigations, monitoring or reviews. 30 PROGRAM INCOME
Subrecipients are required to account for program income generated by the activities of the Agreement and shall report receipts and expenditures of this income on a Program Income/Federal Forfeiture form as stated within the Certified Assurances (Exhibit C). All Program Income shall be expended during the life of the Subaward agreement to further program objectives or may be refunded to the Federal government. (2 C.F.R. 200.80, 2 C.F.R. 200.307). The Subrecipient agrees that program income shall be used in accordance with 2 C.F.R. 200.307 (e)(1), which provides program income shall be deducted from total allowable costs to determine the net allowable costs. 31 COMPENSATION
This is a Subaward Agreement, using the cost reimbursement method of payment. The Subrecipient shall submit invoices for allowable expenses to the Children's Initiative by the 5th of each month and are payable within 30 days upon receipt of the invoice. If the 5th does not fall on a business day, the invoice(s) is due the following business day. Pending any adjustments by the Children's Initiative, each invoice approved and paid shall constitute full and complete compensation to Subrecipient for the invoice.
Invoices will state the period for which reimbursement is being requested and will itemize the cost by budget category per the budget summary (see Exhibit B). All deliverables and reports defined in Exhibit A: Statement of Work and Exhibit B: Budget is to be submitted to the Children's Initiative for the compensation defined herein. Subrecipient shall not be entitled to receive any additional or separate compensation from the Children's Initiative in connection with the project without the prior written approval of the Children's Initiative, followed by an amendment submitted to the Children's Initiative.
The Children's Initiative will not advance payments to the Subrecipient. (2 C.F.R. 200.305).
Appropriate source documentation must support all expenditures. Only actual, approved, allowable expenditures will be permitted.
Submittal of invoices more than two (2) months in arrears may result in further action, which may include termination of the Agreement.
The Children's Initiative may elect not to make a payment if any of the following exists:
• Subrecipient, with or without knowledge, made any misrepresentation of substantial and material nature with respect to any information furnished to the Children's Initiative. 15 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
• Subrecipient took any action pertaining to this Agreement, which required approval by the Children's Initiative, without having first received said approval. • Subrecipient was in default under any terms and conditions of this Agreement. • Subrecipient implemented a schedule of fees to be charged to clients or third -party client representatives without the Children's Initiative's prior written approval.
The Children's Initiative's obligation for payment of any Agreement beyond the current fiscal year is contingent upon the availability of funding from which payment can be made. No legal liability on the part of the Children's Initiative shall arise for payment before the Subaward Issuance Date or after the Subaward Expiration Date; provided, however, that work performed, and expenses incurred by Subrecipient before the Subaward Issuance Date that are chargeable to an active Federal Award may be submitted for reimbursement as permitted by the terms of the Subaward.
Requested funds must reconcile to reported expenditures on the Financial Reports.
A lapse in federal funding due to a federal government shutdown, may cause disruption to, or may result in the cessation of, grant administration activities depending on the following factors:
• The timing and duration of the federal government shutdown; and • The choices made by federal, state, and local officials in anticipation of, or during, a shutdown regarding grant program administration.
In the event of termination of this Agreement, Subrecipient shall be entitled to retain all sums paid as of the effective date of such termination, subject to any payment offset to which the Children's Initiative may be entitled to damages, or otherwise, under the terms of this Agreement. In no event shall Subrecipient be entitled to any loss of profits on the portion of this Agreement so terminated, or to other compensation benefits, reimbursements, or ancillary services other than as herein expressly provided.
Subrecipient must comply with all applicable laws, regulations, policies, and official DOJ guidance governing the use of federal funds for expenses related to conferences, including the provision of food and/or beverages at such conferences, and costs of attendance at such conference. See DOJ Financial Guide and 2 C.F.R. 200.474 for additional information on travel requirements. 32 RETENTION OF RECORDS
Subrecipient shall make, keep, and maintain all financial records, supporting documents, statistical records, communications, notes, and other written materials, electronic media files, and communications, pertaining in any manner to this Agreement for a period of three (3) years following the date of submission of the final expenditure report unless a different retention period applies. The Subrecipient shall provide access to records, including performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated in 2 C.F.R. 200.333.
16 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
In the event any litigation, claim, audit, or other action involving the records is started before the expiration of the 3 -year period, the Subrecipient must maintain the records until all litigation, claims, or audit findings involving the records have been resolved and final action is taken. (2 C.F.R. 200.333).
Subrecipient shall comply with additional exceptions to the three year rule as follows: (1) Records for real property and equipment acquired with Federal funds must be retained for three years after the final disposition; (2) When records are transferred to or maintained by the DOJ grant -making component or the Children's Initiative, the three year retention period requirement is not applicable to the Subrecipient; (3) when notified by BJA, cognizant agency for audit, cognizant agency for indirect costs, or the Children's Initiative to extend the retention period; (4) when required for program income earned after the period of performance, the retention period starts from the end of the subrecipient's fiscal year in which the program income is earned; (5) indirect cost proposals submitted for negotiation must be retained for three years from the date of submission; and (6) indirect cost proposals not required to be submitted for negotiation must be maintained for three years from the end of the fiscal year covered by the proposal. (2 C.F.R. 200.333).
33 MONITORING
The Children's Initiative shall monitor the performance of the Subrecipient for compliance with the required goals, objectives, and performance standards, pursuant to all applicable federal, state, and local laws, rules, regulations, guidelines, and procedures. Subrecipient agrees to provide the Children's Initiative all documentation necessary for the Children's Initiative to complete its monitoring tasks.
Subrecipient agrees that the Children's Initiative and Federal representatives shall have the right to monitor, assess, and/or evaluate Subrecipient's program activities and performance under this Agreement to ensure compliance with program requirements and identify any failures in administration and/or performance of the Subaward. The requests related to such monitoring may include on -site visits, follow-up, document and/or desk reviews, third -party evaluations, virtual monitoring, technical assistance, and informal monitoring such as email and telephone interviews.
Monitoring, assessments, and/or evaluations include, but are not limited to, audits; an inspection of premises, including on -site visits; reports; financial and programmatic records, including time and effort reporting, travel, timesheets, invoices, contracts, and ledgers; observation of operations; review of detailed financial and program data; and interviews of project staff and participants. (§§200.327 Financial reporting and 200.328 Monitoring and reporting program performance).
During monitoring, staff may require access to and review of all records to:
• Verify financial transactions and determine whether funds were used in accordance with applicable laws, regulations, and procedures;
• Ascertain whether policies, plans and procedures are being followed; • Provide management with objective and systematic appraisals of financial and administrative controls, including information as to whether operations are conducted effectively, efficiently, and economically; and
• Determine the reliability of the financial aspects of the conduct of the project. 17 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
The right of access is not limited to the required Retention Period; it will last as long as the records are retained. The Children's Initiative shall have the right, in its sole discretion, to change its monitoring procedures and requirements at any time during the term of this Agreement. The Children's Initiative shall monitor the Subrecipient's performance in a manner that does not unduly interfere with Subrecipient's performance of the work. If Subrecipient enters into a Subaward, then the Subaward entered into by Subrecipient shall contain provisions permitting the Children's Initiative and Federal Awarding Agency to perform all monitoring of that Subaward in accordance with the Federal Uniform Guidance.
The Children's Initiative will engage in a formal written process to notify the Subrecipient of corrective actions needed on the Agreement. The Children's Initiative will provide reasonable Technical Assistance as needed; however, Subrecipient's failure to comply with and/or correct monitoring findings shall constitute non-compliance and may be a breach of this Agreement and may result in actions that affect the Subrecipient's Subaward, including, but not limited to: (1) withholding and/or other restrictions on the Subrecipient's access to Subaward funds; (2) referral to the DOJ for audit review; (3) designation of the Subrecipient as a DOJ High -Risk grantee; or (4) termination of the Subaward. 34 REPORTING
By accepting the Subaward, the Subrecipient agrees to submit the applicable reports by the dates specified by the Children's Initiative. Such reports shall be in accordance with procedures developed and prescribed by the Children's Initiative, DOJ Grant Financial Guide, and the Office of Budget Management. (2 C.F.R. §§ 200.327 - 200.329). Subrecipient agrees to immediately report, in writing, deviations from budget or project scope or objective to the Children's Initiative. A pattern of delinquent reports may result in withholding of payment, high -risk designation, termination of the Agreement, and may jeopardize future funding considerations.
Subrecipient shall submit all financial, performance, and other reports to the Children's Initiative no later than the end of the closeout (Closeout 2 C.F.R. 200.343), containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder.
All forms and correspondence to the Children's Initiative regarding the Subaward must contain the Federal Grant Number assigned by OJP and listed on the Agreement.
Late reports submitted (after the grace period) to the Children's Initiative will automatically result in a withholding of funds placed on the Subaward which will be removed once the Progress and Financial Status Reports are submitted.
Reporting Period
Due Date
Delinquent After
January 1— March 31
April 15
April 30
April 1 —June 30
July 15
July 30
July 1— September 30
October 15
October 30
October 1— December 31
January 15
January 30
18 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
A. Financial Reporting
Subrecipient shall report quarterly (4) Financial Status Reports (FSR) (SF -425) per year on their financial activity to the Children's Initiative by the due date.
Subrecipients shall submit the Final Fiscal Report within ninety (90) days (see Closeout) after the applicable ending or termination date unless otherwise specified. Subrecipient shall submit to the Children's Initiative all deliverables (including documentation) as defined in the Subaward Letter and Subrecipient's final reimbursement request or invoice. The final report of expenditures must have no unliquidated obligations. The Children's Initiative shall withhold remaining funds until all documentation has been submitted and accepted by the Children's Initiative as substantially complete.
B. Real Property Reporting
Subrecipient shall submit reports at least annually on the status of any real property obtained by this Agreement in which the Federal Government retains an interest unless the Federal interest in the real property extends 15 years or longer. (2 C.F.R. 200.329).
C. Revisions
The Children's Initiative reserves the right to request revisions and additional information for all reports throughout the term of the Agreement. Once the Grant Administrator reviews the reports, the Subrecipient may be required to submit supporting documentation to substantiate Subrecipient's reported expenditures and basic service level estimate of work completed.
D. Performance and Final Status
Subrecipient shall submit all financial, performance, and other reports to the Children's Initiative no later than the end of the closeout described in Section 36, containing an evaluation and review of Subrecipient's performance and the final status of Subrecipient's obligations hereunder. 35 CRITICAL INCIDENTS
Subrecipient shall have written plans or protocols and provide employee training for handling critical incidents involving instances of violence or threat of violence directed towards staff or clients, breach of confidentiality, fraud, unethical conduct, or instances of staff or client drug and/or alcohol use.
Subrecipient shall report all such incidents to the Children's Initiative within one (1) workday of their occurrence.
36 VIOLATIONS OF FEDERAL LAW
Subrecipient shall disclose, in a timely manner, in writing to the Children's Initiative, all violations of Federal or state criminal law including the False Claims Act involving fraud, bribery, or gratuity violations potentially affecting the Federal award. The Children's Initiative may impose remedies for 19 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
noncompliance allowed under 2 C.F.R. 200.338 and 31 U.S.C. 3321, which may include, without limitation, suspension, and debarment.
Any materially false, or fraudulent statement to the federal government related to this Subaward or Agreement (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 18 U.S.C. 1621, and/or 34 U.S.C. 10271-10273), and may also lead to the imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Subrecipient agrees it shall promptly refer to the Children's Initiative any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this Subaward (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of internet, bribery, gratuity or similar misconduct. Failure to make required disclosures can result in any of the remedies described in this Section (2 C.F.R. 200.338 et seq. Remedies for noncompliance). 37 CLOSEOUT
All Subrecipients shall closeout this Agreement within ninety (90) days after the Subaward Expiration Date. To complete closeout, Subrecipient shall submit to the Children's Initiative all deliverables — Final Performance Report and Fiscal (financial) Report of actual total expenditures (including documentation) as defined in this Agreement and Subrecipient's final reimbursement request or invoice. (2 C.F.R. 200.343).
Unless the Children's Initiative authorizes an extension, the Subrecipient must liquidate all obligations incurred under the Agreement not later than ninety (90) calendar days after the end of the period of performance. (2 C.F.R. 200.343).
Expenditures made within the approved project period in conjunction with the Final Financial Report must be submitted prior to the end of the liquidation period, ninety (90) days after the end of the project. Expenditures incurred during the applicable period but reported later than the Final Report date will not be recognized, allowed, or reimbursed under the Agreement without documentation to demonstrate that the obligation was incurred before the applicable expiration or termination date of the Subaward. Failure to request final payment within this period will cause delays and result in additional administrative paperwork.
The Children's Initiative will withhold remaining funds until all final documentation has been submitted and accepted by the Children's Initiative as substantially complete. If the Subrecipient does not submit all required reports to the Children's Initiative within ninety (90) days of the project end date, the Children's Initiative will begin the closeout process.
Subrecipient agrees the closeout of the Subaward does not affect: (1) the Children's Initiative's right to disallow costs and recover funds on the basis of a later audit or other review; (2) Subrecipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions including the final indirect cost rate adjustments; (3) audit requirements; (4) property and disposition requirements; and (5) retention of records.
20 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
A. Equipment Inventory
If the equipment was purchased under the Subaward, the Subrecipient must submit a form for each equipment item no later than forty-five (45) days after the end of the Subaward Period, and again upon final disposition of the equipment, which may extend beyond the Subaward Period. (2 C.F.R. 200.313).
B. Refund of Any Balances
Subrecipients must refund any balances of unobligated cash paid that is not authorized to be retained by the Subrecipient within ninety (90) days after the demand for payment. Any funds paid to the Subrecipient that exceeds the amount to which the Subrecipient is determined to be entitled under the Agreement constitutes a debt to the Federal Government. (2 C.F.R. 200.343(d)).
If the Subrecipient becomes aware of a duplicate financing or invoice payment or that the Children's Initiative has otherwise overpaid on a financing or invoice payment, Subrecipient shall immediately notify the Children's Initiative and request instructions for disposition of the overpayment.
If the Subrecipient receives payment from the Children's Initiative for a service, for which reimbursement is later disallowed, the Subrecipient shall promptly refund the disallowed amount to the Children's Initiative upon request, or the Children's Initiative may offset the amount disallowed from any payment due to or to become due to Subrecipient under this Agreement.
The Children's Initiative reserves the right to recover such excess funds by any other appropriate legal means.
38 CONFIDENTIALITY OF REPORTS AND RECORDS
A. Confidentiality
The Children's Initiative and Subrecipient agree to maintain the confidentiality of and take industry - appropriate and legally required measures to prevent the unlawful disclosure of any information that is legally required to be kept confidential. Any confidential or personally identifiable information (PII) acquired by Subrecipient during the course of the Subaward shall not be disclosed by Subrecipient to any person, firm, corporation, association, or other entity for any reason or purpose whatsoever either during the term of the Agreement or in the event of termination of the Agreement for any reasons whatsoever. Subrecipient agrees to abide by applicable federal regulations regarding confidential information and research standards, as appropriate, for federally supported projects.
Subrecipient agrees to comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to the collection, use, and revelation of data or information. The Subrecipient further agrees, as a condition of Sub approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 21 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
The Subrecipient shall maintain written procedures to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of (PII) (2 C.F. R. 200.79) within the scope of the OJP grant -funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). (Exhibit C) This Section shall not prevent the Children's Initiative from accessing the confidential records for the purpose of audits or program reviews if that access is legally permissible under the applicable local, state, or federal laws or regulations. Similarly, the Children's Initiative, or its agents, or designee may take possession of the records(s) where legally authorized to do so.
The Children's Initiative may identify, for the purpose of clarification, certain laws, and regulations that are specifically applicable to Subrecipient's work under this Agreement. Those laws and regulations may be set forth in the Statement of Work (Exhibit A). The Children's Initiative, however, is under no obligation to identify all applicable laws and regulations and assumes no liability for identifying confidentiality laws and regulations, if any, applicable to the work under this Agreement.
No Subrecipient, or entity that receives a contract or subcontract with PSN funds, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting in accordance with the law of waste, fraud, or abuse to an investigation or law enforcement representative of a Federal departing or agency authorized to receive such information.
Subrecipient shall inform all its employees and subcontractors providing services of the confidentiality provisions of this Agreement.
B. Disclosure
Subrecipient shall not disclose, use for personal gain, or make other improper use of confidential information, which is acquired in connection with his or her employment. In this connection, the term "confidential information" includes, but is not limited to, unpublished information relating to technological and scientific development, medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of Subrecipients in advance of the official announcement. Subrecipient must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to the collection, use, and revelation of data or information. Subrecipient is responsible for the design and maintenance of all data security and encryption necessary to secure the data confidentiality.
The Children's Initiative shall be notified no later than 24 hours after an occurrence of an actual breach or the detection of an imminent breach of data confidentiality and/or the participation of the Subrecipient is consequential legal or non -legal actions to remedy the breach of confidentiality matter.
Breach of data confidentiality and disclosure of PII may constitute a breach of this Agreement and may be grounds for the termination of this Agreement and the Subrecipient debarment from future funding opportunities.
22 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
39 CRIMINAL BACKGROUND CHECK REQUIREMENTS
Subrecipient shall ensure that criminal background checks, including a fingerprint -based Federal Bureau of Investigations (FBI) criminal history check and a search on the National Sex Offender Public Website ("NSOPW"), are required and completed prior to employment or placement of any employee, director, officer, agent, subcontractor, consultant or volunteer in compliance with any licensing, certification, funding, or Agreement requirements, including the Statement of Work (Exhibit A), which may be higher than the minimum standards described herein. At a minimum, background checks shall be in compliance with state and federal regulations and are required for any individual identified above who will be providing services under this Agreement or who will be assigned to sensitive positions funded by this Agreement. Sensitive positions are those that: (1) physically supervise minors; (2) have unsupervised physical contact with minors.
Subrecipient shall have a documented process for reviewing the information and determine if criminal history demonstrates behavior that could create an increased risk of harm to clients. Subrecipient shall document the review of criminal background findings and consideration of criminal history in the selection of such persons listed above in this section. Subrecipient shall retain a record of the National Sex Offender Public Website search and associated results either by printing the screen(s) or by some other method that retains paper or digital images of the NSOPW checks that show the date the search was performed.
Subrecipient shall utilize a subsequent arrest notification service during the term of this Agreement for any individual required to undergo the Criminal Background Check process described in Section 13.
Subrecipient shall keep the documentation of their review and consideration of the individual's criminal history and NSOPW check on file in accordance with Section 20 Maintenance of Records.
Subrecipient's inability to demonstrate that it conducted the required criminal background check as specified above may result in remedies, including disallowance of costs and/or termination of the Agreement.
Definitions:
• Minor: Individuals under the age of eighteen (18) years old. • Sensitive Position: A job with responsibilities that can be criminally abused at great harm to the Agreement, or the clients served. All positions that (1) physically supervise minors, (2) have unsupervised physical contact with minors.
• Volunteer: A person who performs a service willingly and without pay. 40 TRAINING, TECHNICAL ASSISTANCE, CONFERENCES
Subrecipient must participate in BJA-sponsored training events, technical assistance events, and/or conferences held by BJA or its designees, upon the Children's Initiative or BJA's request. 23 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
41 INSURANCE
The Subrecipient shall keep in force and effect at all times during the term of the Agreement, including all extensions, the insurance specified in Exhibit E. Subrecipient shall ensure that any Subrecipients or Subcontractors maintain all insurance customary for the completion of the work done by that Subrecipient or Subcontractor and as required by the Children's Initiative.
Subrecipient shall provide the Children's Initiative with renewal or replacement evidence of insurance no later than thirty (30) days before the expiration or replacement of the required insurance.
The Children's Initiative shall be named as the Certificate Holder on the Certificate of Liability Insurance.
The Subrecipient shall obtain and maintain insurance coverage for real property and equipment acquired or improved with using Federal funds as provided to property owned by the Subrecipient. (2 C.F.R. 200.310).
42 INDEMNITY
The Children's Initiative shall not be liable for, and Subrecipient shall defend and indemnify the Children's Initiative and its employees, officers, directors, and agents (collectively "The Children's Initiative Parties"), against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "Claims"), related to this Agreement or the work covered by this Agreement and arising either directly or indirectly from any act, error, omission or negligence of Subrecipient or its contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the sole passive negligent act or the concurrent negligent act, error or omission, whether active or passive, of the Children's Initiative Parties.
Subrecipient shall have no obligation, however, to defend or indemnify the Children's Initiative Parties from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of the Children's Initiative Parties. 43 DRUG AND ALCOHOL -FREE WORKPLACE
All Subrecipients shall certify that they will maintain a drug and alcohol -free workplace, or in the case of a Subrecipient, who is an individual, certify to the agency that his or her conduct of award activity will be drug and alcohol- free. If a Subrecipient makes a false certification, the Subrecipient is subject to suspension, termination, and debarment. In order to comply with the Drug Free Workplace Act of 1988 and 28 C.F.R. Part 83, Subrecipients are required to report any conviction of their employees under a criminal drug statute for violations occurring on the Subrecipients premises or off the Subrecipient's premises while conducting official business. A report of a conviction must be made to the Children's Initiative within ten (10) days of receiving notices of such conviction.
As a material condition of this Agreement, the Subrecipient agrees that the Subrecipient and the Subrecipients employees, while performing service under this Agreement:
24 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
• Shall not be in any way impaired because of being under the influence of alcohol or a drug. • Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug.
• Shall not sell, offer, or provide alcohol or an illegal drug to another person; provided, however, that the foregoing restriction shall not be applicable to a Subrecipient or Subrecipient employee who as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs.
The Children's Initiative may terminate for default or breach of this Agreement if the Subrecipient or Subrecipient's employees are determined by the Children's Initiative not to be in compliance with the conditions listed herein.
44 NONDISCRIMINATION
All Subrecipients, including subcontractors, shall comply with any applicable Federal civil rights and nondiscrimination requirements, including:
• Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794); section 901 of the Education Amendments of 1972 (20 U.S.C. 1681); section 303 of the Age Discrimination Act of 1975 (42 U.S.C. 6102); and Subtitle A, title II of the Americans with Disabilities Act (ADA), (42 U.S.C. 12131-12134), and Department of Justice (DOJ) implementing regulation 28 C.F.R. Part 35; 809(c) of Title of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10228 (c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. 11182(b)); 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program; and the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. 12291(b)(13)).
• Additional applicable statutes may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality — research and statistical information), 23 (criminal intelligence systems), 38 (faith -based or religious organizations participating in federal assistance programs), and 46 (human subjects protection).
In accordance with Federal civil rights laws, the Subrecipient shall not retaliate against individuals for taking action or participating in the action to secure rights protected by these laws.
In the event a federal or state court or federal or state administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, or sex against a Subrecipient of funds, the Subrecipient shall forward a copy of the finding to the Office for Civil Rights, Office of Justice Programs, and the Children's Initiative.
This Agreement may be suspended or terminated, in whole or in part, in the event of the Subrecipient's noncompliance with this section and the Subrecipient may be declared ineligible for further Agreements with the Children's Initiative. Additionally, the Children's Initiative may take further action by imposing 25 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
other sanctions or invoking other remedies as provided by the Civil Rights Act of 1964, or as otherwise provided by law.
45 PROHIBITIONS ON REPRISAL
Subrecipient agrees to comply with and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as a reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health and safety, or a violation of law, rule or regulation related to a federal grant.
46 ARREST AND CONVICTION RECORDS
Subrecipients should be mindful that the misuse of arrest or conviction records to screen applicants for employment or employees for retention or promotion might have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. Subrecipients should consult local counsel in reviewing their employment practices. If warranted, Subrecipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans.
Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013)_ 47 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT
Subrecipient agrees to comply with the requirements of the Health Insurance Portability and Accountability Act of 1996, 45 C.F.R. 160, 162, and 164,as amended. If the Subaward includes functions or activities that involve the use or disclosure of Protected Health Information (PHI), the Subrecipient agrees to enter into a Business Associate Agreement with the Children's Initiative, as required by 45 C.F.R. 164.504(e).
48 LOBBYING
The Subrecipient agrees, either directly or indirectly, that no funding associated with the Subaward Agreement will be used to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government (See 18 U.S.C. 1913) (There may be exceptions if an applicable federal statute specifically authorizes activities that otherwise would be barred by law.) The Subrecipient agrees, whether expressly prohibited by federal, state, or local law, or otherwise, that no funding associated with this Subaward Agreement will be used for any purpose associated with or related to lobbying or influencing or attempting to lobby or influence for any purpose the following: (1) any federal, state, county or local agency, legislative committee, counsel, or board; (2) any federal, state, county or local legislator, commission member, council member, board member, or other elected official; (3) any officer or employee of any federal, state, county or local agency, legislature, commission, council or board. See 31 U.S.C. 1352, 2 C.F.R. 200.450, Exhibit C - Special Conditions. 26 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
The Subrecipient understands failure to comply shall result in disqualification of future funding and/or termination of the Agreement.
The Subrecipient shall require that the language of this certification is included in any subcontracts and that all contractors shall certify and disclose accordingly. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure pursuant to 31 U.S.C. 1352,
49 GENERAL PROVISIONS
A. Sections and Exhibits
All sections and exhibits referred to herein are attached hereto and incorporated by reference.
B. Headings
Section headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit, or affect the construction or interpretation of any term or provision hereof.
C. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Agreement to a statute, regulation, Federal fiscal rule, fiscal policy, or other authority shall be interpreted to refer to such authority than current, as may have been changed or amended since the Subaward Issuance Date. Subrecipient shall strictly comply with all Federal, state, and local laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.
D. Survival of Certain Subaward Agreement Terms
Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the Subaward shall survive the termination or expiration of the Subaward and shall be enforceable by the other Party.
E. No Other Inducement
The making, execution, and delivery of this Agreement by the parties hereto have been induced by no representations, statements, warranties, or agreements other than those expressed herein.
F. Time
Time is of the essence of each provision of this Agreement.
G. Time Period Computation
All periods of time referred to in this Agreement shall include all Saturdays, Sundays, and state or national holidays, unless the period of time specifies business days, provided that if the date or last date to perform any act or give any notice or approval shall fall on a Saturday, Sunday or state or national holiday, such act or notice may be timely performed or given on the next succeeding day which is not a Saturday, Sunday or state or national holiday.
27 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
H. Waiver
The waiver by one party of the performance of any term, provision, covenant, or condition shall not invalidate this Agreement, nor shall it be considered as a waiver by such party of any other term, provision, covenant, or condition. Delay by any party in pursuing any remedy or in insisting upon full performance for any breach or failure of any term, provision, covenant, or condition shall not prevent such party from later pursuing remedies or insisting upon full performance for the same or any similar breach or failure.
I. Multiple Originals
This Agreement may be executed in multiple originals, each of which together shall constitute a single Agreement.
12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
ANY CONDITION listed within the Agreement that is not met may result in consequences such as the Children's Initiative withholding payment of any request for reimbursement, disqualification of future funding, and/or termination of current funding.
THE PARTIES, having read and considered the above provisions, indicate their agreement by their authorized signatures below.
THE CHILDREN'S INITIATIVE
A California nonprofit 501(c)3
Federal Tax ID Number: 770587835
By: Date:
Brook Smith
Associate Director
3625 Ruffin Drive, Suite 100, San Diego, CA 92123
SUBRECIPIENT
Subrecipient Agency Name:
DUNS:
Subrecipients Signer's Printed Name:
Title:
Signature: Date:
Address:
Email / Ph. #:
SUBRECIPIENT'S REPRESENTATIVE. The Subrecipient has designated the following individuals as the Subrecipient's Representative.
Name and Title:
Address:
Email / Ph.#:
12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
EXHIBIT A - STATEMENT OF WORK
City of Placentia seeks to provide intervention and prevention services to at -risk youth currently being recruited and terrorized by criminal gangs.
PSN Funds will be used to increase participation in the Lot 318 program, increase participation in the Orange County (OC) Gang Reduction and Intervention Partnership (GRIP) program, and to create a Placentia Community Outreach Initiative. The Lot 318 program provides after school nutrition and after school tutoring. OC GRIP is a county wide initiative focused on decreasing gang -activity and increasing school attendance among at -risk youth. Creation of a Community Outreach Initiative will allow police officers to hold regular community meetings and education events on community gang prevention.
Specifically, PSN funds will be used for police personnel, fringe benefits, 3 laptops, and 3 cell phones.
Budget (over 2 years)
Personnel $361,336
Fringe Benefits $155,512
Supplies and Operating $0
Travel $0
Equipment $15,992
Training $0
Indirect $0
Other $4,320
TOTAL $537,160
NO Supplanting
City of Placentia can confirm that the personnel costs will not supplant local funds. Currently, police officer Brian Drew's salary is funded through the North Orange County Public Safety Task Force Grant, through which he performs a pilot program version of the Placentia STRONG Project. This grant expires in 2021. Moreover, officer Drew's position is not funded through the City's budget.
The PSN grant will allow the City of Placentia to retain a resident's job and livelihood during the COVID-19 pandemic as well as expand a vital community project within the community to promote safer neighborhoods.
Clarify roles of the personnel
PSN funds will be used to increase participation in the Lot 318 program, increase participation in the Orange County (OC) Gang Reduction and Intervention Partnership (GRIP) program, and to create a Placentia Community Outreach Initiative. The Lot 318 program provides after school nutrition and after school tutoring. OC GRIP is a county wide initiative focused on decreasing gang -activity and increasing school attendance among at -risk youth. Creation of a Community Outreach Initiative will 30 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-GP-BX-0134
allow police officers to hold regular community meetings and education events on community gang prevention.
Personnel will be responsible for managing the outreach initiative and leading Lot 318 and GRIP activities. Through these efforts, personnel will work to increase resident youth and parent participation in these community -building programs.
Getac Laptop expense
The Placentia Police Department uses Getac portable laptop computers to communicate with Placentia Communications throughout the entire workday. These devices are vital to safe and secure communications between Task Force Officers (TFO's) and Placentia Communications. These devices are CA DOJ compliant and are necessary to receive confidential California Law Enforcement Telecommunications System (CLETS) information while investigating criminal violations in the Target Area (TA) including gang activity, felons in possession of firearms, and additional firearm violations and violent felonies.
Numerous databases are accessed by TFO's to establish probable cause for enforcement, identify repeat offenders, and identify those on probation or parole for violent offenses. TFO's also are required to give Placentia Communications their location, source of activity, and document their investigations with these devices.
Additionally, TFO's can access outreach databases and provide resources to individuals they contact in the field that do not require enforcement, rather a referral to the appropriate agency for assistance.
Securing these additional devices with ensure that TFO's have all available resources for safe and effective communication. It will also maximize time spent in the field combating offenses, eliminating the need to return to Headquarters to obtain the necessary information. 31 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
Original Application
12/10/20 SH
Cover Sheet
Applicant agency
applying for funds:
City of Placentia
Physical Address:
401 E. Chapman Ave. Placentia, CA 92870
Mailing Address:
401 E. Chapman Ave. Placentia, CA 92870
Applicant Agency
Contact:
Darin Lenyi, Chief of Police
(714) 993-8211
dlenyi@ 3lacentia.orc
Project Director:
James McElhinney, Captain
(714) 993-8170
[email protected]
Project Title:
"Placentia S.T.R.O.N.G. Project
(Systemic Teaching for the Reduction Of Neighborhood
Gang -activity)"
Request Amount:
$537,160.00
Proposed Start date:
July 01, 2021
EIN:
95-6000763
DUNS Number:
040504417
SAM Registration Status:
Active
Project Safe Neighborhoods 2018 I City of Placentia
Statement of the Problem (SAP)
• Identify the existing need and problem.
The City of Placentia (the City) is in dire need of Intervention/Prevention/Outreach resources.
We need increased intervention and prevention on behalf of our at -risk youth as they are recruited and terrorized by criminal gangs. And we need increased community outreach to break street gangs' chokehold on our most vulnerable neighborhoods.
The City is a small, quiet bedroom community located in northern Orange County, California.
Our residents are committed to keeping Placentia a pleasant place to live by providing a safe family atmosphere, superior public services, and policies that promote the highest standards of community life. The City is a proudly diverse American community. Asian American and Latinx residents make up over half of our population. Likewise, half of our local businesses are minority - owned.
Unfortunately, our City's location puts us in the crossfire of street gangs operating within both the Orange and Los Angeles counties. Turf conflicts between the rival Plas, La Jolla, and Atwood street gangs put our residents' lives at risk. Each of these three gangs operate with a core membership of 75-100, even swelling to as many as 250 members at any given time. These gangs are "turf gangs", defining themselves as the territory that they control or take by force.
Our youth are at extreme risk as street gangs attempt to recruit our young men. If recruited youth do not join, this immediately paints a target on their backs. They may be attacked by gangs in retaliation or because they are mistaken on the streets as rival gang combatants.
Effective policing is impossible without the support and trust of our community. The aftermath of the George Floyd tragedy has left many to question the tactics, training, and overall use of force philosophies of modern-day law enforcement. The philosophies and training of the Placentia Police Department and the practical application of field tactics have created a culture within the organization that respects the civil liberties of all that we serve.
The current national environment can create a rift between law enforcement agencies and their neighborhoods, a rift that criminal gang members are quick to take advantage of. The City is in dire need of Intervention/Prevention/Outreach resources. Our police department is committed to meaningful community -oriented policing methods, where trust between officers and residents can create truly safe neighborhoods.
The proposed Placentia S.T.R.O.N.G. Project will allow our officers to undertake Systemic Teaching for the Reduction Of Neighborhood Gang -activity. In doing so, they will work together with residents to create a safe neighborhood, not one where the community constantly fears gun violence.
• Include relevant data, such as jurisdiction arrest and crime rates.
Two separate injunctions were enacted in 2015 by the Orange County District Attorney's Office to combat the violence perpetrated by the rival Plas and La Jolla street gangs in Placentia, California. Through these two injunctions from the Orange County District Attorney's Office has Project Safe Neighborhoods 2018 I City of Placentia Page 2
explicitly flagged the City of Placentia as a hotspot for both street gang activity and violent turf wars between gangs.
• Identify the Project Safe Neighborhoods (PSN) program strategy that will be utilized (prevention, intervention, re-entry or law enforcement).
The proposed Placentia S.T.R.O.N.G. Project will utilize the PSN program strategy of Intervention/Prevention/Outreach/Reentry: Prevention, outreach, engagement, and reentry programs that provide services for at -risk communities to address drivers of gun and gang violence, repeat and habitual offenders, and to provide outreach programs to Federal Firearm Licensees and the public to encourage responsible and safe gun ownership and to prevent the use of illegal straw purchasers.
• Identify the Targeted Enforcement Area (TEA).
The Targeted Enforcement Area (TEA) for this project will be the City limits of the City of Placentia.
• Demonstrate an understanding of the PSN program strategy goals and timeline.
The City of Placentia has a full understanding of Project Safe Neighborhood's strategy goals:
to create and foster safer neighborhoods through a sustained reduction in violent crime, including, but not limited to, addressing criminal gangs and the felonious possession and use of firearms.
The City of Placentia has years of experience protecting its residents from the creeping influence of violent street gangs. Each of the three prominent gangs in our City operate with a core membership of 75-100, even swelling to as many as 250 members at any given time. These gangs are "turf gangs", defining themselves as the territory that they control or take by force. The City is acutely aware that the reduction of these gangs and the reduction of their criminal access to firearms is vital to creating truly safe neighborhoods within our City.
The City of Placentia has a full understanding of Project Safe Neighborhood's timeline. Award letters & Sub -grant Agreements will be released by September 2020. All awarded proposals will be completed within three years of this award date.
The City of Placentia has years of experience successfully executing crime reduction and public safety programs similar to Project Safe Neighborhoods, including:
OC GRIP
For years, the City has been an active member of the Orange County Gang Reduction and Intervention Partnership (OC GRIP), a county wide initiative focused on decreasing gang - activity and increasing school attendance among at -risk youth.
North Orange County Public Safety Task Force
For the last three years been an active member have participated in the North Orange County Public Safety Task Force program, specializing in recidivism, youth gang violence, and homeless issues relative to quality of life. These years of experience in cross -law enforcement agency collaboration to reduce gang -activity among our most vulnerable youth gives us an intimate understanding of PSN's goals.
Project Safe Neighborhoods 2018 I City of Placentia Page 3
The City has an excellent track record in complying with grant agreements, completing all set goals of a program, and completing a program on time.
Program Design and Implementation
The Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) will be implemented from July 01, 2021 through June 30, 2023. Implementation will consist of the following three (3) focus efforts: Increased participation in Lot 318 program; Increased participation in the OC Grip program; and a Placentia Community Outreach Initiative.
1. Increased participation in Lot 318 program:
The Lot 318 program provides after school nutrition and after school tutoring. By addressing the basic needs of food and education, this program is able to give our most vulnerable youth the tools to succeed. This will increase our intervention and prevention efforts as youth do not view education as impossible and violent gang recruitment as their only option for advancement.
The Lot 318 program is headquartered in an area of approximately 5,000 homes, between two of these turf gangs. In the past 13 years, LOT318's efforts have proven successful in drawing the youth away from gang activity and improving their educational performances.
Police officers will have the resources and the opportunities to participate in this program directly, providing one -one -one support to youth and building long-term relationships of trust between our law enforcement and our youth residents. At -risk youth will view our police officers as supporters who wish to see them succeed, not as an enemy who wants to see them go directly from schools to prisons.
2. Increased participation in the OC GRIP program:
Police officers will have the resources and the opportunities to participate in this program with more frequency, increase resources and opportunities needed for more targeted and personalized outreach, encouraging our kids to stay in school.
This will allow police officers to reach our at -risk youth residents before the gangs can. Police officers will be able to mentor our youth on a personalized level, increasing school attendance and decreasing gang activity.
Police officers will have the resources and the opportunities to build long-term relationships with our most vulnerable youth and their families. This will increase intervention and prevention as youth will not view education as impossible and violent gang recruitment as their only option for advancement.
3. Placentia Community Outreach Initiative:
Police officers will have the resources and the opportunities to hold regular community meetings and education events on community gang prevention, cooperative community - oriented policing tactics, and signs to look for in creeping gang activity.
Project Safe Neighborhoods 2018 I City of Placentia Page 4
This Community Outreach will our officers the opportunities to dispel any fear among residents that the police in their neighborhood are just another turf gang fighting for dominance. Instead we will build a long-term relationship of trust between our residents and our officers.
Police officers will have the resources and the opportunities to create systemic teaching within their communities to reduce gang activity. Residents of Placentia will be able to stand "S.T.R.O.N.G." actively creating safe neighborhoods together with law enforcement, as opposed to passively living in fear.
Capabilities/Competencies
• Applicant must fully describe the applicant's capabilities to (1) implement the program within the identified area; and (2) implement the program within the established project timeline.
The City of Placentia and the Placentia Police Department are fully capable to implement the program within the identified area. Our police officers are committed to the delivery of compassionate and professional police services. We are able to achieve this through building long-term relationships with our communities.
Our police officers are trained in community -oriented police tactics, putting the safety and wellness of our residents first. In the past three years, there has not been a single formal complaint filed with our department, of racial profiling or any other racial based allegation. There have also not been any deadly force incidents by officers in the same time period. This track record of professionalism and respect allows our police officers to work closely alongside residents throughout the entire City.
The City of Placentia has a full understanding of Project Safe Neighborhood's timeline. Award letters & Sub -grant Agreements will be released by September 2020. All awarded proposals will be completed within three years of this award date.
The City of Placentia has years of experience successfully executing crime reduction and public safety programs similar to Project Safe Neighborhoods, including years of successful participation in the Orange County Gang Reduction and Intervention Partnership (OC GRIP), and North Orange County Public Safety Task Force program. These many years of experience in cross -law enforcement agency collaboration to reduce gang -activity demonstrates our capacity to implement a complex program and administrate it to completion within a set timeline. The City has an excellent track record in complying with grant agreements, completing all set goals of a program, and completing a program on time.
• Demonstrate expertise in collaborating with local, state, and federal law enforcement, and/or criminal justice partnerships (including the United States Attorney's Office).
The City has years of experience in cross -law enforcement agency collaboration to reduce gang -activity among our most vulnerable youth, including collaboration efforts with:
Orange County Gang Reduction and Intervention Partnership (OC GRIP):
The City is an active participant in the award -winning gang reduction goals of the OC GRIP law enforcement. Hundreds of police officers across the County coordinate Curfew Sweeps in areas with a high volume of gang and/or criminal activity and all gang injunction safety Project Safe Neighborhoods 2018 I City of Placentia Page 5
zones to prevent minors from being victims of or participating in gang crimes. The program has rescued children as young as 6 years old roaming the streets past curfew.
OC GRIP teams consisting of deputy district attorneys, police officers, school principals and administrators go to the home of students with excessive truancy problems or 10 or more unexcused days of absence and conduct Truancy Interventions for students and parents to decrease truancy and support positive student attendance. Students are taken to school in a patrol car and counseled with their parents by the intervention team.
Orange County District Attorney's Office
The Orange County District Attorney's Office (OCDA) is a criminal justice agency partner that the City of Placentia has years of experience collaborating with directly, particularly in targeted enforcement and prevention activities.
The City of Placentia worked directly with the OCDA in 2015 to enact two injunctions against the rival Plas and La Jolla street gangs in Placentia, California. Through these two injunctions, the City and the OCDA worked in partnership to execute targeted enforcement and prevention activities reducing street gang activity and violent turf wars between rival gangs.
We also work collaboratively with both the Orange County Probation and California State Parole Agents. We have extensive experience collaborating directly with these agents, often riding along with our gang enforcement officers.
• Demonstrate experience in addressing gun and gang violence, gang violence associated with conflict over turf, narcotics distribution, aggression, and/or shootings.
The City of Placentia and the Placentia Police Department have extensive experience in addressing the dangerous effects of gun and gang violence and gang associated with conflict over turf. For years, the City has been an active member of the Orange County Gang Reduction and Intervention Partnership (OC GRIP), specializing in decreasing gang -activity and increasing school attendance among at -risk youth. In addition, the City has for the last three years been an active member have participated in the North Orange County Public Safety Task Force program, specializing in recidivism, youth gang violence, and homeless issues relative to quality of life.
These years of experience in cross -law enforcement agency collaboration to reduce gang -activity among our most vulnerable youth gives us an intimate understanding of gun and gang violence, gang violence associated with conflict over turf.
• Demonstrate experience in working with law enforcement, criminal justice agencies, and/or community -based partners on targeted enforcement, prevention activities, and/or community engagement.
The City has years of experience in collaboration with law enforcement, criminal justice agencies, and/or community -based partners on targeted enforcement, prevention activities, and/or community engagement. The most prominent partnerships include:
Lot 318
The Lot 318 program is a community -based partner specializing in prevention activities and community engagement. They are headquartered in the La Jolla neighborhood of Placentia, California, to better serve some of the most underprivileged and at -risk youth in the City. The program further serves youth throughout California's heavily urbanized Orange County.
Project Safe Neighborhoods 2018 I City of Placentia Page 6
The City of Placentia and the Placentia Police Department has actively participating in this youth mentorship for the last three years. This collaboration has built long-term relationships of trust between at -risk youth, their families, and police officers. We exist to walk alongside at - risk youth and their community by empowering them to see their worth and purpose in this world.
We accomplish this by holding various events and service opportunities to open their eyes to the world around us. We challenge them to serve others in the community and make a difference among their peers. Our goal is to give them opportunities they may never have had, to help them become a positive influence and force in our world. We give them access to achieving their dreams through after -school Homework Club to help and tutor through their schoolwork.
We strive to remain in consistent fellowship with one another in not only our community but throughout Orange County. It is our objective to bridge the racial and socioeconomic gaps that exist within our surrounding areas in order to create and bring peace amongst our neighbors.
Orange County Gang Reduction and Intervention Partnership (OC GRIP' The OC GRIP is a law enforcement partner specializing in targeted enforcement, prevention activities, and community engagement. Through this award -winning program, hundreds of police officers coordinate Curfew Sweeps in areas with a high volume of gang and/or criminal activity and all gang injunction safety zones to prevent minors from being victims of or participating in gang crimes. The program has rescued children as young as 6 years old roaming the streets past curfew.
OC GRIP teams consisting of deputy district attorneys, police officers, school principals and administrators go to the home of students with excessive truancy problems or 10 or more unexcused days of absence and conduct Truancy Interventions for students and parents to decrease truancy and support positive student attendance. Students are taken to school in a patrol car and counseled with their parents by the intervention team.
Orange County District Attorney's Office (OCDA)
The Orange County District Attorney's Office (OCDA) is a criminal justice agency partner that the City of Placentia has years of experience collaborating with directly, particularly in targeted enforcement and prevention activities.
The City of Placentia worked directly with the OCDA in 2015 to enact two injunctions against the rival Plas and La Jolla street gangs in Placentia, California. Through these two injunctions, the City and the OCDA worked in partnership to execute targeted enforcement and prevention activities reducing street gang activity and violent turf wars between rival gangs.
We also work collaboratively with both the Orange County Probation and California State Parole Agents. We have extensive experience collaborating directly with these agents, often riding along with our gang enforcement officers.
Placentia-Yorba Linda Unified School District (District) The District is a community -based partner specializing in targeted enforcement, prevention activities, and community engagement. The City provides have two School Resource Officers (SROs) to the district, with several duties at their schools. Through collaboration with the Project Safe Neighborhoods 2018 I City of Placentia Page 7
District, their primary objectives include preventing drug and alcohol abuse; preventing juvenile delinquency through close contact with students and school personnel; and protecting the school, staff, and students. The SROs investigate delinquent acts within the school system and crimes within the community that are school related. The SROs are also responsible for improving the image of the uniformed law enforcement officer in the eyes of the students and community.
Plan for Collecting Required Data
• Describe the process for measuring project performance.
Over the course of program performance and the implementation of its three focus efforts, the City of Placentia will produce reports to show reduction in violent and gang related crimes. In particular, a focus will be placed on a reduction in participation by juveniles in afterhours crimes, truancy, runaways. These metrics will be noted as an indicator that at -risk youth are receiving intervention before street gang influence can recruit these youth to more lethal criminal activity such as gun violence. These metrics will be included in the required two (2) separate Progress Reports on the programmatic accomplishments made toward the goals of the sub -grant agreement.
The City will also account for program income and costs generated by the activities of this agreement and shall report receipts and expenditures of this income on a Program Income/Federal Forfeiture form as stated within the Certified Assurances. This accounting will be included in the quarterly (4) Financial Status Reports on our financial activity. • Indicate who will be responsible for submitting Quarterly Progress Reports and Performance Measurement Tool Reports.
Lieutenant Adam Gloe
714-993-8159
[email protected]
Project Safe Neighborhoods 2018 I City of Placentia Page 8
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
EXHIBIT B - APPROVED BUDGET
12/10/20 SH
Budget Summary
Budget Summary
Note: Any errors detected on this page should be fixed on the corresponding Budget Detail tab.
Year 1
Year 2
(if needed)
Year 3
(if needed)
Year 4
(if needed)
Year 5
(if needed)
Budget Category
Federal
Request
Non -Federal
Request
Federal
Request
Non -Federal
Request
Federal
Request
Non -Federal
Request
Federal
Request
Non -Federal
Request
Federal
Request
Non -Federal
Request
17,
ro
0 0
A. Personnel
$180,668
$0
$180,668
$0
$0
$0
$0
$0
$0
$0
$361,336
B. Fringe Benefits
$77,756
$0
$77,756
$0
$0
$0
$0
$0
$0
$0
$155,512
C. Travel
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
D. Equipment
$15,992
$0
$0
$0
$0
$0
$0
$0
$0
$0
$15,992
E. Supplies
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
F. Construction
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
G. Subawards (Subgrants)
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
H. Procurement Contracts
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
$0
I. Other
$2,160
$0
$2,160
$0
$0
$0
$0
$0
$0
$0
$4,320
Total Direct Costs
$276,576
$0
$260,584
$0
$0 _
$0
$0
$0
$0
$0
$537,160
J. Indirect Costs
$0
$0
$0
$0
$0
$0
$0
$o
$o
$o
$o
Total Project Costs
$276,576
$0
$260,584
$0
$0
$0
$0
$0
$0
$0
$537,160
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N No 1 Purpose Area #4
Budget Detail - Year 1
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N (DOJ Financial Guide, Section 3.10)
No
A. Personnel
Name
List each name, if known.
Position
List each position, if known.
Computation
Show annual salary rate & amount of time devoted to the project for each name/position.
Salary
Rate
Time Worked
(# of hours, days, months,
years)
Percentage of
Time
Total Cost
Non -Federal
Contribution
Federal
Request
Brian Drew
Police Officer
$88,547.92
yearly
1 100%
$88,548
$88,548
James McElhinney
Captain
$165,445.43
yearly
1 32%
$52,943
$52,943
Julie Kennicutt
Sr. Mgmt. Analyst
$97,942.22
yearly
1 40%
$39,177
$39,177
Total(s)
$180,668
$0
$180,668
Narrative
Brian Drew, Police Officer, will be the point of contact for all field operations regarding enforcement.
James McElhinney, Captain, will manage the project, complete reports, and submit deliverables, spending 32% of his time on the project.
Julie Kennicutt, Sr. Mgmt. Analyst, will provide the Captain (project manager) assistance with submitted finished reports and other assitance where needed, spending 40% of her time on the project between Officer Drew and Captain McElhinney.
B. Fringe Benefits
Name
List each grant -supported position receiving fringe benefits.
Computation
Show the basis for computation.
Base
Rate
Total Cost
Non Federal
Contribution
Federal
Request
1 Purpose Area #4
Brian Drew
$88,547.92
51.88%
$45,939
$45,939
James McElhinney
$52,943.00
40.19%
$21,278
$21,278
Julie Kennicutt
$39,177.00
26.90%
$10,539
$10,539
Total(s)
$77,756
$0
$77,756
Narrative
Police Officer Brian Drew's fringe benefit rate is 51.88%: FICA (1.45%), Health Insurance (26.76%), Retirement (23.674%) Police Captain James McElhinney's fringe benefit rate is 40.19%: FICA (1.45%), Health Insurance (15.07%), Retirement (23.674%). Sr. Management Analyst Julie Kennicutt's fringe benefit rate is 26.90%: FICA (1.45%), Health Insurance (17.72%), Retirement (7.732%) C. Travel
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Location
Indicate the travel destination.
Type of Expense
Lodging, Meals, Etc.
Basis
Per day,
mile, trip,
Etc.
Computation
Compute the cost of each type of expense X the number of people traveling.
Cost
Quantity
# of Staff
# of
Trips
Total Cost
Non -Federal
Contribution
Federal
Request
N/A
$0
$0
N/A
$0
$0
N/A
$0
$0
2 Purpose Area #4
N/A
$0
$0
N/A
$0
$0
$0
Total(s)
$0
$0
$0
Narrative
D. Equipment
Item
List and describe each item of equipment that will be purchased Computation
Compute the cost (e.g., the number of each item to be purchased X the cost per item) # of Items
Unit Cost
Total Cost
Non -Federal
Contribution
Federal
Request
Getac Laptop
3 $5,330.66
$15,992
$15,992
Total(s)
$15,992
$0
$15,992
Narrative
3 Purpose Area #4
E. Supplies
Supply Items
Provide a list of the types of items to be purchased with grant funds.
Computation
Describe the item and the compute the costs. Computation: The number of each item to be purchased X the cost per item. # of Items
Unit Cost
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$o
Total(s)
$0
$0
$0
Narrative
F. Construction
Purpose
Provide the purpose of the
construction
Description of Work
Describe the constructionproject(s) Com
Computation
ute the costs e. the number of each item to bepurchased X the cost per item) p g
H of I+a»,e
reset
T„*„l r„e*
Non -Federal
Federal
4 Purpose Area #4
7T VJ 14.11.,
I.V,4
1 W.A. ,..--
Contribution
Request
$0
$0
Total(s)
$0
$0
$0
Narrative
G. Subawards (Subgrants)
Description
Provide a description of the activities to be carried out by subrecipients.
Purpose
Describe the purpose of the subaward (subgrant)
Consultant?
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$0
$0
$0
$0
$0
5 Purpose Area #4
$o
$o
Total(s)
$0
$0
$0
Consultant Travel (if necessary)
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Location
Indicate the travel destination.
Type of Expense
Hotel, airfare, per diem
Computation
Compute the cost of each type of expense X the number of people traveling.
Cost
Duration
or
Distance
# of
Staff
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$o
Total
$o
$o
$o
Narrative
H. Procurement Contracts
Description
Provide a description of the products or services to be procured by contract and an estimate of the costs. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold (currently $150,000).
Purpose
Describe the purpose of the contract
Consultant?
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
. -
Non -Federal
Federal
6 Purpose Area #4
Total Cost
Contribution
Request
$o
$o
$o
$0
$0
$o
Total(s)
$0
$0
$0
Consultant Travel (if necessary)
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Location
Indicate the travel destination.
Type of Expense
Hotel, airfare, per diem
Computation
Compute the cost of each type of expense X the number of people traveling.
Cost
Duration
or
Distance
# of
Staff
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$o
Total
$o
$o
$o
Narrative
I. Other Costs
Description
Computation
7 Purpose Area #4
List and describe items that will be paid with grants funds (e.g. rent, reproduction, telephone, janitorial, or security services, and investigative or confidential funds).
Show the basis for computation
Quantity
Basis
Cost
Length of Time
Total Cost
Non -Federal
Contribution
Federal
Request
Cell Phone
3 Monthly
$60.00
12 $2,160
$2,160
Total(s)
$2,160
$0
$2,160
Narrative
J. Indirect Costs
Description
Describe what the approved rate is and how it is applied.
Computation
Compute the indirect costs for those portions of the program which allow such costs.
Base
Indirect Cost Rate
Total Cost
Non Federal
Contribution
Federal
Request
$0
$0
Total(s)
$0
$0
$0
Narrative
8 Purpose Area #4
Budget Detail - Year 2
Does this budget contain conference costs which is defined broadly to include meetings, retreats, seminars, symposia, and training activities? - Y/N (DOJ Financial Guide, Section 3.10)
No
A. Personnel
Name
List each name, if known.
Position
List each position, if known.
Computation
Show annual salary rate & amount of time devoted to the project for each name/position.
Salary
Rate
Time Worked
(# of hours, days, months,
years)
Percentage of
Time
Total Cost
Non -Federal
Contribution
Federal
Request
Brian Drew
Police Officer
$88,547.92
yearly
1 100%
$88,548
$88,548
James McElhinney
Captain
$165,445.43
yearly
1 32%
$52,943
$52,943
Julie Kennicutt
Sr. Mgmt. Analyst
$97,942.22
yearly
1 40%
$39,177
$39,177
Total(s)
$180,668
$0
$180,668
Narrative
Brian Drew, Police Officer, will be the point of contact for all field operations regarding enforcement.
James McElhinney, Captain, will manage the project, complete reports, and submit deliverables, spending 32% of his time on the project.
Julie Kennicutt, Sr. Mgmt. Analyst, will provide the Captain (project manager) assistance with submitted finished reports and other assitance where needed, spending 40% of her time on the project between Officer Drew and Captain McElhinney.
B. Fringe Benefits
Name
List each grant -supported position receiving fringe benefits.
Computation
Show the basis for computation.
Base
Rate
Total Cost
Non Federal
Contribution
Federal
Request
1 Purpose Area #4
Brian Drew
$88,547.92
51.88%
$45,939
$45,939
James McElhinney
$52,943.00
40.19%
$21,278
$21,278
Julie Kennicutt
$39,177.00
26.90%
$10,539
$10,539
Total(s)
$77,756
$0
$77,756
Narrative
Police Officer Brian Drew's fringe benefit rate is 51.88%: FICA (1.45%), Health Insurance (26.76%), Retirement (23.674%) Police Captain James McElhinney's fringe benefit rate is 40.19%: FICA (1.45%), Health Insurance (15.07%), Retirement (23.674%). Sr. Management Analyst Julie Kennicutt's fringe benefit rate is 26.90%: FICA (1.45%), Health Insurance (17.72%), Retirement (7.732%) C. Travel
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Location
Indicate the travel destination.
Type of Expense
Lodging, Meals, Etc.
Basis
Per day,
mile, trip,
Etc.
Computation
Compute the cost of each type of expense X the number of people traveling.
Cost
Quantity
# of Staff
# of
Trips
Total Cost
Non -Federal
Contribution
Federal
Request
N/A
$0
$0
Total(s)
$0
$0
$0
Narrative
2 Purpose Area #4
D. Equipment
Item
List and describe each item of equipment that will be purchased Computation
Compute the cost (e.g., the number of each item to be purchased X the cost per item) # of Items
Unit Cost
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$o
Tota►(s)
$o
$o
$o
Narrative
The Police Officer will need a designated/issued MDC in order to receive the calls for service, dispo the case and complete all associated reports.
E. Supplies
Supply Items
Provide a list of the types of items to be purchased with grant funds.
Computation
Describe the item and the compute the costs. Computation: The number of each item to be purchased X the cost per item. 3 Purpose Area #4
# of Items
Unit Cost
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$o
Total(s)
$0
$0
$0
Narrative
F. Construction
Purpose
Provide the purpose of the
construction
Description of Work
Describe the constructionproject(s) Com
Computation
ute the costs e. the number of each item to bepurchased X the cost per item) p 9-
# of Items
Cost
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$o
Total(s)
$0
$0
$0
Narrative
4 Purpose Area #4
G. Subawards (Subgrants)
Description
Provide a description of the activities to be carried out by subrecipients.
Purpose
Describe the purpose of the subaward (subgrant)
Consultant?
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Total Cost
Non -Federal
Contribution
Federal
Request
$0
Total(s)
$0
$0
$0
Consultant Travel (if necessary)
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Location
Indicate the travel destination.
Type of Expense
Hotel, airfare, per diem
Computation
Compute the cost of each type of expense X the number of people traveling.
Cost
Duration
or
Distance
# of
Staff
Total Cost
Non -Federal
Contribution
Federal
Request
$0
$0
Total
$o
$o
$o
Narrative
5 Purpose Area #4
H. Procurement Contracts
Description
Provide a description of the products or services to be procured by contract and an estimate of the costs. Applicants are encouraged to promote free and open competition in awarding contracts. A separate justification must be provided for sole source procurements in excess of the Simplified Acquisition Threshold (currently $150,000).
Purpose
Describe the purpose of the contract
Consultant?
Is the subaward for a
consultant? If yes, use
the section below to
explain associated
travel expenses
included in the cost.
Total Cost
Non -Federal
Contribution
Federal
Request
$o
Total(s)
$0
$0
$0
Consultant Travel (if necessary)
Purpose of Travel
Indicate the purpose of each trip
or type of trip (training, advisory
group meeting)
Location
Indicate the travel destination.
Type of Expense
Hotel, airfare, per diem
Computation
Compute the cost of each type of expense X the number of people traveling.
Cost
Duration
or
Distance
# of
Staff
Total Cost
Non -Federal
Contribution
Federal
Request
$o
$0
Total
$o
$o
$o
Narrative
6 Purpose Area #4
I. Other Costs
Description
List and describe items that will be paid with grants funds (e.g. rent, reproduction, telephone, janitorial, or security services, and investigative or confidential funds).
Computation
Show the basis for computation
Quantity
Basis
Cost
Length of Time
Total Cost
Non -Federal
Contribution
Federal
Request
Cell phone
3 monthly
$60.00
12 $2,160
$2,160
Total(s)
$2,160
$0
$2,160
Narrative
Brian Drew, Police Officer, will need a cell phone to be able to give out direct contact information since he works in the field.
J. Indirect Costs
Description Computation
7 Purpose Area #4
Describe what the approved rate is and how it is applied.
Compute the indirect costs for those portions of the program which allow such costs.
Base
Indirect Cost Rate
Total Cost
Non Federal
Contribution
Federal
Request
$o
$o
Total(s)
$0
$0
$0
Narrative
8 Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
EXHIBIT C - SPECIAL CONDITIONS AND CERTIFIED STANDARD
ASSURANCES
The following program -specific requirements are imposed by the Federal sponsoring agency concerning special requirements of the law, program requirements, and other administrative requirements. These requirements apply to this Agreement and must be passed on to Subaward Subrecipients.
The following Special Conditions document is incorporated herein. 34 12/10/20 SH
DISCLOSURE OF LOBBYING ACTIVITIES
Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.)
1. Type of Federal Action:
B a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
2. Status of Federal Action:
A a. bid/offer/application
b. initial award
c. post -award
Approved by OMB
0348-0046
3. Report Type:
A a. initial filing
b. material change
For Material Change Only:
year quarter
date of last report
4. Name and Address of Reporting Entity:
Q Prime ❑ Subawardee
Tier , if known:
City of Placentia
401 E. Chapman Ave.
Placentia, CA 92870
Congressional District, if known: California 39
6. Federal Department/Agency:
Department of Justice
5. If Reporting Entity in No. 4 is a Subawardee, Enter Name and Address of Prime:
Congressional District, if known:
7. Federal Program Name/Description:
Project Safe Neighborhoods 2018 Grant
CFDA Number, if applicable:
8. Federal Action Number, if known:
9. Award Amount, if known:
10. a. Name and Address of Lobbying Registrant
(if individual, last name, first name, MI):
Townsend Public Affairs, Inc.
1401 Dove Street, Suite 330
Newport Beach, California 92660
b. Individuals Performing Services (including address if different from No. 10a)
(last name, first name, MI):
Kroeger, Laura
11 Information requested through this form is authorized by title 31 U S C section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U S.C. 1352, This information will be available for public inspection Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Signature:.
Print Name: MG E L4 ) N NE`s
Title: Ci f\RTAI►J
Telephone No.: (i ILO 61613 - Date: Oi 00C,O
Federal Use Only:
Authorized for Local Reproduction
Standard Form LLL (Rev. 7-97)
U.S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S.
Department of Justice ("Department"), that all of the following are true and correct:
(1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application.
(2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. . (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application -- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the
award;
b. the Applicant will require all subrecipients to comply with all applicable award requirements and all
applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest. (4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition -- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by
the Office on Violence Against Women, also may apply to an award made otherwise;
c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
(5) The Applicant also understands that (in addition to any applicable program -specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith -based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application.
(8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251(a) (17)), I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance --
a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and
b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in
promotional materials, in official statements, in formal policies, in applications for grants (including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or
licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public.
(9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application -- a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally -assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance.
(10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law --including, but not limited to, the Indian Self -Determination and Education Assistance Act --seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11). (11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S:C. §§ 10271- 10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General.
The People are the City
Mayor
WARD L. SMITH
Mayor Pro Tem
JEREMY B. YAMAGUCHI
Councilmembers:
CRAIG S. GREEN
RHONDA SHADER
CHAD P. WANKE
401 East Chapman Avenue - Placentia, California 92870
Placentia Police Department
(714) 993-8164
August 6, 2020
To whom it may concern,
Chief of Police
DARIN LENYI
Captain - Operations
BRAD BUTTS
Captain - Administration
JAMES MCELHINNEY
The City of Placentia certifies that, as an applicant entity, the City is not designated as a "DOJ High Risk grantee."
The City of Placentia further certifies that, as an applicant entity, the City is not designated as "High Risk" by any federal grant -making agency outside of DOJ. (High Risk includes any status under which a federal awarding agency provides additional oversight due to the applicant's past performance, or other programmatic or financial concerns with the applicant)
Please feel free to reach out to the City with any questions regarding our High -Risk Status.
Sincerely,
8//0/-c. cfly?
James McElhinney, Captain
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
EXHIBIT D - FEDERAL AGENCY REGULATIONS, UNIFORM GUIDANCE
CITATIONS, AUTHORIZING PROGRAM STATUTE
The primary source document for these requirements is the Federal U.S. Department of Justice (DOJ) Grants Financial Guide, applicable Office of Management and Budget (OMB) Circulars, and the Code of Federal Regulations specific to 2 C.F.R. 200.
The federal DOJ Grants Financial Guide may be found at
httas:// www.oja.gov/sites/g/files/xyckuh241/files/media/document/DOJ FinancialGuide.adf.
Additional information on OMB Circulars may be found at https://www.whitehouse.gov/omb/information-for-agencies/circulars/ .
The Code of Federal Regulations specific to 2 C.F.R. 200 may be found at https://www.ecfr.gov/cgi- bin/text-
idx?SI D=81fac8df714f68765b71f72ba000b5e1&mc=true&tpl=/ecfrbrowse/Title02/2cfr200_mai n_02.tpl Federal grant information may be found at:
http://www.grants.gov
35 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
EXHIBIT E - INSURANCE REQUIREMENTS
The Subrecipient shall keep in force and effect at all times during the term of the Agreement, including all extensions, the insurance specified in Exhibit E. Subrecipient shall ensure that any Subrecipients or Subcontractors maintain all insurance customary for the completion of the work done by that Subrecipient or Subcontractor and as required by the Children's Initiative.
Subrecipient shall provide the Children's Initiative with renewal or replacement evidence of insurance no later than thirty (30) days before the expiration or replacement of the required insurance.
The Children's Initiative shall be named as the Certificate Holder on the Certificate of Liability Insurance.
The Subrecipient shall obtain and maintain insurance coverage for real property and equipment acquired or improved with using Federal funds as provided to property owned by the Subrecipient. (2 C.F.R. 200.310).
1. MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:
A. Commercial General Liability, Occurrence form, Insurance Services Office CG0001 B. Automobile Liability covering all owned, non -owned, hired auto, Insurance Services Office CA0001
C. Workers' Compensation insurance as required by state statute, and employers' liability insurance covering all Subrecipient, Contractor, and Subcontractor employees acting within the course and scope of their employment.
D. Professional Liability (Errors & Omissions) required if Subrecipient provides or engages in any type of professional services, including but not limited to medical professional, counseling services, technical or legal services.
E. Protected Information Liability insurance covering all loss of Confidential Information, such as Personally Identifiable Information (PII), Protected Health Information (PHI), Tax Information, and Criminal Justice Information (CJI), and claims based on alleged violations of privacy rights through improper use or disclosure of protected information.
2. MINIMUM LIMITS OF INSURANCE
Subrecipient shall maintain limits no less than:
A. Commercial General Liability including Premises, Operations, Products, and Completed Operations, Contractual Liability, and Independent Contractors Liability:
36 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
$1,000,000 per occurrence for bodily injury, personal injury, and property damage.
The General Aggregate limit shall be $2,000,000.
B. Automobile Liability: $1,000,000 each accident for bodily injury and property damage.
C. Employer's Liability: $1,000,000 each accident for bodily injury or disease. Coverage shall include waiver of subrogation endorsement in favor of the Children's Initiative.
D. Professional Liability (Errors & Omissions): $1,000,000 per occurrence or claim with an aggregate limit of not less than $2,000,000. This coverage shall be maintained for a minimum of three years following the termination or completion of the Subaward pursuant to the Agreement.
E. Protected Information Liability: $1,000,000 per occurrence or claim with an aggregate not less than $2,000,000.
If the Subrecipient maintains broader coverage and/or higher limits than the minimums shown above the Children's Initiative requires and shall be entitled to the broader coverage and/or higher limits maintained by the Subrecipient. As a requirement of this Agreement, any available insurance proceeds in excess of the specified minimum limits and coverage stated above shall also be available to the Children's Initiative.
3. ADDITIONAL INSURED
The Children's Initiative shall be named as additional insured on all commercial general liability policies (leases and construction contracts require additional insured coverage for completed operations) required of Subrecipient, Contractor, and Subcontractor.
For each commercial insurance plan provided by Subrecipient under the Subaward, Subrecipient shall provide to the Children's Initiative certificates evidencing Subrecipient's insurance.
4. PRIMACY OF COVERAGE
Coverage required of Subrecipient and each Contractor and Subcontractor shall be primary over any insurance or self-insurance program carried by Subrecipient or the Children's Initiative.
5. CANCELLATION
All commercial insurance policies shall include provisions preventing cancellation or non -renewal, except for cancellation based on non-payment of premiums, without at least thirty (30) days prior notice to Subrecipient. Subrecipient shall forward such notice to the Children's Initiative within seven (7) days of the Subrecipient's receipt of such notice.
37 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
6. SEVERABILITY OF INTEREST CLAUSE
Coverage applies separately to each insured, except with respect to the limits of liability, and that an act or omission by one of the named insureds shall not reduce or avoid coverage to the other named insureds.
General Provisions
7. QUALIFYING INSURERS
All insurance policies required by the Agreement shall be issued by insurance companies with an AM Best rating of A -VIII or better according to the Best's Key Rating guide.
8. EVIDENCE OF INSURANCE
Prior to the commencement of this Agreement, but in no event later than the effective date of the Agreement, Subrecipient shall furnish the Children's Initiative with a copy of the policy declaration and endorsement pages along with the certificates of insurance and amendatory endorsements affecting coverage required by this clause. Policy declaration and endorsement pages shall be included with renewal certificates and amendatory endorsements submissions and shall be furnished to the Children's Initiative within 30 (thirty) days of the expiration of the term of any required policy. Subrecipient shall permit the Children's Initiative at all reasonable times to inspect any required policies of insurance.
9. FAILURE TO OBTAIN OR MAINTAIN INSURANCE; REMEDIES
Subrecipient's failure to provide insurance specified or failure to furnish certificates of insurance and amendatory endorsements or failure to make premium payments required by such insurance shall constitute a material breach of the Agreement and the Children's Initiative may, at its option, terminate the Agreement for any such default by the Subrecipient.
10. NO LIMITATION TO OBLIGATIONS
The foregoing insurance requirements as to the types and limits of insurance coverage to be maintained by Subrecipient, and any approval of said insurance by the Children's Initiative are not intended to and shall not in any manner limit or quality the liabilities and obligations otherwise assumed by Subrecipient pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification.
11. REVIEW OF COVERAGE
The Children's Initiative retains the right at any time to review the coverage, form, and amount of insurance required herein and may require Subrecipient to obtain insurance reasonably sufficient in coverage, form, and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required.
38 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
12. CLAIMS -MADE COVERAGE
If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that:
A. The policy retroactive date coincides with or precedes Subrecipient's commencement of work under the Agreement (including subsequent policies purchased as renewals or replacements).
B. Subrecipient will make every effort to maintain similar insurance during the required extended period of coverage following the expiration of the Agreement.
C. If insurance is terminated for any reason, Subrecipient shall purchase an extended reporting provision of at least three years to report claims arising in connection with the Agreement.
D. The policy allows for the reporting of circumstances or incidents that might give rise to future claims.
13. SUBCONTRACTORS' INSURANCE
Subrecipient shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Subrecipient shall ensure that the Children's Initiative is an additional insured on insurance required from subcontractors. Such Additional Insured endorsement shall be attached to the certificate of insurance in order to be valid and on a form at least as broad as ISO from CG 2010 11 85 or both CG 2010, CG 2026, CG 2033, or CG 2038; and CG 2037 forms if later revisions used. If any subcontractor's coverage does not comply with the foregoing provisions, Subrecipient shall defend and indemnify the Children's Initiative from any damage, loss, cost, or expense, including attorney's fees, incurred by the Children's Initiative as a result of the subcontractor's failure to maintain the required coverage.
14. SUBROGATION WAIVER
Subrecipient hereby grants to the Children's Initiative a waiver of their rights of subrogation, which any insurer of Subrecipient or its Contractors and Subcontractors may acquire against the Children's Initiative by virtue of the payment of any loss. Subrecipient agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the Children's Initiative for all work performed by the Subrecipient, its employees, agents, and subcontractors. 39 12/10/20 SH
Subrecipient: City of Placentia
Subrecipient DUNS: 040504417
Project: Placentia S.T.R.O.N.G. Project (Systemic Teaching for the Reduction Of Neighborhood Gang -activity) FAIN: 2019-G P- BX-0134
Sample Certificate of Insurance
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TO:
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FROM:
DATE:
Placentia Cit Council
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JUNE 21, 2022
AGENDA REPORT
SUBJECT: EXTENSION OF TIME LIMIT FOR A TOTAL OF 12 ADDITIONAL MONTHS FOR TENTATIVE PARCEL MAP (TPM) NO. 2020-124 PERTAINING TO THE SUBDIVISION OF A +I- 0.19 -ACRE LOT INTO THREE RESIDENTIAL TOWNHOME CONDOMINIUM UNITS LOCATED 803 W. LA JOLLA STREET WITHIN THE HIGH DENSITY RESIDENTIAL (R-3) ZONING DISTRICT FISCAL
IMPACT: APPROXIMATELY $28,767 OF DEVELOPMENT IMPACT FEE REVENUE PRIOR TO CONSTRUCTION OF A THREE (3) RESIDENTIAL UNIT TOWNHOME
BUILDING
SUMMARY:
On May 5, 2020, the City Council approved Tentative Parcel Map (TPM) 2020-124. Pursuant to condition of approval No. 4 of Attachment "A" of Resolution No. R-2020-23, TPM 2020-124 shall expire on May 5, 2022, if a Final Map is not recorded. Upon written request by the developer the time limit may be retroactively extended an additional twelve months by the City Council. A written request was submitted by the developer to the Development Services Department on May 19, 2022, requesting an extension of time limit for a total of 12 additional months, in order to properly record a final subdivision map. If approved by City Council, the expiration date of the TPM will now be May 5, 2023.
RECOMMENDATION:
It is recommended that the City Council take the following action:
Adopt Resolution R-2022-41, a Resolution of the City Council of the City of Placentia, California, adopting a categorical exemption pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000-21177 and §15000 et seq. of Title 14 of the California Code of Regulations) (CEQA) and approving the extension of approval for a total of 12 months of Tentative Parcel Map (TPM) 2020-124 pertaining to the subdivision of property located within the High Density Residential (R-3) Zoning District and site on property at 803 W. La Jolla Street and making findings in support thereof.
1.j.
June 21, 2022
City Council Agenda
June 21, 2022
BACKGROUND:
TPM 2020-124 is a request to subdivide an approximately 0.19 -acre improved lot with three residential townhome condominium units located at 803 W. La Jolla Street. PMC Section
22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.100 requires that within 24 months after approval or conditional approval of the tentative map or maps, the subdivider shall cause the subdivision or any part thereof, to be surveyed and a parcel map to be prepared in accordance with the tentative map as approved or conditionally approved.
Upon application by the subdivider, the time limit may be extended a total of 12 months by the City Council. A written request was submitted by the developer to the Development Services Department on May 19, 2022, requesting an extension of time limit for a total of 12 additional months, in order to properly record a final subdivision map. Pursuant to Section 66463.5(c) of the Government Code and upon application of the subdivider, the time at which the map expires may be extended by the City Council for a period or periods not to exceed a total of three (3) years. This is the first request submitted by the developer for an extension of time limit for a total of 12 additional months.
Applicable Code Section — Placentia Municipal Code
Chapter 22.80.100 of the PMC sets forth time limits to record a final parcel map. Upon application by the subdivider, the time limit may be extended a total of 12 months by the City Council. A written request was submitted by the developer to the Development Services Department on May 19, 2022, requesting an extension of time limit for a total of 12 additional months, in order to properly record a final subdivision map. There have been no changes to the TPM, and this action could result in the construction of a two-story, multi -family building consisting of three (3) attached residential townhome units.
ENVIRONMENTAL:
The proposed application was reviewed by Staff in accordance with the requirements of the California Environmental Quality Act (CEQA), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia. As part of their actions taken on May 5, 2020, the City Council found that TPM 2020- 124 is exempt from CEQA pursuant to State CEQA Guidelines §15332 (Class 32: In -Fill Development Projects) as the permit would be issued to an infill development project on a qualified site of less than five acres in size.
CONCLUSION:
The proposed project is consistent with the City's General Plan and meets the minimum development standards of the PMC. With the recommended conditions of approval, the proposed subdivision located within the existing R-3 Zoning District will be compatible with adjacent land uses and will not result in any adverse impacts to the surrounding area.
City Council Agenda
June 21, 2022
Through that process, Staff will review the plans for consistency with the Placentia Municipal Code, Building Codes, and all other applicable codes.
FISCAL IMPACT:
Approval of the Extension of Time request for the approval the Tentative Parcel Map to subdivide three residential townhome condominium units will generate approximately $28,767 in Development Impact Fees.
Prepared by:
Andrew Gonzales
Senior Planner
Reviewed and approved:
Jennifer Lampman
Director of Finance
Reviewed and approved:
ph ambert
Director of Development Services
Reviewed and approved:
Damien R. Arru as
City Administrator
Attachments:
1. Resolution No. R-2022-41 — Approving Extension of Time Limit TPM 2020-124
1.a. Conditions of Approval
2. Resolution No. R-2020-23 (Signed and with Attachments)
3. Tentative Parcel Map Exhibit (TPM 2020-124)
RESOLUTION NO. R-2022-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PLACENTIA,
CALIFORNIA, ADOPTING A CATEGORICAL EXEMPTION PURSUANT
TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (PUBLIC
RESOURCES CODE §§ 21000-21177 AND §15000 ET SEQ. OF TITLE 14
OF THE CALIFORNIA CODE OF REGULATIONS) (CEQA) AND
APPROVING AN EXTENSION OF TIME LIMIT FOR A TOTAL OF 12
ADDITIONAL MONTHS FOR TENTATIVE PARCEL MAP (TPM) 2020-124
PERTAINING TO THE SUBDIVISION OF PROPERTY LOCATED ON AN APPROXIMATELY 0.19 -ACRE, IMPROVED LOT WITH THREE
RESIDENTIAL TOWNHOME CONDOMINIUM UNITS LOCATED AT 803
W. LA JOLLA STREET WITHIN THE HIGH DENSITY RESIDENTIAL (R- 3) ZONING DISTRICT AND MAKING FINDINGS IN SUPPORT THEREOF A. Recitals.
WHEREAS, On May 5, 2020, the City Council of the City of Placentia considered Tentative Parcel Map (TPM) 2020-124 at a duly noticed City Council meeting, as required by law and approved Tentative Parcel Map (TPM) 2020-124 for property located at 803 W. La Jolla Street. This action occurred subsequent to the Planning Commission of the City of Placentia conducting, and concluding, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Parcel Map (TPM) 2020-124;
WHEREAS, On May 5, 2022, approval of TPM 2020-124 was set to expire and considered null and void with no final parcel map being recorded within 24 months of approval of the TPM 2020-124;
WHEREAS, On May 19, 2021, a written request was submitted by the developer to the Development Services Department, requesting a retroactive extension of time limit for a total of 12 additional months, in order to properly record a final subdivision map; WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Resolution R-2022-41
ATTACHMENT 1
Section 2. Based upon substantial evidence presented to this City Council with regard to the Application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The request for extension of time limit for a total of 12 additional months for TPM 2020-124 will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. Subject to compliance with the attached Conditions of Approval set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the "R-3" High Density Residential Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC). b. The proposed use is consistent with the City's General Plan.
The General Plan Land Use designation for the subject site is high -density residential, and the proposed use does not involve any change in the allowable land use of the subject site. The proposed project involves the development of an improved 0.19 -acre parcel with a two-story, multi -family housing development containing three (3) residential condominium units consistent with the "R-3" High Density Residential Zone and the General Plan.
c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.21 of the PMC. City Staff carefully examined the proposed development against the applicable development regulations prescribed in Title 23 (Zoning Ordinance), and determined it to be in substantial compliance. The proposed subdivision includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements.
d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this Tentative Parcel Map approval. Attachment "1.A" of the staff report (Attachment A to this Resolution) contain Conditions of Approval and Standard Development requirements specific to this application in order to provide assurances that the proposed subdivision and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan.
The proposed Tentative Parcel Map is to subdivide three (3) residential townhome units for condominium purposes on a 0.19 -acre improved lot. The proposed map is consistent with all polices, programs, and goals of the General Plan. f. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use Resolution R-2022-41
ATTACHMENT 1
of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application. Although several easements have been found, they are mostly for utility access only.
g. That the design of the subdivision or the proposed
improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an underutilized property that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat.
Section 3. a. The City Council of the City of Placentia found that TPM 2020-124 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15332 (Class 32 — Infill Development Projects) as the permit would be issued to an infill development project on a qualified site of less than five acres in size; b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the public hearing conducted with respect to the Application.
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves the request for an extension of time for a total of 12 additional months for Tentative Parcel Map 2020-124, as modified herein, and specifically subject to the conditions set forth in Attachment "1.A." of the staff report (Attachment A to this Resolution) attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 21st day of June 2022.
Rhonda Shader, Mayor
ATTEST:
Resolution R-2022-41
ATTACHMENT 1
Robert S. McKinnell, City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 21st day of June 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
Christian L. Bettenhausen, City Attorney
Resolution R-2022-41
ATTACHMENT 1
Attachment "A"
Conditions of Approval of Tentative Parcel Map (TPM) 2020-124 Resolution R-2022-XX
Attachment A
RESOLUTION NO. R-2020-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PLACENTIA, CALIFORNIA APPROVING TENTATIVE
PARCEL MAP (TPM) 2020-124 FOR THE SUBDIVISION OF
THREE (3) RESIDENTIAL TOWNHOME UNITS FOR
CONDOMINIUM PURPOSES ON A 0.19 -ACRE IMPROVED
LOT LOCATED WITHIN THE HIGH DENSITY RESIDENTIAL
(R-3) ZONING DISTRICT AT 803 W. LA JOLLA STREET
A. Recitals
WHEREAS, on April 14, 2020, the Planning Commission of the City of Placentia conducted, and concluded, a duly noticed public hearing, as required by law, recommending to the City Council of the City of Placentia, approval of Tentative Parcel Map No. TPM 2020-124 for the project located at 803 W. La Jolla Street.
WHEREAS, The Planning Commission heard testimony, received a report and other relevant information from City Staff and members of the public including CHD International, c/o Eric Lin, ("Applicant" hereinafter), regarding a Tentative Parcel Map application.
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
Section 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct.
Section 2. Based upon substantial evidence presented to this City Council with regard to the application, including written staff reports, verbal testimony and development plans, the City Council hereby specifically finds as follows:
a. The proposed project will not be: (1) detrimental to the health, safety or general welfare of the persons residing or working within the neighborhood of the proposed development or within the city, or (2) injurious to the property or improvements within the neighborhood or within the city. Subject to compliance with the attached Conditions of Approval set forth in Attachment "A" of this Resolution and by this reference incorporated herein and Standard Development Requirements, the project complies with all applicable code requirements and development standards of the High Density Residential (R-3) Zoning District and Title 22, and with other applicable regulations of the Placentia Municipal Code (PMC).
Resolution R-2020-23
b. The proposed use is consistent with the City's General Plan. The General Plan Land Use designation for the subject site is "High Density Residential", and the proposed use does not involve any change in the land use of the subject site. The proposed project involves the development of a two-story, multi -family building consisting of a total of three attached residential townhome units. c. The proposed project as presented in the staff report and accompanying plans complies with all requirements of Chapter 23.21, "R -3" -High Density Multiple -Family District, of the PMC. City Staff carefully examined the proposed development against the applicable development regulations prescribed in Title 23 (Zoning Ordinance) and determined it to be in substantial compliance. The proposed Development includes Conditions of Approval and Standard Development Requirements to ensure full compliance with applicable code requirements. d. Conditions necessary to secure the purposes of this section, including guarantees and evidence of compliance with conditions are made part of this development approval. Attachment "A" contain Conditions of Approval and Standard Development requirements specific to this development application in order to provide assurances that the proposed construction of the residential development project and related on and off -site improvements are in compliance with applicable requirements of the PMC.
e. That the proposed map is consistent with the General Plan. The proposed Tentative Parcel Map is to support the construction of a two-story, multi -family building consisting of a total of three attached residential townhome units on the site. The proposed residential development is consistent with all polices, programs, and goals of the General Plan, as the condominium townhome development will be consistent with Land Use Policy LU-5.8, by improving the quality of Placentia's multi -family neighborhoods through improved site, building, and landscaping design, and is consistent with Policy LU-1.2 in that the project will accommodate an opportunity for infill multi -family residential development, and is also consistent with Policy LU-2.4 in that this development is designed to be compatible with adjacent neighborhoods. f. That the site is physically suitable for the type of development. The subject site is a 0.19 -acre area, which has been designed to accommodate the development pursuant to allowable density allowed in the R-3 Zone, and the project also is providing sufficient parking and landscaping. Based on this, the subject site is adequate to accommodate the proposed residential development.
g. That the design of the subdivision or type of improvements is not likely to cause serious public health problems. The proposed subdivision is to allow the formation of three residential condominium units within the City of Placentia that will accommodate one residential townhome building.
Resolution R-2020-23
h. That the design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. As part of the review of the application, an extensive record research was completed. Additionally, the application submitted a preliminary title report with their application. Although easements have been found, they are mostly for utility access only. All of the easements will be protected in place and will not be altered by the construction of the project.
That the design of the subdivision or the proposed improvements is not likely to cause substantial environmental damage or substantially and avoidably injure wildlife or their habitat. The subject site is an improved property that only has limited vegetation. There are no known areas within the City that host wildlife or their habitat, most particularly species.
j. The intent of the R-3 zone is to stabilize and maintain the residential character of the district for high density apartment living. The proposed project will create a new multi -family residential development. The applicant has designed the residential development in a manner that accomplishes all of the goals of the General Plan and Zoning Code, while avoiding significant impacts to the neighboring properties by utilizing proper site design, good architecture, and providing appropriate areas of open space.
Furthermore, the proposed design will enhance the streetscape, thus contributing to aesthetically enrich the La Jolla neighborhood.
k. The proposed development's site plan and its design features, including architecture and landscaping, will integrate harmoniously with and enhance the character and design of the site, the immediate neighborhood, and the surrounding areas of the City. Currently the site is an underutilized site.
Section 3.
a. Based upon the environmental review of the project, the City Council finds that TPM 2020-124 is exempt from the California Environmental Quality Act ("CEQA"), Public Resources Code §§ 21000 et seq., the State CEQA Guidelines, 14 C.C.R. §§ 15000 et seq., and the Environmental Guidelines of the City of Placentia pursuant to the State CEQA Guidelines § 15332 (Class 32 — Infill Development Projects) as the permit would be issued to an infill development project on a qualified site of less than five acres in size.
b. The City Council finds and determines that, based upon the findings set forth above and below, and changes and alterations which have been incorporated into and conditioned upon the proposed project, no significant adverse environmental effects will occur; and
c. The City Council finds that facts supporting the above -specified findings are contained in the staff report and exhibits, and the information provided during the City Council meeting conducted with respect to the Application.
Resolution R-2020-23
Section 4. Based upon the findings and conclusions set forth herein, the City Council hereby approves Tentative Parcel Map 2020-124, as modified herein, and specifically subject to the conditions set forth in Attachment A to this Resolution attached hereto and by this reference incorporated herein.
PASSED, ADOPTED and APPROVED this 5th day of May 2020.
ATTEST:
OM- 1
.--. Okit
R bert S. McKinnell, C
yCler
STATE OF CALIFORNIA
COUNTY OF ORANGE
d
Ward L. Smith, Mayor
V
DEC ``a;>.
•
Z 1926
•
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'Ste ifs 1111111 \1%►N%
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing Resolution was adopted at a regular meeting of the City Council of the City of Placentia, held on the 5th day of May 2020 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers:
Councilmembers:
Councilmembers:
Councilmembers:
APPROVED AS TO FORM:
Christian Bettenhausen, City Attorney
Green, Shader, Wanke, Yamaguchi, Smith
None
None
None
\-/
Rob rt S. McKinnell, City CI rk
igoc-
Resolution R-2020-23
ATTACHMENT "A"
Attachment "A"
Special Conditions of Approval for
Tentative Parcel Map No. (TPM) 2020-124
803 W. La Jolla Street
SPECIAL CONDITIONS
If the above referenced application is approved, applicant and/or property owner shall comply with the Special Conditions listed below and the Standard Development Requirements attached.
ALL OF THE FOLLOWING SPECIAL CONDITIONS OF APPROVAL AND STANDARD
DEVELOPMENT REQUIREMENTS SHALL BE FULLY COMPLIED WITH FOR THE DEVELOPMENT PLAN REVIEW TO CONTINUE IN GOOD STANDING.
DEVELOPMENT SERVICES DEPARTMENT - PLANNING DIVISION:
1. Failure to abide by and faithfully comply with any and all conditions attached to this action shall constitute grounds for revocation or amendment of said actions by the City of Placentia Planning Commission.
2. The applicant shall, as a condition of project approval, at its sole expense, defend, indemnify and hold harmless the City, its officers, employees, agents and consultants from any claim, action, proceeding, liability or judgment against the City, its officers, employees, agents and/or consultants, which action seeks to set aside, void, annul or otherwise challenge any approval by the City Council, Planning Commission, or other City decision -making body or City staff action concerning applicant's project.
The applicant shall pay the City's defense costs, including attorney fees and all other litigation -related expenses, and shall reimburse the City for any and all court costs, which the City may be required to pay as a result of such defense. The applicant shall further pay any adverse financial award which may issue against the City including but not limited to any award of attorney fees to a party challenging such project approval. The City shall retain the right to select its counsel of choice in any action referred to herein. The City agrees to promptly notify the applicant of any such claim filed against the City and to fully cooperate in the defense of any such action.
3. Approval of TPM 2020-124 and the final map is contingent upon City Council Approval.
4. TPM 2020-124 shall expire twenty-four (24) months after approval or conditional approval if a final map is not recorded. Upon written request, by the developer, the time limit may be extended an additional twelve (12) months by City Council.
Resolution R-2020-23 ATTACHMENT A
5. A final parcel map shall be prepared by or under the direction of a registered Civil engineer or licensed land surveyor in the State, as provided for in the Business and Professions Code.
6. TPM 2020-124 shall comply with the applicable requirements of Title 22 Subdivisions of the Placentia Municipal Code.
7. Any modifications to the approved floor plan/site plan and any modifications which will change, expand or intensify the use shall be subject to review and approval by the Director of Development Services. The Director of Development Services or his or her designee may determine if such modifications require approval by the Placentia Planning Commission or may be approved administratively by City staff.
8. Prior to final release of the residential units for occupancy, all Special Conditions of Approval and Standard Development Requirements shall have been completed and final inspections approved for their respective portion.
9. Applicant/builder is responsible, at its sole cost and expense, to cause all cable, telephone, electrical, and other utility services serving the property to be placed underground within the subject site. Prior to the issuance of building permits, Applicant/builder shall submit a separate utility plan for each such utility service. The utility plan shall indicate the precise location of where all cable, telephone, electrical, and other utility services serving the property will be placed underground within the subject site, as well as the points of connection at the proposed building or buildings on the site and the public right-of-way. Prior to the submittal of the utility plans to the City, the plans shall be reviewed and approved by the utility companies. Evidence of approvals shall be in the form of a signed and dated approval stamp and/or approval letter. If the precise locations of future utility services cannot be reasonably ascertained prior to the issuance of building permits, upon prior written approval of the Director of Development Services, prior to issuance of a certificate of occupancy.
Applicant/builder shall provide the City with "as built" plans showing the precise locations where all cable, telephone, electrical, and other utility services serving the property were placed underground within the subject site, as well as the points of connection at the building or buildings on the site and the public right-of-way.
10. The final action of TPM 2020-124 shall be contingent upon final approval of Use Permit No. UP 2020-01 and Site Plan Review No. SPR 2020-03. In the event the TPM is denied, approval of any of the aforementioned entitlements shall be deemed to be null and void.
11. Comply with all applicable conditions of approval of UP 2020-01 and SPR 2020-03.
PUBLIC WORKS - ENGINEERING DIVISION:
12. Prior to recordation of the final parcel map, the public improvement plans as required shall be prepared and signed by the City Engineer.
Resolution R-2020-23 ATTACHMENT A
Final Parcel Map
13. Applicant shall provide a quitclaim or relocation of any easement(s) that affects the proposed development.
14. The applicant shall prepare and submit a preliminary title report no older than 90 days.
15. Prior to approval of the Final Parcel Map, pursuant to the Subdivision Improvement Agreement for Public Improvements and survey Monumentation, the developer shall provide security in an amount specified in writing by the Registered Civil Engineer or a Licensed Land Surveyor of record. The developer shall enter into an agreement providing for the necessary right-of-way, design and construction of missing public improvements, which shall be constructed in coordination with adjacent existing improvements prior to occupancy of the development and subject to review and approval by the City Engineer.
16. The applicant shall establish a Homeowner's association (HOA) for the purpose of maintaining all private access, common lots, onsite fire hydrant, common sewer line, WQMP, LIP, open space, storm drainage and emergency opening of security gate.
The association is subject to the review and approval of the Director of Public Works and City Attorney and shall be recorded concurrently with the final parcel map.
17. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate Mylar of the final parcel map and all as built public improvement plans, in a manner acceptable to the City Engineer. The computer analysis may be submitted on a CD with a proper labeled.
Resolution R-2020-23 ATTACHMENT A
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PROPOSED WATER LATERAL & METERS
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EX. FIRE HYDRANT
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PROPOSED FIRE HYDRANT
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SCE ESMT. pER DOC RECORDED
JAN 5, 1965 S INSTRUMENT NO.1459
TO BE QUIT, AIM
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PER DOC. RECORDED DEC. 8, 1988,
AS INSTRUMENT NO.88-638958
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GRADE
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NOTES:
ZONE: R-3 (PRESENT)
ZONE: R-3 (PROPOSED)
NO. OF EX. UNIT: 1
NO OF PROP. UNITS: 3
AREA OF LOT: 8,237.5 SQ. FT. = 0.19 ACRE
NO. OF STORIES: 2
NO. OF PARKING: 6 (RESIDENT) + 1 (GUEST)
APN NO. 344-131-11
SEWERAGE DISPOSAL: BY GRAVITY SEWER PIPES TO STREET MAIN.
OWNER:
STEVEN ZH/YU WANG
WE/ JI
17746 NEARBANK DRIVE
ROWLAND HEIGHTS, CA 91748
PREPARED BY:
WOO JONG BAEK, P.E.
RCE. 66306
4905 COLLEGE VIEW AVE.
LOS ANGELES, CA 90041
TEL: (562) 331-5681
UTILITY SERVICES:
WATER - GOLDEN STATE WATER COMPANY
SEWER - CITY OF PLACENTIA
GAS - SOUTHERN CALIFORNIA GAS COMPANY
ELECTRICAL - SOUTHERN CALIFORNIA EDISON
TELEPHONE - AT&T
FIRE - CITY OF PLACENTIA
SHERIFF - CITY OF PLACENTIA
LEGEND:
(332.1) EXISTING ELEVATION
333.00 PROPOSED ELEVATION
--(333)-- EXISTING CONTOUR
DRAINAGE PATTERN
EXISTING STRUCTURE
...PROPOSED STRUCTURE
PROPOSED SEWER
-....PROPOSED PVC DRAIN PIPE
E SCE ELECTRICAL
EC END OF CONCRETE
_ EP END OF PAVEMENT
EXISTING EX EXISTING
GRADE FF FINISH FLOOR
FG FINISH GRADE
FL FLOW UNE
FS FINISH SURFACE
GAS UNE
HP HIGH POINT
S SEWER
S/W SIDEWALK
TC TOP OF CURB
TG TOP GRATE
W WATER UNE
ORANGE COUNTY BENCHMAKR 404-14-68, OCS 2003
FD 3 3/4n
OCS ALUMINUM BENCHMARK DISK, SET IN THE S/W COR OF A 4FT. BY 8FT. CONC CB. MONUMENT IS LOCATED IN THE N/E COR OF THE INTERSEC770N OF PLACENT7A AVE AND ACHINSON TOPEKA SANTA FE RAIL WA Y, 33.5FT. EASTERLY OF THE C/L OF PLACENT7A AVE AND 87FT. NOR 17-/ERL Y OF THE NORTHERLY RAIL ALONG 7HE RAILWAY. MONUMENT IS SET LEVEL WITH THE SIDEWALK
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TO:
VIA:
FROM:
DATE:
Placentia City Council
CITY COUNCIL
CITY ADMINISTRATOR
DEPUTY CITY ADMINISTRATOR
JUNE 21, 2022
AGENDA REPORT
SUBJECT: CONTRACT AMENDMENTS FOR HUMAN RESOURCES SUPPORT SERVICES FISCAL
IMPACT:
SUMMARY:
EXPENSE: $75,000
$35,000
BUDGET: $75,000
$35,000
PROFESSIONAL SERVICES (101512-6099)
CONTRACT SERVICES (101512-6001)
PROFESSIONAL SERVICES (101512-6099)
CONTRACT SERVICES (101512-6001)
At the end of 2021, Human Resources had several vacant positions. In order to continue operations and provide internal and external customer service, consultants were brought on to provide temporary professional staffing while the City began recruiting to fill the vacancies. In September and October 2021, the City entered into Professional Service Agreements with Lisa Carter and MV Cheng & Associates Inc. (respectively) to provide support to the Human Resources division. As the positions are now being filled, the need for the temporary staff has been reduced and is coming to a close. The recommended actions will approve the contract amendments with each consultant to increase the compensation with Lisa Carter for an additional $35,000 and MV Cheng & Associates Inc. for an additional $75,000 to conclude payment for the services provided during this transition period.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 2 to Professional Services Agreement with Lisa Carter for an additional not -to -exceed amount of $35,000; and
2. Approve Amendment No. 1 to Professional Services Agreement with MV Cheng & Associates Inc. for an additional not -to -exceed amount of $75,000; and
3. Authorize the City Administrator and/or his designee to execute the necessary documents, in a form approved by the City Attorney.
1.k.
June 21, 2022
City Council Agenda
June 21, 2022
DISCUSSION:
In late 2021, the Human Resources division had several vacant positions. In order to continue operations and provide the same level of internal and external customer service, consultants were brought on to provide temporary professional staffing while the City recruited to fill the vacancies.
In September 2021, the City entered into Professional Service Agreements with Lisa Carter for an amount not -to -exceed $24,999 to provide support to the Human Resources division, specifically to handle all recruitments for the City. On May 25, 2022, the City entered into Amendment No. 1 with Lisa Carter for an additional amount of $15,000 which was approved under the purview of the City Administrator's signature authority. The proposed Amendment No. 2 is for an amount not -to -exceed $35,000 which will cover the concluding cost for services with Ms.
Carter. In October 2021, the City entered into Professional Service Agreements with MV Cheng & Associates Inc. for an amount not -to -exceed $24,999 to provide support to the Human Resources division, more specifically in the area of employee benefits. The proposed Amendment No. 1 is for an additional amount not -to -exceed $75,000 which is expected to cover current support services provided which are anticipated to conclude next month.
FISCAL IMPACT:
Amendment No. 2 with Lisa Carter is for an additional not -to -exceed amount of $35,000.
Amendment No. 1 with MV Cheng & Associates Inc. is for an additional not -to -exceed amount of $75,000. Due to the vacancies and salary savings, there are sufficient funds within the Administration Department budget to address the increased cost. As such, sufficient funds exist for the recommended actions.
Prepared by:
i
Ado
Ros na Ramirez
Reviewed and approved:
Jennifer Lampman
Deputy City Administrator Director of Finance
Reviewed and approved:
Tl
Damien R. Arrula
City Administrator
Attachments:
1. Amendment No. 2 to Professional Services Agreement with Lisa Carter
2. Amendment No. 1 to Professional Services Agreement with MV Cheng & Assoc. Inc_
AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH
MV CHENG & ASSOCIATES, INC.
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the 16th day of June, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and MV Cheng & Associates, Inc., (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective October 6, 2021 through which CONSULTANT has been providing Human Resources services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties desire to amend the Agreement to increase CONSULTANT'S compensation from $24,999.00 to $100,000.00.
(iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Paragraph 2.1 of the Agreement is hereby amended to read as follows:
Consultant's total compensation shall not exceed Forty Thousand Dollars ($40,000.00).
2. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
3. The Agreement, together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.
4. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.
IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Professional Services Agreement are to be executed as of the day and year first above written.
CONSULTANT CITY OF PLACENTIA
By: By:
MV Cheng & Associates Inc., Consultant Damien R. Arrula, City Administrator ATTEST:
By:
Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:
By:
Christian L. Bettenhausen, City Attorney
EXHIBIT A
SCOPE OF WORK
To provide support to the Human Resource division and work on special projects as assigned by the Deputy City Administrator including, but not limited to, the recruitment process and administrative needs for day-to-day operations of the Human Resources Division until current vacancies are filled.
TO:
VIA:
FROM:
DATE:
SUBJECT:
Placentia Cit Council
AGENDA REPORT
CITY COUNCIL
CITY ADMINISTRATOR
DIRECTOR OF DEVELOPMENT SERVICES
JUNE 21, 2022
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT FOR
PROVISION OF BUILDING INSPECTION, PERMIT TECHNICIAN AND FIRE
PLAN CHECK AND INSPECTION SERVICES
FISCAL
IMPACT: REVENUE $100,000 (102532-4163)
EXPENSES $100,000 (102532-6050)
SUMMARY:
In July 2020, the City contracted with CSG Consultants Inc. ("CSG") to provide contract staffing services to perform fire plan check and inspection services related to development. In April 2021, Amendment No. 1 to the Professional Services Agreement was approved administratively increasing the annual consultant compensation to $40,000. In May 2022, Amendment No. 2 to the Professional Services Sgreement was approved administratively to extend the agreement to June 2023 and to include building inspection services. This action would approve an amended Professional Services Agreement (Amendment No. 3) with CSG for a term ending June 30, 2023 for contract staffing to include the following services as needed: building plan check, building inspection, building permit technician staffing, other building staffing as needed, and fire plan check and inspection services in an amount not to exceed $100,000 per Fiscal Year ("FY"), including the remainder of this FY.
RECOMMENDATION:
It is recommended that the City Council take the following actions:
1. Approve Amendment No. 3 to the Professional Services Agreement with CSG, to provide professional services as needed related to building plan check, building inspection, building permit technician staffing, and fire plan check and inspection services for a term ending June 30, 2023; and
2. Approve Resolution No. R-2022-45, A Resolution of the City Council of the City of Placentia, California authorizing a budget amendment in Fiscal Year 2021-22 in compliance with City Charter of the City of Placentia §§ 1206 and 1209 pertaining to appropriations for actual expenditures; and
11 June 21, 2022
City Council Agenda
June 21, 2022
3. Authorize the City Administrator to approve up to two (2) additional one-year extensions pursuant to the terms of the subject Amendment No. 3 to the Professional Services Agreement with CSG.
BACKGROUND:
With the establishment of the Placentia Fire and Life Safety Department in July 2020, Orange County Fire Association (OCFA) no longer performed fire plan check and fire inspection services related to development. Therefore, in July 2020, the City contracted with CSG Consultants Inc. ("CSG") to provide contract staffing services to perform fire plan check and inspection services related to development. That professional services agreement was approved administratively.
Since that time, other consultant(s) were also brought under contract to perform similar services as needed, however, there is still a need for CSG to perform some fire plan check and inspection services related to development.
In April 2021, Amendment No. 1 to the Professional Services Agreement for CSG was approved administratively increasing the annual consultant compensation to $40,000. This was based on the workload CSG was handling, and at the time, CSG was the City's primary fire consultant.
In May 2022, Amendment No. 2 to the Professional Services Agreement was approved administratively to extend the terms of the agreement to June 2023. This amendment also expanded the CSG scope of services to include building inspection services as the City Inspector is currently not available.
The recommended actions would approve an amended Professional Services Agreement (Amendment No. 3) with CSG for a term ending June 30, 2023 for contract staffing to include the following services as needed: building plan check, building inspection, building permit technician staffing, other building staffing as needed and fire plan check and inspection services in an amount not to exceed $100,000 per Fiscal Year ("FY"), including the remainder of this fiscal year.
DISCUSSION:
CSG is a full service firm providing professional building, fire, engineering, planning and project management services including on -site planning and building consulting services for public agencies throughout California. They currently have offices and agreements for these services in Orange County and Statewide. CSG rates are competitive, if not less than the rates charged by other consultants providing similar staffing to other cities.
When the original PSA was approved with CSG in July 2020, Staff obtained quotes for the subject services from several firms to provide both fire plan check and inspection services and on -call building services. Based on that procurement process, the City entered into Agreements with both CSG and Transtech. CSG is unique in that they have been able to provide plan check, inspection, and staffing support for the City as needed.
Although there are other firms under contract to provide fire related plan check and inspection services, CSG provides those services as well as the needed building inspection and building
City Council Agenda
June 21, 2022
staffing needs that have arisen. It should be noted that CSG continues to finish up the fire plan checks and inspections regarding projects already in process. Most of the entirely new fire plan checks are being reviewed by other consultant(s). The proposed agreement will be for a term ending June 30, 2023 with an option to extend for two additional one-year terms to be approved by the City Administrator.
FISCAL IMPACT:
It should be noted that while funds authorized under previous agreements with CSG have been exhausted, adequate funds are included in the current budget as well as the draft FY 2022-23 budget. However, the agreement in place limits the funds that can be expended with CSG to $40,000 per fiscal year. During the mid -year budget process for FY 2021-22, City Council approved an augmentation to both the Building Division revenue account and the Building Division expenditure account for contract services. Due to a positive increase in building activity, the City brought in significantly more revenue than anticipated, which has been reflected in the current and proposed budgets. Consequently, at mid -year, the City Council also approved an increase in expenditures for building division contract services. The revenue coming in for building and fire related development services will offset 100% of the costs incurred pursuant to the subject agreement. This amendment will allow the City to continue to provide services at a level that is demanded by our residents and the development community.
Prepared by:
eph T! Lambert
Reviewed and approved:
-1- Y' -
Jennifer Lampman
'rector of Development Services Director of Finance
Reviewed and approved:
Damien R. Arrula
City Administrator
Attachments:
1. Amendment No. 3 to Professional Services Agreement with CSG a. Scope of Work/Fee Schedule
b. Amendment No. 2, Amendment No. 1 and original Professional Services Agreement
2. Resolution R-2022-45
AMENDMENT NO. 3 TO
PROFESSIONAL SERVICES AGREEMENT
WITH CSG CONSULTANTS, INC.
This Amendment No. 3 ("Amendment") to Professional Services Agreement is made and entered into the 21st day of June 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and CSG CONSULTANTS, INC. ("Consultant"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties."
A. RECITALS:
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective July 1, 2020 through which CONSULTANT has been providing consulting services related to fire plan check and inspections. Amendment No. 1 to the agreement was approved on April 27, 2021 to authorize the CONSULTANT to increase the total compensation per fiscal year effective April 27, 2021. Amendment No. 2 to the agreement was approved on May 2, 2022 to authorize the CONSULTANT to perform Additional Services (on -call Building services) effective April 5, 2022.
(ii). The Parties now seek to amend the Agreement (Amendment No. 3) to authorize an increase in the total compensation per fiscal year and to authorize the CONSULTANT to perform Additional Services as described in attached Exhibit "A". (iii). All legal prerequisites to the making of this Amendment have occurred.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:
B. Amendment to Agreement.
1. Pursuant to Section 4, Paragraph 4.1 of the Agreement, the term of the Agreement is hereby amended to continue for a term ending June 30, 2023. The City Administrator is authorized to approve up to two additional one-year extensions pursuant to the terms of this Amendment No. 3 to the Professional Services Agreement.
2. Section 2, Paragraph 2.1 of the Agreement is hereby amended to say: Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A" of the Agreement effective June 21, 2022. Consultant's total compensation shall not exceed One Hundred - Thousand Dollars ($100,000.00) per Fiscal Year.
3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.
4. The Agreement, Amendment No. 3, together with Amendment No. 1 and Amendment No. 2 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof.
No amendment or other modification of the Agreement, as modified by this Amendment No. 3 shall be binding unless executed in writing by both Parties hereto, or their respective successors,