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Home My WebLink AboutTC Agenda Pkt 2020-05-20 ,�/ �'� To�� or "I-��u�zo� �/.,/ � �� ; 'I-iburon Town Cuiu�cil � � Tiburol� To�v» Hall ; i�9ay 20,2020 � ��.� I505 � ibur<�n t3oule��rc� Special Meeting—3:45 p.�n. ��- � 1.iburor�, C;/1 94920 Regular Meeting-5:00 p.in. � ._ - - TIBURON TOWN COUNCIL AGENDA CORONAVIRUS (COVID-19) ADVISORY NOTICE On r�p�-il 29,21�21�,thc ��9arin Counr��Pu�blic Health Officer issued a legal order direccinb residents ro sl7cltcr�it hom� �mtil A�la��31_The ordcr linuts activit��,tr<1��e1�u�d business fi�nctions to onl��the m��st csscntia] necds. �dditional i�1fol-mar�on is a��ailable�t https://coronavirus.mai-ii�hl�s.or�i Co�isistcnt��°irh 1=xcruti�°c nrdcrs �o. N-25-20 and No. N-29-20 fi-om the Ezecuti��e Dcpartmcnt��f th� Stat�of Califol-nia,the To��n Cow�cil meetinb�vill not be physicall}�apeil to the public and all Cotmcil ;�lcmbers�vill be teleconlerencing into the meetinb. To ma�ilnize public safet5�tivhile still maincainin; transpar�ncy and public access,nlembers of the public can access the meeting by follo��in�tl�e mcetin� li��e at: Audio/V'idco�\�cb�nar:lit��s %%atte��lee.�oto�vebi��ai-.com/re�ister/893��33859>771CC096 WebinariD:�%4 9C�-539 Call-�n Ntm�bcr: (�l�)655-O�CO ;\cccss Codc: >9? ll6-8>� lnstructions f��r��ro�°idin��ublic c�,mment li��e durin;tl�e meetii�g usii�g GoToWeb�nv-v-c a��ailahle on the To��n's��cbsite ancl attached to this abenda. Ailembcrs ot thc puhlic ma��ro��ide��ublic conul�ent by sending comments to the To�vn C1ciJz b��cma�l ac con�ment�(s��t��n��ftiburon.or��. Camments recei��ed prior to tlle start oI the Cotmcil meetin;��°ill hc disu-ibutccl clecn-onicall��t��the Tu��n Counc�] a»d posted on the To«%n's�vebsite Comments recci��ed alter the st�u-t time of the Cuuncil m�eci»g,but prior to d�e close of public comment��ei-iod foi-an itcm.. ��ill then be rr�d into nc�recorcl;��itl� a masimum allo��ance of 3 minutes per indi��idual comment. subjcct t��rlle'�l�l��o�'�discretion. .All comments re�id i�1�o the record sllould be a ma�imum of SOI� ��ords. ��hich corres�ao��ds�o�lppro.�imate]y 3�ninutes of spealzing time.lf a commcnc�s recei��cd af�tcr thc a�end�t itcm i�hrard but bcfore thc closc ol the meetin;,the comment��i�l still l�e includcd as a p<1rt of thc rec��rd of thc mcctinQ but�v�ll noc bc read into the record. ��n}'member of the public��ho neec!�accommodations should email or call the Z�o�>>n Cleriz�vho��ill usc their bcst cfforrs to pro�°idc reasonahlc acco»nnodations ro pro��ide as much accessibility as��ossible ��hile also maintainin��ulalic satcr� in accordance��ith the To��n's procedure for resol��ing rcason:lblc accommoclation rcque�ts. ,=�11 rc��so��able accommodations offered»�ill be l�sted on the Towi�'s��ebsitc at��.�o��nu(tiburon.o�. � SYECIAI_ ivIELTING— 3:45 P.M. � CAI�L"TO ORDER AND ROLL C�1LL � Councilmember 1<ulilc,Cotmcilmcm�ber Rya», Councihncm�bcr G\�elner,Vice ivla��or Tllier, Nlayor Fredericl<s IN�TERVIEVVS FOR V�C�INCILS ON 1 OW\T BOARllS�COMMISSIONS � • Jacel<Sochan,Heritage�sc flrts Commission � • Victoria Miller,Heritage�t Arts Coin�nission � • Trish Ferrin,I3eritage�Arts Cominission � • Paul Mourani,Planning Commission • Richard Wodehouse,Planning Commission KEGUL.AR ML�ETING—5:00 P.M. CALL TO ORDER AND ROLL CALL � Councilmember 1<ulilz,Councihncmber R}-an,C:ounci�membcr Welner,Vice Nlayor�I�hier,Mayor Frcdericlz� ANNOUNCEMENT OF E1C"I�ION TAKEN IN Cl:_OSED SI SSION IF ANY ORAT COMMLINICATTONS Persons ��ishing to addi-ess the "��o��°n Cuuncil on .subjects not on ti�e agenda in�1y do so at tl�is time. Please note lzo�ve��er, that the To��n Co�mcil is nut al�le to w�dertalze e�tended discussion or action on items not on the abenda. Nlattcrs rcquiring action�vill be referred to the appropriate Comm,ission,I3oard, Coininittee or statf for considcration or�alaced on a futu7-e To��vn Co�uncil �neeting agenda. Please limit your comments to three (3)»Zinutcs. CONSENT CALENDAK All items on the Consent Calcndv-m�l��bc appru��cd b��onc mocion of the To�vn Council unless a mquest is made by a member of thc To��n Co�mcil, puLlic or stafl ro rcmo��e an iccm for separate discussion and consideration. If}�ou ��ish to spc�tk on a Conscnt C:alcndar �cem, please seelz recobnition by the Mayor and do so at this tin�e. CGl. Special and Pending Vacancies on Town �3oards and Commissions — Announce special and pe��di�1b ��ac�u�c�cs on th� Disastcr ,-�cl��isor�� C.o�m�il �u1d thc Ivlarin Co�mnission on �;inb (Department of Administrati�°c Scr��icc�) CC-2. Marin Countywide Stormwater Pollution Prevention Program (MCS�TOPPP) Agreement — Approe�e�ecutiun of \�lcmo�-andum of Undcrstancfin��°it�h �%ICSTOPPP for the implementation oE Trash C�1»ture Proiccts (De»artment c�f Pub(ic A�V�,rl;s� CC-3. Town Council Nlii�utes—Re��i��°rccommended re��isions and consider adop�ion of Februar}�19, 2020 specia] and rebular To��n Council minutes(De��irtmcnt uf Fldministrati��e Ser�>ices) CC-4. Budnet Amcnd�nent - Appro��e a FY 2019-20 budbet amendmcnt�n thc amount oi S�I%,��9.%9 lo�-e�penses related to Va�-ious Streets Pa��ement Project (Office of the To��n �1ana�er) nCTIOi�' I7 EMS AI-]. Appointments to Town Boards and Commissions - Considcr mal<iug appoinrn�ents to the Heritabe � Arts Coinmission and Plannin� Commiss�on (Dcpartmcnt of ,�chnin�sn-itci�� Ser��iccs) "lO��VN COUi�TC1L RLPOR�IS TOWN MAI��AGLR RLPORT ��LLKI_,Y DIGESTS • To��°n Council Wecl�l}�Digests-Nlay 8�15,2020 ,�D�OUR�\,IE;�T- to CLOSED SFSSION CL.OSED SFSS10,\ 1. Public Employee Perforinance Review: Go��ernn�ent Codc Scction 349�7 Title: To�� Manager � AD�OURNMENT- to Re�ular Meetin� CALL TO ORDER AND ROLL CALL Counc�h»e��be�-Kulilz,Councilmembe�-Ryan,Councilmember��elner,A'ice �1ayor Thier, ;�la��or Frede�-icl<s �1NNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION,IF nNY AD�JOURNMENT GENERAL PUBLIC INFORMATION ASSISTANCE FOR PEOPLE WITH DISABILITIES ]n compliancc �vitl� rhe An�ericans ��ith Disabilities Act, if ��ou nced s��ccial assistancc to p�u-ticipate i�i this mecting,please co��tact the To��n Clerk at (41�) -�3�� 731�. i�otification 4� hours prior to ehe meetin� �>>ill enable thc To��°n to malze reasonable at�rangemcnts to ensure accessibility to this m�eting. AVAILnI�ILITY OF INFORMATION Copics of all a�cnda rcports ��nd supporting data are a��ailable tor ��i��vi»g and inspect�on at To�vn Hall and at thc I3elveclere-TibLu-on Libra�� located adjace��t to To��n Hall. Abenclas and m»lutes are posted on the To��n's �a�ebsitc, ��v��.to��noftib�n-o».o�-«. Upon requcst, thc To�vn ��ill p�-o��ide �vrittcn a�enda materials in appropriate alternati�°c fo�-mats, or disabilit}�-rclatccl modification or accommod�ltioii, inchidin� auailiar�� aids or se�-�°iccs, to cnablc indi��iduals with disabilities to p��rticipate in ptiblic mecrin�s. Please send a �vr�tten rec�uest, includinb ��our nan7e, il�ailin� � address,phonc numbcr and brief description of the rec�uested materials ancl p�-eferrecl alter�lati��c fo�-m�1t ol- at��iliar�� aid or sereice at least � days l�efoi-e the meeti»7. � Rec�uests should bc scnt to the O[fice of thc To��n Cle�lz at tl�e above address. rir rnr ri�� rrr--n r�ir-rr-r� rvi�Li�. rl�t�tciiv�7� � Public Hearin�s pro��idc nc� 7cneral public ancl interested parties an opporttu�ity to �� pro��ide tcstimony on thc�e items. If ��ou challenge �ny proposed action(s) in court, ��ou n�a�� bc lin�itcd to raisin� onl}� tl�ose issues you or someone else raised at the Public Hc��-in�;(s) describcd larer in this abenda, or in �>>-itten correspoilclence � cleli��ered ro thc To�vn Cow�cil at,or prior to,the Public Hev-illg(s). �l�IMING OF I1�EMS ON f1GEND�1 � Whilc the To��n Council attempts to hear all items in orcler as stated on the a�enda, it resc�-ves thc ri7ht to takc itcros out of order. No set times are assi�ned to items a��earin��n thr To��i� C:��mcil a�;cncl�,. �� `�� f �"� �.�r�� , ��,' �505 l"ib�r�r� I�d., �ib�r�r�, �� 0 �.�� `� ��s�s' ` ��s��,� ��' � �t�`�� r�r�w��°� . � '`"—��g � �� ,,�,,.. .�� .........., w____ __._.......__�_.__ ��,��.,,;��,��,P'.�q ..� ,r,��. „r s.,,�� 41�.��,�� T��N OF TI�URafV C� E�fiIS51��, �OARD CO�MITTEE APPLICATICDN The Tc�wn Cour�cif cansiders appointments to its various Town commissions, baards and committees thraughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburan's local governrnental pracess and activifii��, the Council needs to know }�our interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills ar experience which wouid be beneficia! to the Tawn, by comp(eting this form and returning it to Tawn Hall with a resi�me. Gapi�s �r�.fill be forwarded ta fih� Town Counci( and informal app(icantlCouncil interviews are schedufed periadic�liy during fihe year. Yaur application will also remain on file at Town Hall for a period of ane (1} year. Thank you �or your willingness to serve the Tiburon community. Lea Stef�ni Town Clerk �"'_ ; ,j � ;..;��,7��ii.' / -��, �y�.,;ii�T;.. ,-%,;�--/�"%'�-,';"`/�`x`-�✓"�ri �i.sa�'�1��/�: b��z ��;`�} r - x .-.�� `` t�S��/j.�i� ��. //'r�� s��3 i f��;� �� i/is/�i%/�/�i//�zsa.C�ii!/ �l' � i �� ;£ a�«!r�.<i�;�,��,.��t�t€��.,.,..r��v�„��/��._ ,.,�_tt°$.�_ ��i�� i. -��u%r�,��F �v''_ //11�'�=��ii��__>�.z. , i.._„s ��' ��r��a �� ` �� D�t�. February 11; 202C � ,�-'�, � �� ti.�s b i �r�`^�-� �x �"� z-r�: "� , � ¢@�- ,�-. f4 4 !�j j i r i s �� • a F � � "�' �% ��,..��y"'�.��`2„/� `"�,� � � @�`.�.., f ..` �_ � `�..:T :: � / / ; � i '�' .:, �,._�� '�� •✓��6'�a� ��y'3 ,� e ��/ : ...... ... ..... }, ..._.,, .ru ..,.�..,,,.�,�...a,e...,..,,,.,t' ...«.,��.,_ �, ...,/�c.,..,.�.x �� = _��. �.� �.�y.: x,_.. .. Please indicate your areas of interest in numerical order: f�lanning Commission � Parks; Open Sp�ce & Tr�ils Comm. Design Review Bfl�rd Bel-Tib Joint Recreation Board � Heritage & Arts Commission � __ Disaster Advisory Council Bel-Tib Library Board Comn�ission on Rging �ffordable Housing 2 Building Code Appeals Baard i ��''�mr" �'" v �t i,s� �x�� s'�'s �-w . ,. . E/ . ff� i'� lf r r' �a �s��z-,:� f// �s- `�y rg�'�� j S',v °b „� " �/ �� /y,t i� (}�"cr.:� i � :�z��✓t,yl io��'r��n�- �-�'�r��..��#��i� ?� ,� � � r S � �.��J� i � ��r /�'� � � r . =�s � � e� � �'�.��, , .�..��,,._. .� � � � i r'^�'�- # �� 4—_ �> �r � i �� k��A�,.s 3�-�...�5 .wd ��.,_, _ .. . .,��_, ,4.vz�.:.a. ,�. .�a��z� � . ,� ��: 1 �4�� ar �/V��t �t��, �p�, -� Street dAddress �,partmenUUnit# �� itu ��u$r L��' C^u� Phone: l � � `�� mai#: � �� .�o f� �%F� �'.��_, ,_, ; ' -• � �, ✓'�o � r:�' ,': �� ! �:,sar 't� �v` ((.��' � w �� ze '"�Y �� zg� . „ �i,.�v,�i` . �"�.�. ' .. �. .� � ry � �� .�.z��' ��^(��a��`.� "..�''� ��y ��° � �.z t„w,�< . ..�. . .a„a .,..,�,..,...� _ea,.F'�,,,. <v�.�.�b�. ��.�r�`�`.,,,�e�u^�%` ��,�` '�'��.v..,. . , I am passionate about keeping our smal( town ciean, safe and beau�iful. My desir� is �� h�ip people who are struggiing with their home designs and building cades. 1 want to teach people basic safety rules as a coach for Dr. Cromwefl's MMRC non-profit organization. I care about happiness of our senior citizens, many of whom are mY good frienc�s f valunteer#or The Landmark Society to protect the Landmark Art and �arden Center in Tiburon from cleterioration. I live close ta Old St Hillary and admire this historical building, as well as the nature surrounding it. Walking by China Cabin, the R�ilroad and Ferry Depot Museum every dav �rings admirat��n tc� thP h�st�rica! herit�ge of Tiburon. �s a mem��r cf o�r loca! Rot�ry Club of Tiburon-Belvedere, I support a wide range of community pragrams; with a focus on youth and iiter�ey. ! walk weekly around our Open Space Preserve; Mt, Tiburon and Ring Mountain with friends. I ride my bicycle to Paradise Beach County Park. I check trails for safety and observe our wildlife. I monitor earthquakes using � U.S. Geologicai Survey seism�graph insfialled in my basement. 1 want so much more for our glorious town. ,r�%sli'%�j� ��`� A��— i/ ,��/�� '' �'""%i , ��.a j.�ejr�� y ""'y��a�r /� �f/��-'7�,,�>'� �",��%�.,n.�.,.}.sP. �� ti . .�. � sk .:,� �.. ..._�m^ltr..e'��a.xa:��,�,�.��i,��r,,,.n,.�s�r:.��,�f,�s;t�.:�fra z�"k�.��.�,�A�,.�� „i:4��. ��rr��e��ii.�aivi� � ��.. y✓r: _ .<,.{. . t�ver the p�riod of 22 years livirtg in Town of Tiburon; f valunteered for more than 15 different non-profit organiza�ions. I built severa! sucessfui businesses �nd a non-for pro�it organization. As a board/commission member 1 can study, fisten, and I am willing ta have pr�conceived ideas challenged. I am respectfuf, poiite, and deferential ta�vard all: ta fellaw board/commissian members, staff, and the public—regardless of likes, dislikes, friendships, politics. I clo not insuft, attack; or demand. I can recagnize my own biases, prejudices, and values. As an effiective board/camrnission member I can comrrrunicate i��teEligen�ly; articulat�iy; and though�fiully. I am abie to persuade and change opinions without bullying or manipulating. i can build consensus and pull a board/commission together. As an effective public servant I am emotionaily and relationally mature, and i show it when losing. i stay cafm wh�n a vote gaes the `wron�' way. 1 resp�c� voters and the process, even wh�n I am on #he mir�ority side af a h��rtf�It i��, I rPGrtt�rt �tatr� latti r.it,� h�rla�ni� rni rnril ri ilAc arr; rai�iur;,A;,,µ�„ Ntu��u�r�;. : make my decisions based on merit; not emotion. Public Di�closure tdotice: Submitted application materials constitute a public reccrd and rnay be publicized in their redacted farm as part of Town Caurcil meeting materials. � 1645 Mar West Street, TIBURON, C� �34c)20 Tel. �-1 [425) 685-4601 E-mail: � � ��a:;-;�� 'f'�_� z �.��!.��>:_s' ��tiv� To jc�i�� a Town c�f Tiburon Cammission, �3oard or Coinmittee in o��er to I�roaden ��artici��atiot� 1�}- 1c3c�] residents in Tibuz•on's Ic�cal gover�lmental �r•�cesses anc� aetivities. `I'o suppc�rt the Mayc�r, the City C:ouncil and the officia3s ]istet�i�:g tc� pi�blic cc�ncc�-ns at Totivn Hall meetings and other public events, responc�iny ta citixen cc��Icerlis and qt�esti�ns, anc3 helping in creating ne�v stra�egies and policies anc� c��sci�ssions. �rc�f'il� Highly motivated ec��nrr�unity leacter, scientiist, TV�roducer and entre�7r�n�ur camrnitteei to prc�znc��ing green-ener�y and renewable ener;y. ��xc:ellez�t writte��jcotr�muz�ication/interp�rsonal skiIls used in completing �zighly entz�ngled and interlaced tasl�s. Conseious long time Ti1��zron resident aetively protecCir�g the local ei�vi�•onmenr. At1 G�vicl biker �c�cused �z� educatin�drivers,pedes�rians,and bicy�lists abou�safetyr issues in arder to e�acourage positive behavior change in Town. A p��fcssi�nal ��ho c'eeply unde��stands tha�water shc�rtage�n�ithin the state of Califr�rnia is bec�mi:��a gra�ving issue. �:r�c��tion �e��r C�mmu�iity C€�I�� zr�il�a�r�, �) Coutses in Etlglish I�iLerature,Atnerican History, (vIacroeconomics 2�9� anci I3usiness Ivlanag�nlent il�iver�si�y��'it�inz��and �et�lltrrg�r Kr��o�b�, �'r�l��d M��st��-of Seience in Tvlining Geology ��,392 Mas��r of Science :r� Cxet�lagical Engineer°ing �Tza��€��s�ty��'5�� {�ta��ze�, �'c�1��3 F3achelol� of Science in Geochemistl-�� 1��37 F��r��ce �t�t� ��t�l��ic�� I��z�� c��s��, �'��.��i Geoscieritist, Oceana�rapher, i'hll candidate. �1990-1994� 12csearc�ie�� bottorri sedi�nerrts and Atlaritic Ocean waters ia�fl�a;: on ioca] 13�ltie Sea Basin flora and fa�ana, � Wrote articies for major �;uro�ean and iltzstralian Creoscience rnagazizles, � Travelled tn.�ith the international expeditions to tlle ��•ctic Circle an research vessels seannit�g sea �attom r�1oz-�h�lo��;y ancl sar�p;it�g seditnents, � Praduced and directed docL�mel�tary films ��baut ecolo�;y and environment i��;3iF�� rZ� T3c�r•p}7rzlrri �iz;r-i t;ntl�„iC3 15�:i":t��. Ee�c�logy�nt� Sym��try I..��reza�e Tc��v�ship,N1 �Iistoric I��n�e Restoration & I'resel��ation Contractor 1996-1998 � �'€��ft�r�� L��e��sL��t.�c:.��st€�r��tis�� xat�s°�s�•€�cs#s��, � 1'er�c�r�n�c�a �•�rr�e�lial �t��uct�ar�l re��ir�nci €:�ti�ric��-��ldit��•ez�c�vation, � Ins��led �`��t�ca�e�n �t,y1� ��acii�r�t I��at, c��•�� r�vitl� �1�i�h-�;r��d� ff1��ti�n s�rste��ls. C€:��.�i��c�:� ��giate��°:�a� .I'i�€z�•o;�,Cf� Ilistoric Ilome E2�sto1-atic�n Contractor 1998-2a05 • Restored �uilt-in cabinets in a s�iingle style Victaria�� hor�ies, • Restored slate and maple counter ta�s in c�ld "19�� (:entitz•y kitchens, � Insulated the i•valls of�1.£370's�vood fr�me hous�s vvitl� c�nly German lap siding. Bc�d��mpulse 'Tabura�a,CA I3usiness Owner, Personal Trainef•, P��ysical Thera��ist 20Q6-2011 � Parttlered in designing an arganic natu��•al sp�a, e Pat�tnered in designing a sustainabic weight loss pro�r�T�n, ° Worked �vith ciients with disa�ilities and ch��c�rlic. pain. Sc�c��ar�NI�I7 'I'�buf-on,CA �3usiness C?wner, I'er•scjna� T��ainer, }'hyslcai 'I'rPer�apist 2032-�'r�esel�t � Providec� conc:ier�;e holist:ic�herapy services, � Offcred r7�ore than 20 diffe�,ent tz�eatiraer�t tecl:nic�ues ar:c� Spa Ser��ices insidc the Spa or a 'I'lierapy Clinic, as rt7i�ch as client`s private hotne, A T'.,.,.,.,�I,.,S C T i' Rn tc,,,,1.�.,. C'.,-_..,s-;i';..�I •i�:,........ i-•1__�_.__.__. art_�t_ _ _i� ' 1�VU1lUCU J.1.11.1�1, �JVC,lldll J.1 c#1111CU 11JJliC S..1dSL1(.`:1.1� l�lc'.L.11UU� �ac�fic Ur�ive7•s�l Pt�oducti�r�s Tibuy-or�, CA lncleper�iclent Fxceutive Proclucer, Dir�ector, 2C)1Z-present � L:xecutive Producer and Director o�a Jefferson t��vard G�inilig'E'V ser-ies: "`Che F`ecc�very Station", � Director of Comcast Channel 2b series: "Walce u�� vith Dr. C}�eryrl", � Fxecutive Prc�ducer and host af t�omcast(:}�ar�i�el 26 series� "T}�e �1'<�rlci �ccording ta Jacques". �I��zn��i• �✓t��°i��e I�a�n�1��1 �e�t�x•, 5aus�litr�, CA 199�-2(�05 City�f S�r� Rafaei Advi�ory Cai��nit�ee 1998-2002 C��y��S�� Raf�el -- Citizen I'ali�e�e�d�rrsy 2001 ��a Scout� csf�Arn�r°ica 199�3-�010 �c��r�l�uxzliary �999-�t?05 Cc�rt��°��tion Rcadef Sl�ec�io�2, Sa� Rafael, �� 1998-2015 �'a��°fa��c�aa�� Loclge 556, ��r�tgi�ic�, C� 2005-Pz°�semt ��qttis�� R�t� L�d��,San Fran�is�r�, C� �(��'�-F'r�sen� Yark �zt� Lc��e, ��n Franc�sea, CA ��4)�-�r��er�t ��a,•i� �te�yal�r�ch L�a��, Sa�Rafael, C.4 2�(17-�013 C�zz��r�ii�y I��dia C��t��°c��ry�i 2Q1�W�r�;s��t ��a�caa� t�J��rrap��s 2E3�5-�res�r�� i'IIl A�I'i�I'iCall I11�Ilc'�Il AIIpc"�IICe� S��a Rafae�, CA Z01G-P�•e��er�t �larzza �rl�c�z��l Response Corp �MMRC� Z01�-�'r��er�t C�tizen E��ei��r�c�R�sponse Tea� (C�l��") 201�imPz��er�t �€��rg� �ar�C�ildz°en's Hm�zse, �an L�az�e�z��, Cl� 101C�-I'��t `�ib��-€�r� �elvec�ere Rotar��it�� 20��?-F'f•��e�it LI� ��oi��feal Surve�NetQ��kes I�onft�rjrs��l��r��e�r° 20��-P�°�seitt � ��nitors seismic activity in`Tibur«t2 wit�� I1SGS��ism€��;ra��h. ltesidents can acces� tl�e data via lnt�rnet 24 hoz�rs/day. I�e�'�t��x�� i��ila��1�upoi� rec�uest. �� r�� '� ��, _ �� t�� ,a � �, �� ; �.�� ab�r�r� ��r�m, ��"i�a€�r��, �� 7�1 �� ; � ��-� � -�� '� ,�� istefani a�townoftiburon.or� � �,; ��.�,��,7�°�� TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmentai process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informai applicant/Council interviews are scheduled periodicaliy during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk a ! y � f Full Name:Victoria Loren Miller Date: February 10, 202C 0 �r� js;i/' �i r� �,° �:�� -.'��-��'a%,,: `%°'/,"s' � .��'� ,� „ ,o' d � , :,i.4� i Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board X Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board ' o � � �, 2265 Paradise Drive Address: Street Address Apartment/Unit# Tiburon GA 94920 corv c�...,, �o� �-...�.. -"J vlQlG LII- I,VUC 415 640.6040 victoria@victoriamillerart.com Phone: Email: o � � � � i have lived my life in the Arts. . � � � � �a � . . Please see attached pdf, thanks! Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. � .� �;� - ,� ,�� . � � � � �� ` , �� `� � � ` � . ��; k' ,�:, ��,, � § 4F � 2 1 �. y ��. �� : S� ��E �. �� a � , ViCtoria Loren Miller is a conceptual visual artist born and raised in San Francisco, California. Victoria's exposure to art began early on, accompanying her gallerist mother to museums and galleries. Influenced by greats like Rauschenberg, Diebenkorn, Frankenthaler and (ocal luminary Nathan Oliveira, she began to view the world through an abstract expressionist lens... and a camera lens. She `paints' with her camera. Miller is fascinated by energy in motion, and seizing an instant fueled by light or emotion. She seeks fluidity and like an impressionist, the minimal suggestion of her subject — working quixotically with light to capture experience and the dynamism of life. Often, she is drawn to people who express themselves as fluidly as the manner in which she captures them. Gender, race, common perceptions are effaced, insignificant; and instead allow the imagination to play, as do her subjects. Victoria's work simultaneously became more autobiographical, political; and conceptual after her mother's passing and the election of Donald Trurnp. The After-Life of Stuff series explores emotional attachment vs. marketplace values, as a decedent's personal items enter the universe of internet commerce. In the work Trust, a torn-up page from a trust document arranged as a deathly black floral brings the namesake into question; and in another, crumpled up pages of Trump tweets hide behind a prettified pixelated facade that mostly obscures the menace of his words. „_,''t,"��,”'::��R�'��'x';.' Miller graduated Cum Laude from UCLA with a BFA, and began �niork as a 4�randing designer. She turned fully to her art practice in the 2000's back in her native San Francisco, and is currently regional art liaison for SFMOMA`s Modern Art Council. Victoria was a TEDxMarin executive board member, a member of the board of the Museum of Contemporary Art Los Angeles' Contemporaries, and has lectured at UCLA and taught at FIDM. Her work has earned design industry accolades including a Clio, and is included in the Smithsonian Institute's Permanent Collection. ��,��°`' �"��'�'�� As a Creative Director and designer for global brands, Victoria created a broad range of brand identity and marketing materials for CBS, Cisco, Disney, Hammer Museum, J. Paul Getty Museurn, Mattei, MOCA, PBS Horne Video, and more. Excited by the internet's flexibility and motion capabilities Miller pivoted to projects in which she couid integrate web ciesign and advertising into brand images of companies such as Wells Fargo Bank, Oracle, Microsoft, and Lexus. �r:.W`�..-0aw�w��w:�� :�� Wherever I Go Partly in reaction to the slow, pain-staking process of formal advertising photography shoots, Victoria began to take her camera wherever she went, and to compose artful images from the immediate and spontaneous capture of sightings that grabbed her attention. The Wherever l Go series began in the 80s, when Victoria found inspiration lying at her feet — literally. Autobiographical and multi-dimensional (including parts of her foot, shoes, or feet along with the surroundings) tr�e results have intrigue, with visual clues exposing subtle references to the image's origins. Repeated interests collect throuah th� vears. like IYl � Sl1�SPt �f the CPYIPC Pntitlar� "I 'Pcnrit r!'AcraliAr" (the `wit' of the staircase; where one realizes just what they ought to have said) featuring spiral staircases common in tiny Parisian cafes. A pair of self-promotional postcards with images from the Wherever l Go series was chosen for inclusion in the Smithsonian's Permanent Collection. Fluid Victoria's early artworks were unique photo prints on canvas (before the technology was ubiquitous), and often guessed to be paintings: Taylor Skip, Lady in Red (a Nob Hill Gazette October cover), and Shimmering Chanteuse (a sequined singer leaving the stage, from Harry Denton's notorious "Sunday's a Drag" show at the Starlight Room atop the Sir Frances Drake hotei in SF). More recent work often utilizes the sheen of brushed metal, adding a lustrous light quality to the elusive figures presented. Out & about in energetic, diverse San Francisco encountering exceptional subjects for her photographic experimentation can, and do happen anywhere, anytime. After-Life of Stuff The After-Life of Stuff series began as Miller was sorting out her deceased mother's tasteful clothing and artful objects. She began to shoot them in her usual energy- in-motion style—"toutes est flou," a blurred, painterly approach, to breathe a sort of energy and life into the pieces, while exploring the beauty and extraordinary detail of vintage items from decades past. Remains of a loved one's life, able stiil to tug on our heartstrings. Then she discovered the vast, fascinating inventory and dynamic ecosystem of buyers and sellers in the online marketplace. The cold reality of commerce at odds with the emotional, memory-driven hopeful seller, with prices constantly in flux. Creating compilations from Google searches, Miller substitutes an item with one of her mother's, revealing its context as just one of many stories... the literal after-life of the stuff. Bosom Buddies Bosom Buddies is an interactive work in honor of a dear friend who was dealing with breast cancer. Victoria solicited images (breast selfies) from her bosom buddies, and from theirs, in solidarity against the disease and for their loved ones who have been victims and survivors. Printed on clear plexi, the work is an exploration of self-love, female bonding & strength, private vs. public, intimacy, trust and love. _�, . . �,.�� victoria(a�victoriamillerart.com � instagram: victoria miller art � twitter: �vicmiller �� '�� '��r�� r ��,� �.� � . ' �� `�i��c�� a�., �i�€��r�� 492� � 3 3.; �` . `. ; �< �'� ��<�� is��i��str,rt�of��b�r�s�.c�r� � ��5.7�77 TOW_� OF`fi�lJR�(V CO ISSI�N, � ARb � ITfEE APPLICATl�N The Town Councii considers appointmen#s fo its various Town commissions, boards and committees throughout the year due to term expirafions and unforeseen vacancies. In its effort to broaden participatian by local residents in Tiburon's local gavernmental pracess and activities, the Cauncil needs to know your interest in serving fhe Tawn in some capacity. Please indicate your specific areas of interest and special skills or experience rn�hich would be beneficial ta the Town, by complefing this form and returning it to Town Hall with a resume. C�opies wilf be forward�d to th� Town Council ar�d informal applicant/Councif interviews are schedufed periodical(y during the year. Your application will also remain on file at Town Hail for a period of one (1) year. Thank you for your willingness to serve the Tiburon communify. Lea Stefani Town Clerk �,� � �.. ��„ �am�: atricia �rrin R�t�: /12/20 _, � � Please indicate your areas of interest in numerical order: � Planning Commission 3 Parks, Open Space & Trails Comm. � Design Review Board �' �ei-Tib Joint Recreation Board � Neritage &Arts Commission � Disaster Advisory Caunci! 7 Bel-Tib Library �oard � _ Commission on Aging Affordable Housing ' o Building Ccde Appeals Board �=v,, x,�� f�'��e �"�y4ti i �� Address: �� ! Ic��n� �E�� Street Address ApartmentlUnit� �� c�ty st�c� ziP cqde �,iO1e: 4� 435 1 �4� E�,a,�: trish��rrin�gr��i(.c�rn � � � � � i sfudied art history at UCLP�where I received my BA and marketing at USC where I received my MBA. I'm passionate about the Heritage and Arts commission because I have been chairing fiund raising events for childrens' educatian, the perfiorming arts and fine arts in San Francisco �or 30 yea��s. l have lived in Tiburon for over 20 vears and h�c� '� children rnatricu9at� through the Reed Schooi System. I was also involved in the fund raising for the arts in Los Angeles and New York when I lived there prior to moving to San Francisco. I believe in promo2ing the magica! beauty of all art forms to our community because of all that art brings to the qualitv of life and to creating an c�utstan�ing d�verse envir�nment to ru��e children and live for many years. I'd like to bring more art to our community which is so close to the San Francisco hame of sa many different art forms and organizafions. We have an impressive historical heritage to preserve that adds to the beauty of our town. I'm interested in continuing to preserve this heritage by increasing awareness for a!I that has transpired over the years �nd the landmarks we need ta preserve. � a . � � � � m - Leadership roles in the following: San Francisco Beautiful Event Chair San Francisco Ballet - Auxiliary San Francisco Opera Guild - Board of Directors (current) San Francisco Symphany - Gala Event Cnair (3 years} past President of Syphonix Asian Art �luseum - Ga�a Event Chair (California State Senate leadership recognition for Korean Community event) Fine Arts Museum ofi California - Junior A��ts Council 8dard Member Junior League af SF - Media and public relaEions com�nitttee Partners in Care Event Chair for Benioff Childrens Hospita! Susan G. Kornen Event Chair Public disclosure PJatice: Submitted application materials constitute a public record and may be pubiicized in their redacted form as part of Town Council meeting materials. PATRICIA FERRIN trishferrin@gmaii.com Tel. (415) 609-6601 GR8 (NNOVATIONS, INC. PRESIDENT(2007-CURRENT� Provide digital project management, strategy and marketing consulting for PG & E, the Bayer Company, Wells Fargo Bank, US Bank, Charles Schwab, Capstone Technology Resources, VISA, Kendall Jackson and Lives of Style. Experienced at developing the strategic vision and leading the process for digital innovation activities among stakeholders, team members, clients and prospects. Proven track record in building a prioritized delivery approach for technology projects that enhance the customer experience, increase efficiencies and effectiveness, and enable revenue growth. Provide cross organization direction, manage vendors, evangelize best practices and guide the project delivery. Cord Blood Registry Systems, Inc. San Bruno, CA (2005—2006) Vice President of Marketing . Led the development of new consumer service concepts using qualitative and quantitative testing. • Built web analytics team to track and optimize digital customer lead generation, acquisition and loyalty programs. • Increased Internet leads by 400% by optimizing user experience, social media, SEO, paid search, and banner messaging to more effectively promote products and services. Medscape/Medicalogic, Inc. San Francisco, CA (2000—2001) Senior Vice President . Built and managed enterprise software marketing team for electronic medical records. . Led initiative to target more profitable customer segments increasing digital revenue 90% from affiliate partnerships. . Collaborated on technology initiative to redesign CBSHeathWatch.com platform; led acquisition of new content management system, new email/newsletter system and a new personalization engine. . Managed digital analytics and media measurement to optimize ad performance for portal sites. . Promoted to senior management role after company merger. Wells Fargo Bank, San Francisco, CA (1996 - 1999) Group Vice President of Wholesale Marketing Led cross functional team responsible for marketing project management, client experience strategy, CRM analysis to deepen client engagement and build loyalty for business lending and cash management generating $1 billion in revenue. e Led digital product innovation initiatives for online channel concepts to enhance servicing of client segments. • Developed new online collateral production process to reduce production costs by 17% ($500,000). • Managed the development and deployment of proprietary CRM software application (Profit Maximizer) for RMs. LVMH-DFS GROUP-DUTY FREE SHOPS, (1995-1996) GLOBAL BRAND DIRECTOR • Developed new brand strategy and implemented global brand marketing standards for all international and domestic regions in Australia, New Zealand, Asia, Europe and North America. • Led international design team based in Florence, Italy to manufacture, test and distribute products, • Managed international legal and risk management issues to protect intellectual property assets. Charles Schwab and Company (1991-1995) Senior Director of Marketing (Level 2) —Capital Markets &Trading Division • Grew division revenue by 100°/o within one year through new targeted direct marketing campaigns and outbound business development programs. • Developed, tested and implemented Schwab Priority Bond Service, a new VIP service model. s Designed and launched Schwab's Mutual Select List, an innovative guidance tool to grow mutual fund sales. Director of Marketing (Level 1) —Trading Division • Developed and launched new fee based "content as a service" equity reports increasing sales 100% above plan. • Promoted to Senior Director Level from previous position with increase in staff and compensation. Segment Manager—Active Trader • Led the development and testing of behavioral data models to acquire new traders and increase engagement. e Promoted to Director after demonstrating successful campaign programs for Advisors and retail investors. American Express Travei Related Services, Co., New York, NY (1987-1990) Senior Marketing Manager, Service Establishments - Retail Industry Marketing • Developed B2B pricing, advertising, direct mail, public relations, operation and sales strategies that increased consumer charge volume to $3 billion (+16%) in U.S. department stores. • Initiated, developed and implemented new database and direct mail capabilities that enabled business establishments to better target their customer acquisition and promotional programs. • Led modeling analytics team to develop first customer predictive shopping models to profile spending segments. Marketing Manager, Service Establishments - Retail Industry Marketing • Negotiated and managed cooperative B2B partnership marketing programs for 25 major U.S. deparkment store divisions. Delivered $1.8 billion (+25%) charge volume. • Initiated, tested and expanded award winning cooperative third party advertising partnership campaign. The Procter and Gamble Company, Cincinnati, Ohio (1985-87) Charmin Assistant Brand Manager. • Managed $10 million national media plan and led external advertising agency to produce new ad campaign. • Developed three-year strategic plan and implemented highly successful national pricing program . Initiated, developed and implemented new regional advertising coop program. Bounty Brand Assistant � Researched, designed and tested innovative design concepts involving a new multi-colored printing technology. • Led interdisciplinary team to manufacture and test product designs for market test and national expansion. • Managed $60 million national trade and consumer promotion plan. • Promoted to next level after completing sales training program. EDUCATION Master of Business Administration, University of Southern California, Los Angeles, CA Bachelor of Arts, Sociology, University of California, Los Angeles, CA Graduateci Gum I ��e an� recognized as a Ghancellor's Marshal!for leadership, service and scholastic achievement. ��;` � � �� .; �� `��i��a� � .�, �.� �� . �=� ' �a(�� `��:�� f��.8 �i��°�r�, �;� ��t �� ' �� `�$ �� , . ��-G a� . lstefani@townaftibura�.or� ��,. � � ��.�,��,�37� TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skilis or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk �- � � Fu„ Name: Paul Mourani oate: 2-9-2020 � �� . � "� % Please indicate your areas of interest in numerical order: � Planning Commission 3 Parks, Open Space & Trails Comm. 2 Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board j � � � � Address: � � ��I�� r�� Street Address ApartmenUUnit# - Tiburon CA 9�920 ��¢r �iaie Zir Cooe Phone: 415-271 -7285 Ema;,: pmourani@gmail .com � � � � � Planning and development have always been interests of mine and I have participated in the development of other communities where I have lived and owned property. I am just a regular person with a family who would like to contribute to supporting our very special town in thoughtful dzv2lopment and p�anning for ti�e future wnile respecting our community's rich history. I would like to be involved and do my part in ensuring all planning, development, construction and recreation areas are designed to benefit the community at large including the residents and the people who come from all over the world to visit our great community. Since moving to Tiburon in 2007, both my wife and I are active participants at the SFYC Yacht Club, Belvedere Hawthorne Nursery Schools, and the Reed School District and I am looking for avenues to participate at the town level. With my kids being a little older now and my wife currently reducing her volunteer activities, I now have the time to contribute. � � � � � � � � - I served 6 years as the HOA VP for the property I owned in Vail, CO for 15 years. I was instrumental in getting a $4.5M dollar renovation project approved for our 26 unit complex with 81% owner approval and unanimous Town of Vail approval. This project required the owners to pay a 6-figure dollar assessment and to move out of the building for a 6 month period. It was no small feat to gain the consensus of a diverse group of people with varying interests. I also represented the Association at Town of Vail meetings, and negotiated our interests during the development of a new Four Seasons property built next to ours during the Town's $9B renovation of the entire Vail Village. I participated in various town topics including, lodging, commercial businesses, taxes, parking, traffic flow, pedestrian and biking traffic, etc. In Tiburon, I have designed and self-contracted 2 remodel projects at our home that were both approved and completed without issue. I have also spoken with members on the commissions where I have an interest and am confident I could contribute solid insights and perspectives. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. � � � � � , �RQFESSIONAL PROFILE : _ , . . - 1�1'111311'il� ��l�i`� �i_'dCjC. 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St. ,`�trl � ,,.,, :�i, . .., !i�c' �" � , , t� �;c;' _ �rsit)c`t!ilrJt7 � �) )�1-�.- -.�_,. „_. . . . _ i!1 .- ! �3{;-�:_'/t.r _�Cf �rt r . ., i�,�i.'i:� , .i. _ ..,. _._, � ili �'�,,, t ,_ _ _ . �UOl .�C)O3 � „ , �� ;��„� ,,,,,�<< �'}i�',t'at�. .��;a�� .;el', .,a' r, �I'.;/'c c! ��.��G. � �� 1��. _'C�_ ( _ , , '1, '^I .��;�[I�C'S ?filliflL'C.-'. .�. rf .i.`6`t1-C-'r'.-ji'(� ..- . 7,�' }sEt��:-�)'('fl 3�CIri! z': i;i°Cifl;l� -r�r %�{.t�� ti/;7'; r�f{''�;i`t'.1 r �. .�. 'R�� 3tii':-�Yt'll � �� z�� n� � �C3�Y°� �`� ��91lC`�� . �' �� x � � �� .5�� `��t�r�� x$ Ti��°r�¢�� 94920 �� :. e °��;�� 4 Estefani�a tovvnoftiburon.or� p � �, , �.: � ��.�a��5,7377 TOWN OF TIBURON COMMISSION BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk R � � Fu„ Na,,,e: Richard Wodehouse oate: 1 /27/20 � . � Please indicate your areas of interest in numerical order: � Planning Commission 2 ___ Parks, Open Space & Trails Comm. Design Review Board Bel-Tib Joint Recreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board a � � � � Address: 2356 �pa!�i�4� Tr�iB !�d Street Address Apartment/Unit# Tiburon ��Y 5iaie �IP Gode Phone: 415 944 0278 E171a;,: rewodehouse@gmail � � � - � � Prior experience and knowledge that will be pertinent Desire to have some influence in future development of town Concern for status of downtown business district � � � � � � � � m I would like to contribute to the betterment of the town I live in. I often have ideas, some worthy I have been a builder and developer of properties for over 40 years. First in San Diego County, then Telluride and Aspen Colorado, then currently here in Marin County. I have participated in the building or development of approximately 270 homes, large parcels of open land as well as ranch buildings. I have been president of a homeowners association comprised of 35 homes in which great advances were made during my tenure. I have served on two DRB committees. (I prefer to be on planning now). I am currently president of the board of directors of Tiburon Belvedere Residents United to Support the Trails. Our current attempt is to save the Martha Property as open space, or at minimal that the trails be open to the p�.�blic. It is our lonq-term qoal to be stewards of the open spaces and create a network of trails on our near-by open spaces. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. Richard E Wodehouse PO Box 211 iburon. CA.94920 Cell: 415 944 0278 ' WEST COAST P R O J E C T M A N A G E M E N T � N C. Professional Project Manager ��,#� Owner's Representative Certified in Mediation CA.G.G Lic#305719 February l 3, 2020 Town of Tiburon Town Council RE: Application for a seat on Planning Co�1�n�issio�l This is my thii�d tilne applyiilg for a position on the Planning Comnlission. On the application I have listed i-casons why I think I would malce a good candidate and also why I ain interested in benefiting the town however I can. If you have another candidate that you tl�inlc fits yolti- needs better at this time, I am fine with that and will apply next time a vacancy appears. Hei-e is some bacicground inforn�atioi� that may be of intel-est, I thought tllis would be more relevant thail a formal resume. I was born in 1949 so am now 70 years experienced and sh-ong. I grew up in i-ural Souther-n Chile. My motl�er moved me to the L�S when I was 14 years old. I speak Spanish flucntly ai�d use it daily il1 lny worlc with collstruction personnel. I completed college and one year of graduate worl< at San Diego State University nlajoring ii1 psychology. I wol-lced during college as a laborer in construction sites. Due to my bacicground in rural settings I was attracted to outdoor consti�uction worl< as compared to academic life which was the path ofFered ii1 psychology. (And tl�e higher pay in construction offered a quicicer way to pay off college debts). I started Iny own constructio�n company in San Diego coastal area, (La Jolla), in 1975 wl�ich after 18 ycars grew to be one of tl�e tl�ree nlost respected high-end home constrLlction companies in the La Jolla, coastal towns, and Rancho Santa Fe area. My rural bacicground rugged at mE and I moved my family to Telluride Colorado in ]990 so as to live and worlc ii1 the mountains �vhere nature has a sh-ong presence in one's life. I �i-ew a eonstitiiction compaily tl�ere building about 70 large hoT��es, buildings, and two barns and an indoor 1lorse arena. I was asked by architects to also build in the Aspen area so stal-ted a consh-uction coulpany thei�e in 2002 building about 20 homes there. All worlc and finances collapsed in the i-ecession of 2009 a�1d I closed both busii�esses. I worked in Patagoilia fol- two months, volunteered in Haiti after theii� 2010 earthqualce, and then moved to Mai�in and joined my lady partner who also moved l�ere from Aspe11. In the past 10 years I h�lve worked helpiilg owners with their construction projects in the capacity of a�1 Owl�ci-'s Repi-esentative or Project Manager, priinai-ily in Marin County. � My lady friend and I co-own a l�o�ne in South Tiburon, sail, hilce, and rescue dogs. I am constantly elldeavoring to nlalce our town and the ecological environinent bettei-. Richard E Wodehouse PO Box 211 iburon, CA. 94920 Cell:415 944 0278 WEST COA5T P R O J E C T M A N A G E M E N T � N C. i Professional Project Manager �� Owner's Representative " Certified in Mediation A.G.C. Lic#305719 March 19, 2019 Town of Tiburon Town Coui�cil: RE: Application for appoiiltment to Plal-►ning Comnlission. Froin: Richard Wodehouse Wh_�youu selec�our area of interest? • My experience ii1 matters concel-ning plani�iilg issues. • My belief that long-term planning l�as a significant effect on the future of this town. What are your a�plicable qualifications and experiences? � • In general my attitude has always been to contribute to the welfare of this town as much as I can in my daily life. • I worked 11ard to preserve the trails on the Mai-tha Propei-ty as president of the board of diiectors of TRUST: Tiburon Resident United to Support the Trails. • Even though the judge did not see things our way, tliere is some movement caused by our efforts that may yield positive results for the co�llmunity. • I was �resident of the HOA of a 34 hon�c neighbol-hoocl adjoining Telluride Colorado. During rny tenur� inairy improveTnents were completed. � • I was a member the Design Review Boai-d in Mountain Village Colorado for 3 years. • In my pi�ofessional woi-1< as a Constl-uction Pi-oject n�anager I worlc with HOAs in the i-egion. • I have built close to 300 structures dur�i»g n�y caroei-, from fancy homes, to steel buildings, to an equestrian arena. Mucl� of this worl< i-eqtiii-ed dealing with plamiing atld pel�nlitting. • I an1 a certified Mediator whicll may help acl�ieve consensus at meetings. To��m Council Mceting TOWN OF '1'II3U120N May 20, 2020 � �� 1505 Tib�u�on Boulevard Agenda ltem: CC - 1 � � Tiburon. CA 94920 . s._.. , . � � . To: Mayor and Me��bers of the To�vn Council From: Department of Adi��i��ist��ative Services Subjeet: Annouilcement of Pendinb Vacancy on the Marin Coi��mission on Abing and Disaster Advisoi•y Council ir Reviewed By: ; ��s Gre� Chanis,To��m Mana�er Benjamin Stocl<,Town Attorne� SUMMARY Tl�e Cou»cil wil] formally announce the special and pending vacancies on tlle Marii� Commission on Aging and Disastel• Adviso�y Council and i��vite applications fi�oin qualified applicants. RECOMMENDEll ACTION(S) 1. Announce the special aud pending vacancies on the Disaster Advisory Council and the Marin Commission on Aging by acloption of this item on the Consent Calendar. BACKGROUND Each Jai�uary, the Town Co�u�cil aiuiolinces the pendii�g vacancies oi� To��n boards, commissions and committees that are expected to expii•e in the coming ��ear. Mc��st Town appoii�m�ents are regularly scheduled to expire on Februai-y 28 of each ycar. but thc Town appointment to the Marin Commission on A�inb expires on J�u�e 30 of each year. There is one pendin� vacancy on tl�e Mar-in Comn�is�ion on A�ring this year. Sue It��entus' term o�� the Commission expires on June 30_ 2020 ancl she as indicated she �-vill not seel< reappointment. Pendinb vacancies for the entire calendar year are al�vays aclvertised as part of the re�rular appointi��ents process at the bebinnin� ofeach ��eai�. but it mav be appropriate to remind the public ofthe pending vaca��cy again and invite qualiiied applicatio»s. There is also a special (unscheduled) vacancy on the Disast�r Advisorv Council. Ellen Rony has submitted her resibnation (�xhibit 3) fi-om the Co�u�cil. She has ii�dicated sl�e is willi��g to stay on through the summer until a suitable replacei��ent has been found. To�� orTiBURon� --- --- - P�cc 1 0�2 The notices of v�cancy are attached �s �xhibits 2 and 4. Staff will accept applieation for both seats lintil June 19, 2020 at� 5:00 p.m. ai�d sched�ile interviews �vith the Town Council. The Council �-vill inte��view all ne�v �pplicants fo�-Tl�e positions until appoi��tments are �rsade. ANALYSIS No f�u�ther analysis provided. FINANCIAI� IMPAC7' St1ff anticipates no direct tisc�l impact to the Town by adoptio�� of this item. TNVIRONMTNI'AL RCVITW � Staff has preliminarily determined that adoption of this itei�� is statutorily exempt froi�� the requirei��ents of the California Enviroi�mcntal Quality Act (CEQA) pursuai�t to Section 15378 of the CCQA Guidelines in that it does not constitute a project unde�-CEQA. �2�C�MMi�,NI)f1TiOli� Staff�-ecommends that the �I�o��n Council announce the pei�dii�g vacancy on the Mari�� Commission on Aging by adoption ofthis report o�� the Consent Calendar. F.,xl�ibit(s): I. Sue Itwentus Resi��nation 2. Pendine Vacancy V�otic�(I��larin Commission on Aging) 3. Ellen Rony Resi��nation � 4. Special Vacancy Notice(Disaster Council) � Prepared By: Lea Stefani_�I�o��n Clerl. To�� orTiH� ►zo�� P:�c[�: 2 ot�2 EXHIBIT 1 From: Kathieen Kaventus To: Vice Mayor Alice Fredericks; Lea Stefani Subject: Re: Marin Commission on Aging Appointment Date: Monday, May 11,2020 10:31:49 AM _ ._ _.___... .--._. ___W. __.�__..r____�__—__ .r_. �__ ___ __ __ _...__ _.___.. .. _ This em�il originated from outside of the organization. Do not click links or open attachments unless you ; recognize the sender and know the content is safe. i _. _._..._ ...... ........... ...... ._..._.... ._ _. ...... �._._. . ... .............__........_ ._ _._ . _....._..... ; � I will not re�pply. 1 am worl<in� full time and it is bood to �ive others a chance to participate � Thl<s Sue � On Mon, May 1 I. 2020 at 9:55 AM Lea Stefani <Istefani�townoftib�n�on.or<�> wrote: � Thanl:s Sue. 1 do have a few other applicants that have submitted applicatio��s for the position. All applicants are considered equally by the Council, so it is up to you ifyou � ��o�ild lil<e to tl�row your name in. ..... .... ... ..... ............ i,e6� ,lSbl,6��. . ..... .... . . ......... ... . ... ... . . ... .. . .... . .. .. ... .... .. ...... .... .. .. ....... .. ..... .... ......... To�vn Clcrl: � '��own ol'Tiburon � (415)435-7377 Istef�ni%�i�towi�ol-tiburon.o�-� From: I<athleen 1<wcntus <I<suelc�ventus c��mail.eo��i> � Sent: Monday. May I I, 2020 9:54 AM To: Lea Stetani <Isteiani atownoftiburon.or�> Subject: Re: Marin Coi��i��ission on Aginb Appointment , _._ _ __.... __.__... _ _ _..... _.._. . _ .. __ _.. !�� .i �ilt)'�.: �I�his email originated fi•om outsi�le ofthe organization. Do not clicl< lii�l:s or opcn attachmcnts ?unl�ss��ou rcco�nizc the s.ndcr and I:no��, the content is safe. _......... _....... _....... _.... ......... __ _ _..._..; Yes if you do not have other applicants that ai-e lined up to serve. Just let me kno�-v. "I�hl<s sur � On Moi�. May I I. 20�'0 at 9:49 AM Lea Stefani <Istcfani a,�to��noftiburon.or<7> wrote: EXHI � IT2 � _��,� � ,% � , ., :,R.�-�- o, � �� :, l ;^>, ��. � E° TOWN OF TIBURON NOTICE OF P�NDING VACANCY ON TOWN BOARD OR COMMISSION iviu`y' ?v?v N[ARIN COMMISSION ON AGING � Positioi�: COMMISSIONER—TOWN OF TIBURON � "l�erm: 3 Yeais Purpose: The Marin Co�inty Commission on l�bing is � federall_y mandatcd advisory council. The tnission ot�the Commission is to promole the dibnity. independence and quality ofi life of older persons thoubh advocacy, information, probrai�s and services. Quali�Eications: Applicants i��ist b� i-�sid�nts ofi tl�e Town of'1'il��Ci� and I�ave ?he i2�t��rest. dedication and time commitment to serve as a ti�ustee on the Gommission. includinb atte��dance at rebular monthly meeti��gs �nd other�ctivities. �(�he pending vacancy on the Commission is as follows: Appointee Date Anp�inted Teri�1 L_rprrcrtio�� 1) Sue Kwent��s April 2017 J�u�e 30_ 2020 � interested residents can contact Tibui-on Town Clerl< Lea Stefani at (415)435-7377 for more iniormati��n, or picl< up an application at Tiburon Town Hall, 1505 "I�iburon Boulev�rd. Applic�ti�i�s are also availabie onli��e at ww�-v.towno�(�tiburon.or��. Dec�dline fo�Appliccctions: Ju�ze 19, 2020 «t S:00 ��.j�z. ,A`nlice po.st�d ul Toi�r��Hall �� Publishe�/ii�!he fl�-k o��1L1ay 20&Jui�e�, 2020 EXH I BIT 3 Ellen Rony s 21 Juno Road � Tiburon, CA o 94920-1346 � 4151435-1401 _ _ _ _ January 21, 2020 vi. iviii �ii�'vticii, (�,iiaii Members of the Belvedere-Tiburon Joint Disaster Advisory Council Town of Tiburon 1550 Tiburon Blvd. Tiburon, CA 94920 Dear Belvedere-Tiburon Joint Disaster Advisory Council Members, With mixed emotions, I tender my resignation from the Belvedere-Tiburon Joint Disaster Advisory Council. It has been my great honor to serve the Tiburon community as a representative on the BTJDAC since 2003. i have enjoyed worl<ing to strengthen emergency readiness on the pe�i�sula thf�ough ihree successive town administrations. The time has come to relinquish my role to new energy and ideas. My decision was made notwithstanding that during the recent power outage I failed to purchase auxiliary blocl< ice and had to discard my freezer's contents. I will remain on board through the summer until a replacement Tiburon member is appointed.by the Town Council. i hope that the BTJDAC will eventually consider the Resilient Community proposal I presented to the group last April. It is focused on strengthening Phase Four recovery efforts and building an ongoing audience for these meetings. Please reach out if I can provide assistance as the work of the BTJDAC moves forward. My support for emergency readiness in Marin abides. Regards, �iio;; R�;-;,, r ellen@rony.com EXH i BIT 4 ��/��/_�.�_--_�� /� \ /. -�,�''. •'� �� j ��✓� , �� \ 4", t�. C?". . , TO WN OF TIB URON NOTICE OF SPECIAL �IACANCY ON TOWN �BOARD OR COMMISSION May� 2�2� BELVEDERE-TIBURON DISASTER ADVISORY COUNCIL Position: Committee Member "l,erm: No Term Limit � Pui-pose: The purpose ofthe Dis�ster Advisory Co�u�cil is to 1) provide underst�nding oi�the Tiburo»Peninsula en�er�ency orba��izat�ions; 2) provide disaster education & training for the Tiburon Peninsula comm�u�ity; 3) provide neighborhood a�vareness & personne) respo��sibility for en�ergency preparedness; and 4) �ipdate and maintain Tib��oa� P��insul�t Eme��benc; Pla��. Qualit�ications: Applicants must be residents ofthe Town ofTiburon ai�ci have the interest. dedication and time commitment to serve as a tr��stee on the Council_ includinb attendance at reb�ilar meetings and other activities. 7'he special �ac�ncy on the Commission is as follows: �ppnintee Drrte Appoiiztecl Ternz ExpiYalion 1) Ellen Rony Februaiy 2003 No Term Limit Interested residents can contact Tiburoi� To��n Clerl< Lea Stefani at (�15)435-7377 for more inf�ormatio��, or picl< up an application at Tiburon Town Hall, I505 Tibul•on Boulevarcl. Applications are �Iso �vailable online at �a��v�v.to�v��oftib�u-on.or�,�. De�rdline fo�•Appliccctio�zs: June 19, 2020 �zt 5:00 p.nz. � Notice poslecl u� lorri� Hall Pzib/i.shed in�he Ark on,��lut�20 c� June 3, 2020 7�own Council Meetin� TOWN OF TII3UROi\' May 20, 2020 °�� 1505 Tibiu�on Boulevarci Agenda Item: CC - 2 � � "I,iburon_ C�1 94920 . � ..�..,. ' ' A ' To: Mayor and Members ofthe To��n Council Fi•om: Department of Public Worlcs Subjeet: Recon�mendation to npprove a Memorandu�� of Understandinb between the Cou��ty, Other Participating Agencies, and the Town of Tiburon for the Implementatioi� of Trash Capt�u-e Projects .� _ Reviewed B / !�j��` y: C��/�' .;-.i <�,�;. .�`✓r� _ .r -�-: Gre� Cha��is,�fown Mana��er Benjamin Stod:.Town Attorne SUMMARY Marin Countywide Stormwater Pollution Prevention Program (MCSTOPPP) rece�ived a grant in the arnount of$685,000 to i»�plemei�t trash capture pl�ojects i�hrou��hout the region. In oi•de�•to participate ai�d have trash capture devices installed, the Town must autho�•ize a��cl e�ecute a Memorand�un of Understanding with MCSTOPPP. Local match will be provicied tl�roug(� in- kind labor by implementing existing MCSTOPPP trash reduction work. R�COMMENDED ACTION(S) Staff recom►neiids that the Town Council: 1. Authoi•ize and execute tl�e Memorandum of Underst�tnding foi- the ImE�lementation of Trash Ca ture Pi•o'ects. BACKGROUND The Town is subject to the National I'ollutioi� Dischae«� Elimin�tio�� Systei�� Munieipal Gei�eral Stormwater Permit (Phase I1 Permit) issucd by the State Water Resources Control Board. ]n order to re�,�ionalize ai�d n�ore effectively comply ��vith tl�e Phase II Permit, tl�e Town,joi��ed with od�er local agencies throu�h a .Ioii�t Exercisc ot�Po�ver A«reement to form the Marin Co��nt�ywide Stor•mw�ter Pollution Pl-evention Pro<�rai�i (MCS"T�OPPP). MCSTOPYP develops tools a��d provides assistance to i��ember a<�encies in permit coi��pliance acti�iti�s. Tl�e State a��d the ne�v Draft� Phase Il Pcrmit mal<e the control �of trash a priority and emphasize the 1�reque��t� cleaninb o1� catch basins and other measin-es to reduce the amo�u�t of trash that is discharged to waterways. In response, MCS�I��OPPP applied for and received brant fundinb to offset cosTs associated with implemei�tation of storm��-ate1- trash control tl�rougl�out the cities, towns and unincorporated areas of Marin Co�u�ty. The �roals of this project arc to: 1) i��prove water quality the San Francisco Bay by reducin�� and preventing trash in stormwater dischal-ges, 2) monitor the success of MCSTOPPP implemcntations of trash pollution prevention, and 3) sharing lesso��s learned froi�� t'rash control efforts re��ionally and statewide. Tow� o��T»uao� Pacr 1 or 3 M��y �o. zozo � Funded projects include: • lmplement a ran�e of trash capt�n-e plai�ning and pollution prevention public outreach e�ftorts. � • Purchase o'f one lar�e �full capt�ure device — n p�rticipating MCSTOVPP p�rtner agency with the highest trash load will install one large trash capture device. � • Purehase and insCallation of many small trash capt�u�e devices — The partici��ati��g MCSTOPPP partnei-�bencies will identify l�i��h priority and opportune locations. On �u�ust 20, 2019, the County Board of Supervisors, on behal�t'oFMCSTOPPP, accepted gi-ant funds in the amount of $685,000 fi-om the San Francisco Water Quality Improv�me��t Fund through the Ui�ited States Cnviron�ne��tal Protection A��cncy (EPA). The grant tunds will be �ised specitically for the p�irchase ai�d installation of certitied tull trash capture de��ices that will be placecl in prioritized locations tlu�olibhout tl�e Coui�ry in accol-dance with each mw�icipality's Trash Reduction Implementation Plans. �T'his grant's 50% m�itch rcquirement will be met through implementation of existing trash reduetion worl<plans by MCSTOPPP and its member agencies, and, in some cases, ti�rough matchi��b capital investment by participating MCSTOPPT' member agencies. MCSTOPPP i��embee a�encies are expecteci to provide documentation of match, such �s in-I<ind eYpenditu��es oFlaboi•, coi�tt�actinb or capital �urcl�asing, i�� a�1 equivalent amountlo any invoices for reirnb�irsement ti-om these �rant fw�cis. "I,own Statt� intei�ds to meet the matchi��b requirements throuah in-1<ind labor by implementing existing MCS��OPPP trasl� red�iction worl<plai�s. St1ff does not anticipate additional capital expenditures. The lttached Memorandum of Understandinb (MOU) detines the roles and responsibilities of each part�icipating agency and establishes reporting and match requirements foi- reimbursement of approved expenditures for g�•ant-related expei�ses. under the terms of the lttached. ANALYSIS MCS`TOPPP will �dministe�• the gra��t project tlu�ou�h coordination and reportin� of litter control planning and imple��entation activities by the participatin�r agencies includii�g the sitin;, desibn and installatioi� of State-certifiied full trash capture cicvices in prioritized locations in each particip�ting agency's jurisdiction. �1ll brant f-unded projects �vill be completed hy J�n�e 30, 2024. If the Town does not authorize and exec�ite tl�e MOU. thc;n the "�l�o��vn will not be able to receive trash capture devices through this grant. FINANCIAL IMPACT As detailed ii� the MOU, the brant's 50% match requircmenC ��ill be met throu�h implementation of e�isting trash reduction worl<plans by MCS'I�OPPP anci its member agei�ci�s, and, in so»�e cases, throu�h matchi��g capital investment by participltin�� MCS��OPPP member abencies. � MCS"I OPPP member agencies are expected to provide docume��tatio�� of m�tch. such as in-I<ind eYpenditures of labor, contracting or capital p�n�chasin«. in an ec�uivalent amount to any invoices for reimbiu-sement fi�om tl�ese �rant filnds. Town Staf'f intends to meet the matchin« requirements thi-ough in-I<ind ]abor by implementinb existing MCSTOPPP U�ash reduction �vorl<plans. Sta'tf� does not anticipate additional capital expe��ditiu-es for installation. "I�o�a�� r Titiurio� Y;acl:2 or 3 May 20.2020 The trash capture devices �vill requii�e additional cffort fii-oi�� existii�g Public Works Staff to cl�an and mai��tain. "I�he exact level oi�efl�ort 1-equired will depend on the specitic device selected and installed. At a minim�m�, the devices require inspectio�� three times per year, and cl�aning once per year. lt is anticipated that inspection and cleaning will be manual. The financial impact is li]<ely to be small and limited to Statftimc only. ENVIRONMI;NTAL R�VI�W Approval of the MOU does i�ot constitute a Project as defined by the California Cnvironi��e��tal Quality Act (CEQA). R�COMM�NDATION Staff recomme��ds that the �I�o��n Council autho�-ize ai�d execute the attached MOU. Exhibit(s): l. Memorandum of�inderst�nding for Implementation of 7'rash Capture Projects Prepared By: Steven Palmer. Director of�Public Worl<s/Town Gngineer "To�a�� or T�tit;uo�� P,ac�i�:3 or 3 EXHl � I1� 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE COUNTY OF MARIN AND THE MEMBER AGENCIES OF THE MARIN COUNTY STORMWATER POLLUTION PREVENTION PROGRAM, REGARDING ENVIRONMENTAL PROTECTION AGENCY FUNDING AND MEMBER AGENCY MATCH FUNDING FOR IMPLEMENTATION OF STORMWATER TRASH CAPTURE PROJECTS Project Title: Marin County Pollution Control Infrastructure Project U.S. Environmental Protection Agency Agreement No.: W9 - 99T87001 - 3 This Memorandum of Understanding ("MOU") is made and entered into this day of 2020, by and between the County of Marin, a political subdivision of the State of California, ("COUNTY") and the participating Marin County Stormwater Pollution Program (MCSTOPPP) municipalities as represented by the signatures to this MOU, hereinafter collectively referred to as the "Parties". RECITALS WHEREAS, COUNTY has applied for a grant and has been determined by the U.S. Environmental Protection Agency ("EPA") to be eligible for a grant pursuant to applicable State laws and regulations; and WHEREAS, on July 15, 2019 the EPA approved grant funding for the Project, more fully described in Exhibit A attached hereto; and WHEREAS, the Project generally consists of trash capture planning, infrastructure purchasing, installation, maintenance, monitoring, public outreach, and knowledge sharing to prevent and/or treat trash stormwater pollution within MCSTOPPP agencies prioritized watersheds; and WHEREAS, pursuant to the San Francisco Bay Water Quality Improvement Fund ("SFBWQIF") Grant Program Grant Agreement ("Grant Agreement") entered into between the EPA and COUNTY, Agreement No. W9 - 99T87001 — 3, dated October 29, 2019, (attached hereto), and subsequent amendments, the term of this MOU and the Project shall begin on the date this MOU is made and entered into and continue through Project completion plus thirty-five (35) years unless otherwise terminated or amended as provided in this MOU. However, all work shall be completed by October 31, 2024 unless extended through an amendment to the Grant Agreement executed by the EPA and COUNTY; and WHEREAS, COUNTY is the grantee under the Grant Agreement and is responsible for accepting and complying with all the terms, provisions, conditions, and commitments of the Grant Agreement; and WHEREAS, COUNTY is responsible for coordinating and developing implementation of the Project and for executing subcontract agreements for the distribution of EPA SFBWQIF grant funds to the Parties on the terms and conditions set forth in the Grant Agreement and this MOU; WHEREAS, COUNTY is responsible for complying with and requiring its subrecipients, contractors, and subcontractors to comply with ali applicable laws, policies and regulations; and : VVHEREAS, the MLSTOPPP participating agencies are subrecipients of the Grant Agreement, pursuant to this MOU, and this MOU sets out the responsibilities of the Parties with respect to the Project and to submit invoices for reimbursement of work performed under the Grant Agreement; and WHEREAS, COUNTY and MCSTOPPP participating agencies agree pursuant to this MOU to implement the Project on I�nd and/or easements of the Parties and to abide bv the terms set forth in this MOU. � NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the Parties hereto agree as follows: 1. Definitions. (a) Countv of Marin ("COUNTY") shall mean: (i) COUN�C�Y, including all commissions, departments, agencies, and other subdivisions of COUNTY; (ii) COUNTY's elected officials, directors, officers, employees, agents, successors, and assigns; (iii) all persons or entities acting on behalf of#he#oregoing. (b) "Losses" shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described) whether or not such Loss be founded or unfounded, of whatsoever kind and nature. (c) References to this MOU. References to this MOU include: (i) any and all appendices, exhibits, schedules, and attachments hereto; (ii) any and all statutes, ordinances, regulations or other documents expressly incorporated by reference herein; and (iii) any and all amendments, modifications or supplements hereto. References to sections, subsections or appendices refer to sections or subsections of or appendices to this MOU, unless otherwise expressiy stated. Terms such as "hereunder," "herein" or "hereto" refer to this MOU as a whole. (d) Reference to laws. Any reference in this MOU to a federal or state statute, regulation, executive order, requirement, policy, guide, guideline or instruction shall mean that statute, regulation, executive order, requirement, policy, guide, guideline or instruction as is currently in effect and as may be amended, modified or supplemented from time to time. 2. Invoices and Approval. The Parties shall comply with the invoicing, budget detail and reporting provisions set forth in Exhibit B for any work performed in which the partv intends to seek reimbursement under the Grant Agreement. The Parties will not proceed with any work on the Project for which the Parties intend to seek reimbursement by grant funds until authorized in writing by COUNTY. 3. Match Funds. The Parties agree to provide match funds up to SIX HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($685,000) for this Project. This amount of match funds is based on work in-kind, such as labor, capital purchasing and installation costs as incurred under the tasks in the Scope of Work, set forth in Exhibit A attached hereto. Each party to this MOU understands and agrees that it is required to match funds equivalent to any and all invoices for reimbursement submitted by said party pursuant to the Grant Agreement and shall provide such information in its reports submitted pursuant to Exhibit B. 4. Liability and Security. The Parties agree to cooperate, to the extent allowed by law, in the submission of claims pursuant to the Federal Tort Claims Act against the United States for personal injuries or property damage resuiting from the negligent or wrongful act or omission of any empioyee of the United States while acting within the scope of his or her employment, arising out of this MOU. 5. Compliance with the Grant Aqreement. The Parties shall comply with the Grant Agreement, including the terms and conditions and special conditions included in Exhibit C attached hereto and incorporated by reference as though fully set forth herein. The Parties shall promptly comply with all standards, specifications and formats as may from time to time exist, related to evaluation, planning and monitoring of the Grant Scope of Work, set forth in Exhibit A attached hereto, and shall cooperate in good faith with COUNTY and the EPA Project Officer, as defined in the Grant Agreement, in any evaluation, planning, implementation, monitoring, or reporting activities conducted or authorized by COUNTY or the EPA Project Officer. 6. Dispute Resolution. If a dispute arises between the Parties concerning the interpretation or operation of this MOU, any party may request mediation by providing the other parties with written notice of such request. No party is obligated to enter mediation. Nevertheless, if the Parties mutualiy agree to enter mediation, the parties shail attempt to agree upon a single mediator, and the costs of inediation shall be borne equally by the Parties. Any efforts at mediation shall conclude within ninety (90) days after the written notice, unless the Parties mutually agree to extend the time period for the mediation. 7. Indemnification; Hold Harmless. To the fullest extent permitted by law, each Party (the "Indemnifying Party") agrees to defend the other Parties, their affiliates and each of their officers, agents, employees and volunteers (each an "Indemnified Party') from and against any action, claim, losses, suit, investigation or other proceeding brought by a third party (a "Claim") to the extent such Claim results from the Indemnifying Party's breach of this MOU or the negligence, willful misconduct or fraud or violation of law on the part of the Indemnifying Party, its officers, agents, employees, or volunteers in connection with this MOU. The Indemnifying Party will indemnify and hold harmless the Indemnified Party from any liabilities, losses, damages,judgments, awards, fines, penalties, costs and expenses (including reasonable attorneys' fees and costs of defense) incurred by or levied against such Indemnified Party as a result of such Claim, excluding, however, such liability, claims; losses, damages or expenses arising from the negligence or willful acts of the Indemnified Party. Further, Indemnifying Party shall make Indemnified Party and/or County whole for any payment of any penalty, fine or assessment against County or any other Indemnified Party arising from the failure of Indemnifying Party or its respective officers, agents, employees, volunteers, contractors and subcontractors to comply with the Grant Agreement and all applicable regulations, including, but not limited to, any penalties, fines or assessments that may be assessed under a Federal or State False Claims Act Provision. 8. Termination. Prior to expending any EPA Grant funding any party may withdraw from this MOU, without cause and without liability to the other parties, by providing the other parties written notice of intention to do so thirty (30) days prior to the effective date of withdrawal. After commencement of the Project, termination of this MOU shall not relieve the terminating party from any duti�s; assurances or Losses that may occur in connection with the Project. The term of this MOU and the Project shall begin on the date this MOU is made and entered into and continue through Project completion pius thirty-five (35) years unless otherwise terminated or amended as provided in this MOU or by mutual agreement of the Parties. 9. Notice. All notices and other communications required or permitted to be given under this MOU, including any notice of change of address, shail be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO COUNTY: Raui Rojas, Project Director Director of Public Works Marin County Department of Public Works 3501 Civic Center Drive, Room 304 San Rafael, CA 94913-4186 415/499-6583 e-mail: rroias(a�co.marin.ca.us TO PUBLIC WORKS DIRECTORS OF MARIN CITIES AND TOWNS: Robert Zadnik R.J Suokko, Mark Lockaby Director of Pubiic Works, Director of Pubiic Works Town Public Works Manager City of Belvedere of Corte Madera Town of Fairfax 450 San Rafaei Avenue 300 Tamalpais Drive 142 Bolinas Road Belvedere, CA 94920 Corte Madera, CA 94925. Fairfax, CA 415/435-3838 415/927-5057 94930 rzadnik@cityofbelvedere.com rsuokko@tcmmail.com (415) 458-2370 mlockaby townoffairfax.org Julian Skinner, Andrew Poster, Christopher Blunk Director of Public Works Director of Public Works Public Works Director City of Larkspur City of Mill Valley City of Novato 325 Doherty Dr 26 Corte Madera Ave 922 Machin Avenue Larkspur, CA 94939 Mill Valley, CA 94941 Novato, CA 94945 415/927-5020 415/384-4800 415/899-8246 skinner cit oflarkspur.or publicworks cit ofmillvalle .or w novato.or Richard Simonitch Kevin McGowan, Sean Condry Public Works Director/Engineer Director of Public Works & City Public Works & Building Director Town of Ross Engineer Town of San Anselmo P.O. Box 320, 420 Litho Street 525 San Anselmo Avenue 31 Sir Francis Drake Boulevard Sausalito, CA 94965-1933 San Anselmo, CA 94960 Ross, California 94957 415/453- 415/289-4176 415/258-4616 1453rsimonitch townofross.or kmc owan sausalito. ov scondr townofsananselmo.or Bill Guerin, Steven Palmer Director of Public Works Town of Tiburon City of San Rafael, Director of Public Works /Town 111 Morphew Street Engineer San Rafael, CA 94901 1505 Tiburon Boulevard 415/485-3355 Tiburon, CA 94920 415/435-7388 10. Anti-Deficiency Act. Notwithstanding any provision to the contrary herein, nothing in this MOU shall be construed as binding the United States of America to expend in any one fiscal year any sum in excess of appropriations made by Congress or administratively allocated for the purpose of compliance with the conditions for this MOU for the fiscal year, or bind the United States under any contract or other obligation for the further expenditure of money in excess of such appropriations or aliocations, and nothing in this MOU may be considered as impiying that Congress will at a later date appropriate funds sufficient to meet deficiencies. Notwithstanding any provision to the contrary herein, nothing in this MOU shall be construed as binding the COUNTY or the Parties to expend in any one fiscal year any sum in excess of appropriations approved by the COUNTY's Board of Supervisors or, the Parties' respective Councils for the purpose of compliance with this MOU for that fiscal year, or bind the COUNTY or the Parties under any contract or other obligation for the further expenditure of money in excess of such approved appropriation. 11. Promotions. The Parties will not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still and motion pictures, articles, manuscripts, or other publications), which states or implies United States, EPA, SFBWQIF, or United States employee endorsement of a product, service or position which the party represents. No release of information relating to this MOU may state or imply that the United States approves of the party's work product or considers the party's work product to be superior to other products or services. 12. Pubiic Information Release. No party will unilaterally publish a joint publication without consulting the other parties. This restriction does not apply to popular publication of previously published technical matter. Publication pursuant to this MOU may be produced independently or in collaboration with others; however, in all cases proper credit will be given to the efforts of those parties contributing to the publication. In the event no agreement is reached concerning the manner of publication or interpretation of results, any party may pubiish data after due notice and submission of the proposed manuscripts to the other parties. In such instances, the party publishing the data will give due credit to the cooperation but assume full responsibility for any statements on which there is a difference of opinion: 13. Civil Riqhts. During the performance of this MOU, the Parties agree to abide by the terms of all applicable laws related to non-discrimination. 14. Entire Aqreement and Amendment. The terms and conditions of this MOU, all exhibits attached, and all documents . expressly incorporated by reference, represent the entire MOU of the Parties with respect to the subject matter of this MOU. This written MOU shall supersede any and ali prior agreements, oral or written, regarding the subject matter between the COUNTY and the Parties. The terms and conditions of this MOU shall not be altered or modified except by a written amendment to this MOU signed by the Parties. The following Exhibits are attached and made a part of this MOU by this reference: Exhibit A SCOPE OF WORK AND SCHEDULE Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS Exhibit C GRANT AGREEMENT AND EPA GENERAL TERMS AND CONDITIONS EFFECTIVE OCTOBER 1, 2019 15. Procurement. The Parties agree to follow the EPA Best Practice Guide for Procuring Services, Supplies and Equipment Under EPA Assistance Agreements, attached hereto as Attachment 3. 16. Assiqnment. The Parties shall not assign this MOU to any third-party, either in whole or in part, without the written consent of all Parties. 17. Representations. The Parties agree to comply with all terms, provisions, conditions, and commitments of this MOU; including all incorporated documents, and to fulfill ail assurances, declarations, representations, and commitments not amended by the Grant Agreement made by COUNTY, accompanying documents, and communications filed in support of the request for grant funding. The Parties shall comply with and require its contractors and subcontractors to comply with all appiicable laws, policies and regulations. IN WITNESS WHEREOF, THIS MEMORANDUM OF UNDERSTANDING HAS BEEN ENTERED INTO AS FOLLOWS: COUNTY OF MARIN By Katie Rice Its President Board of Suqervisors , 2020 APPROVED AS TO FORM: By Jenna J. Brady, Deputy County Counsel CITY OF NOVATO BY Chief Adam McGill Acting City Manager, (Inert page break) CITY OF SAN RAFAEL BY Jim Schutz City Manager, (Inert page break) TOWN OF FAIRFAX BY GARRETT TOY TOWN MANAGER, (Inert page break) TOWN OF SAN ANSELMO BY David Donery Town Manager, (Inert page break) Town of Ross BY Joe Chinn City Manager, (Inert page break) TOWN OF LARKSPUR By Joe Schwartz City Manager, (Inert page break) CITY OF CORTE MADERA By David R. Tooley City Manager, (Inert page break) CITY OF MILL VALLEY By James C. McCann City Manager, (Inert page break) TOWN OF TIBURON By David Kulik Mayor (Inert page break) CITY OF BELVEDERE By Nancy Kemnitzer Mayor Exhibit A —Scope of Work and Schedule The Parties shall complete the following Scope of Work as indicated: A. GENERAL DELIVERABLES AND COMPLIANCE REQUIREMENTS 1. Identify and provide stormwater GIS information for trash capture planning, installation, and monitoring prior to payment or reimbursement of project invoices by the COUNTY. Submittal requirements for stormwater GIS data are available at: https://www.marinmap.orq/dnn/Tools/DataDocumentUpload aspx. 2. Purchasing and Contracting shall foilow the EPA guidance in "Best Practice Guide for Procuring Services, Supplies, and Equipment Under EPA Assistance Agreements," September 7, 2018. 3. If landowner agreements are required, signed copies must be submitted to the Grant Project Officer through COUNTY before work begins. 4. If permits are required; the permits musf be obtained and signed copies submitted to the Grant Project Officer through the COUNTY before trash capture installation begins. 5. Federal Disclosure Documents— Include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this MOU: "Funding for this project has been provided in full or in part through an agreement with the United States Environmental Protection Agency (EPA). The contents of this document do not necessarily reflect the views and policies of the EPA, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." 6. The Parties shall also include in each of its contracts for work under this MOU a provision that incorporates the requirements stated within this exhibit. B. SCHEDULE OF WORK TO BE PERFORMED BY COUNTY AND/OR MCSTOPPP PARTICIPATING AGENCIES Deliverable Task Name Descri tion Deliverables Res onsibilit Date s Marin municipalities use Planning large existing and new Installation and small full mapping to select locations and trash capture optimal device trash load device installation reduction 1 installations locations estimates Watershed and Drainage TMA delineation, stormdrain network network map ranking, and GIS mapping and data, location, County and 1.1 rioritization rankin and rankin Parties June 2020 Identify CalTrans Map CalTrans partnership projects Maps and device 1.2 0 ortunities ossibilities selections Count June 2020 Identify public Review existing private device specs with partnerships and vendor for proposal Device device retrofit to SWRCB for specifications County and 1.3 0 ortunities cortication. and retrofit lans Parties Ma 2022 Guidance tools Code/ Policy Agenda, for public private language pathway minutes, and September 1.4 FTC matrix action items Count 2020 Full Trash Engineering, RFP, proposal Capture Device Design, ranking, and Installation / Purchasing, and award 2 Construction Construction documents Staff device Technical selection, Existing investigations hydraulics, conditions plans preliminary investigate utility and hydraulics 2.1 desi n conflicts calcs Parties Ma 2021 Plan review and Design, permitting; Approvals, Construction Plan Construction permits, Specs and document construction September 2.2 Permitting development plans and specs Parties ____ 2021 Device purchasing contracts, construction Contract awards, Parties— large contracts, approvals, devices approvals, invoices, County/Parties Purchasing and construction, and progress reports —Small October 2.3 Construction inspections and photos devices 2023 Deliverabte Task Name Description Deliverables Responsibility Date(s) Dates, Device Device and locations, maintenance, streetscape quantities, and trash pollution monitoring and types of capture, and maintenance/tras materials 3 Monitorin h removal removed On-Land Visual Trash Asessments (OVTA) sampling frame and device Monitoring for maintenance maintenance and monitoring apps to effectiveness document February 3.1 assessment tools effectiveness Applications County 2020 Document site/device Monitoring and condition, locations maintenance data treated, and Monitoring County and 3.2 collection materials removed data/records Parties June 2024 Trash reduction Annual trash reporting and Maintain and reduction % and Yearly, and Implementation populate reporting TRIP updates (if County and October 14, 3.3 Plan Updates tool applicable) Parties 2024 Public education Trash education to reduce trash Event outreach 4 and outreach loadin materials Develop public Litter outreach campaign Prevention/Reduc materials (print and tion Outreach electronic ads, PR campaign October 4.1 Campai n videos materials Count 2024 County, local agency, CalTrans Clean Marin and local volunteer Meeting agenda, Quarterly Coalition group planning minutes, and and October d, 7 (�nnrrJ�n54�nn mor,tir,r,� ♦t..,.. '+......,, r+.......a.. nr.n ��u< <.�:u�� o aCuvi i iic�i�� ,VUI Il LUL'-F Business outreach and enrollment in Quarterly Clean Business litter free practice Participation and October 4.3 Pro ram im lementations counts Count� 2024 Marin Clean Highways Tarp Outreach at waste Counts of Quarterly Your Load transfer stations to secured vs and October 4.4 outreach haulers unsecured loads Count 2024 Deliverable Task Name Description Deliverables Responsibility Date(s) Municipal Planning, knowledge installation, and Agenda, share maintenance minutes, October 5 worksho s worksho s resentations Count 2024 Invoicing, quarterly and Task, budget, annual reports, Quarterly schedule, and meeting and Project deliverables minutes and October 6 mana ement reportin a enda Count /Parties 2024 EXHIBIT B — Invoicing, Budget Detail and Reporting Provisions A. Invoicing 1. Invoices shall be submitted to COUNTY by participating MCSTOPPP agencies on a quarterly basis. The invoice must be itemized based on the tasks specified in the scope of work. 2. Supporting documentation (e.g., contracts, receipts, labor reports, and photos) must be submitted with each invoice to request reimbursement for yra��t fUr�Us as wel! as i� si;�,�,o i �i�aiciii�y iuiius. i h� ai�iouiii ciaii�ied ior Task 2 - Full Trash Capture Device Installation and Construction line item shall be made only after receipt of a complete, adequately supported, properly documented, and accurately addressed invoice. 3. County and participating MCSTOPPP agencies shall request disbursement of grant funds for any cost only after such cost has been incurred and has been paid by or is due and payable. 4. Notwithstanding any other provision of this MOU, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates fo the Fed�ral Government, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation. 5. The invoice shall contain the following information: a. The date of the invoice; b. The time period covered by the invoice, i.e., the term "from" and "to"; c. The total amount due; and d. Original signature and date (in ink). e. Final invoice shall be for the period ending October 31512024 and be clearly marked "FINAL INVOICE." The final invoice shall be NO LATER THAN November 30th, 2024. B. Budget The maximum amount to be encumbered by COUNTY under the Grant Agreement for the grant period, June 1, 2019 to October 31; 2024, shall not exceed SIX HUNDRED EIGHTY-FIVE THOUSAND DOLLARS ($685,000) and shall be subject to Paragraph 8 of this MOU. C. Line Item Budget Set forth in the chart below are the estimated line item budget for each task. These amounts are subject to increase or decrease based on the process set forth in the �3udget Line Item Flexibility section D below. Task/ Organization Task Totals Match Grant Funded 1 Large and small $100,779 $100,779 full trash capture device installation planning 2 Full Trash Capture $954,438 $269,438 $685,000 Device Installation / Construction 3 Device $64,481 $64,481.63 maintenance, trash pollution capture, and monitorin 4 Trash education $175,847.43 $175,847.43 and outreach 5 Municipal $20,546.14 $20,546.14 knowledge sharing worksho s 6 Project $53,906.96 $53,906.96 Management Total $1,370,000 $685,000 $685,000 D. Budget Line Item Flexibility 1. Line Item Adjustment(s). Subject to the prior review and approval of the EPA's Grant Project Officer, adjustments between existing line item(s) may be used to balance unknown costs, labor charges, and in-kind match capacity. 2. Procedure to Request an Adjustment. COUNTY may submit a request for an adjustment in writing to the EPA. Such adjustment may not increase or decrease the total grant funding amount. Therefore, participating MCSTOPPP agencies must submit a request for an adjustment to the budget in this MOU in writing to COUNTY. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. 3. Remaining Balance. In the event Parties do not submit invoices requesting all of the funds encumbered under the Grant Agreement, any remaining funds revert to the EPA. The EPA will mail a Notice of Project Completion letter to the COUNTY stating that the Project file is closed, the final invoice is being processed for payment, and any remaining balance will be disencumbered and unavailable for further use under the Grant Agreement. E. Repo�s i. PROGRESS REPORT. The Parties shali submit quarterly progress reports to COUNTY by the fifteenth (15'") of the month following the end of the calendar quarter (March, June, September, and December). The Parties shall use the template provided in Attachment 1 to this MOU. a. The progress reports shall provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this MOU. The party shall document all contractor activities and expenditures in progress reports. b. The invoice should accompany the progress report. The invoice should reflect charges for the work completed during the reporting period covered by progress report. The invoice cannot be paid prior to submission ofi a progress report covering the invoice reporting period. c. The progress reports shall detail the work in-kind sufficient to cover the match#und requirement set forth in this MOU, 2. ANNUAL PROGRESS SUMMARIES. COUNTY shall prepare and provide to the EPA an annual progress summary by September 30, 2020, September 30 2021, September 30 2022, September 30 2023, September 30 2024. The summary must be no more than two (2) pages, and shall include pictures as appropriate. COUNTY shall upload an electronic copy of the Annual Progress Summary in pdf format to the EPA. The summary shali include the following: a. A summary of the conditions the Project is meant to alleviate, the Project's objective, the scope of the Project, and a description of the approach used to achieve the ProjecYs objective. b. A summary of the progress made to date, significant milestones achieved, and the current schedule of completing the Project. c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and alleviating the ProjecYs original conditions. 3. DRAFT PROJECT REPORT. COUNTY shall prepare and submit to the EPA Grant Project Officer, for review and comment, a draft Project Report that includes information collecred by all recipients in accordance with the Scope of Work. Where necessary, participating MCSTOPPP agencies shall provide COUNTY with supporting Project-related documentation needed to complete the Draft Project Report. The draft report shall address the following narrative sections and items. a. A summary of the Project, describing Project purpose, scope and goals, activities completed, techniques used, and partners involved. b. A report of all Project related work, measures implemented, structures installed together with their corresponding locations. The report shall be in a format that enabies the EPA's Grant Project Officer to find the physical location of each implemented practice or measure and/or monitoring event in a quick and efficient manner. Acceptable formats include, but are not limited to: • Map of locations using the Marin County GIS data submission standards. • GPS locations • A site or structure identification name or number F. Audit Disallowances The Parties agree that each shall be responsible for any audit disallowances associated with the EPA's grant funding submitted by that MCSTOPPP participating agency, and shall return any audit disallowances immediately. G. Fraud And Misuse Of Public Funds All invoices submitted shall be accurate and signed under penalty of perjury. Any and ail costs submitted pursuant to this Agreement shail only be for the tasks set forth herein. The Parties shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Parties are seeking reimbursement shail not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this MOU requiring the repayment of all funds disbursed hereunder. Additionally, the EPA may request an audit pursuant to the Grant Agreement and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civii liability. If it is determined that a party to this MOU is found liable for any such fraud or misuse of public funds, that party shail be liable for the repayment of any grant funds required to be repaid by the EPA. EXHIBIT C Grant Agl'22111e11t atld EPA General Terms and Conditions Effective October 1, 2019 W9-99T87001 -1 Page 1 GRANT NUMBER(FAIN): 99T87001 � o��urAl�s U.S. ENVIRONMENTAL MODIFICATIONNUMBER: 1 i DATEOFAWARD ' ,� y PROGRAM CODE: W9 ; 10/29/2019 C `� PROTECTION AGENCY TYPE OF ACTION i MAILING DATE � �� No Cost Amendment ; 10/29/2019 Q "`> ' c x ��y�` x PAYMENT METHOD: j ACH# �yr �,� Assistance Amendment ASAP PEN� ��aRo,�� ---- - �_ '� RECIPIENT TYPE: Send Payment Request to: County Las Vegas Finance Center email: Ivfo-grants epa.qov ' —.-__ . .__.__...__ _____ ____- -------- RECIPIENT: PAYEE: I _ ___. __..___ ___. _ _------ -_. ------ -. — _.___. --- -- County of Marin County of Marin ', 1600 Los Gamos Drive 1600 Los Gamos Drive I San Rafael, CA 94913 San Rafael,CA 94913 EIN: 94-6000519 � PROJECT MANAGER EPA PROJECT OFFICER EPA GRANT SPECIALIST Robert Carson Erica Yelensky Danielle Carr 1600 Los Gamos Drive 75 Hawthorne Street,WTR-2-2 Grants Branch, MSD-6 San Rafael.CA 94913 San Francisco,CA 94105 E-Mail: carr.danieileCa�eqa.qov ' E-Mail: rcarson a�marincounty.orq E-Mail: yelensky.erica(a�epa.gov Phone:415-972-3871 � Phone:415-473 2745 Phone:415-972-3021 I _ _ --- - -- _- ----------- - __--- PROJECT TITLE AND EXPLANATION OF CHANGES ��, SF Bay Water C�uality Improvement Fund I� The project is a collaboration of the member agencies of the Marin Countywide Stormwater Pollution Prevention Program(MCSTOPPP)which includes i Unincorporated Marin County(Lead Agency),the cities and towns of Novato,San Rafael,Corte Madera, Mill Valley.Tiburon. Belvedere,Sausalito,San , Anselmo. Ross. Fairfax.Additional partners include numerous volunteer groups, non-profits antl prospective Marin Clean Business owners.The project will � implernent a range of strategies to reduce trash in the environment including the installation of certified full trash capture devices,knowledge-sharing workshops,volunteer cleanups, public outreach events,and the development of social media antl public education campaign materials. ; This assistance agreement extends the budget and project period ending dates from 06/30/2022 to 10/31/2024. There is no change to the federal assistance I amount of$685,000. -- _-- ___.._ BUDGET PERIOD PROJECT PERIOD TOTAL BUDGET PERIOD COST TOTAL PROJECT PERIOD COST 06l01/2019 10/31/2024 06/01/2019 - 10/31/2024 $1,370,000.00 �1_370 000.00 NOTICE OF AWARD i i i Based on your Application dated 12/05/2019 including all modifications and amendments,ihe United States aciing by and through the US Environmental � Protection Agency(EPA)hereby awards$0. EPA agrees to cost-share 50.00%of all approved budget period costs incurred,up to and not exceeding total ' federai funding of�685.000. RecipienPs signature is not required on this agreement. The recipient demonstrates its commitment to carry out this award by I either: 1)drawing down funds within 21 days after the EPA award or amendment mailing date; or 2)not filing a notice of disagreement with the award terms I and conditions within 21 days after the EPA award or amendment mailing date. If the recipient disagrees with the terms and conditions specified in this award, the auihorized representative of the recipient must furnish a notice of disagreement to the EPA Award Official wiihin 21 days afier the EPA award or amendment mailing date. In case of tlisagreement,and until the disagreement is resolved,the recipient should not draw down on the funds provided by this I award/amendment.and any costs incurred by the recipient are at its own risk. This agreement is subject to applicable EPA regulatory and statutory provisions,i all terms and conditions of ihis agreement and any attachments. ISSUING OFFICE(GRANTS MANAGEMENT OFFICE) AWARD APPROVAL OFFICE ORGANIZATION/ADDRESS ORGANIZATION/ADDRESS '. - —._.._ _._. -— - - U.S. EPA. Region 9 U.S. EPA, Region 9 ', Grants Branch. MSD-6 Water Division.WTR-1 ' 75 Hawthome Street 75 Hawthorne Street ', San Francisco,CA 94105 San Francisco.CA 94105 THE UNITED STATES OF AMERICA BY THE U.S. ENVIRONMENTAL PROTECTION AGENCY Digital signature appiied by EPA Award Official for Carolyn Truong -Grants Management Officer DATE Danielle Carr-Award Official delegate 10/29/2019 EPA Funding Information W9-99T87001 - 1 Page2 FUNDS FORMER AWARD THIS ACTION AMENDED TOTAL EPA Amount This Action S 685.000 $0 S 685.000 EPA In-Kind Amount �p g � Q Unexpended Prior Year Balance S 0 $ $� Other Federal Funds s,� � �0 —-- -- ---- ___- -- ..._— _— —__ -- - __-- _— ----- --- — Recipient Contribution S 685.000 $ $685.000 State Contribution $p � �—m�� Local Contribution �p � �0 Other Contribution S p $ --- c�p Allowable Project Cost � S 1.370.000 $0 $ 1,370,000� Assistance Program(CFDA) Statutory Authority Regulatory Authority 66.126-San Francisco Bay Water Quality Clean Water Act: Sec. 320 2 CFR 200 Improvement Fund 2 CFR 1500 and 40 CFR 33 �I�C�� Site Name Req No FY Approp. Budget PRC Object Site/Project Cost Obligation/ Code Organization Class Organization Deobligation ( � � � I I I I W9-99T87001 -1 Page 3 Budget Suinmary Page:San Francisco Bay water quality improvement fund Table A-Object Class Category Totai Approved Aliowable i (Non-construction) Budget Period Cost � 1. Personnel �225.314 2. Fringe Benefits $112,610� — ----- --- -- 3.Travei �� — --- ----..._..__.... _.._--- 4. Equipment �� ---- ---.. _ ___.— 5.Supplies $1:196 6.Contractual $1,026,000 7.Construction SO� ---.._.___ ___...__ __- ----- _ 8.Other S4,880 9.Total Direct Charges 51,370,000� ---- - —--- ------------ 10.Indirect Costs: % Base �0 _..-- --- _ -- 11.Total(Share: Recipient 50_00% Federai 50.00%) 51,370,000 12.Total Approved Assistance Amount �685.000 13. Program Income $0 14.Totai EPA Amount Awarded This Action $0 15.Total EPA Amount Awarded To Date $685,000 W9-99T87001 - 1 Page 4 Adrninistrative Cone�itions All Administrative Conditions Remain the Same. General Terms and Conditions also apply The General Terins and Conditions of this agreement are updated in accordance with the link below. However, these updated conditions apply solely to the funds added with this amendment and any previously awarded funds not yet disbursed by the recipient as of the award date of this amendment. The General Terms and Conditions cited in the original award or prior funded amendments remain in effect for funds disbursed by the recipient prior to the award date of this amendment. . TMA Y�f��Y�iorif �lvrooc ' I�i 'tl-� +hr. 8 C17/� i i..,-...,... .J .J:x.:_.,,., •i_�_�_ ..��..�..i ia uy��,�.o iv C^v��r:,�y vviu i u�c i.Ul i cl it Lrl� l�J.CI ICI QI lCi I I IJ AI IU CGi iuiuvi ia aVdiiauie di: httqs://www.epa.qov/qrants/epa-qeneral-terms-and-conditions-effective-october-1-2019-or-later These terms and conditions are binding for disbursements and are in addition to or modify the assurances and certifications made as a part of the award and the terms, conditions, or restrictions cited throughout the award. The EPA repository for the general terms and conditions by year can be found at: https://www.epa.qov/qrants/qrant-terms-and-conditions. �/'Oqi"c�l')"ilYla�1C G'OI1Cl�l�l0115 All Programmatic Conditions Remain the Same. ***** END OF DOCUMENT ***** EPA General Terms and Conditions Effective October 1, 2019 1. Introduction (a) The recipient and ai�y sub-recipient must comply ��ith the applicable FPA general terms and conditions outli��ed below. These terir�s and conditions are in addition to the asstu�ances and certiticatioi�s made as part of tl�e award and terms, conditions or restrictions reflected oi� the official assist�ance a��ard docl�ment. Recipients must revie��their ofticial a�vard docw�ient for addit�io��al administrative and progranu»atic requirements. Failure to coi»ply 4vith tl�e ��eneral terms and conditions outlined below and those directly reflected on the official assistance aw�ard clocument may result in enforcement actions as outlined in 2 CFR 200.338 and 200.339. (b) If the F,PA General Terms and Conditions have been revised. LPA will update the terms and conditions wl�en it provides additional funding(i��cremental or su�plemental) prior to the end of the }�eriod of performance of this agreemei�t. The recipient must comply �-vith the revised tenns and conditions after the effective date of tlie EPA action that leads to the revision. Revised ten��s and co��ditions do not apply to the recipient's expenditur�s of EPA f�u�ds or activities the recipient carries out prior to the effective date of the EPA action. EPA ��ill inform the recipiei�t of r�vised terms and conditions in the action aclding additional funds. 2. Uniform Administrative Requi►-ements, Cost Principles and Audit Requirements for Federal Awards This award is subject to the requiremei�ts of the Unifonn Administrative Req��irements,Cost Principles ai�d A��dit Requiremei�ts for Federal Awards; "]�itle 2 C�R. Parts?00 and 1500. 2 CFR I SOO.I,Adoption of 2 CFR 200, states�nviroi�mental Protectioi� Agency adopls the Office of Management ai�d Budget(OMB)guidance Ui�iform Administrative Requiremei�ts,Cost Principles, ancl Audit Requirements for Federa)Awards 2o Noi�- Federal F,ntities(subparts A througl� F of 2 CFR ?00). as supplemcnted b�� 2 CFR Part 1500,as the Environmental Pcotection Agency(EPn) policies and procedtu�es for ii��ancial assistance administration.2 CFR Part 1500 satisfies the requirements of 2 CFR 200.I 10(a)ai�d gives regulatory efifect t�o the OMB guidance as supplemented by 2 CFR Part 1500. This award is also subject to a�plicable require��ents contaii�ed in EPA programinatic regulations located in 40 CFR Chapter 1 Subchapter E3. 2.1. Gffective Date and Incremental o►•Sup��lemental Fundin�.Consistent with the OMB Trequent�ly Asl<ed Questions at l�ttps:�'%cl�o.<�ov'cofar on E'ffective Date ai�d ]ncremental Funding,ai�y new funding through ai�amendment(supplemenlal or incremental)on or after Dec�mber 26,2014, and any ui�obligatecl balances(defined at 200.9�)rem��inin��n the a�-vard �t the time of the ai��endmei�t,will be subject to the requirements of the Unifonn Administrative Requirements,Cost Prii�ciples and Audit 12equirements(2 CFR 200 and I�00). Financiai Inforination 3. Rei►nbu�-sement Limitation EPA's finai�cial obligations to the reci�ient are limited by the amount offederal funding a�-varded to date as reflected on the award document If the recipient incurs costs in anticipati��n of recciving additional funds from EPA. it does so at its own risk. See 2 CFR 1�00.8 4. Automated Standard Application Payments (ASAP) and Proper Pa��ment D►•a�o� Down Tlect�•onic Payments. Recipients must be enrolled or enroll in the nutoi»ated Stai�dard Application for Payments (ASAP) system to receive �ayments und�r EPn iinancial assis�ance agreei��ents unless: Page 1 of 25 � EPA grants a recipicnt s�ecitic exception or the assistance program has receivecl a �.vaiver fi-om this requirement:. � • "l�he recipient is e�empt fl-om this requirement �inder 3 I CF1Z 205.=1; or, � � "l�he recipient is a fello��vship recipient pu�suar�t To<I�,_CI_.:IZ__1'��_ri.._�6.,_. �� EPA �a�ill not mal:e payments to recipients until the ASAP enrollment req�iirei��ent is met� unless the recipients tall undcr one of the above cate.gories. Recipients may request exceptions using the �rocedtu�es belo�� but only EPA pro��rains mav obtain waivers. "��o enroll in AS�P. complete the ASAP Initiate Enrollment form located at: hlt��.�; l�� cp�.��>� (in<inc i �/Ioi n�s antl email it to LVFC-��i�u�t,'ri.eqa.��o�,:or mail it to: � USEPA I_V}`C 4220 S. Marvland Pl:wy Blcig. C, Suite 503 Las Ve�,as. NV 891 19 � Under this payment mechanism. the reci�ient initiates an electronie payment request online via ASAP, which is approved or rejected based on the amount of available funds authorized by EAA in the recipient's ASAP account. npproved payments are credited to the accol�nt at the financial instit�ition ofthe recipient organization set up by the recipient during the ASAP enrollment process. Additional inforir�ation concerning ASAP and eru-olli��ent can � be obtained by contacting the EPA Las Vegas Finance Center(LVFC), at 702-7)8-2485, or by visiting: I�tt�»_:�� fi��al ti�a��i�� iasa�. � EPA «�ill �rant exceptions to The ASAP enrollment requirement only in situations in which the recipient demonstrates to EPA that receiving payment via ASAP places an undue administrative or tinancial manabement bw�den oi� the recipient or EPA determines tl�at granting the waiver is in th� public interest. Recipients may � req�iest an e.aception to the requir�ement by following the procedures specified in RnIN..-2_0.1_�-Gi1G_. Pr•ope►• Payment D►•a�vdown (i�or recipients other than states) a. ns r�quired by '? C1=1Z ?00_;��7 �b), the recipient must draw funds fi•om ASAP only for the minimum amounts needecl fo�•act�ia) anci immediatc casl� requirements to pay employees, contractors, sl�brecipients or to satisPy other obli��ations for allo�vable costs uncler t{��is assistance agreement. The timing and amounts of the drawclowns must � bc as close as adminish�atively feasible to actual disbui•sements of EPA funds. Disbursement��it�hin 5 business days of�dra«do��vn ��vill comply �vith this requirement and the recipient agi•ees to meet this standarcl �vhen " performing this a�vard. b. Recipients may not retain m��re th�n 5% of the amount drawn down, or$I,000 whichever is less. � business da�s aFter dra�-vdo�vn to materially comply with the standard. Any EPA �f��mds subject to this para�raph that remain undisbursed af�ter� business da�s must be fully disbursed within 15 business da��s of dra4v down or be retin-ned to �t�n. � ' c. If the recipient dra�vs do��n I PA f�inds in e�cess of that allowed by paragraph b.,the recipient m�ist contact 1 \�f�C � i�u��,�;��E��i,�.��_�_for instructions on whether to return th� funcls to EPA. Recipients il�ust con��ply with the � i�quii�ements lt ' C'_F1� ui).�t� _,�(�;��ii�c�_�9��-egarding depositing advances of Federal funds in interest bearing accounts. � d. Information on ho�� to rep�iy EPA via checi< is available at l�_tt�� '��_�� t�� oti��tin �i;� ial mal:epa��z�ci�t. Instr��ctions on how to return funds to EPA electi-onic�illy via ASAP a�-e ��vailable at https:/�'��n-v��-,fiscal.trcasur�� «o�. asa��- Page 2 of 25 e. Failure on Che part oi'the reci��ient to materially comply with this coi�dition may, in addition to EPA recovery of the un-disb�u�sed portioi�s of the dra��n clo�vn funds, lead to changing the paymei�t method from advance payment� to a reimbursable basis. EPA may also tal:e other remedies for noncoi��pliance under?_C.}�IZ �00_2O�i and/or 20O.338. f. If thc recipici�t believes that there are e�traordin�r�� circumstances that prevent it from complyin�with the 5- business day disbursemcnt require��ei�t throughout the perfonnance period of this ag��eemei�t, recipients may request an exception to the requirei��ent by follo��in«the procedures specified in R.AIN_?01 S-G(�6. EPA ��ill grant exceptions to the 5-business da�� disbursei��ent rcquireinent only if the recipient demonsh�ates that compliance places an undue administrative or financial manag�ment burden or EPA deTer�nines that granting the exception is in the public interest. Selected Items of Cost 5. Consultant Cap EPA participation ii1 the salary rate(excl��ding overhead) paid to i��divid�ial consulta��ts retained by recipient�s or by a recipiei�t's contractors or subcontractors shall be limited to the maxii7�um daily rate for a Level IV of the Executive Schedul�; available at: I�tt�as::!�a-��v.opm.��ovipolicv-data-oversi�ht/pay-leave/salaries-wages,', to be adjusted annually. This limit applies to consultation seivices of designated individuals wi1�h specialized s]<ills who are paid at a daily or hourly rate. "I�his rate does not include transportation and subsistence costs for travel perfoi�med (the recipient �vill pay these in accorclance ��,�ith their i�ormal travel reimbursement practices). Subagreeil�ents with firms for services which are a��ardecl using the procurement requirements i» Subpart D of 2 CFR 200 are not atfected by this limitation unless the terms of tl�e contract provide the recipient with responsibility for�the selection. direction and control ofthe i��dividuais who will be providing selvices i�nder the contract at an hourly or daily rate of'compensation. See 2 CFR 1500.9. 6. Gstablishing and Managing Suba��ards If the recipient chooses to pass funds from this assista»ce agreement to other entities,the recipient must comply with applicable provisions of 2 CFR Part 200 and the EPA Subawar•d Poliey,which may be found at: htt��_,__icp�i.�ov"��rants'��j suh��arci ��olic�', As a pass-through entity,the recipient agrees to: 6.1. Be responsible for selecting subrecipients and as appropriate conducting subaward com}�et�it�ions using a system for properl�� ditferentiating bet��een subrecipients and procurement contractors under the sCandarcls at 2CFR 200.330 and EPA's supplemcntal �uidance in Appendix A of the EPA Suba�vard Policy. a. For-profit organizations and individual consultants. in almost all cases, are not eligible subrecipients under EPA financial assistance pro;��rams and the pas�-through entity must obtain prior written a}�proval from EPA's A��ard Ofticial for suba�vards to these en�ities unless the EPA-approved budget and worl< plan for this agreement contain a precise description ot such subawards. b. Stipends ai�d travel assistance for train�es(includin:� interns) and similar individuals who are not are not employees oi�the pass-through entitv mlist be classificd as participant s�ipport costs�ather than subawards as required by 2 CFR 200.75 and 2 CFR 200.92. 6.2. Est�blish and follow a s��stem that ensures all subaward agreements are in writing and contaii� all of the ele�nents r�equired by 2 CF R 200.331(a). EPA has cleveloped a template for subaward a�reements that is available in Appendix D ofthe GPA Suba��ard Poli�.y. Page 3 of 25 � 6.3. Prior to making subawards, ens��re tl�at e��ch s�ibrecipient has a`'unique entity identifier.''This � ic(entitier is req�iired for registering in t�he System for Award Mana�ement (S�11v1) ancl by 2 C1=R Part 25 �nd 2 CFR 200.331(a)(]).The unique entity identitier currently is The subrecipiei�t's Data Universal N��mbering System (DUNS) number. ]n�formation regardin��obtaining a DUNS number and � registering in SAM is available in the General Condition of the pass-throu«h entity's a��reement��ith LPA entitled "Central Contractor Registration/Syste►n for Awa►•d Manage►nent ancl Universal Identitier Requirements"T&C of the pass-through entity's agreement ��ith the EPn. �� 6.=t. Ensure that subrecipients are aware that they are s��bject to the same requireinents as those that apply to � the pass-through e��tity's EPA award as required by 2 Cr R 200.331(a)(2).These i�equirements include. ni11Gi1�Oii1�IS: ��. "I��itle Vl of the Civil Rights Act anci other Federal statutes and regulations prohibiting discrii��ination in Federal tinancial assistance programs, as applicable. b. Reporting Subawards and Exec��tive Compensation unde�� Federal Punding Accountability and � Transparency Act(FFATA)set forth in the General Condition pass-through entity's agreement with EPA entitled"Reportisag Sieb�w�rds�nd Executive Compensation." � c. Limitations on individual consultant fees as set fiorth in 2 CPR 1500.9 and the General Condition of the pass-throligh entity's agreement with EPA entitled"Consultant Fee Cap." d. EPA's prohibition on paying management fees as set forTh in General Condition of t�he pass- through cntity's agreement with EPA entitled"Management Fees.'' � e. Tl�e Proc�u-ement Sta��da�ds in 2�FR Aart 200 inciuding those requirin�r coi��p�tition when the sLibrecipiei�t acquires goocis and services from contractors(including consultants). EPA provides general infor�nation on other statutes, regulations and Exccutive Orders on the Grants internet site at�v�.��w.epa.gov/grants. Many Federal requirements are agreement or program spcci�fic and EPA encourages pass-through entities to review the terms of their assistance agreement carefully and consult �vith tl�eir EPA Project Officer for advice if necessary. 6.5. Establish and follow a system for eval�iating sl�brecipient risks o'f noncom�liance with Federal statutes. regulations and tl�e ter�ns and conditions of tl�e subaward as required by 2 CFR 200.33 I(b) and document the evaluation. Rislc factors may include: a. Prior e�}�erience with same or�similar subawards; b. Result� of previous audits; � c. Whether new o��substantially changed personnel or systems, ancl; d. Lztent and results o'f Fecleral awarding agency or t�he pass-through entit}�'s monitoring. 6.6. Establish and Follow a process for deciding�,vhether to impose additional requiremei�ts on subrecipients based on risl< �factors as reqtiiired by 2 CFR 200.331(c). Examples of�dditional eequirements authorized by ? CFR ?00.207 incl��de: a. Requii�ing payments as rei�nbu�sements rather d�an advance payments; b. W ithholding authority to proceed to the next phase unti I receipt of evidence of acceptable � perFormance within a given period of perfor�mance; � � c. ��ec�uiruib auuiiiunai, more cieiaiied fu�anci�ti reports; d. Requirii�g additional project monitoring; � e. Requiring th� non-Federal entity to obtain technical or management assist�ancc, and t: Establishing adclitional prior approvals. 6.7. l;st�blish and follow a system for i��onitoring subrecipient performance that includes the elements required by Page 4 of 25 ? CFR 200.33 I(ci)and report tl�e results of tl�e monitorii�«in perfori��ance reports as provided in the reporting terms and conditions of this a�reement. 6.8. Lstablish and maintain an accounting system which ens�n�es compliance with the$25,000 limitation at 2 CFR 200.68 oi� ii�cluding suba��ard costs in Modified Total Direct Cost for the purposes of distributin�indirect costs. 6.9. Worl: �-vitli EPA's Project Ofticer to obtain the writt�en consent of FPA's Office of l��ternational and Tribal Aftairs(OITA), prior to a�-varcling a subaward to a foreign or inten�ational or�anization, or a suba�-vard to be performed ii� a forei�n cow�t�y even if that subaward is described in a proposed scope of�-vorl:. 6.10. Obtaii� �-vrittei�a}�proval from EPn's Award Official for any subawards that are not described in the approved ��orl: plan in accordance with 2 CFR Part 200.308. 6.l l. Obtain the�-vritten approval of EPA's Award Official prior to awarding a subaward to an ii�dividual ifi the F,PA-approved scope of worl: does not include a description of subawards to individuals. 6.12. Establish and follow��ritten proced�n�es under 2 C�R 200.302(b)(7)for determinii�g that subaward costs are allo��-able in accordance wit�h 2 CFR Part 200, Subpart E and the terms and coi�ditions of this a��arcl. These procedures ma;� provide for allowability determinations o�� a pre-award basis,through ongoin��, monitoring of costs tl�at s�ibrecipients incur, or a combination of both approaches provided the pass- through ei�tity docui��ents its determinatio��s. 6.13. Establish ai�d maintain a system uncler 2 CFR 200.331(d)(3)and 2 CFR 200.521(c)for issuing management decisions for auclits of subrecipients that relate to Feder�al awards. However, the recipie��t rei��zins accountable to GPA for ensuring that unallowable subaward costs initially paid by EPA are reimbursed or mitigatecl throii�h oft�set with allowable costs whether the recipient recovers t�hose costs fi-oi��the subrecipient or��ot. 6.14. As provided ii� 2 CFR 200.332, pa�s-through entit'ies must obtain EPA appf�oval to malce fixed amount suba�-vards. EI'A is restricting the use aFfixed amount subawards to a limited numbe��of siCuations that are authorized in ofiicial EPA pilot projects. Recipients should co»sl�lt with their GPn Project Ot'ficer regardinr�the status ofthese pilot projects. By�cceptin<7 this a�-vard,the recipient is certitying that it either has systei��s in place to comply ��ith the requirements described in Items . _ . labove or will refi�ain fi�o�� making suba�vards until the s��stems are desi��ned �nd implemented. 7. Management Fees � Mana<7emcnt fees or similar charges in e�cess of the direct costs and approved indirect rates are not allo��vable. 1'�he term "m�na17e��ient fees or similar charg�s" refers to expenses added t�o the direct costs in order to accumulate and reserve funds for on��oin,� business expenses; unforeseen liabilities; or for other simil�r costs �,vhich are not allo��able undcr this assist<ance agreement. Management fees or similar charges may not be �ised to improve or expand the pr�ject funded under this agreement, except to the extent authorized as a direct cost of carrying out the scope of��orl:. 8. Federal Employec Costs Tl�e recipie��t unclerstancls that none oi�the funds for this project(including funds co��tributed by the recipient as cost sharin�) ma,� be used to pay for the travel of Federal ei��ployees or for other�costs associated ��itli Federal participation in this pr�ject unless a I=ed�ral agency ��ill bc provicling seivices to the recipient as authorized by a 1=�ederal st�tute. Page 5 of 25 9. I�oreibn Travel GPA ��olicy ►•equii•es that all foreign travcl must be ap��ro��ed by its Officc of Intern��tional and Tribal Atfair•s. The recipient agrees to obtai�� prior EPn approval before usin��r funds available under this agreement for international tr�vel unless the trip(s) are already described in the EPA approved bud�et for this a�reement Foreign travel includes tri;�s To Mexico �nd Canacia but does not include trips to Puerto Rico, the U.S. Territories or possessions. Recipients That request post-award approval to travel frequently to Mexico and Canada by motor vehicle (e.g. for sampling or meetings) may describe their proposed travel in general terms in t�heir request for EPl-� approval. Requests for prior approval must be submitted to the ProjecC Officer for this agreement. 10. The Fly America Act and Foreign Travel � -r��,� ,.�,.;.,�.,.,,.,,�,..,....� �,. ��.,.� ��, �_.. • � � �� .,.,,j��c.u� �u,uZ��iauu� uin� au iviEi�ii i��tvei �iil►7Cie�i llTl(Il'Y `II11S �SSIS[ailCe�bl'e�01011i Il1USt C011lply WIY11 Tlle � Fly America Act. All teavel must be on U.S. air carriers certi�f�ied under�I9 U.S.C. Scction 401 I 8. To the extent that seivice by such carriers is availablc even if foreign air carrier costs are less than the American air earrier. � Reporting and Adclitional Post-Award Requirements 1 l. Cent►-ai Conto•actoe- I2egistration/5yste»>for Avvard Nlanagen�ient��nd Universal Identi�er Requirements l l.l. IZequirement for System f'gr fl��arci Managcment �;�� U»lcss exemE�ted fi�om this requirement u��der 2 CFR 25.1 10, the recipient must maintain the currency of the organi�ation's �� information in SAM �mtil the submittal of the�tinal tinancial report req�iired under this a��ard or receipt of the final payment,whichever is later. �I�his requires that the recipient reviews and ��pdates the � information at least annually after the initial registration, and more frequently if required by changes in the information or another award term. 11.2. IZequirement for Data Universal 1Vumberin; System (DUNS) numbers. ]fthe recipient is authorized to make s�ibawards under t�his�ward, the recipient: a. Must notify potential subrecipients that no entitv (detinition paragraph 12.3 of this award term) �. may receive a subaward unless the entity has provided its DUNS number. � b. May not make a subaward to an entity unless the entity has provided its DUNS numbe��. 11.3. Detinitions. For the pwposes of this awarcl t�rm: a. System Yor Award Management(SAM) means the Federal repositoiy into which an entity � must provide in�Cormation requirecl for the conduct of business as a recipient. Additional infiormation about registr�tion procedures may be found at the System for Award Management (SAM) Internet site I�ttps:i ��v,;�im ��o� � \V'I . _. ..__.._ _..._._ b. Data Universal Numbei�ing System (DUNS) ninnber• means the nine-digit number established and assigneci by Dun and Bradstrcet_ Inc. (D&f3) to �miquely identify business � entities. A DUNS ��umber mav be obtained from D&F3 b�� telephone(currently 866-705- 571 1)orthe Internet(currently at I�tt.1�.;.:' f«I�y��.�'i�i;,.�i�i.ri'��.�1}fprrn ). c. �ntity, as it is �ised in this awarcl term, means all of the follo�-vin<r. as defined at 2 CFR part 25, subpart C: 11.3.c.1. A Governm�i�tal organization, �-vhieh is a St�te. local govern�r�ent, or Indian tribe; � 11.3.c.2. A foreign public entity; � 1 1.3.c.3. A domestic or foreign nonprofit or�anization; 11.3.e.4. A domestic or foreign for-protit o�ganization;and 11.3.c.5. A Fecleral agency, but only as a subrecipient �incler an a��ard or suba�vard to a non- Fecleral entiry. d. Suba�vard: Page 6 of 25 1 1.3.d.1. This term means a legal instrui��e��t to provide su}�port fo��the performance of anv portio�� of the substantive project or program for which the recipient reccived this a��ard ancl that the recipient awards to an eligible subrecipient. 11.3.d.2. The tcrm does not include procurement of property anci services neecied to carry out the E�roject or prograi��(for further eaplanation,s�e 2 CFR 200 Subpart D'). l 1.3.d.3. A subaward may be provided through ai�y legal agreemenY, including an agreement that the recipient considers a cont�ract � e. Subrecipient means an entity that: 11.3.e.I. Receives a subaward from the recipient under this a�-vard; and 11.3.e.2. Is accountable to the recipient for the use of the Federal funds provided bv the suba�-vard. 12. Reporting Subawards and E�ecutive Compensation 12.1. Repo��ting of firsf-tier suba�vards. a. Ap��licability. Ui�less the recipient is exempt as provided in paragraph 12.4. of this a��vard term, the rec�ipient i��ust report each action that obligates$25,000 or i��ore in Federal funds that does not include Recove�y funds(as defined in section 1512(a)(2)of the Amei�icai� Recovery ancl Reinvestment Act of 2009, Pub. L. I 1 1-5)for a subaward to an entit�y(see detinitions in paragraph 12.5 of this award teri��). b. Where and when to report. (1)The recipient must report each obligati��g action described in paragraph ]2.l.a of this award term to www.fsrs.�ov. (2) For suba�vard informatioi�, report no late�� than the end oftl�e month followii�gthe month in which the obligation �-vas made. (For exai��ple, if the obligaCion was macie on any date cluring the month of November of a given year, the obligation ml�st be reported by no later than December 31 of that year.) c. What to report.The reci}�ient must cepoi-�the information about each obligating action as described in the submission instcuctions available at: htt�://��.fsrs.�ov. 12.2. Reporting Total Compensation of Recipient Txecutives. a. Applieability and what to report.The recipient must report total compei�sation for each of their fve most highly compensated executives for the preceding completed fiscal year, if: 12.2.a.1. the totai Federal fimding authorized to date under t�his award is �?5.000 or more; 12.2.a.2. ii� the preceding fiscal year,the recipient received:(i.) 80 percent or more ot'their annual gross revenues from Federal procurement contracts(and subcontracts) ancl 1�=ederal tinancial assistanee subject to the Transparency Act, as defiined at 2 CFR 170.320(and suba��ards); (ii.) and $25,000,000 or�nore ii�a��n��al gross revenues 1l�oi�� Federal procurei��ent contracts(a��d subcontracts)and Federal financial assistai�ce subject to the T�an�parency Act, as defii�ed at� 2 CFR 170.320(and subawards):ancl 12.2.a.3. �l�he public cloes i�ot have access to information about the coi��pensation of the execiitives through periodic reports filecl under section 13(a) or 15(d) of the Securities F.zchange net of I 934(15 U.S.C. 78i��(a),78o(d)) or section 6104 of th� lnternal Revenue Code of 1986. ('To determine if the pt�blic has access to the compensation information.see the t'.S. Security and Exchange Coi��mission total coi��pei�sat�ion tilings at: I�tt�_��.sec.�ov/ans��ers/execomp.hti��.) b. Where and when to report.The recipient i��ust report exccutive total compensation described in paragraph 1?.�.a of t�his award term: (i.) As part of 11�e registration Cenh�al System tor A��ard Managemei�t profile available at htt��. 'sam.<ror,'SAM� (ii.) By the end of the month follo��in�� the month in wliich t�his award is made,and annually thereafter. 12.3. Reporting of Total Compensation of Subrecipient�xecutives. a. Applieability and ��hat to report. U��less exei��pt as provided in paragraph 12.4. of this a�vard term_1or e��ch f7rs1-tier subrecipie��t under this award,the recipient shall report the names�nd total com��ensatio�� of each of the subrecipient's five ��ost highly comp�nsatcci executives for the subrecipient's preceding compleTed fiscal year, ii�: Page 7 of 25 � 12.3.a.1. in the subrecipient's �reccding fiscal vear.the subrecipient receivecL (i.) 80 percenC or more of its annual ��ross revenues from }-ederal procurement contracts(and subcontracts) and Feder�ll tinancial assistance subject to the Transparency Act, as detined at 2 CFR 170.320(and � s��ba��arcls); and (ii.)�2�,000,000 or more in annual gross revenues from Federal procln�ement contracts(and subcontraets), and Federal tinancial assistance subject to the Trai�sparency Act �� (and suba�vards); �lnd 12.3.a.2. The public does not have access to information about the compensation of the executives � throiigh periodic reports filed under section 13(a)or 15(d) ofthe Securities Exchange Act of 1934 (15 U.S.C. 78m(a). 7�o(cl)) or section 61 O�k of the li�ternal Reven��e Code of I 986. (To deteri��ine if the public has access to the com�ensation information,see the U.S. Sectu�ity and Exchange Commission total compensation filin��s at: iiiij�:i�\%v�-�%\V.��c.�VVi�111J\i-t l'Sil'\1;C0171�).illlll.) � b. Whe�•e and when to report.The recipient must report subrecipient executive total compensation described in paragrapl� 12.3.a. of this a��ard term: 12.3.b.1. To the recipient. 12.3.b.2. By the end of the month �follo�ving the month during��hich the i�ecipient mal<�s tl�e � s�ibaward. For example. if a subaward is obligated on any date during t�he month of Oct�ober of a givei�year(i.e., bet��veei� October 1 and 31). the recipient must report any req�iired � compensation information of the subrecipient by November 30 of that year. - 12.4. Exemptions � a. If, in the previous tax ye�r, the recipient had gross incoine, fi�om all so�n�ces, undel�$300,000,the recipient is exempt�fi-om the��requi��ements to report: 12.4.a.1. subawards, and t�he total compcnsation oFthe five most higl�ly compensated execuCives of ai�y subr�cipient. 12.5. De#initions. For pui-pos�s of this awaid term: � a. Gntity ineans all of the following, as detined in 2 CFR Part 25: (i.)A Govei�n�nental organization, which is a State, local government, or Indian tribe; (ii.)A foreign publie entity; (iii.)A domestic or foreign nonprofit o�ganization;(iv.)n domestic or foreign for-profit organization; (v.)A �eder�l agency, but oi�ly as a subrecipient �indee an award or subawarcl to a non-Federal entity. b. Gxecutive means ofticers, manabing�artners, o��any otl�er em�loyees in manage�nent positioi�s. c. Subaward: 12.S.c.l. This term means a legal instrument to provide support for thc performance of any portion of the substantive project or program for��hich vo�i received this award and that t�he recipient award to an eligible subrecipient. 12.S.c.2. The term does noC incl�ide procurement of property �nc1 seivices needed to car�y out the projeet or program (for fw-ther explanation, see 2 CFR 200 Subpart D). � 12.S.c.3. A suba�-vard may Eie provided through any legal agreement, including an agreement that the recipient or a s�ibrecipient considers a cont��act. d. Subrecipient means an entity that: 12.5.ci.l. Receives � suba�vard from the recipient ��nder this awarcl; and 12.5.d.2. Is acco�intable to the recipient for the use of the Federal i��mds provided by the subaward. e. Total compensation means the cash and noncash ciollar value earned by the executive dw�ing the recipient's or subrecipient's preceding fiscal year and includes the following(for more inform�ttion see 17 CFR 229.402(c)(2)): � 12.5.e.1. Salary and bonus. i2.�.e.2. r"�wa��iis ui sioci:; siuci< opiions anci stoei:ap}�reeiation rights. Use the cioilar�u»ount recognized �For financial statement reporting puiposes with respect to the fiscal year in accordance with the Statement of Financial Accounting Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments. 12.S.e.3. Earnings fior services under non-equiry incentive plans. 7��his does not include group life, health, hospitalization or medical reimbursement plans that cio not discrimi��ate in Page 8 of 25 favot-of execiitives. and are available generally to all salari�d employees. 12.S.e.4. Change in pensioi� valiie. This is the change in �resei�t value of detined bei�efit and actuarial pension plans. 12.S.e.S. Above-marl:et earnings on deferrcd compensation wl�ich is not taz-qualiiied. 12.S.e.6. Other compensation, if the aggregate value of all stich other compensatioi� (e.g. severance,ter�nination payments, value of life insuranc�paid on behalf oftl�e em�loyee, perc�uisites or properry)for the executive e�ceeds$I 0.000. ]3. Recipient Integrity and Performance Matters- Itepo►�ting of Matters Related to Recipient lntegrity and Perf'ormance 13.1. General Report�ing Requirement If the total value of your currently active grants,cooperative agreements, ai�d procurement contracts from all Teder�l awarding agencies exceeds$]0,000,000 for any periocl of tii��e during the period of perfori��ance of this 1=ederal award,then you as the recipient during that period of time must maintain t)�e currency of irrFormation reported to the System for Awarcl Management(SAM)that is macle available i�� the desigi�ated integrity and performance system (currently the Federal Awardee Performancc and Integrity l��fori��atioi� System (FAPIIS))about civil, criminal, or administrative proceedings described in paragraph 2 ofthis award ter�r� and condition.This is a statutory requirement undcr section 872 of Public La�� 1 10-417, as amended(41 U.S.C. 2313). As required by section 3010 of Public La��v l 1 1-212, all ii�foi�mation posted ii�the designated ii�tegrit'y and performance system on or aiter April 15, 201 l, except past perforn�ance reviews required for Federal proc�n�ement contracts, ��vill be publicly available. 13.2. Proceedings About Which You Must Report S�ibmit the infor�mation requit•ed about each proceeding that: a. Is in coi�nection with the award or performance of a grant, cooperative agreement, or procurement contract from the Fede�al Govern��ent; b. Reaclied its final disposition during the most recent five-vear period; and c. Is one of the following: 13.2.e.1. A criminal proceeding that resulted in a co��viction, as deiii�ed in paragraph 5 of this award term and condition; 13.2.c.2. A civil pcoceeding that resulted in a fi��dinb oi�fault and liability and payment of a �nonetary fine, penalty,reiinbursci��ent�, restitution. or dama��es of$5,000 or more; 13.2.c.3. An adininistrative proceeding, as defined ii� paragraph 5. of this a��ard term ancl condition,that resulted in a finding of fault and liability and yo�u�payment of either a mo��etaty ��ne or penalt'y of$5,000 or more or reimbursement. restitution. or damages in excess of$I 00,000; or 13.2.c.4. Any other criminal,civil, or administrative proceedii�g if: 13.2.c.4.1. It could have led to an outcome described in paragraph 13.2.c.1, 13.2.c2, or 132.c3ofthis award term and condition; 13.2.c.4.2. It l�ad a different disposition arrived at by coi�scnt or compromise ��ith an acl<nowleclgment of fault on your part; and 13.2.c.4.3. The requirement in this award term and condition tu disclosc i��forination about the proceeding does not contlict ��ith applicable la��s and reglilations. 13.3. Reportinb Procedures Enter in the SAM Entity Management area the information that SAM rei�uires about each proceeding described in para��raph 2 of t�his award teri��and conditioi�. You do not need to submit the inform�tion a seconcl time under ��ssistance awards that you received if you already provided the information through SAM because vou were required to do so ui�der Federal proc�n�ement contracts that you werc a��arded. 13.4. Repo►•ting Frequency Durin��,�ny period of time when you are subject to the requiremei�t in paragraph 13.1 of this a��ard term ai�d � coi�diti�,n. you must report proceedi��gs ii�formation throu�h SAM for the most recent tive year�eriod, either to report n�� information about any proceeding(s) that you have not reported p��eviously or aftirm that there is i�o ne�� ini��nnat�ion to report. Recipicnts that hav� Federal coi�tract grant, and cooperative ag�•eement awards��ith Page 9 of 25 a cumulative total value greater than �J 0.000.000 must disclose semiannually any information aboul ihe � crii��inal, civiL and administrative proceedings. 13.5. Definitions For purposes of this a�-��ard term and condition: �� a. AclminisU�ative proceedin�means a noi�-judieial process tl�at is adjudicatoiy in nature in ordei� to mal:e a determination of f�lult or liabilit}�(e.g., Securities and Exch�nge Commission AdminisCraTive proceedii�gs. Civilian F3oard of Contract Appeals proceedings, and Armed Services � Board of Contract Appeals proceedings). This includes proceedings at the Fede�al and SCate level but only in connection tivith peri�ormance of a Federal contract or�rant. ]t does not include auclits. site visits,corrective plans, or inspection of dEliverables. b. Conviction.for puiposes ofthis awarcl term ai�d conclition, means a jl�dgment or conviction of � a c�ii�iiiiz�l oi iei-�se by ariy cuur� oi compeient jurisdiction, �vi�eti�er entereci upon a verclict or a plea, � and includes a conviction entered u�on a plea ofnolo contendere. -� c. "I�otal value of eurrently active«rants, cooperative agreemei�ts; and procurement conU�acts includEs- 13.S.c.1. Only the Tederal share of the fwiding under any Federal award with a recipient � cost share or match: ancl � 13.S.c.2. The value of all expected funding increments under a Fecleral a��ard and options. even if not yet e�ercised. 14. Federal Financial Reporting(FFR) Pui�suant t�o 2 CFR 200.327 ancl 200.343. �.PA r-eci�ients ii�ust stibn�it the l,ecleral Financial Re�ort(SF-�125)� �� at leasC annually�nc1 no more freq�iently than quarCerly. EP�1°s standarcl reporting frequeney is annual unless � an EPA Region has incl��deci an additional term �nd condition speeifying greater reporting fi�ec�uency within this a��ard ciocument. EPA reci�ients must submit the SF-425 no later than 30 days after the end of each specified re�orting period for quarterly�nd semi-annual reports, and 90 calendar days for ai�nllal ancl tinal reports. E�tension of reporting due dates may be approved by EPA upon req�lest of the recipient. The T1=R form is available on the internet at: I�lt��s i��_r��v,epa•��ov;�iinanciaUfor�l�s All FFRs must be submitted to the Las Vegas Tinance Center (LVFC) via email LVFC-�r�ints�cpa.�ov or mail it to: USEPA LVFC 4220 S. Ma�yland Pl:�ry Bldg. C. Suite 503 Las Vegas, NV 891 19 The LVFC will mal<e adjustm�;nts, as necessary,to obligated funds af�ter reviewing and accepting a final Fecieral Financial Report Recipients will be notified ancl instructed by EPf� if they m��st complete any additional forms for th�closeout of the assistance agreement. 15. Indirect Cost Rate A�recments �I�his term and condition implements EPA's lndireci Cos� Polic�� for Recipients of I-;Nn Assist��n<c -�<zr�cmeni� (IDC Policy)and applies to all EPA assistance agreements unless there a�e �i�ltutorv or re��ulatoi�_limit� �>n II)C�. In order for the assistance �greement recipient t�o use EPA funding for indirect costs, the IDC category of the recipient's assistance a��reement a�vard buclget must include an amount for IDCs and at least�ne of the follo��in�� must apply: � • With the exception of"e�empt"agencies and Instit�itions of Higher Education as noted below, all recipienis n��ust i�ave one �'r ti�e roiiowing cw•rent (not expiretlj IDC rates, inclucling II�C rates that have been extended by the cognizant agency: • Provisional: • Final; • Fixed rate �vith carry-for�,��ard; Page 10 of 25 • Predetermined: • 10%de»�i��in�rs• rate authorizecl by 2 CFR 200.414(f) • EPA-approved use of one of the following on an e�ce�tion basis for LPA agreei��ents: o ]0%de�i�inin�is as cietailed in section 6.3 of the IDC Policv; or o Expired fixed rate with carrv-for��ard as detailed in section 6.4.a. ofthe IDC Policy. • "Exei��pt' state or local governi��ei�tal departments or agencies are agencies that receive up to and inclucling$35,000,000 in Fedcral funding per the department or a��ency's fiscal year, and musC have ai� 1DC rate proposal developed in accordai�ce �vith :'__C.I:R__'_OQ„1L�A�;�r�ci_i�.__��'il, with documentation maintained ai�d available for audit. • ]nstit�itio��s of Higher Education must use the IDC ratc in place at tlie time of award for the life of the assistance agreement(unless tl�e rate��as provisional at time of a��ard. in wl�ich case the rate will change once it becomes fii�al). As providecl bv�_C I�R I':.r� �U0.._;1��ncl.i� I I I�C,'.;t?.)_the term ``life of the assistance agree��ei�t'', means each competitive se�Yment ofthe project. Additional i��formation is available in the regulatioi�. [DCs incurred during any period of the assistance agreement that are not covered by the provisions above are not allowable costs and ml�st not be dra��m down by the recipient. Recipients may budget for IDCs pending approval ofi their IDC rate by the cognizant Federal a�ency or an exceptioi� ��rantcd by EPA under section 63 or 6.4 of the 1DC Policy. I�-Iowever, r�ecipients �r�ay i�ot draw do��n IDCs until their rate is approved, if applicable, or EPn grants an exception. IDC drawdowns must comply with the indirect rate corresponding to the period during which the costs were incurred. This term and condition does not govern indil�ect rates for subrecipients or recipient procureme��t contractors under EPA assistance agreements. Pass-through entities are required to co��ply with 2._C_f:_[�.._?00..33 I_(�),��) when establishing indirect cost rates foi-subawards. See the Indirect Cost Guida��ce lor Recipients oP L Pn �1_�si�ta��a° ��zrcen�e�its for additional i»formation. l6. Audit Requirements ln accordancc with 2 CFR 200.501(a),the recipient hereb}��grees to obtain a single audit from an independent auditor, if their�orgai�ization expends$750,000 or more i��total Tederal funds in their�fiscal year beginning on or aft�er DecembEr 26, 2014. The recipient must submit the for�� SF-SAC ancl a Single Audit Report Package within 9 moi�ths of the end of the recipient's fiscal year or 30 days after receiving the report from an indepei�dent auditor. The SF-SAC and a Sinble A��dit Report Package MUST be submitted usi��g the Fcderal Audit Clearinghouse's Intcrnet Data Gi�tr�� Syste�r� available at: https:,/,'ha�vester.census.�ov�%facidesl(S(3��auez?yufol:bc3en��vOdtel:))/account;lo��in.as�. For complete information on how to accomplish the single audit submissions. you will need to visit the Federal Audit�Clearinghouse Web site: https://harvester.census_��o��%f��c�vcb'Default.asqz. 17. Closeout Requirements Reports required foi�closeout of the assistance a��reement must be submitted in accorclance with this agreement Sub�T�ission requirements and fi-eque��tl;�asl:ed questions can also be folind at: htt��s:� ��w.e��a.��o�-`��iants,ficc�uent qiic,ti�n� al��ut ��uts _... _ _ ._w _. _ _.._.. 18. Suspension ancl Uebarment Recipient� shall fully comply with Subpart C of 2 C.F.R. Part 180 entitled, "Responsibilities of Participants Regarding Tra��sactions Doing Busii�ess With Other Persons,�� as implemented and supplemei�ted by 2 C.F.R. Part 1532. Recipient is responsible for ensuring that an�� lo��er tier covered t��ai�saction. as described in Subpart B of 2 C.F.R. P�rt 180, entii�led '`Covered "Transactions.-' ancl 2 C.F.R. S 1 j;2,220, inclucles a term or condition requiring compliai�ce with 2 C.F.R. Part 180, Sub�art C. Recipient is responsible for further requiring the inclusion of a similar term and condition in ai�y subsequent lo��ver tier covcred transactions. Recipient Page 11 of 25 acl:no��lecl��es that failing to disclose the information required uncler 2 C.F.R. § l�0.33� to the EPf� office that is � entering into the tr�nsaction �-vith the recipient m�y resulC in the delay or negation of thi; assistance a��reement, � or purs�iance of administr��tive remedies. including suspension and debarment Recipients may access the System for A�-��ard Mana��em�nt (SAM) exclusion list at htt��s:i%sam.��ol%iS!��\�ti"to determine �-vhether�n entity �� or indiviclual is presenti}� e�c!uded or disqualifiecl. 19. Representation by Coi-porations Regarding Delinquent Taa Liability or a P'elony Conviction irncicr• any Federal Law�. This a��arci is subject to the provisions contained in an appropriations act(s) which prohibits the Federal Government from ent�rii�g into a contract, memorandui�� of undcrstandin<�, or cooperative a��re�ment with. mal:e a grant to. or provide a loan or loan guarantee to any cor�oration having a clelinquent Federal t�lz liability or a felony conviction undcr am� Fecleral law, �u�less the a�ency has considered s�ispensioi� or debarment � o�i iiie corporation anci i�as macie a cietermination ti�at ti�is furti�er action is not necessary to protect tl�e interests of � the Government. A "corE�orat�ion'� is a le�al e��tiCy that is separate and distinct from the entities th�it o��vn. man�ge. or control it. ]t is organizeci ancl ii�corporated undee the jurisdictional authority of a governmental bocly. such as a State or the DistricT of Columbia. A corporation may be a for-profit or noi�-protit organization. � As required by The appropriations act(s) prohibitions,the Government will not enter into a contract, �� memora��cl�im of understancling, or cooperative agreement with, make a grant to, or provide a loan or loan � �uarantee�-vith any corporation that—(I) Has any unpaid Federal tax liability that has been assessed. for�a-hich all judicial and administrative remedies have been exhausted or have lapsecl, and that is not bein�� paid in a t�imel�� manner p�irsuant to an agreement v��ith the authocity responsible for c�ollecting the tax liabiliry. ��1�ere the awarding agency is a�vare of the ui�paid tax liability, unless an agency has considerec� s��spension or debarmei�t� of tl7c corporation and rnade a�ci�termination that suspension or debarment is not necessar�� to protect the interests of the Government; or(2) Was convicted of a felony criininal violation under any Fecieral la�� within � the preceding 24 mo��ths, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determinat�ion that this action is not necessary to protect the interests of the vovernment. By accepting this a�vard, the recipient represents that it is not a corporation that has any unpaid F'ederal taa liabiliry that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely �nani�er pursliant to an agreement with the authority responsible for collecting the tax IiabiliCy; and it is not a corporation that was convicted of a felony criminal viol�ltion �inder a Federal la�v ��-ithin the preceding 24 moi�ths. Alt�rnatively. by accepting this award, the recipient cepresents that it disclosed unpaid Fecleral tax liabiliry information anci/or I=ederal felony convict�ion information to the EPA. The Recipient may accept this �w-ard if the EPA Suspension and Debarment Official has consiciered suspension or debarment� of the corporation based on a taa liabilities and/or Federal felony convictions and determined that suspcnsion or debarment is not � necessar}� to protect the Government's interests. If the recipient fails to comply with this term and condition, EPA will ann��l this agreement and m�y recover any funcis the recipient has expendecl in violation of the appropriations act(s) p��ohibition(s). The EPA may also p�n�sue other administrative reiT�edies as outlined in 2 CFR 200.338, and may also pw�sue suspension and � debarment. � 20. Disclosing Conflict of Interests 20.1. For a��ards to IVon-federal entities and individuals(other than states and fellowship recipients under -+U i.t�i� Yart 4b). As required by 2 CFR 200.I 12, EPA h�s established a policy(COI Policy)for disclos�n�e of conflicts of interest (COI)that ma�% affect EPA financial assistance awards. EPA's COI Policv is posted at Iit(L� �._��1�� e��_�*o��' r�nts c_�r�s fi.i�.ancial-ass�st�.�nec c<,nflict intere5t p��lic�_ _ The postecl version of FPA's COI I'olicy is applicable to new fundin�(initial awards, Page 12 of 25 supplemental ai�d incremental 9�undin�7)a�varded on or ai'ter October l, 2015. "I�his COl t�erm and condition supersedes prior COl terms and coi�ditioi�s for this aw�ard basecl on either LPA's May 22, 2015 Revised Interim COl Polic�- or December 26, 2014 lnterim COI Policy. Tor competitive awards. recipients must disclose any competition relatecl COI described in section 4.0(a) of the COI Policy that are discovered aft�r a�-varci to the EPA Grants Specialist listed on the Assistance A�rcement/Amenciment ��ithin 30 calendar days of discovery of the COI. "I'he Grants Specialist ��ill respond to an��stich disclosure�vithii� 30 calendar days. EPA's COI Policy requires that recipients have systems in place t�o adclress; resolve and ciisclose to EPA COIs described in sections 4.0(b),(c) and/or(d) of t�he COI Policy Yha1 affect ai�y cont�ract or suba��arcl re��ardless oi�amount fui�decl under this a��arcl. The recipient's COI Point of Contact for the award must disclose any COI to the EPA Grants Specialist listed on the Assistance Agreement/Amei�di��ent ��ithin 30 calendar days of the discovery of the potential COI and their approach for resolving the GOI. EPA's GOI Policy requires that subrecipients have systei��s in place to address. resolve and disclose COI's described in sect�ion 4.0(b)(c) ai�d (d) of the COI Policy regardless of the ai��ount of t�he transaction. Recipients��ho are pass-through entities as definecl at 2 CFR 200.74 i��ust require that subrecipiei�ts beii��considerecl for or receiving subawards disclose CO1 t�o the pass-through entities in a man»er thaL at a minimum. is in accordance with sections 5.0(d) and 7.0(c)of EPA's COI Polic}�. Pass-throi�gl� entities must disclose the st�brecipient COI along with the approach for resolving the COI to the EPA Grants Specialist listed on tl�e Assistance Agreement/Amendment�vithin 30 calendar days of receiving notification of the COl by the subrecipiei�t. EPA only requires that recipients and subrecipients disclose COI's that are discovered under their systems for addressing and resolving CO1. lf recipients or subrecipients do not discovcr a COI,they do not need to aclvise EPA or the pass-through entity of the absence of a CO1. Upon notice fro�n the recipient of a potential COI and the approach for resolving it, the Agency will then ��al<e a deteri��i��ation regarding the effectivei�ess of these measures��itl�in 30 days of receipt� of the recipient's notice unless a longer period is��ecessaiy due t�o the co��plexity of the matter. Recipients may not request payment i'rom EPA for costs for transactions subject to the COI pending notification of EPA's determination. Fail�n-e to disclose�COI may result in cost disallowances. Disclosure of a potei�tial COI will not necessarily resulT in EPA disallo��ing costs,with the exception of procurement contracts that the A�ency determines violate 2 C[�R ?00.318(c)(1) or (2), provided the recipient notities EPA of ineasures the recipient or subrecipient has t�ken to eli�r�inate. neutralize or miti��ate the contlict of interest when mal;in��tl�e disclosure. 20.2. For awards to states includinb state universities that are state agencies or instr•umentalities As required by 2 CFR 200.I 12. EPA has establishecl a policy(COI Policy)for disclosure of conflicts of interest(COI)that may alfect LPA tinancial assistance awards. EPA's COI Policy is posted at: https://�n��-v.epa.<,?ov/grants epas-fmancial-assistance-contlict-intcrest-polic� . The posted version of EPI�'s COI Policy is ap}�licable to ne��-i'unding(initial a�-vards, supplei��ental. i��cre��ental funding) a�-varded oi� or after October 1, 2015. This COI term and condition supersedes prior COI terms and conditioi�s for this a�,vard ba�ed on either EPA's May 22; 2015 Revised Interim COI Policy or December 26, 2014 Interim COI Policy. For competitive awards. recipients i��ust clisclose any competition related COI described in section 4.0(a) Page 13 of 25 of�the COI Policy that are discovered atter a��arcl to the EPA Grai�ts Speciali�t listecl on the Assistance A��reement/Amenclment�-vithin 30 calendar days of discovery ofthe COI. Th�: Grants Specialist�vill respond to any such clisclosure within 30 calendar days. States including state ui�iversities that are state a�encies a«d instrtimentalities receivin«fundin��fi�om f.:Pn are only requircd to ciisclose subrecipient COI as a pass-through entity as defined by 2 CFR ?00.74.Any other COl are s��bject to state laws, regulations and policies. EPA's COI Polic�� rcquires that subrecipients have systems in place to address, resolve and disclose COIs ciescribed in section 4.0(b)(c) and (d) of the COI Policy that arise�fter EPA made the a�-vard regardless of the amount of the transaction. States�-vho � are p�ss-through entities as definecl at 2 CFR 200.74 must require that subrecipients being considerecl ior or receiving subawards disclose COI to the state in a m�nner that as� minimw��. in accordance�vith SeCiiGil S J.v�i�j c�ilCi i.v�C)Vi Gt�"t� S l,Vl 1'OIICy. Ji�1�eS I11UST QISCIOSe tlle SU�1'eCl��lellT l,Vl c�1011�\-VITh T17e approach for eesolving tl�e COI to the LPA Grants Specialist listed on the Assistai�c� Agreement�/nmendi��ent within 30 calendar days of receiving notification of the COI by the subrecipient. LPA only req��ires tl�at stibrecipients disclose COI's to state pass-through entities that arc discovered undet• t�heir systems for adclressing, resolving, and disclosing COI. If s�ibrecipients do not discover a CO1, they do not need to advise state pass-thro�igh entities o'Pthe absence of a COI. Upon receiving notice of a potential COI and the approach for resolving it, the Agency will m�ke a cletermination r•�garding the effectiveness ofthese measures��vithin 30 days of receipt of the state�s notice ofa subrecipient COI �inless a longer period is necessaiy due to the complexiry of the matter. States may ��not�request payment from EPA�fo��costs fo��t��ansaciions subjeci to the CO1 pending notification of EP/�'s determination. A subrecipient's failure to disclose�l CO1 to the stat�e ancl EP� may result in cost disal lowances. Cisclos�u�e of a potentiaf subrecipieni�OI wili not necessarily resuit in EP�1 disalio�-ving costs, with the exception aF procurement contracts that the Agency determines violate 2 CI'R 200.3 I 8(c)(1)or(2), provided the subreci�ie��t has tal<en measures that EPA and the state agree eliminate, neutralize or mit�igate the conflict oi�interest. 21. 'Tr��nsfer of Funds Applicable to all assistance agreements other than Continuinb Lnvironment��l Program Grants sub,ject to � a0 CFR 3�.114 anci 40 CFR 35.514�vhen the amount of the award excecds the 2 CFR 200.88 Si►nplified Acquisition Threshold. (I) ns provided at 2 CF�R ?00.308(�), recipient inust obtain prior approval from EPA's Grants Mana��ement Officei� if t�he cumulative amo��nt o'f funding tr�nsfers among direct buclget cate��ories or pro��rams. functi��ns and activities exceeds 10%ol'the total bud�et RecipienCs must� submit requests for prior apE�roval to the Gr�nt Specialist and Grai�ts Management Officer for this agreement. (?) Recipients must notifv EPA's Gi�ant Specialist and Project Ofticer of cumulative l�unding h-ansfers am��n�� direct budget categories or programs, 1'unctions and �ctiviCies that do not e�ceed 10% of�the total bud��et fi�r the a��reement. Recipients must also notifi� tl�e EPA Grant Specialist anci Project Ofhcer�vhen u�ansferring funds from direct b�iclget eategories to the indirect cost eategory or�I�rom the indii�ect cost cate�ory to the direct cost categorv. Prior approval by EPA's Grant Manage�r�ent OfFicer is required if the transEer involves any of the items listed in 2 CI�R 200.407 that EPA dic{ not previously approve at time of a��ard or in response to a pr�vious �'JUJL-UWQIU ICIIIICJI UV llll'. (CCIIJICIII. Applicable to Continuing Gnvironmental Program Grants subject to 40 CFR 35.1 1={ and �40 CFI2 3�.514. when the amount of the awarci exceeds the 2 CFR 200.88 Simplified Acquisition Threshold. Recipients of continuing environmental prograin grants subj�ct to 40 CFR 35.1 14 and 40 C�R 35.51� mu,t notify the EPA Grant Specialist and Project� Officer of funding transfers among direct biidget categories, Page 14 of 25 programs, functions and �ctivities or transfers that change ainounts btidgeted for indirect costs, but prior EPA approval is not required unless the transfer results in significant changes to worl< plan commitments. Recipients must obtain prior 4vritten approval if the transfer involves any oi�tl�e it�ems listed in 2 CFR 200.407 that EPA did not previously approve at time oi�a�vard. ii� response to a previous post-a��ard request by the recipient, or is s��bject to an EPA �-vaiver of prior approval under 40 CFR 35.1 14(d) or 40 CFR 35.514(d). Pt-ogi-ammatic General Te�-ms and Conclitions 22. Sufticient Probress EP/� will measure sufficiei�t p��ogress by examinii�g the performance required L�nder the�-vorl:plan in conjunction ��ith the milestone schedule, the ti��e remaining for performanee within the project period ai�cl/or the availability of funcls necessary to complete the project EPA may terminate tl�e assistance aaree�l�ent for failure to ensure reasonable completion of the project withi��the project period. 23. Copyrighted Material and Data Ii� accordance��ith 2 CFR 200.3 I S, EPA has the right�t�o reproduce, publish, use ancl authorize others to reproduce; publish and use copyrightecl worl:s or otl�er data developed uncler this assistai�ce agreement for Federal purposes. Examples of a Federal purpose include but are not limited to: (1) Use by EPA and other 1=ederal employees 1�or official Governi��ent p��rposes; (2) Use by Fecleral contractors performi��g speciflc tasl<s for the Government; (3) Publication in EPn documents provicied the document does not disclose trade secrets(e.�. soft�vare codesj and the worl< is E�roperly attributed lo the recipient through citation or otherwise; (4) Reproduction of documents for inclusion in F'ederal depositories; (5) Use by State,tribal and local governments that cai-rv out delegated Federal environmental programs as``co-re�ulators"or act as official partners with EPA to cariy out a national environmental program ��ithin their jurisdiction and; (6) Limited use by other grantees to carry out FEderal grants �rovided the usc is consistent with t�he tern�s of�PA's authorization to the othei�grantee to use the copyeighted �vorl<s or other data. Under Item 6, the�rantee acl:no�vled�es that GPA may authorize another grantee(s)to use the copyrighted works or other data developed under this grant as a result� of: • the selection of another granfee by EPA to perform a project that will involve the use of the copyrighted �vorl:s or other data or�; • termination or expiration of this agreemei�t. In adclition, EPA may authorize another ��rai�tec to tise copyrighted worl<s or other data developed �-vith Agenc�� funds provicled under this grant to perform another �rant when such use promoCes efficient and effective use of Federal grant funds. � 24. Patents and In��entions Rights to inventioi�s �1i�cie iinder this assistance agrcement are s��bject t�o f�ederal patent and licei�sin�� re��ulatioi�s,which are coditied at Title 37 CFR Part =�01 and Title 35 USC Sect�ions 200-212. Purs�iai�t to the F3ayh-Dole Act (set forth in 35 USC 200-212), EPA retains the right to a�.vorid��ide. nonexclusive, nontiansfierable. irrevocable, paid-up license to practice the invention ownecl by tl�e assistance agreemei�t holder, as defined in the nct. To streamline the invention reporting process and to facilitate coi��liance �.vith the I3a��h-Dole Act,the reci}�ient m��st utilize the Interagency Edison ext�ramural inventioi� reporting system at if_c.l_i_�on ��o�__. /�nnual utilization re�orts must be submitted throu�h the system. Thc recipient is required to notif� t�he Project Ofticer identified on the award docum�nt�-vhen a�� invention report. patent report, or utilization report is filed at i1;di�o;� ,<�v. EPA elects not to eeqliire the recipient to provide a report prior to the close-out of a funding agreemei�t listii�g all subject ii�ventioi�s or stating that there��cre none. Page 15 of 25 In accordance wit�h Esecutive Order 12591. as amended. government o��med and operatecl laboratories can enter into cooperative research and development agreements�4�ith other fecleral I�lboratories, state and local governments, L�niversities, and the private sector, and license,assign, or�vaive ri�rhts to intellectual property '`developed by the laboratoiy either under sueh coopet-ative research or development agreements and fi�om �-vithin individual laboratories.`" 25. Acl:no�vledgement Requirements for Non-ORD Assistance Abreements The recipient a�rees that any reports, docume��ts, publications or other materi<lls developed for public � distribution supported by this assistance agreement shall contain the follo�vin��statement: "'i�iiis N�ujeci i-�ds �een iuncieci whoiiy or in E�ari ny ti�e Unireci �tates tnvironmentai Feoteetion Ageney under assistance agreement(number)to(reci�ienC).The contents of this document do not necessarily reflect the views and policies of the Environmei�tal Protection Agency, nor does the I�PA endorse trade i�ames or recommend the use ot�commercial products mentionecl in this document." Recipients of EPA Office of Research Development(ORD) research a�-varcls must follow the acl<nowledge�r�ent requirements outlined in the research T&Cs available at: I�t��>�.:...:,_��«,i��f <<��„1�� u�I��n�ai,.��iii<�-`itc�s�:A Federal-wide worl<group is currently updating the Federal-Wicle Research"Tenns and Conditions Overlay to the Uniform AdminisCrative Requirements, Cost Principles ancl Audit Requirements for Federal Aw�u-cis and when � completecl recipients of EPA ORD research must abide by the r�search T�Cs. 26. I:lect��onic and I��fot•�,iatioii"�'echnology ficcessibiiity Recipiei�ts are s�ibject to the p��ogram acccssibiliry provisions of Section 504 of the Rehabilitation Act, codified in 40 CFIZ Part 7, which ii�cludes an obligation to provide ii�dividuals �-vith disabilities reasonable _ accommodaCions and an equal and effective opportuniry to benetit li�on�� or participate in a prograi��, incll�ding those offered through elect��onic and infonnation technology ("EIT"�). In compliance with �ection 504, EIT systems or products f�mded by this award must be designed to meet the diverse neecls of users(c.g., U.S. pllblic, recipiei�t personnel)�vithout barriers or diminished f�inction or quality. S,�stems shall include usability features or fui�ctio��s tl�at accommodate the needs of persons��ith clisabilities, ii�cludi��g those who use assistive technology. At this time,the EPA will consider a recipient�s��ebsites, interactive tools, and other EIT as being in compliance with Seetion 504 if stich technologies meet standards established under Section 508 of the Rehabilitation Aet, coclified at 36 CFR Part 1 194. While Section SOS does not apply clirectly to giant recipients, we ei�courage recipients to follow either the 508 guidelines or other coil�parablc guideline�that concern �ccessibiliry to EIT for individuals with disabilities. Recipients inay wish to consult the latest Section 508 ��uiclelines issued by the U.S. nccess Board or W3C's Web Content Accessibilit�y Guidelines(WCAG) 2.0 (see h�,��:_��_�� z�r�es�-b��aid.��>�:;uidelir�es-and- �t�in�l�i,l�_'cgmin�mi��tions-ancl itabout�._il�� ,�ctioi� ��_��t�u��l,u�i� tn�_I� t��th� ��cti��n Q�_,tindar<!s). 27. Human Subjects � Human subjects research is any activity that meets the re;��ilatorv delinitions of both research AND huinan subject. Kesecn-cl� is a systematic i��vesCigation, includin�research developmcnt.testing�n�i evalu�tion, designed to develop or contribute to generalizable l:no��-led��e. Ilr�mun.si�hj�ci means a living individual abo�it � - �-vhom an investigator(�vhether professional or student) conducting resc�rch obtains(1) d�ua through inteivention or interaction �-vith t11e individual. or(�) iclentitiable private information. [40 C'FR 26.102 (d)(��] No research involvin«hui��an subjects will be conductecl under this a«reement �a�ithout pri��r��ritten approval � ol [i�e �Pi�io proceed wiri�ti�at researci�. 1 r engageq in I�uman subjects research as part ��f this agreement, the recipient agr�es to comply with all applicable peovisions of EPA Re��ulation 40 CFR �� (Protection of }-Iuman Subjects). This includes, at Subpart A, Che E3asic Federal Policy for the Protection of Human Research Subjects, also I<nown as the Common Rule. It also includes, at Subparts B, C ancl D, prohibitions and additioi�al protections for children, nursing women. pre<�nant �.vomen, and fetuses in research conducted or supported by EPA. Page 16 of 25 The recipient 1�u�ther a��rees to comply with EPA's procedures for oversight ol�the recipient's compli�nce«�ith 40 CFR 26, as given in EI'A Orcler 1000.]7 Chan«e A 1 (Policy and Proccdures on Protection of Hwnan Research Subjects in EPA Conducted or Supported Research). As per this order, no human subject may be involved in any research conducted underthis assistance agreement, including recruitment until the research has been approved or cieten��ined to be exempl by the EPA Hti�r�an Subjects Research Revie��O�fticial (HSI2R0) after revie��of the approval or exemption determination of the Institutional Kevie�� Board(s) (IRF3(s))��vith jurisdiction over the research under 40 CFR 26. For HSRRO approval,the recipient mi�st for��ard to the Project Officer: (1)copies of all docui�ients upon ��vhich the IRB(s) ��itl� jurisdictio�� based tl�eir approval(s) or exei��ption determination(s), (2) copies of the IRB approval or e�em}�tion deteri��inatioi� letter(s), (3)copy of the [RB-approved consent i�orms and subject recruitment materials. if a}�plicable_ and (4)copies of all supplementaiy IRB correspondence. I=ollo��ing the initial approvals indicated above,the recipient must as part of the annual rcport(s), provide evidence of continuing review and approval of the research by the IRB(s)with jurisdiclion. as required b;�40 CFR 26.109(e). Materials s�ibmitted to the IRB(s)'for their continuing review and approv��l are to b�}�rovided to the Project Oflicer� upoi� 1RB approval. Dtiring the cow�sc of the r�esearch, investigators must peomptly report am� unantici�ated problems involving risk to subjects or others accorcling to requiremei�ts set forth by the IRQ. In addition, ai�y event that is sigi�ificant enough to result in the removal of the subject 1i�om the studv shoulcl also be re�orted to tl�e Project Officer; even if the event is not reportable t�o the (RB of record. 28. Animal Subjects The recipient agrccs to coir�ply with thE Aniinal Welfare Act of]966 (P.L. 89-544). as amencied. 7 USC 2131- 21�6. Recipient also agrees to abide by the "U.S. Gove��n�r�ent Principles for thc Utilization and Care of Vertebratc Animals used in Testing, Research, and Training." (Federal Register 50(97): ?0864-•'_0865. May 20.1985). The nine principles can be viewed at htt s:� //olavv.nih�7ov/p��lic�c�_la�l�,��h� policv.htil�. Tor adclitional information about the Principles, the recipient should consult the Gi��ide for Cure�n�cl I�:se of I.crbo��a�o�y Ani»ru1s, prepared by the Institute of Laboratoiy Animal Resources, National Research Coimcil and cai� be accessed at: I.�tt}� ��..��,i�;�� cciu'reacli��roomi_bool:�'lab��ts�� 29. Light Refr•eshments and/or Meals APPLICAI3LE TO ALL AGREGMI;NTS �XC�NT STATG CONTINI)ING GNVIRONMENTAL PROGRAMS (AS DrSCR113ED I3CLOW): Unless the event(s) and all of its compo»ents ar� described in the approved ��vorl:plan. thc recipiei�t a�rees to obtain prior a�proval from EPA for the use of grant funds 'for light refresh��ents and%or meals served at meetings, conferences,trainii�g workshops and outreach activities (events). The recipicnt must send requests for approval to the EPA Project� Officer and inclucle: (1) An estimated budgel and description 'for the li�ht re'freshi��ents; me�ls, and/or bevera��es to be served at the event(s); (?) A description of the purpose, agenda, location, le��gth and timing fo��the event; and. (3) nn estii�iated number oi'participants in the event and a description of their roles. Costs for light rel�reshments and me�ls for recipient staff ineetings and siil�ilar day-to-da�� activities are not allo�-vablc under EP/� assistanc� a��ree��ents. Recipients may address questions about whetl�er costs for light refreshmei�ts, and meals for events ma; be allo�-��able to the recipient's EPA I'roject Officer; however,the Abency Award Of'ficial or Grant Mana��ement Officer�v�ill mal:e tinal dete��minaiions on allo��ability. Agency policy prohibits tlie use ot'EPA tunds tor receptions, bai�quet�s and similar activities that tal<e place after normal busi��ess ho�u-s unless the recipient has provided a justitication that has been expressly approved by EPA's A�vard Official or Grants Mai�agement Page 17 of 25 Ofticer. EPA funcling for me�is, Ii�7ht refreshments. and space rental may not be used for any portion of an event where alcohol is served, purchased, or other�vise availablc as part oCthe event or meeting, even if EPA fu��ds are not used to purchase the alcohol. Note: U.S. General Services Administration rcgulations de�fine light ref�reshments for morning, afternooi� or �vening breal<s to inelude, blrt not be limited to, coffee, tea, mill:, juice. soft drinl<s, donuts, bagels, fruit�, pretzels, cookies, chips, or muftins. (41 C'FR 301-74J) F�R STATE CO�VTIiVUl1�G �Nl�IIZO�IVIL:N`('AL NROGRAM GRANT RECIPIEIO'TS �XCLUDING STATE UNIVGRSITI�S: ll�.�l:t ui� � � toi t�,�,� 1�1�, 1'.,...,�..I ,' ' I., 1',,,1,,.-,.1 , I�.'�._,. -i ��rn �nn ��-� i nn St ;;ull;,�„PS Sy'5�.,,��S Cuj�Bv,� O� �vn�Fn\iii� ��'iiii icuci<u ��iuili ic�iiiuilvii� ai � �,ri� �vv.4�t, ailG 2vv.4�is, EPA has waived th� prior approval requirei��ents for the use of EPA funds for light refreshments and/oi�meals � seived at meetings, conferences, and trainin�. as described above. The state may follow its own procedures without requesting pi-ior approval fi�om EPA. Ho�vever. notwithstanding state policies, EPA funds may not be used for(1) evening rece�tions, or(2)other evenir�� events (��ith the exception of woi�l<ing meetings). Exam�les . of workii�g meetings incl�ide those evening events in which small groups discuss technical s��bjects on the basis of a structw�ecl agenda or there are presentations bein�,� conducted by experts. EPA funcis for meals, light refreshments, and space rent�al i1�ay i�ot be used tor anv �ortion o1�an eve��t(including evening working �neetings) where alcohol is served, pui�chased, oe other��vise available as part of the event or meeting, even if EPA funds are not used to plu�chase the alcohol. By acce�ting this akvai�tl,thestate is certifving that it has s}stems in plac� (incl�iiding�internal�controls)to comply�� with the requirements described above. 30. Tanbible Personal Property 30,1 [2Qporting Ptusliant To 2 CFR 200.312 �nd 200.31�1, property reports, if applicable, are required for Federally-owned properTy in the custody of a non-Federal entiCy upon completion of the Fecleral award or when the property is no longer needed. Addition��lly, upon termination or completion of the project; residual unused supplies with a total aggregate fair marl:et vall�e exceeding$5,000 not needed for any other Feclerally-spo��sored programs or projects must be reported. F'or Superft�nd awar•ds under Subpart O, refer to 40 CTR 35.6340 ancl 35.6660 for property reportii�g rec�uirements. Recipients should utilize the Tangible Personal Properry Report tonr�series(SF'-428)to report tan�ible �erso��al property. 30.2 Disposition , 30.2.1 Most Recipients. Consistent��-ith 2 CFR 200.313. unless instructed other�vise on the official award document,this a�vard term. or at closeout, the reci��ient may l:eep the equipment and continue to use it on the project originally tunded throu�;�h this assistance agre��i��ent or on other feclerally funded projects whether or not the project or pro��ram continues to be�upported by Fecleral funds. � 30.2.2 State Agencies. Per 2 CFR ?00.313(b). state a�?encies may manage ancl dispose of equipment acquired ��nder this assistance agreement in a�cordance ��ith st,�te laws and procedlu�es. � 30.2.3 Superfund Recipients. Equipi��ent purchased uncfer Superfund projects is subject to specific , disposal options in accoi�dance�-vith 40 C1=R Part 3�.634�. 31. Dual Use Research of Co��cern (DURC) � Tl�e recipient agrees to conduct all li�fe science research` in compliance �a�ith Gl'.�1 '.s Order o» t1�e Polic�r ui�cJ Pru,�eclin��s 1or illcntu,rin�Dtrrtl' L'.ti� I;<��r�,�ch n1_('unc_e�rn (E:PA DURC Order) ancl Cnilecl Stat<rs Gui�e��mne��t j)i�%i:"�.{n)' )»cYil�iiliii��.-r�/)��.- iil�i ,-�1 i r C,.;. i�).,.�/ 1 � iJ. -,i. -'i' , i:T1777J/'' 7�,.7:,,_. il'.L_ .•,•.� �,,, �,,.•,��,� �. .�,�C �� i .1�_. '�'.� r�uui � ��."��'i : i � �iiii'C'1'ii (tt�Vl�l, L V[(CV%. Il 111C __._> ._ _.__._ .. ____' _-_ ._.... .... _._..... _ _ ........ ___-__—_ ' recipient is an institution within the United States that recEi�es funding through this agreement;or from any other source, the reci�ient agrees to comE�ly ��ith the iDURC Policy if they conduct or sponsor research � involvin�any of the agents or toxins identified in Section 6.2.I of the iI��URC Policy. ]f the institution is outside the Uniteci States and receives funding throii�h this agreement to conclu�t or sponsor research involving any of those same agents or tosins, the recipient agrees to com�ly with the iDl}RC Policy. The recipient ag��ees to Page 18 of 25 provide any additiona) information that may be requested by EPA regarding DURC and iDURC. The recipient a�rrees to iminediately notify the EPA Project Officer sho�ilcl the project use or ii�troduce use of any of tlie agents or toxins identi9ied in the iDURC Policy. The recipiet�t's InstitutioniOr��anization i��ust also compl�� with USG iDURC policy and EP�1 DURC Order and w�ill i��form the appropriate governi��ei�t a��ei�cy if f�u�ded by such a�zency of research with the agent�s or toxins identified in Section 62.1 oi�the iDURC Policy. 19�privately funded the recipient agrces to notify the Natioi�al I��stitutes of Health at I)l'IZC_ �i�,�i.iiih -o�_. ��"Life Sciences Researcl�,'"for �urposes of the EPA DURC Order. and based on the detinition of research in 40 CF R �26.10?(d), is a systeinatic investigation designed to develop�or contribute to generalizable I<no�-vletlge ii�volvi��e living or�anisms (e.g.. microbes; humai� beings, animals, �nd plants) and their products. EPA doEs not consider the follo�-�ing activities to be research: routine peoduct t�esting, qualit}� control, mappin�. collection of �eneral-purpose stalistics, routinc i��onitocing a��d evaluation of ai� operational program, obse�vational sCudies, and the training of scientific and technical personneL [Note: This is consistent ��ith Oftice of Mana��ei»ent and Budget Circular A-1 1.] 32. Resea►•ch Misconduct ]n accordance with 2 CFR 200.328,the recipient agrees To notify tl�e EPn Project Officer in writin� about research i��isconduet involving research activities that are supported in ��hole or in part with EPA fw�ds ui�der this pro,ject. EPA defi��es research t��isconduct as fabrication, falsifiication. or plagiarism in proposin��, performing, or revie�ving research, or in reporting research resiilts [6� FR 76262. I], or ordering. ad��isii�g or suggesting that subordinates engage in research misconduct. The recipient a�,�rees to: (1) Immediately notify the EPA Project Officer who will tl�en ini�orm the EPA Oflice oi�li�spector General (OIG) � it: at any time, an allegation of��esearcl� ��isconduct falls into one of the cates�orics listed belo��: A. Public health or safety is at risk. B. Agency resoiu�ces or interests are threatened. C. Circu�nstances where research activities shot�ld be sl�spendeci. D. There is a reasonable indicalion of possible violations ot'civil or crimii�al la��. E. Federal action is requireci to protect the interests of those involved in the ii�vesti�7ation. F. The research ei�titv believes that the inyuiry or investigation may be made public prematurely so that a�propriate steps can be tal<en to safeguard evidei�ce and protect the ri��hts of those involved. G. Circun�stances where the research communit�y or public shoulci be informed. [65 FR 76263.1I1] (2) Report other allegations to the OIG when they have co��ducted an inquiry and determined th�i�there is sufticient evic�ence to proceed wit�h an investigation. [65 FR 76263. I11] 33. Scientific lntegrit�� Terms and Conditions The recipient agrees t�o eomply with 1�P 1__s_Scienti_lic lnt��i it�_f'oL��._��vhen conducting_s�ipervising. ai�d commui�icating science and when using or applying the results of science. For pw�poses of this a��ard condition scientific activities include_ but are»ot limited to, computcr modellin��. economic anal��sis_ field sai��li��g, laborator�� experimcntation, demonstratin� i�ew technology, statistical anal�sis. and ��vritine a revie��v article on a scientitic issue. The recipient agrees to: 33.1 Scienti�c Peoducts 33.1.1 Produce scie��titic products of the l�i�l�cst quality, rigor. ai�d objectivih. by adhering to applicable EPl� inlot�mation c �ialii�� <�uid�l�ncs. ��u:lit_��.�li�:�_. and peer revic�v policy. 33.1.2 Prohibit all recipient employees, contractors, and pro��ram partici��ants. ii�cluding scientists. mana�ers, and other recipient leadcrsl�ip, from suppressing_ altering. or otherwise impeding the timely release of scientitic tindin�s or conclusions. 33.1.3 Adhere to EPA�s Pccr Re�ic��_!�1<�r�cil��ool, ��'�� I;�lition. for the pecr revic��of�cientitic and technical �-vor]< products generated through F,PA ��rants or cooperative a��reei��ents which, bv definition,are not primaril}� for GPA's direct use or bei�etit. Page 19 of 25 33.2 Scientitic Findings �. 33.2.1 EZequire that revie�-vs re��arding the content of a scientitic product that are conducted by the project il�ana��er and other recipient managers and the broader management chain be based only on scientific q�iality consic�erations, e.g., the met�hods used are clear ai�d apprcpriate. the prescntation of results and conclusio��s is ii��parti�l. � 33.2.2 Ensure sciei�titic �findin��s are generaCecl and disseminated in a timely and transparent manner, includin�7 scientitic research performed by employees, contractors. and progr�m � p�rticipants. �vho assist�vith developin�or applying the results of scientitic activities. 33.2.3 Include. ��hen commwiicating scientific findings, an explication of underlyir�g � assumptions, accurate contextualiz�tion of uncertainties, and a description of the probabilities associated��ith both optimistic and pessimistic proiections, if applicable. 33.2.4 Document the use of independent validation o'f sciei�tific methods. 33.2.5 Document any independent review of the recipient's scientifie �facilities and testing �ctivitics, as occiu-s �vith acereditation by a nationally or internationally recognized sanctionin� bodv. 33.2.6 Mal:e scientific information available online in open �formats in a timely manner, � incl�iding access to data ancl non-proprieta�y ��odels. � 33.3 Scientific R�Lisconduct � 33.3.1 Prohibit intimidation or coercion of scientists to alter scientific data, findi��gs, or professional opinions or non-scientific ii�fluence of scie��tific adviso�y boards. In addition. reciE�ientemplo��ees, contractors,�and�program�partici�ants;�i�ncl�uiin��scientists,� �� managers, and other leadership. shall not� knowingly misrepresent, exaggerate, or � do��-nplay areas of scientific uncertainty. 33.3.2 Prohibit retaliation or other punitive actions toward recipient employees who uncover or report allegations of scientific and research miscondlict, or who express a differing scientitic opinion. Employees �tho have allegedly engaged in scientific or research misconduct�shall be afforded the due process protections provided by law, regulation_ and applicable collective ba�gainin�� agreements, prior to any action. Recipients shall ensln�e that all employees and contractors of the recipient shall be fa�niliar with these protections _ and avoid the appearance of retali�tory actions. 33.3.3 Require all recipient employees. contractor•s, and pi•ogram participants to act honcstly ancl refrain from acts of research mi;conduct, ineluding publication or ceporting, as ciescribecl in F (' a �_P�,I«� and Proc��l�ire= to� Adclr,essin� F��Se,arch Misconcl��cT, Section 9.C. _ _..... __..... _ Research i��isconduct does not inclucle honest error or differenees of o�inion. While GPA retains the ultimate oversight authority for EPA-supported research, grant recipients conductin�� research bear prim�ry responsibility for prevention and detection of research � misconcluct and for the inquiry. ii�vestigation, and ldjudication of research i��isconduct alle��ed to have occurred in association with their own instit�ition. 33.3.4 "T�al:e the actions require�i on thc �art ofthe recipient described in �PA's Policy and Procedures for nddressin�� Research Misconduct, SecCions 6 through 9; when rese�rch n�isconduct is suspectcd or Found. 33.�lAclditional Resources For more inform�tion about the Scientitic ]r�te��rity Polic}�, �n introductory video can be accessed �t: httus;'��outii h�'FOIC��SB\�:c�S. A trainin�� vidro is available �t: htt�� s: '>�oiitu.he�ZcO"1�7l�000t5. Public Policy Requirements 34. Civil Rights Obligations "I�his term ancl condition incorpo��ates b;• reference the si�ned ass�u-ance provided by the recipient's authoriz_ed Page 20 of 25 representative on: I) EAA Form�1700-�, "Prea�-v�rd Compliance Revie�,v Report for All Applicai�ts and Reci�ients Requesting FPA Financial Assistance��: ancl 2) Standard Form 42�1I� or Stai�dard Form 424D,as applicablc. These assurai�ces and this term and condition obli��atc the recipient to comply fully ��ith applicable civil rights stat�utes and implementing EPA regulations. a. Statutory Requirements i. li� car�ying out this agree�l�ent, the recipient must comply with: 1. Title V1 of the Civil Rights ilet of 1964. ��hich prohibits discrimination based on race, color,and national origin; including limited En��lish proficiei�c�� (LEP), by entities receiving Federal financial assistance. 2. Section 504 ofthe Rehabilitation Act of 1973, ��hich prohibits discrimination against persons with disabilities b�� ei�tities receiving Fecleral financial assistance; and 3. The Age DiscriminaTion Act of 1975, �,vhich �rohibits age discrimination by ent�ities receiving Federal financial assistance. ii. If the recipient is an education program or activit��(e.��..school,colle��e or universit�y)or ift�he recipient is conductii�g an education program or activit�� unc{er this agreement, it must also comply with: l. Title IX of the�ducation Amendments of 1972. wl�ich prohibits discrimination on the basis of sex in education programs and activities operated by entities receiving Federal financial assistai�ce. For further infonnation about your compli�nce obligatioi�s regardii�g Title IX, see 40 CFR Pai-T 5 and htt��, ��_��. lu uce. �o� c��t t�tl � i� iii. If this agreement is fui�ded with financial assistance under the Clean Watei-Act(CWA), the recipient� must also comply wiih: 1. Section 13 of the Federal Water Poll�ition Control Act Amendm�nts of 1972,whicl� prohibits discrimi»ation oi�the basis of sex in CWA-funded pro�rams or activities. b. Regulatory Requirements i. The recipient agrees to comply ��ith all a}�plicable LPA civil rights regulations, includi��g: 1. For Title IX obligations. 40 C.}.R. Part 5; ai�d 2. For Title Vl, Section 504, Age Discrimination Act,and Section 13 obligations,40 CFR Part7. 3. As noted on the EPA 1=orm 4700-4 si�rned by the rcci�iei�t's authorized i-epr�esentative, these regulatio��s establish speci�fic requirements including maintainin�coi��pliai�ce information, establishing s�rievance procedures. desi�>nating a Civil Rights Coordinator ai�d providing notices of non-discrimination. c. T1TLE VI— LEP, Public Paeticipation and Affirmative Compliance Obligation i. As a recipient of EPA financial assistance. you are required by Titic V1 of the Civil Rights Act to provicle iT�eaningful access to LEP individuals. ln implementing that requirement,the recipient agrees to use as a ��uide the Office of Civil Rights(OCR) doc�nnei�t entitled "Guidance to Environmental Protection Agenc�' Finai�cial Assistance Recipients Regarding Title VI Prol�ibition Against National Origin Discrimination Aifeeting Limited �nglish Proficient Persons." Tl�e �,�uidance can be found ar. �lll .S �V-\-A�A'\�_iCl�C1�1�1E<'1 ,t.�1 �'OA� C�t)�lli11.�i11� '�� !(� -.' ('� I +.��) �_''UIC�111C��-10- � C11VIfO1�Il1C'lllii�-�)1�01CC�1(.�Il-d��(IllA i�ll'<lllGi� 1�51� llll�-IcLI}�Icill� � ��'ill'C{III�?-lll�e-1'1 � __.. _.. _..... __....___. ...... . _. ...... ... ..._.. _..... W_..... ... _.._.,.....�_ ii. lf the recipient is admii�isterin�permittin��}�rograms ui�der this a�7r�ement, the recipiei�t agrees to use as a�uide OCR's Title V1 Public lnvolvement Guidance for EPn Assistance Recipients Administerin�Environmental Permittin� Pro��rams. The Guidance can be found at: hti�:;'i��.<�ovinlo.�Tcn ec�nt�ut ��):� }_1�-�UO(i-03-�1_�c11 0(� t_�91.�x1f� iii. Ii� acceptii�g this assistance agreement. the reci�ient acl:no�-vledges it has an affin��ative obligation to implement effective"Title V I compliance pro�z,rams an�i ensure that its actions do not involve discriminatorv treatment and do not have discriminatorv effects even whei� Page 21 of 25 t��cially neutraL Thc rccipient must bc prepared to dei��onstraTe to EPn that such compliance programs exist and are being implemented or to otherwise demonstr�te ho�v it is meetin��its � Title VI obligations. 35. Drug-F►•ce Worl:��lace � The reeipient organization of this EPA assistance agreement must mal<e an ongoing, good faith effort to maintain a dru��-free �,vorl:place pursuant to the specitic requirements set forth ii�Title 2 CFR Part 1536 � Subpart B. Additionally, in accordance�vith these regulations, the recipient organization must identi�fy all l:nown �-vo��l:places under its federal a��vards, and I<eep this inform�ition on file during t�he performance of the � award. � i i1vSc i('CiNiei1iS�'vilu zti"e iiiCiiVi�iLit�iS �TlUSi COiilpl)�W111] ll�e ClI'll�-Tl'2e �1'OVISIOIIS SeI TOI"T�1 lIl 1 Itle L l�t'hC I'flPT � 1536 Subpart C. The consequences for violating this condition are detailed under Title 2 CFR Part 1536 Subpart E. Reci�ients can aecess the Code oF Fecieral Ke<>ulations(CFR)Title 2 Part 1536 at �v�v�.��.ecl�r.��c�vi. � 36. Hotel-Motel Fire Safety � Pursuant to 15 USC 2225a.the recipient agrees to ensure that all space for conferences, meetings, convent�ions or training seminars funded in whole or in part with federal f�mds coinplies with the protection ai�d conirol � guidelines of the Hotel and Motel Fire Safety Act(PL 101-391;as amended). Recipients may search the Flotel-Motel National Master List at I�tt;�s_._'a.��.��s,_<<sl��_.l:;ema.,��o��,;hc�tel'to see if a property is in compliance, or _. . to tincl othee inforri�ation about tl�e Act 37. Lobbyinb Restrictions a) This �ssista�ce agreei�ient is si�bjeci io iobioyir�g restriciions as described beiow. Applicai�le to ali assist�nce agreements: i) The chief�xecutive officer of this recipient agency shall ens�u�e that no grant funds �iwarded under this assistance agreement are used to engage in lobbying of the Federal Government or in litigation against the U.S. unless a��thorized under existing law. The recipient shall abide by the � Cost Principles available�t� CFR 200 which generally prohibits the use of Federal grant tlinds for litigation a��ainst Che U.S. or�for lobbying or other political activities. ii) "I�he recipient a«rees to comply ��vith Title 40 CFR Part 34,New Restrictions on Lobbying. Thc recipient shall include the language of this �rovisio�� in award documents for all suba��ards e�ceeding S 100.000 and require that s��brecipients submit certil�ication and disclosure torms accordingly. iii) In accordance ��ith the C3yrd Anti-Lobbying Amendment, any recipient who mal:es a prohibited ��pendilure under"l��itle�0 CFR Part 34 or fails to file the required certification or lobbying lorms shal I be subject to a civi I penalty of not less than$10,000 ai�d not more than $100,000�for each such ezpenditure. iv) Contracts a�-��arded by a reci��ient shall contain, when applicable,the anti-lobbying provision ��s � stipulated in the Appendix I I to Part 200--Contract Provisions for Non-Federal Entitv Contracts Uncier 1=ederal A�vards. v) By acceptin�r this aw�ard,the recipient aftirms that it is not a nonprofit organization described in Sect�ion 501(c)(4)of the Internal Revenue Cocie of 1986 as required by Section 18 of the Lobbying � Disclosure Act; or that it is a no��profit organization described in Section 501(c)(4)ol'the Code b�it does not and ��ill not engage in lobbying activities as detined in Sectioi� 3 of the Lobbying Page 22 of 25 Disclosure Act. Nonproiit or��anizations exempt li-om taxation ui�der section 501(c)(4)of the ]nternal Reven�ie Cocie that en�ra�e in lobbying activities are ineligible for EPA subawards. b) Applicable to assistance abr-ecments wl�en the amount of the awa�•d is ove►•$100,000: i) By accept�ing this a��vard, the recipiei�t certifies, to the best of its I<nowledge and belief, t�hat: (I) No Federal appropriated funds have been or��ill be paid, by or on behalf of the recipie��t, to any person for influencin�,� or attei��ting to influence an officer or employee of any agency,a Member of Con«ress, an ofticer or em}�lo��ee of Coi��ress, or an employee of a Member of Congress in coi�nection �vith the a�vardii�g o'f an}� Federal contract, the i��aking of any Federal grant,the mal<ing o�f any Federal loan, tlie entering ii�to of any cooperative agreei��ent',and t�he extension, continuation, rene��aL amendment. or modification of any Federal contract, gr�ant, loan;or cooperative agreemei�t. (2) If any funds other than Federal appropriatecl fimds have been paid or will be paid to any perso�� for influei�cing or attemptin� to influence an ofticer or cmployee of any agency, a Member of Congress, or any em�lo�ee oi�a Member of Congress in connection witl�this Federal grant or cooperative agreement. the recipient shall complete anci submit tl�e linl<ed Stanclard_I�orm -- LLI_.: _.m _.._ ___.__� ___.._ "Disclosui�e 1�orm to R�ort l_��hh��in��l" in accordance with its instruetions. (3) The recipient shall require that tl�e language of this certification be included in the award � documents for all suba��ards exceeding �100,000 at all tie�s (i»cluding subeontracts, sl�bgrants, a��d contracts unc{er ��rai�ts, loans, and cooperative agreements)and that all subrecipiei�ts shall certify and disclose accordingl,�. ii) This certification is a material represent�tion of fact upon which reliance was placed when this transaction was made or cntered ii�to. Submission of this certification is a prereq��isite for malcii�g or entering i��to t�his tra��saction imposed by Sectioi� 1352. Title 3l, U.S. Code. Any person who fails to file the requirec� certitication shall be subject to a civil penalty of not less than $10,000 a»d not more than $100,000 for each failure. 38. Recycled Paper When dir-ected to provide paper ciocuments. the recipient a��rees to use recycled pape��and double-sided printing for all reports whicl� are prepared as a part of this a<rreemei�T and delivered to EPA. 1"his requirement does not apply to reports �repared on forms su�plied by EPA. 39. Resoin-ce Conservation and Reco��ery Act Co��sistent with goals of section 6002 of RCRn (42 U.S.0 6962). State and local institutions of higl�er education, hospitals a��d non-protit organization recipients agree to ��ive preference in proc�n�ei��ent�rograms to the p��rchase of specific products contai��ing recycicd ��aterials_ as identitied in -l0 CFR Part 247. Consistent with section 600? of RCR� (42 U.S.C. 696�)and 2 CFR 200.322, State agencies or agencies of a political subdivision of a State and i1s contractors are required to purchase certain items �»ade f�rom recycled �naterials, as idei�tified in �0 CFR Part?47. ��hen the purchase price exceeds$]0,000 dw�ing the eourse of a fscal year or��here the quantity oi�slich items acquired in the cou>>e of the preceding fiscal year was$10;000 or more. Pursuant to 40 CFR 2�7? (d). the recipient ma��clecide not to �rocure such items if they are not reasonably available in a reasonable period oi�time; f�ail to meet reasonable performance standards; or are only available at an unreaso��able price. �10. Trafficking in 1'ersons a. Provisions applicable to a recipient that is a private entih�. Page 23 of 25 i. The recipient, the recipiei�t's employees,sul�recipients �inder this a�-vard, �nd subrecipients' employees may not— � 1. En��7�ge in severe forins of traffiicking in persons cluring the period of time that the a��rd is in effect: 2. Pi�ocure a commercial seY act dtu�ing the period o�f time that the��vard is in effcct: or 3. Use forced labor in the perforinance of the award or subawarcls ��nder the a��ard. ii. We as the Feder�l awarding agency may unilaterally terminate this award. ��iThout � penalt}�, if the recipient or a s��brecipient that is a privaCe entity-- � 1. Is determineci to have violated a prohibition i�� paragraph a of this aw��r�d ter�m; or 2. Has an employee who is determinecl by the agency oi�ticial authorized to � terminate the awai�ci to have violated a prohibition in paragraph a of this a��-ard i�rm thro�igi� conciuct ti�at is eiYi�er— a. Associated with performance under this award; or � b. Imputed to the recipient or subt�ecipient using the standards and due process�for imp�iting the conduct of an inciividu�l to an organization that are provided in 2 CFR part I 80, "OMB Guidelines to Agencies on Governmentwide Debarment � and S�ispension (Nonproc�u�e�ncnt)," as implemented by o�n�Agency �t 2 CFR 1532. b. Provision applicable to a recipient other than a peivate entity. EPA i��ay unilaterally terminatc this � a�vard. �vithout F�enalty, if a subrecipient that is a private ent�ity— i. fs cletermined to have violated an applicable prohibition in par�graph a. of this a�v�ird term; _ or ii. Has an ei��ployee�vho is determined by the agency official authorized to terminate the award to have violated�n applicable prohibition in paragraph a of this award term through conduct that is either— i. Associaied with perfoi•mance Lmder this award; or 2. Imputed to the subrecipient using the st�andards and due process for im�uting the conduct of an individual to an or�ganization that are provided in 2 CFR part I S0, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonproc�u�ement),"as imple�r�ented by EPA at 2 C1=R 1532 c. Pro��isions applicable to any �-ecipient. i. The recipient must inform the EPA immediately of any information receivecl from any sow-ce allegin�a violation of a prohibitioi� in paragraph a of this a�-varcl term. ii. O�ir ri��ht to terminate unilaterally th�t is described in p�ragraph a and b: - I. Implements section ]06(g) ofthe Trafificl<ing Victims Protection �1ct of 2000 (7�VPA), as amended(22 U.S.C. 7104(g)),and 2. ]s in addition to all other remedies for noncompliance that are available to us under this awarcl. iii. The recipient must include the requirements of�pa��agraph a of this award term in anv suba�v��rd made t�o a private entit��. � d. lletinitions. For purposes of this a�-vard term: i. "F.mployee" means either: 1. An individ�ial employed by you or a subrecipient w�ho is engagccl in the performance af the project or program under this a�-vard; or 2. Anoii�er person engageci in ti�e perfiormance of the project or program under this a�vard and not compensated by yo�i incl�icling, but not limited C��, � volunteer or indivicival whosE services are contrib�ited by a third parry as an in-I<ind contrib�ition toward cost sharing or matching requirements. ii. "Forced labor" means labor obtained by any of the follo�,ving methods: the recruitment. harboring,t��ansportation, provision, or obtaininb of a person for labor or services,through the Page 24 of 25 use of force.fiaud. or coercioi�for the p�u-pose of subjectioi�to involuntary seivitude, peonage. debt bonda«e. or slavery. � iii. "Private entit��": 1. Me�ns anv entity other than a State, local government�, Indiai�tribe, or foreign public entity. as those terms are definecl in 2 CFR 175.25. ?. lncludcs: �. A noi�protit ot�ganization, including any nonprofit ii�stitution of hi�Yher education, hospital.or tribal orgai�ization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). b. A i�or-peofit organization. iv. "Severe forms of traiiickii�g in persons," "comi��ecciai sex act," a��d "coercion" have the meanin�s given at section 103 of the TVPA, as amended (22 U.S.C. 7102). Page 25 of 25 ATTACHMENT 1 ___ SUBMIT TO COUNTY OF MARIN -Grant Progress Reporting Tempiate n�ci{;�li�y fdame OtrW Fapoi:,na FenoA i ct-0cc 2015 Posil on T Ile � _ n � >� � _ 6 _ _ IE�-t Pos l o a � - _� - � u antl Ralesl 2 u a" �� n .° c� u ' �w` �o '� o�� >° �` 7aekTotats �. Worx Narra��vc Rate � TasM S S 5 5 5 S 5 5 ?g�g (Exam�les�elow,r v�. ,5needecl) . � _ __...._.___._.. ' - -" ..-.. � 1 Large antl small fuli [ra5h capture device instaila�ion lannint� 5 �:iMA tlelineauan. ' _ - ronFinC and pnciiliZ�.:�n � _ 5 FiBa GI.da.a va�idaUOn�4aeLnm'Oata�enii�c,c ____"... _.-"" __.-'_ -.�.- 1 2ltlentily C'nl�tBnS . Par�ner�hil>oE�ortui:i'._5 _ t�IaentifY P��llic fn.�le _ __ __ _ _ �smns aoo d�:�_�. . von�on�n�„�oes 5 1 4 Guif;a�.ca tools;:'puL'iC �nVatE FTG 5 IJ�urI�C.1Ynl CotlE•E��e�-I 2 Full[rash capture �� "'- �evice ingallalion and nsUuclion g �iechn;calinvec�,ci�:ior�s prel�m,na� des�on_ 5 I-Ivn�aloo�/h+�draul�cs/SD Nenvork stu�bes 2 2 Des e,��ururiie�i�.�»ntl permi�tina �....:::..... . .. ___ 5 ...... ... ...... . .J P. .hds ia.,ncl ..... ... .. . . .. . . . .. . . .... . ... . . . ..... ....... ......... nstluciion ni2[cM1 S �EOt�CPs �e<I n�atcii ai�tounls. JCDevicc maintenan�e, - "- - tr�5h pollution capWre, � �nd nionilorinq - 4 3�,'Nonitorino antl ,.� e elfecL::��:ess (1cl s`d2a2loPn�Fln1[C��,iA rems an.sam�v n r -�=dev� 5 Nonro p�esnno 3 2 Mon�fonng and ��me�ance r,a�a o =ction 5 n4on�,�onnn a�hretluc,. ,.^,«ing -- -- -- ..3 i� I�cn;::� '��Inipleinen�alion�an Up[ta�fa 5 4 TraSh eduration antl ouUeach S n :Lit!er -.. -' ' _ pie�eneonnenucuo,: Z Clean Mann Ca:�":. "___" _ __ __" nr�l�i+Bticn and at[.�: _ - 5 __ _..___._ '_ _ a.3 Cican kkisines��ropi'am 5 :n ra�r:'o��aa�.,-ean: _ __"- -.- evci:i•F __ _"_" 5 __- __... ._____. -.__...._' - -__.._.__ ___'__ .._.___ ___ ��Dovn�o�.�Str e.� an ' Cieanups 5 Municip I knowleuge �� 5 -� ' sharin woikshops,__ g lslevent '_'_-� --"- '_' 2ntl cvenl - - �-"-�" -__' --' 6 Pro ecl Mana e,�nt 5 _-^ -`�,c - - ____ -"_ - _ i. �f,�.. S .__ _ .A� . .ent _-- -.._- S ro�aina��sicn>��s oa� o.co aoo oec oeo ow oao cca eoo s S 9 ial re'of Ag ��y s Authorired Representalive: Sp op F �,;� �Pr nted Name of �e icy's Hulhorized Representative'. � 5000 r i n ATTACHMENT 2 Contractor or Subcontractor Debarment and Suspension Certification TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 The Contractor or Subcontractor, under penalty of perjury, certifies that, except as noted below, he/she or any other person including subcontractors associated therewith in the capacity of owner, partner, director, officer, manager: • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency; • has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years; • does not have a proposed debarment pending; and • has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Authorized Representative Name (typed) Signature Title Date Name of Company Project Name CONTRACTOR or SUBCONTRACTOR SHALL INCLUDE A SIGNED DEBARMENT AND SUSPENSION CERTIFICATION FOR EVERY SUBCONTRACTOR LISTED IN THE CONTRACT. Notes: The certification of this provision is a material representation of fact upon which reliance was place. Providing false information may result in criminal prosecution or administrative sanctions and the termination of the contract for default. Attachment 3 EPA Best Practice Guide for Procuring Services, Supplies and Equipment Under EPA Assistance Agreements �est Practice Guide for Procuring Services, Su�plies, and Equipment Under EPA Assistance Agreeanents. Issue Date: Septembel• 7, 2018 �_.Of�il:�'.C1tS Best Pi•actice Guide for Se�-vices, Supplies, and Equipment Under CPA Assistance Ag►•eements. ................................................................................................................................... 1 Introduction................................................................................................................................. 2 Overvie��...................................................................................................................................... 2 Differcnces between procln�ement contr-acts and othef-financial transactions............................ 3 Re��ulations Governinb Procurement Contracts.......................................................................... 5 I3asic requirements for procurement system ............................................................................... 5 Contlicts ot�Interest in Procurement ........................................................................................... 7 Disadvantaged Business Enterprise (DBE) opportunity............................................................. 8 Competition................................................................................................................................. 8 Contractt�pes............................................................................................................................ 13 Costor price analysis ................................................................................................................ 14 I..imitations on consultant compensation................................................................................... 15 Soft�-vare and other intellectual property................................................................................... I S Debarment �lIICI SUS�ellSiOil ....................................................................................................... I6 Required ( ontract Clauses........................................................................................................ 1C Supplies..................................................................................................................................... 17 L,C3 lI1�J111 C:III ................................................................................................................................. �7 Bonclin�� R�quirements for Coi�struction Contracts .................................................................. 17 Sin<<le and 1=:P/1 audit ................................................................................................................ I 8 Appendia :1: Conducting pz•ice and cost reviews...................................................................... 19 PriceRe�ic�v.......................................................................................................................... 19 CostRe� ie�-v........................................................................................................................... 20 CostRe� icw Findin;�s............................................................................................................ 24 Documentation....................................................................................................................... 24 1 Intr°oduction. As a recipient of EPn �fi��ancial assist�nce a��reement (grants and coopei-ative agreements), you will lil<ely find it ��ec�ssa�y to purchase or"procure`' professional services, supplies or equipme��t, in order to complete thc work iinder your EPA awards. EPA developed this Best . n;'�.C�:C� f'�;!`�� vL�!`�.:,j tv iii;iEi if'.Cifii�iii� Oiiii;i' iiiuii �iaic� ilii,ci tcuci'ui i�C;C�liI1Ci11G1iiJ CUIIIdifiCCI � in the Procuremei�t Standards ofthe Uniform Grant Guid�nce (UGG) p��blished at 2 CC�it I'art _.._............_...._...�..._._._.._.... � 200 when mal<inb such purchases.� If you have questions regarding any of the matters addressed in this guiclance EPA encourages you to contact��our Grants Specialist. � As provided in 2 CI�CZ_�UQ..�I_i. with limited exceptions, states follow the same polieies and ___-__........ . ..................... pi•ocedures they f'ollow for procurements tinanced with noi�-Federal fi�nds.� 'I,his Guide should; � however, be usefiil ro state pass-through entities ��vhen monitorii�b subrecipient compliance with the UGG because the Proc�n-ement Standards "flow do��vn" to subrecipients.' OV�rV�ew� This Guide describes the tinancial transactions covered by the coi��petitive procurement requirements a��d other rul�s you must follow when awarding and administering EPA funded contracts. With very few e�ceptions, recipients must follow a competitive process when using EPA funds to purchase su�plies, equipment and professional services in amounts that exceed the "mic►•o-purchase" tliresl�old of�10,000.� Other rules cover purchasing systems, cont7icts of i��terest, cost and price analyses, reqiiired co��tract clauses, and bondi��g requirements � for construction. ��'his Guide 11so provicies ��uidance o�� unique EPA (imitations regardinb expe»dit�n�es for consultinb services. � As provided at 2 CFR 200.I 10" . . . non-Fecieral entities may contin�ie to comply with the procurement standards in previolis OMB guidance �e.g.2 CFR Part?I��) for a total of three fiscal ��ears after this part goes into effect. As such,the effective date for implementation of the�xocurement standarcls for non-Federal entities will start for fiscal years beginning on or after December 26,2017.�� Please reter ro question .I 10-6 o'fOMB's July 2017 f�_reqiientl�_ 1sl:ecl )nestions for details. ___ - =States are subjeet to the requirement at ' ('I R 't�1 �`_- for proc�uement o1�recovered materials"�vhere the purchase price of the item e�ceecis$10,000 or the��lue of the quantity�cquired during the preceding tiscal year exceeded$I 0,000"per unit�nd any conn�aa�I�uses required b�� -_C I R '(i� .;�6. A11 recipiei�ts. including states, must comply��vith EPA's rtiles for disadvantaged business ent�rpriscs a[ I(i { 1Z I'ait :3,. , ' Pass-through entities_as defined at ? CFR 300.74. are recipients who provide subawards to eli�ible subrecipients. �'The Office of Nlanagement and Budget raised the threshold for micro-purchases fron�i$3.�00 to$10,000 on June � 20,2018 as provided for in the 1Vation�l Defense Authorization Acts (NDA:a)for Fiscal Years 2017 and 2018. Some institutions of higher education. their related or aftiliated non-profit entities,non-profit research organizations � or research institutes may have micro-purchase thresholds higher than $10,000 with the approval oEtheir cognizant agei�cy for indirect cost r�te negotiation.'�his practice is authorizetl by section 217(b)of the NDAA for Fiscal Year � 2017 and is codified at 41 U.S.C. 1902(a)(�). 2 Differences between procurement contracts and other �nancial transactions. It is very ii��portant to acc�u�ately characterize tinancial transactions you enter into ��ith EPA f�mds. There are five basic ways to ti-ansfer fui�ds to ii�dividuals. or��anizatioi�s, comp�u�ies ai�d �over��ment abencies to perform your CPA assistance a��reei��ents. The rules differ depending on the type of�transaction. Information to l�elp you accurately characterize linancial tra��sactions is pi-ovided below. EP� has also published detailed Frequent Questions (FQ) to further assist you in characterizing ��ancial transactions at llt��ti ��'��a� �>>�, < <,�� iaiit� ��i �i;t� ��c�li�� is�ua�i�c �r��- -- . � _. _......�_ _.�._ �_6-01 c_!�1 5ul�aw��c1=}x,lic�-e�,1 issi�tinc,e a�rcci»�i�1�_r� �i�ici�_t�. Note that refer�ri��g to a finai�cial transaction as a "partnership" does i�ot determii�e the proper characterization ofthe transaction or the rules that apply. l. Yo�i may hire person��e1 or pay current employees to perform ��-orl< under the assist�ai�ce a�reement. a. An individual must be on your organization's payroll (i.e.. receive a W-2) �for tax pw�poses to be considered an employee. Require��ients for documenting the proper use of EPA funds to co��pensate employees are found at�f`f�I� �(1O.-��0 (wabes) and = C,FR _-- — ?QO.4;1 (fi-inge beneiits). _............. b. Consultants or"contraet employees" such as outside experts or traininb ii�sti-uetors who typically receive IRS Fori�� 1099s for ta� records are not considered ei��ployees for the purposes of your EPA assistance abreeinent. They arc coi�tractors. 2. You n�ay procure supplies, equipment or professional scrvices fi�om individuals or for-profiit coi��panies through procu�•ement contracts. You must have a svstem in place for adrninistering contracts, ensw-inb that there ar� no co��flicts of i��terest. conductii�<� cost or p�-ice analyses when required and ii�cludinb contract clauses required by the UGG. EPA also has unique requirements which limit the amount you may pay individual consult��i�ts in ccrtaii� cascs. These requirements are discussed in n�ore detaiJ below. 3. You may fi�nd a program or project that carrics out a public purpose tl�rou�h a s�iba�-�ard of tinancial assistance to an eligible or�anization. Subawards usuall�� may be entered into without competition so differe��tiatinb between procurei��ent contracts a��d suba��ards is particularly important. a. A subaward may tal<e any form. Evei� if yo�l refei� to it as a coi�tract—it is the substance ofthe transaction that matters. The UGG providcs �uidancc at ? C_�I��I: ?UO.�>;0 for � > <7 � � _......_..,......._............_............. determininb �vhether a transaction is a suba��ard i�r procurement contract and at _�'_E_�[=1Z __._____ ?00.i31 for overseeinb and managinb subrecipients. EPA has supplei��ented the UGG _._....__...__..__.._.� guidance through EPA's Subaward Policy and FQs ��hich are available at http�:;i�l��a-.c�t ��'o�i��i ant�i��rant5-G��l ic�-i��ti<tn e ,��i_I 6-01_c1��t_suba��_arci-lx�l',r�_c� as5«t ai��a�>i ecme n1-i e c�pient�. Tra��sactions between recipicnts ai�d for-profit iirms or individual consultant�s are p��oc�u•ement cc��tracts ��ith ve�y fe�-v exceptions. There also � � may be situations ii� �vhich }�ou enter ii�to a �i�oc�u�ement contract with a non-protit organiz.ation for commercially available services such as accountii�g. � b. EPA ��ener�lly cor�siders transactions between �•ecipients and non-Federal units of government, institutions ofi higher education, and non-protit orbanizations to be � s�iba�-vards rebarciless of��-vhetl�er the insh•ument is referred to as a contract.' Subrecipients must comply �vith the t:��GF��, 1'�ocui�n�rent Stanclards �vhen proc�u�in�� services. s�ipplies or equipmei�t. Pass-throubh entities are responsible for ensurin�that � their subrecipients procure sei�vices, equipment and supplies in compliance with the UGG standards. � 4. You m�iy trai�sfer fw�ds bet'ween agencies of the san�e unit of government under ii�tera��ency service agreements or inter��overnmental orders provided for at ? C.T�R ?00.417 or bet�veen depart��ents of an Institution of 1-libher I;ducatio�� (IHE). � � a. Trans(ers of f�unds bet�vicen agencies of the same ui�it of bovernm�nt (e.�. st�te, tribal ai�d local ;,�overnments) are typically not procin-ement contracts for the purposes of the � UGG. EP/� also does not consider ii�tragovernmental transfers to be s�ibawarcls subject to _the UG<i's mana�ement and monitoi�in�reqL�irements ot? C_FfZ �� >> I u»less st�tte, tribal or local law provides otherwise. b. Ti-ansfers of t�ui�ds between clepartments of IHEs are typica(ly not procul•ement � contracts or subawards but ai-e governed by the IHE's internal accounting practices for federal funds. c. Additional guidance on internal transfers is available in tlle FAQs for EPA's Sliba��ard Policy��hich is available at https � ��-��,�.�E�a ��_�i<�iants/�7i�_nts-�»li_c� is5�i �ncc��7pi- 1(�: � 01 e��a-_��iha��i�c{��i�li�� pa l�sistin�c a��reem�nt-rcci)�icnts 5. Yo�� may support the participatio�� of ai� individual in your EPA -funded probram thro�igh the payment ofstipe��ds, travel allowances, ancl similar particip�nt s�ipport costs iu�der? C,'l [�_'_UO.7� and '_OU._��C>. "I�hese transactions ar� neither procurement contracts nor subawards. � a. Examples of participant s�ipport costs incl�ide stipends paid to interns who are not employees ofi your organization, re��istration i�ees fo�� community members attendin« conferences. ai�d U-avel support for indi��idu�ls who a�-e not employees ofyour � organization to enable them to pa��ticipate in traininb. worl< �roups, and i-esearch pro_jects. LP�1 also consiclers rebates, subsidies or simila�- payments to coir�pai�ies or ii�divicluals to � encoura��e their particip�tion in environmental stewardship probra��s to be participant support costs to the extent consistei�t ��ith the terms of an EPA assistance abrcemcnt. � b. You must have prior CPA approval t�� pay participant support costs oi�to re-bud<�et � fui�ds EPA has provided for participant s�ipport costs to other direct cost catebories. EPA '"Il��nsfers of funds between reciE�ients�nd Federal �gencies are governed by the terms of the statute that authorizes : the Federal agency to provide services to the recipient on a reimbursable basis. =� guidance on participant support' costs is available �it (�tt_p�: ��,�ti��.cp�� _;`��i lntsr<rl<�i�ts- Ol)�l�\ IS�Ud11C� f�(�i-��) �� _C]�1 ti�'�)<l\� li[�_-,)t:��ll�_-�11 1 ,�`,l`,1c111C1 1��11'.i illlill-I GC 1�J1�1115 Regulations Governing Procurement Contracts. ThE [1GE� Procnrcmcnt `�tandards are at :' t��I�}Z s��ir� `'�)0.3 1% tl�r��u�_h �(;f1.326. The standards fol- the allowability o'f pro'i�essional service costs are foui�d at�_C1 1� 20U.45�). Requirements for s�ipplies are set forth at'...,C,I R.��_0.,>.l_�.,.and equipment is covered by� `:,_��CZ ?_(�U 3l_;�. Additio��al information regarding the difference bct��eei� equipm�nt and supplies is provided below. What is important for the �wposes of this �uidai�ce is that sei-vices, supplies and � ec�uip�nent must' be p�u-chased or leased in coi��pliance vvith the l'GG Pr��eurei��e nt `�tandards. Additionally; EPA has rebulations at -1-0 ��1 i� 1',:�rt �3 (discussed below) requirin�that recipients i��alce good faith ei�fo�•ts use Disadvantaged Business Lnterprises (DB�). Some other EPA re;ulatio��s may establish pin�chasin�� requirement�s that apply to certain programs. These regulatioi�s ii�clude those fior .��:rf_�tmd �l��cilnieal ASs�stance Gra��ts (�1��G) (40 CTR_1'art >> `�i,�hpait_i��l) and �up��.�i�u�d C_��G�ur<��i��,_l��U C 1-I:_.Pait.7_� ,`�ul��a�t U.).. Ifyou are a recipient of a TAG or Superfui�d Cooperative Agreei��ent, review tl�e applicable rule to ens�u�e you comply with the specitic �-equirements for your assistai�ce agreement. Basic requirements for procurement system. The UGG's Procurement Standards are desi�ned to ens�n-e that purchases are made at a reasonable price ii� a fair a��d openly competitive �-vay. You must also document your procui-ement decisions in a mannei�that will ensure that the transaction has i��et I=ede1-al requirements. Many organizations that receive EPA financial assistance have their owi� pi•ocurement syste»�s. If you have yo�n- own system ��hich that meets tl�e i��inimum sCai�dards of the UGG, you �Z�ay use that systei��. If�your system and p�-ocuremei�t require��ents do not meet the UGG's minimum requirements you may ai��end the system or your procurement rec�uirements to meet UGG requirements. ]n any event, you must conduct your procur•ements in accordance with the minimum UGG requirements even if your own procurement system has less stringent standards (e.g. fo�-solc-sou►•ce contr•acts). The followii�g sections of this guidance are based on and provide cross-references to the applicable regulatioi�s and can help ensure you have a�� adequate p�-oc�u�ement system. These are minimum standards ai�d your or<r�nization may establish more coinprehensive procedw•es. 1. Your procuremenC procedures must be documented and comply with State, local or tribal laws and rebulatioil as �vell as Federal laws and the UGG. 2 CTR 200.318(a). (Note: This re�ulation anci the proc�u�e��e��t standai-ds cited below can be found here: ? C[�R �' �0 >l8 General ____ _�__________� 1.,�.;i)c��„e_��t_i:_t�t__st_�t��_cittr cls.) 2. You must oversee EPA-funded conU-acts to ensui�e contractors perform in accordance with the t'eri��s a��d conditions ofthe contract. �_C l:fZ�Ot)._�_1 S(1� 5 3. You n�ust avoid proc�u�ing unnecessary ol-d��plicative items and procure economicallv by � consolidatin�� or breal<in<r out items to obtaii� discounts. Leasi�� eq�iipment rather than purch�sin�� may be more eco��omical as indicated in the discussioi� below on equipment. -- C�i_h :.'.�1�� 1�,(cii_. — -- 4. L,PA enco�n�ages recipients to enter ii�to inter�overnmental or inter-entity agreements to competitively procure common ��oods and se��vices. ? Cf'R ?00.�I�(�_ For example, some states have cont�racts with ei�vironmental coi�sultants that local bovernments may also use to acq�iire consultin�� services without fi�i-ther competition. Two or more recipients or subrecipients co��ld also solicit offers for common services such as cievelopii�g web sites or laboratory analysis � ai�cl share the cost of the contract. Recipients should doc�iment how the costs are alloeated. the competitive procedures �ised to selcct the contractor, and the basis for selectin� the individual oi- tirm awarded the contract. �� 5. Recipici�ts sho�ild consider obtainin; excess o�-swplus Federal pei�sonal property t�rom the Gen�ral Sei�vices Administration in lieu o�f purchasing ��ew equipi��ent. �C�}�IZ?00,, I 8�ij_ Additional in�[ori��atioi� on obtainin� surplus �roperty from GSA is availablc at � hit ''�� <�_sa <��»�;�,i�it�l%cor�tc��t�104591 ___ � __ --- -- . . . . . . „ E�. Ifyou are cariyti�� out��l�constructioi� pi-o�ect,�co»s�der��using `'val�i�e enginceeing clauses��to rcduce costs. � �.�k=l� ?O(1.31„�.(��.� : "Value enbineering is a sysCematic and creative analysis of each cont�ract item or tasl<to ens�u�e that its essential fui�ction is pi-ovided at the overal) lo�-ver cost'� PnR"I� �8—VnI.UE ENGINEERING l�_tt��:i%�a_�a��.ecti�.��o�%c�7i.- ��in i c U�ic��l t'i f� 'W'.l� �t�gl_[.) 7/-�c f 3?cc18��f ��a��)6b976f6Sa0C�61 c�mc =t�u�:��n ��t �S,_I ��<S�r _.... _._ _.._.. ._ _.. __ _ 1'�1R"I��t� 1l�[��ll. 7. Lvaluate potential contraetors° performance histories, integrity records. and compli�nce ��ith � public policies ai�d laws. ? C1'EZ ?Q�,3 1_�_�i). Addition�l in{�ormation regai•din« ho�� to tind out ii� _............... .. �.... _. . a contractor is elibible to participate in �n EPA f�mded project is pi-ovided belo�-v under "Suspension ai�d Debarment". b. Dociu»ent the history ofthe procurement. Minimum record -I<eeping req�iirements include the `'. . . r�tion�lle tor tl�e meChod o�Fprocui•ement, seleetion of contract rype. contractor selection or rcjection, and the basis fo��tl�e contract price." '' CF'R ''00.31�(i�), EP/� recommends that _... � recipients develop detailed paper or electronic tiles for each procuremei�t action above the micro- purchase threshold. These files should incl�ide docum�ntatioi� of: a. Selection of contract t�pe (e.g. �f�ixed -price or cost reimbtu�sement); b. Independent estimate of the cost for the contract; � c. Solicitatio�� of bids or ofters and responses from potential contractors or sole-souree -��---• JUSu i icatiu7i: d. Deter��ination that the price is reasonable; e. Final contract includin� any clauses required by��I�ei�cl.�_�.....�.1_�>_��.t.�]_�..._�:::.�:.i.�:�; 6 i�. Amendments to tl�e coi�tract and contract administration actioi�s: and; ��. Good faith efforts to use DI3Es. More in�formation on these basic �rocurement requirements is provided below. Additionally, as required by ? C1=R :?QO �t�'i b,)„(;�) and �OO.��0� reci�ients ��ust have written procedures for determininb that costs are necessary_ reasonable a��d allocable to the EPA assistance abreen�ent. Recipie��ts should, foi-example. be able to docume��t why a�� EPA -funded contract is ��ecessa�y to car�•y out a particular provision of the scope of worlc for the a�reement Recipients must also have i��ter��al controls as required by �';,,_�;,:1:::_IZ?_OO._�0�'(_b;)(-1�J, ii�cluding proced�n-es to doc��ment that contracts were succcssfully performcd (i.e., goods and services delive�-ed ai�d accepted) and charbes to the agreemei�t for contractual services are accurate and doc�in�e»ted. 9. CPA is not a parry to recipients' contracts. The recipient alone is respo»sible for exe�•cisinb sound bl�siness judgment ii� administerinb contracts and scttling protests, disputes and contracto�- claims. Recipient�s must, ho��ever, refer violatioi�s of la� to the appropi-iate local, state or Federal authority. ?.(- l IZ_?t)t)__'I�!_I:�J_ Conflicts of Interest in Procurement. 1. �inancial Conflicts of l��terest. As provided at "Z CFR �.UO.�I�(c)(1): No employee, officer, o�-agent [of a recipient] may participate in the selectio��, awal-d, or administratioi� o1�a contract supported by a Federal award if he or she has a i-eal ol- apparent conflict of ii�terest. Such a conflict of inter-est would arise when the employee, officer, oi-agent any i��ember of his o�- her imi��ediate family, his or her part��er, or an organizatioi� ��hich ei��ploys or is about to emplo�� any ofthe parties indicated herein, has a financial or other interest i�� or a tan�;ible personal benefit fi�om a fii•m coi�sidered for a contract. The officers. employees, and agents of thc noi�-Federal entity �nay ��eithei- solicit nor accept gratuities. favors. o�-anythin� of monetary value from coi�tractors or parties to subcontracts. You must have written standards of conduct to implement these requirements. These standards may include exceptions �t hen tinancial interests are not substantial /or w�solicited bifts are oi� noi�ii��al value (e.g. cofl�ee mu«s. baseball caps. pens and rei�rigerator mabnets). Ilowever, recipients' codes of�coi�duct must include disciplinary actions for violations. Note: EPA tal<cs fiinancial conflict of interest violatio��s seriously as reflected �� =;I' ��; - - Re�i��iti�t C�;oi�tlict ��i lnt� ��t l'��li�..�..,. 'The Agei�cy may disallow costs for co��tracCs taii�ted by conflicts of interest whether the recipient has �dopted a code of conduct or not. 2. Orbanizational Conflicts of fnterest. Recipients other than state, tribal or local �overnments must also maintaii� ��ritten standards of conduct addressin<� or«anizational contlicts of interest. "Oi-ganizational conflicts of inlerest mea��s that because of relatio��ships with a parent company, aftiliate, or s�ibsidiary organization. the no��-Federal entit�� is unable or appears to be unable to be impartial in conducting a procurement action involving a related orgai�ization." ='_Cl i� ?U0.�I�(c��. An example of an or<�anizational conflict of interest is a situation i�� which a 7 nonprofit i-ccipient procures se�-vices from a l�or -profit aftiliat�e �-vith EPA l�unds. Guidance on relationships that malce two organizations at�filiated is available at :� CI�': i�0.9t):�. � I)isadvanta�ed �3usiness Enterprise (DBIE) opportunity. Under„kU C I� R_� �� _O l, a recipient must i��al<e �ood faith eftorts to contract �-vith DBEs �vhenever procw�ing construction, equipment, se��vices and supplies w�der�n EPA tinancial assisCai�ce agreement. The good faith efforts are req�iired methods to be used by ail I�PA recipients to r�pciii-r� I�F�i;S I;c i� �l�E` ��,.,�.�Y��{�11�.� ��, +� t.,.• ,�. r',..,,�,,,� i.., t.nn +:....._,.:,_t . �•. �,�,.� y v Cvi;;}�:,i., ,v, �iivCui'i',ii;i;i;i� iuiiucu v� i.rr� liuullGlcU � assistance. The regulations at 40 C1=1Z >;.501(��j require a recipient to ciocument its methods used to adhere to the good fait�h efforts and retai�� the documentation in t�he recipiei�t's records. Recipient's faiilu�e Co retai» proper doc��mentation i��ay constitute noncompliai�ce and resL�lt in remedial action as described i�� '�0 C1��R 3�.I 0�. Examples of proper documentation inclu�e. but are not limited to, emai] ]obs, phone lobs, electi•onic searches ai�d communic�tion. handouts at � confei-ences, flyers se��t to DBEs or similar records. In addition, ii�one oi- more of the goocl faith efforts cannot be performed, EPA reco��mends that the circumstances that have precluded the etforts be documented and retained in the recipient's records. In�a�cid�iti�on, ��r7di=� A C��0 C,FR ['<ti�t��33 req�iiires�that each��procurement�con��ct si�ned liy an ; EPA tinancial assistance abreement i-ecipient include the followii�g term and condition: The contractor shall not discriminate on the basis o�t�race, color, national origin or se� in ti�e performance of this contract. l�he cont�•actor shall carry out applicable requirements of40 CFR part 33 in the award and administration ofcontracts awarcied uncier EPn fiinancial assistance abreements. Failu�-e by the contractor to cari-y out Chese requirements is a materia) breach ofthis contract which may result i�� the terinination ofthis co��tract o►- � other lebally available �-emedies. EPA's Office of Sn�all and Disad��antaged Business Utilization (OSDBU) p►-ovides DSE � resou►•ces and Training at 6at��://e��r��.��i.;��alr��o��-�:a��l�-��i�,c��;��. The coi��petitio�� requirements discussed below must tal<e into consideration the eecipient's obligations under =40 C�R Part 33. Competition. � 1. You must, to the ma�ximum extent practicable, ensure open and f�•ee competition in ��our � purchasinb. �C�1=I� �700.�19. Some sitliations that are indicators o�f u��necessaril�� restricted � competition speciiied in the regulation inelude: • lmposing unrelsonable requiremei�ts on firms in orcler for them to compete to�� your i. „��i��.s�. � • Requiring iinnecessary expei-ience and excessivc bondi��g. � • Allo�vinb noncompetitive pricin� practices between i�irms or between affiliatec� companies. • Mal<inb noncompetitive awards to consult�nts that are on retainer contr�acts. 8 • Permittin�� or��anizatioi�al contlicts of interest. • Specifiyini7 only a brand name product instead of allowii�g an equal product to be offered and describii�� the performance of other 1•elevant reqiiirements of the � procw-ement. • 'Taking arbitrary actions that favor one tirm over others. a. Recipients may not �ise ��eobra�hic preferences in conductinb procurcmei�ts eve�� if those preferences ai�e authorized by state, tribal or local law. A Fed�ral statute must authorize the use o1�<�.eographic preferences. However, for architect�iral and engii�eerin;� (A/E) services. location may be a selection facto►• p�•ovided there are an adequate number of firms to compete fo��the conti-act. ?_�:'_�'_}Z__�'_OU,.;l_`.)(_E2�?.�. b. Under the l��clian Self-Deter��ii�ation and Education and nssistance Act (ISDEAA), as amended, 25 U.S.0 450-458ddd-2 tribal recipients may bive prefere»ce to lndian or��anizations ai�d to Ii�dian-owned economic e��terprises when awardii�g procurement co��tracts under CPA assistance a�reements.� EPA does not interpret the ISDC/�n to. in and of itselt; authorize sole source proc�u-ements with Indian orbanizations a��d lndian- ow��ed economic e��terprises. However, tribal recipie��ts may bive prefere��ce to these ei�tities when developing lists for solicitinb bids and proposals. c. Your written proced�ires fo�-competitive procurements must ens�u�e that solicitations clearly and accurately describe tech��ical require��ents, qualitative factors, and minii��um standards while avoidinb detailed product specifications that restrict competit�ion. You mav use '`brantl name or equivalent" for supplies aud equip��ent oi�ly if it is ii��practical or too costly to develop clear and acc�irate technical specifications. Recipients must disclose evaluation factors to offerors. ?_.C_l�_I� ?_OQ,3.1„9(c), d. Recipients may use pre-qualitied bidders lists o��ly iftl�e lists are pel•iodically updated, tal:e DBE consideratio��s into accou��t, and include enough so�u�ces (at least 3) to ensure maxii��um open and free competitio�� a��d sources ir�ay qualify durinb the solicitation period. :'_ C I�� 'UU 31�>(c1),. 2. Competition "l�hi-esholds. a. As authorized by ?_�:.._[�_I_Z 'QO..3.?_�.'.(�:.); recipients i��ay p�n-chase goods and services that do not cost more than thc '._C } R � `U 67 Micro-purchase threshold (currently set at $10,000 tor most recipients) without coi��petition provided pu��chases are eq�iitabl_y distributed amonb suppliers to the ��tent practicable, tal<ing DBE considerations into �ccount, ai�d the price is reasonable.� `' Indian Or!�anizations and Indian-owned economic organizations are defined at 25 U.S.C. 145?. 'The Office of Managei��ent and Bud��et raised the threshold for micro-purchases from$3,500 to$10.000 on June 20,2018 as provided for in the National Defense Authorization Acts(NDAA) for Fiscal 1'ears 2017 and 2015. Some institutions of higher education;their related or affiliated non-proft entities,non-profit research organizations or research ii�stitutes may have micro-E�urcl��se thresholds hi�her thai�$10,000 with the approval of their cognizant c� � (l)The ? C}��tZ ?UO.G7 micro-purchase threshc�id is periodically ad,justed for --..__.__...____._............. � inflation or statutoiy chan;�es and the most current threshold can generally be foiu�d at 1 edcra) �cquisition Re.tula�ic,�t (1�:11�) at 15 t I R `' I :}l.� (2) Micro-purchases are appropriate where marl<et forces ens�u•e that prices are � competitive (e.g. supplies). (3) Kecipients may not rnal<e a series of purchases in a rclatively short time frame �� i�rom the same source (particulai�l}� for professional services) in amotmts at or less tha�� the micro-��u�chase threshold or less to a��oid eompetition as that practice � wo��ld not lead to equitable distributioi� ofpw�chases from qualified sources. � Auditot�s i��ay properly q��estioi� compliai�ce with the UGG Procurement Standards in these ci�-cumstances. Recipients should mai<e a ��ood faith estimate of the amount of contractual services or products i�ecessary to perfiorm a particular activity over the life of the assistance abreemei�t and estimate the amount of the � contract accordinbly. � b. For purchases that cost more than the micro-p�n-chase tl�reshold but less than the 2 C1=�R 200.8�3 Simplitied Acquisition Threshold (cin-rently set at $250,000), recipients may --_ ------ � use 2_C1_IZ 2_OQ.3?0_�h) smali purchase procedures ai�d solicit ofFers frc�m an adequate _. _. �� i��im6e�-of sources,�tal<inb DI3E co��sicieratior�-s into account. withoui lormally advertisinb or otherwise p��blicizing tl�e contracting opportunity.`� (1) The 2 C._I=[Z,2QO.�b Simplitied �cquisition "1'hreshold is �enerally fo�ind in the _......_.___.__. I AR at��.._C�_}:IZ?,1_�%�, �tnd is }�eriodically adjusted to� intlation and stati�tof'y changes.10 (2) EPA's position is tl�at recipients must obtain docui�iented prices or ql�otes (e.;. by email oi- price list searches) �fi�om at least 3 three qualiiied so�irees to meet this requirement althou�h recipients may establish procui-ement procedul-es that � require solicitations ti-om more soui-ces. (3) You need not select the lowest priced item or service if it does not meet your requirements or you can otherwise demonstrate that the goods or services � available at a hibher price offer the best val�ie. You must, ho��ver,justify a � decision to purchase at the hi�her price and ensure that the vendor charges agency for indirect cost rlte negotiation. This practice is authorized by section ?17(b)of the�;DAA for Fiscal Year � 2017 and is codi�tied at 41 U.S.C. 1902(�)(2). � As of the date of GPl\ issued this versioi�of thc Guide.�18 CFR?.101 had not been updated to reflect either the � $I 0.000 micro-purchase threshold. `'The Office of Management and Budget raised the Simplified Acquisition Threshold to$2��.000 on June 70,2018 as provided for in the NDAA for Fiscal Year 201 S. � 10 f�s of the date of EPA issued this version of the G�iide.48 Cf"R Z.101 h�ul not been updated to reflect either the $2�0,000 micro-purchase threshold. 10 similarly situated customers the same price as it is offerii�g to you and documei�t that decision in the proc�u•ement file. (4) You do not nced to obtain bid or performa��ce bonds for purchases ii� amow�ts less than the Simplitied Acquisition Threshold. c. Procurem�nts in excess of the Simplitied Acquisitio�� Tl�reshold are s�lbject to t�he t��rmal competitive requireme��ts of� C1=F2 200.�19 and `� C1=h �'OU.:��ii<< j ,_i �_cl_) The�-e are t�-vo typEs of formal proc�u-ements—sealed bids a��d competitive proposals. � (1) Sealed bidding is appropriate whei� precise speciiic�tions can be developed and a tirm fixed -priced contract will be awarded to the responsive bidder based }�rii�cipally o�� price. The sealed bid approach to competitive procurements is typically only used for construction projccts, pui-chases of equipment widely available in the commercial i��ai-1<et-place, and procurement of supplies in bull:. (a) Recipients must solicit bids from an adequate number of potential contractors, tal<i��b DBE considerations into accoiu�t. (b) 'I'ribal and local government recipients must publicly advertise the contracting opportunity. Other recipients may use �veb site announcements, pre-quali�tied or general bidders lists that comply with `' C1=[� ?00.�19(cl), or simila►- means to solicit bids. (c) The solicitation would need to ren�ain ope�� at least 30 days as provided i�� 40 C:I�R 33.301(b) and the recipie��t should mal:e the U.S. Small Business administration and the U.S. Minority Business Development Abei�cy aware of the solicitation per :!t?„_C 1 1� 33.�O l�el), (d) Detailed 1-equirements for sea(ed biddin� a�-e set forth at _� Cl�1Z 200.�?0(c� If you do not inte��d to a��ard the contract to the lowest biddcr, contact EPA's Crant Specialist to determine if EPA approval is required �u�der?_CI=R 200.�24(b). (2) Proc�u-ement by competitive proposals is appl-opriate �vhen conditions for sealed biddin« ar-e not met and the recipient wil) award either a i�ii�m �fi�ed -price or cost -reimbursement contract. This tech��ique is typically used for acquisition of services ��1i�re the offerors' qualitications or tech��ical aE�proaches i��av be more important than price considerations. (a) Requests for proposals (RFI') must be p�iblicizecl and identity evaluatioi� factors. Publication techniques ii�clude �-vebsite announcements, pre-qualitied or general offeror lists th�t compl�� -vith � ��I_I�_��t)O.31�)(�i.), or similar transparent means to solicit proposals. (b) The RFP ��ould need to remain open at least 30 days as provided in �0 C(��I'__�7.301(b) and the recipiei�t should mal<e the U.S. Small I3usiness 11 adminisU�ation and thc; U.S. Minority Business Development �\�ency aware of the solicitation per�s0 C_ I�IZ 3 7.301(rl). � (c) Recipients must havc a vvritCen method l�or conductinb technical evaluations. (d) Detailed requirements for procureme��t by competitive proposals are set forth at ' C l (� _liO.;?Uj d!: (e) Note that as authorired by �? < I l�_2��) ��?O�ci)(5) recipients may use qualification basecl competitive selection techniques for Architecture and Engii�eering services �vhere price is not a selection factor p�•ovided the recipient negotiates f�iir and reasonable compei�sation with the A/E tirm. d. Recipients may request that the EPA review Cheir procurement systems for compliance � with the UGG Procurement Standards ancl th�is obtain an exemption fi-oin pre- procurement revie�-vs by EPl1. 2 C.'! �: �'C)O.:7?�}(c.��.. Otherwise, EPA may i•eq��ire that yo�� submit procurement documents for �urchases in exces� of the Simplified Acquisition �C(�res}�old�to�EPA for clea��ance prior to or u�fter conducting a competition. 2 C} R �00.3?`�l� 3. Long-term contracts. a. Recipients may enter into co��pet�itively-a�varded lon�-term (benerally not to exceed f�ive years) contracts for professional services or-equipment leases that include optioi�s for periodic renewals. li�the long-term contract precedes the EPA assistance agr•eement, recipients may use tl�at contract it�iC �-vas procureci competitively consistent with Federal financial assistance regulations (includin� DBE consid�rations) in effect at the time. The � ��se of such contracts in El'n assist�nce agreements does ��ot constitute sole source procurement since the ori�inal coi�tract �%as competed. b. Lo��term contracts that were aw�arcied without competition i��ay ��ot meet EPA's minimui�� requirements for compliance ��ith the UGG Proc�irement Standards. Additionally, out of scope moditications to cont�-acts in amounts that exceed the Simplif�ied llcquisition `I�hresholcl are subject to LPA approval as provided at 2 C_'F�IZ � ---- 20Q.�.�>.��(_��.1.�_�.)_�. � 4. Sole -Source Contracts. - a. Sole-source coi�tracts in excess ot�the micro-purcha�e threshoid should be rare. Potential justitications include ?(�0 _;=��)�I:�� I ). only one source has the ;oods or is able to — ---- pei-torm the service, ��UO �.�t)(f)( j, an emergenc) '(-1(%�>>0(�I�I�.J. EPA approval; or 200_�?0�1 (�) after soliciti��<r a number of sources the r�cipient reasonably decided COil��etitl011 W1S IIl1C�eC�LIaT�. �� b. EPA's ;�eneral policy is to require competition in accordance �-vith the I'rt�t�uie�m�:�nt _____ .__ :�t<ai�_cl�ii-cis in tl�� l.'E�G.for co��mercially available iten�s (ii�cludii�<� consultin« services). EP� recommends t'hat recipients consult with EPA p��ior to mal<in« sole so�n�ce procurements. Situations in which EPA may approvc sole so�u-ce contracts are ��enerally limited to those ii� which a patent, copyright, o�-equipment maintenance agreeme��t with the manufactln-er are in place; the se��vice o�� product demonstrates that an ite�� is available from only one firi��; or tl�ere is ai� emer��ency (e.g. a natural disaste�-) that �recludes competitive contracti��g. Recipients who procure sole source contracts without EPA approval do so at their own risl<. c. E,['A staff may not s��ggest, recoi��i��e��d or direct recipients to hire particular tirms or 111C�IVIa�Ic��S. d. EPA does not req�iire recipiei�ts to identify contractors in proposals. The fact that a recipient has named a contractor in its ��roposal as a "��artner' or otherwise doe5 not in ai�d of itself j��stify a sole-sou�-ce award. ]f_ at any ti��e, EPA fi��tls that a sole-source contract does not comply with EPA's interpretation of the UGG, EPA may disallow all oi- part of the cost o�f the contract as provided at ? CI�IZ ?Oil.:��,�. Contract types. You must decide which ty�e of contract is appropriate �ivei� the circumstances of cach purchase. You may use your standai•d contract types for contracts under your EPA assistance. Contract types include: l. Fiaecl-p�-ice contracts. Fixed-p�•ice contracts are used when there will lil<ely be eflective competition based oi� a complete pl•ocluct description ai�cl clear plans and speciticat�ion�. As provided at �'CFR_�00.�?0(c), i•ecipients must use tiaed pricc contracts in scaled bid situations. Recipients may use fixed priced contracts in other situations as well. a. There should ��ot be any signi��icant techi�ical or enC7ineerin�� ml<nowns. b. The contractor f�u�nishes the boods or services 1�or the fixed -price. and so as�ui��es si��nificant risl<. Pi-ofit is not typically stated oi� ne��otiated separ�itely. 2. Cost -f-eimbiu•sable eontraets. You should use a cost -rei»�bursemenl contract wh�i� it is not feasible to a��ard a tixed price contract. a. "The contractor's cost and proi�it are typically negotiated separately. "I�he contracror satisfactorily completes oi�ly the amount ol�worl< equivalent to the estimated c��st to q�ialil�� for the negotiated profit; tl�e contractoi� may not complete the entire pr�,ject. b. The contractor assumes less risl< than �indei-a tixed price contracL Alteri�ati��ly, you may negotiate a cost -reimbursable contract that includes a ccilin�� that may not be exceeded b��t requires completion oi�the worlc. 1�� this situation. the risl: to the co��tr-actor is inc��eased. 13 4. Time and Materials Contracts. Recipients m1y use "time and mlteri�is" contracCs only in cii-c�unstances in which no other contracting instruinent is available, �nd there is a cap on the amount of tlle conh�act that the cont�ractor exc�eds at its o�vi� risl:. 2 Cl��R ?00.a I S(j). A time -and -materials eontract is one in �-vhich the cont�ract price is the sum of the cost of materials plus fixed � labor houes th�t are "loaded�'�vith wages, overhead, and protit such that the contractor has no incentive to control costs. Additional information on time ai�d materials contract r��les is available at .-'..._�:..E:._�_Z..._�'UO,.; (�,(.J.�?t..--.'..?_�. � 5. "Cost Plus" Cont►•acts Pro}�ibited. Percentage of�coi�struction cost ai�d cost plus a � pe►�centage cost contracts provide an incentive �(�or the contractor to increase costs ii� order to increase protit. The UGG ['rocui-ement Standards pl-ohibit this type of contract. 2 C1=1Z _.. ?0O.;?�(d). � 6. Additional resources. � EPA has posted ai�swers to Frequent Questions on con�petitive procurement requirements at �1tf�S:��\\��\�A�C�)cl °OV��«1 dRIS��1<llltS-(lt)�ICV�-I�tiU<1I1�;C-��JI-��)-Q�-E;��l-SU��il�'��ill"C{-�O�1Cti E.��l- ____.. �... ... .. __.. ._.... _ ... ___� ......____ �_�___ _ ___�.._..__l.. ..._._..a. . 1 ___ �� assistancc_a��recmcnt-rc��ientti. Recipie��ts mav also conslilt with theii- Project Officers and � Grant Specialists f-oi•advice. Cost or price analysis. 1. Ur�c�ei• � �i�R ?00.32;�(a), recipie��ts n�ust per�foi•m a cost or-price analysis in con��ection with �..........................................._............ .... every proeure�r�ent action other than micl�o-purchases and simplified acquisitions, includii�g contract modifiicatioi�s.�� Price analysis inclucie� the comparison of pt-ice quotations submitted, mari<et prices, bid prices for tirm tiYed-price contracts or similar infori��ation. Cost analysis is the 1-eview and evaluation of each elEmei�t of cost t�� determine i-easonableness. 2. Recipients must mal<e ai�d document independei�t estimates be�Pore receivinb bids or pi•oposals. AdditiOtl�l �uldanCe is �vallable 8t liiiz�,� ��n u>_ucl �o��sit�s-�dei<�ult'liles�documenn.�14G�:�OOn��a�i pcil� 3. Undei-? CI�R ?00.��'3(h�, recipients must ne��otiate pl-otit as a separate element of cost for procurements other than micro-purchases, includinb sole -so�u•ce contracts �mder tl�e Simplitied AcquisiCion Threshold. 4. You must determine the method and depth oi�review based on the �t�acts surro�inding your partic�ilar situation. [=aetors to considel� includr the amount of the conti-act, th� extent of coir�petition, the types of goocls or services. and yoiu- experience in acquirinb comparable items. When competition yielcls pricin<� �-��ithin a reasonlble i-a��ae no further review may be i�ecessary. �L �_✓�i� ��l`v'�i;;ii iii:', v�i� iiiii'� iivi ici�iiii'c iviii1ai l;vJi Ot EJIiCC �tlizllyJCS lUi E)UICCIaSt°S Ill � amo��nts lower than the Simpiitied Acquisition Threshold recipients must ensure that the �� For procin�ements s�ibject to 40 Cf=R P�rt 35. Subpart(_)_ reci�ients must conduct a cost or price analysis in connection with every procurement as required by� ;�1 (�I '_ �.f�S�. 14 costs for these transactions are reasonable. :' C=F I: .'OU.�dt);,_ Factors for determi��ing reasonableness incltide arms-lei�gth bar��aii�in�� and marl:et prices foi-coi��parable ;oods and sei•vices. � E�F�1; ?UU. �0�. EPA enco�n-a��es recipients to document efforts talcEn to compare prices and other means of ei�surin�� that reasonableness of contracts in amounts under the Si��plified Acquisition Threshold. Yotu� procurei��ent records must doc�ime��t the basis for the contract price �'_Ci [: '(_)(� � I S(i„��. b. Whe�� competitio�� yields pricing within a reaso��able ran��e, no further review may be i�ecessaiy. In other sit�iations, recipiei�ts may condtict internet sc�rches to f7nd catalogue prices or service rates. 5. Additional information on cost or price analysis is available at Appendix A to this Guide. Limitations on consultant compensation. 1. By statute, F,PA may not reimburse recipients for compensatioi� they pay to individual consultants o�� an hourly, daily or other basis that has the effect of exceedii�g the an�ount paid to Federal employees at Level iV ofthe Executive Schedulc. The amo�u�t o�fallowable consultant co»�pensation is revised at� the beginnin�� of each c�lendar yEar when Oifce of Personnel Manabement(OPM) chai�bes the coi��pei�sation for Level IV of the Executive Schedule. 7'he 2017 Rate can be found here: S�alarv ��l�ablc \�o. ?U 17-1-:A. a. EPA has ii��plemei�ted the consultant fee limit at � {,�(�R I�O(L�)_and in the »�ost current Consultai�t Fee Term a��d Conditioi� in EPA assistance agi�eements. The term "individual consultant" is defined in section 3 of Grants Policy Issua��ce 04-04 which was published in the 1=e:deral Rc.<7istcr at 69 F c_ei_ h�<�__l y_��;U (,1pi i1_%. ?UO_'�j. b. All coi�tracts with individual consultants are subject to the Pr�,curcment Standai-ds in Subpart D of 2 CFR Part 200. Contracts or subcontracts witl� multi-employee firms for services are not affected by the consultant compensation limitation p��ovided the eo��tractor or subco��tractor rather than the recipient selects, dir�cts and controls i��dividual e��ployees providin<r consultin�� services. Recipiei�ts may i-e�er to Grants Policy Issuance 04-04 at 1=ed�� l_I:L��trr <<t ��)_I ��i 1�� . I�>>b( _fi ��il 7. ?0� for additional information. _ c. When tl�e eo��sultant fee applies ol-tei� involves complex issucs. E,PA e��coul•ages recipients to contact their Grai�t Specialist ifthcec are any questions. � Software and other intellectual property You may copyright any sottware or��i�itten material that is subject to ec�pyri<rht and �vas developeci, or foi•whicl� ownership ��as purchased, �mdcr an award. EP;� reserves a royalty-fi�ee, nonexclusive ai�d irrevocable right to reproducc, publish. or otl�erwise u�e the worl< for Fedei-al purposes, and to authorize othe�-s to do so as provided at ' t FR =(�(�.,a I_�_ I� �ebarment and Suspension I. You must ensure you do not award a contract io any perso�� (organization or individual) tlebarred or suspcnded or otherwise excl�ided (excluded) from or ii�eligible for participation in Fed�ral assistance programs. �inless you have obtained ai� exception fi�om EPA under 2 CFR � I S0.I�a. Exeluded individuals are also precluded fi•on� acting as principals on conti�acts d��t _..._ � EPA ti�nds. L;PA�s defii�ition of�princij�al is found �t 2. �1 f� _l > >?,_�)9�. . , 7, fl'n �i�;•;t�yi tl�<i< <I�F� F„'�'c"�� ;:�� '��„i `y'vii iiiii,iiii iv u0 viiSiiicSS iS ii0i cXCiiiiicii 'y'vii Citi'i: a. Checl< tl�e S��st��in i_�,r �1�a��rc1 Mana��ci�ient �SA;�1�; b. Collect a eertii�ication from that person documentinb that the person is not excluded; or c. Acld �l clause or coi�dition to the covered transaction with that persoi� indicatin�� that not being e�cluded is a condition of the agreemei�t. L:�'A stron�lv recommends tl�at recipients check SAM. � 3. When searchinb SAM, search by the �laine o�fthe contr•actor, not by 1;ency, to ens�ire all �� cleb�arre�d, suspended�or�otl�e�r�vise�excluded contractors are found.��EF'n recommends�that�you� � �� search using the multiple names search function. a. Some debarred contractors are ineligible unde�-only certain programs. You must checl< the cause and treatment code to detEr��ine the ci�•c��mstances related to each conu�actor. b. If your se�lreh quec�� provides possible ��atches, EPA reco��»�ends that you contact the agency that imposed the suspension, debarment or exclusion to cletermii�e the effect of the action a��d to ens�n�e a match. 4. You must also ensure your subrecipient or contractor complies with 2 CI'R f'arts 180 and 1532, �-vhen using EPA i��inds and info�•i��s each person �vith whom they do busi��ess with at the next lower tier ("' C�I��R `��ti� � 1�0 >>0) ofthese requirei��ents. To pass down these __ requirements. you must include a term or condition in lower-tier transactions requirin� lowei--tier participants to comply �,vith subpart C of2 GTR Parts 180 and 1532 ("' CI�_[Z `�c�ti��i� l �,�_�? ,>;�_�). Additional information regarding recipient and subrecipient responsibilities to ei�s�u�e Chat e�cluded entities cio not particiE�ate in EPA fiinancial assistance pi-o;rams may be tound in the �� General �ferms and Conditions ("I�&C)"Suspension and Ueb�trment" in the pass-throu�rh entitv s � a��reement �-�ith EPA. Required Contract Clauses. �_k�l'��!� �� >< <�� l�[��..>>�1it � tu -�0 C E R Pa�t �; specify the elauses that must be _ iiiCiLiiCu iii yOLi� i��r�-iiiiliicii Cullii-�tCi�. 1 IIC f��Lllt'CI"IlelllS V�ll'�/ 1��15E"Cl 011 Tll� iIIYIOUIIT OI Lll� cont��act and the type of activities yo�� will carry out under the EPA -fiu�ded agreements. 16 Supplies. Supplies are tanbible personal property other tha�� equipment with a per -item acq��isition cost of $5000 or less as provided at �.._�:.:_}.:._�.:�.._-'�:?.�:�.:.`.��:�• 1. Electronic devices i��cludin�,�; laptops, �ersonal computer-s. tablets, �nd cell phones with a per- item acquisition cost of less than b5.000 may be classitied as supplies w�less the reci}�ient's p�-ope��t�y manag�me��t systems classily these items differently. Recipients may define such items as equipment to ensiu-e they are tracl:ed in their invei�ton� systen�s. 2. You must follow the UGG Procurement Standat-ds �.vhei� purchasing supplies. Micro- p�u�chases ii� amoui�ts o�l�$3500 or less �vithout competition are per�r�issible since competition i�� the commercial marl<et-place is lilcely to yield reasonable prices, a��d recipients nu�st equitably distribute purchases among sources by rotatin� vendors. Recipients, however, should consider usinb small purchase procedures to obtain bull: p�n�chase discounts for supplies that will be used in large quantities. Equipment. 1. Cquipment is defi��ed at :' C i lZ �(�(� �_� as tan��ible. noi�-expendable, personal property having _..... __. a usef��l life of more than o��e year and an acquisition co,t of$5,000 or more per unit, although the recipient may establish a lo��er dollar a��iou��t thresh��ld, tl�ro��bh its w►-itten policies and procedu�•es. This catego�y includes only equipment the recipient proposes to purcl�ase as a di�•ect cost. (a) Eq��ipment also ii�cludes accessories a��d serviees included with the purchase pi•ice necessaty for the equipment to be operational. (b) P�n-suant� to ? C1�fZ 2U0.�=(�9�1��'�. reci�ients must ha�e prior EPA approval for equipmei�t purchases. � 2. You must follow the UGG Procurement Standards when purchasinb equip��cnt. Cquipmei�t service or maintenance contracts (not included in the p�n�chase price) that are procured separately i��ay be subject to competition ui�less the terms of the equipment warranty require that the o�-i�inal eq�iipment mai�ufactw�er service or m�i��tain the equipment for the warranty to be effective. >. Short- or lo��b -term Ieases oi�equipment may be mor�° cost-effective than purchases oi� equipment. llGG requirements for equipment rentals arc fo�md at ? CI�R ?00.-�(i�. Even though �PA practice is to bu��et equipmcnt 1e��sing costs in the "Other" categoty, equipment rental contracts are also subject to the UGG Procuremenf Standards. Unique Requirements for Construction Contracts. 1. Some EP�1 programs that fund consU-uction. alteration and repair of f�acilities such as Bro��ntields, Superf�u�d. and State Cleai� Water a��d Drinl:ing Water Revolvii�� F�u�ds are subject to prevziling wage requirements relating to thc Davis Ba�on Act. Recipients should carefully 17 revie�-�- the terms and condit'ions of their assistance agree��ents for information rc��ardin� compliance ��,ith this important req�iireme��t. � 2. Constr�iction a��d facility improvement contracts in amounts exceeding thc Simf�litied Acql�isitioi� Threshold must ensui-e th2t EFA's interest is protected throt��h boniiin��. ?_CI��R �_'OU.�`_'�. _..� ___ _.........._..........._.... 3. You m�y request that EP/� accept your bondi��b policies by submittin«the bon��in�� policies to � }�our Grant Specialist to obtain approv�l by a�� a�ithoi-ized EP� ofticial. If E,:PA has not approved � }�c��ii° Fx�iicies. E�onding musi meei ihe foiiowinb stanciaras as provicieci at 2 CFR .?(ali._�?.�(��)_{l��) � ��nci. (_�=�1.�.. (a) Bidders must provide a bid guarantee equivalent to tive percent of the bid price. The bid guara»tee may be a �fu•i�� commitment such as � bid bond, certificd checl<, or other negotiable instrument accompanyinb a bid to ensure the bidder will accept aw�lyd of a contract if you aecept the bidder's bid. � (b) S�iccessfui bidders must provide a performance bond for 100 pei-cent of the contract price to ensure ful�tillment of the contractors' oblib�tions under the coi�tract. (c) Successful bidders to provide a payment bond for ]00 percent of the conti�act price. A payment bond ei�sures payment as required by stat��te to all perso��s supplyinb labor and material under the eontract. �in�le and �PA audit. � If you spei�d .`6750,000 or more in a year in Federal tu»ds, you must obtaii� a single or program- specitic audit in accoi-dance with tl�e req�iirements of 2 C f R Pa�t ?0�_.�i��.�,u t l !�u�lit _... I��iiii�_i�lct�t�:. � I . If you receive only one federal ;rant and elect to do a probram specitic audit, it is lil:ely yo�u� auclitor will re��iew your purchasinb practices under EPA's grant. If you elect to have yoiu� auditor coi�duct a sin�le audit, the auditor may review your EPA grant purchases. 2. EPA's Oftice of lnspector General or the Government Accountability Oi�tice (GAO) may conduct an alidit oi�your EPA br-ants. EPA a��d GAO auditors are lil<ely to revie�� yo�u� purchasin�� sy�tem as well as yo�u� pui-ch�ses. These audits ��ill be planned and performed in such a �,vay as to build upon worl< performed by your a�iditors. 18 Appendix A: Conducting a price and or cost analysis Price Analysis A priee analysis is an evaluation of a proposed price, without rebard to the conti-actor's separate � cost elements and proposecl protit, to determine the price is reasonable. Although the UGG does not require price analyscs fior contracts less than the simplif�ied acquisitioi� thi-eshold, a price analyses may be usei�ul in docui��enting the reasonableness of co»tract costs. The followii�� g��ide will assist yoii in completing price ai�alyses. Cost I',stimate—f1n inde}�endent cost estimate for the supplies, ec�uipment, or service you will � be p�u-chasii�<r. This estimate may be based o�� such things as you and your stafPs eaperience with siir�ilar p�u�chases, a revie�-v ofcatalo��or off-the-sheli�pr•ices available on the i��ternet, prices or costs for similar services, or other relevant information. If detailed plans a��d specitications fior a tiaed price contract arc developed for bidders, the person oi• i�irm developing those plans should develop a detailcd ii�depei�dent price estimate. Additional buidance is available at I��tiG�S ;%�-�� u�ai�i � ��,��tc��, d� l��ilt_1 il��,c;;:�cuments/i S6�/300inaa.pdf Comparison of Prices—Compare prices obtained from catalogues, s��ppliers, or bidders to your independent estimate. Price Reasonableness-- A. If the offeror or bidder's price appears reasonable based on your independent estimate, and other appropriate ii�formation, purchase the supply, eguipment, or service. B. If the ot�feror or bicldei's price is si��niti�ai�tly higher than your indepei�dent estimate, review yo�u� requirements to detei�mine whether uni�ecessary, overly restrictive, or complex req�iirements caused the hi<rher than eapec[ed E�rice. (E��ei� if the price is si;nificantly lowcr than expected, you should i�evie�� the statcd requirement or plai�s and specifications to ensure they are complete and will result in the suppl��, equipment, or service yo�� need.) It ��ay help, i�� i��al<ii�g yo�u� dctermi��atio��, to talk to those providii�g quotes or bids. I . If; after this evaluation. you detcrmine the price is reasonable, conside�°ing the circumstances. purchase the suppl��. equipmei�t. or service. 2. lf you determine inappropriate r�quire��ents for the supply, equipment, or service resulted in an unreasonabic pi�ice c�r the pricc is unreasonable, mal<e adjustn�ents and obtain ne�-v ofters or bids. C. You should ensw�e that the coi�tractor i� charging you the same prices as other similarly situated customers particula�-ly ii� sole -so�n�ce situations. Agreeing� to pay an excessive price for 19 a good or scrvice that you purchase with EPA tui�ds may lead to disallo�-vance of the cost for the item even if yo�� are able to justiiy sole source procurement. Cost Analysis n cost an��lysis is the evaluation of each major contract cost cate��o�y ro determine reasonableness of each cai�eboiy and of the tot�l cost of a coi�tract or chan«e order. A cost revie�v � may be done Linder��eboti�ted cost type contracts. not l�ixed-priced contracts. Cost categories � incl��cle personnel, frii��e bene�fits, Tra�iel, subcontraetin<�, indirect costs. pi�otit ancl the lilce. � �I,o obtain the infoi-mation you need t�o conduct a cost analvsis, you must require your oi�fei•ors to provicle cost data with their offers. EPA does not provide a form foi-this pric� data, so unless yoli prescribe �form, offerors m�iy submit tl�eir cost data in any approp�-iate tormat. The offe��or sl�ould certify that the information reflects complete, current 1nd ace�irate data. � The following is a bene�•al list of cost categories ��ntler which contractors may submit cost informatio�� and buidai�ce on how you sho�ild evaluate each category: �'ersannel Costs—Costs fo�• labo�r�dif-ectly�relateci t� Che cc�ntr�act:� �� For Txample the offeror will lil<ely provide information that lool<s lil<e this: � Catego►•y �"��11�'`��d s ��0��= Personnel Cost Hours Rate Professional 300 x $30.00= $ 9,000 Nonprofessional 2000 x 25.00= 50,000 Clerical 800 x 15.00= 12,000 Total Direct Personnel Cost $71.000 Consider: , �1. Whetl�er the level of effort or the total amo�int of tin�e proposed is consistent with the effort required to complete the contract. B. The labor ��ix or the labor categories proposed to ensure they are consistent with the diffic�ilty and technical nat�u•e of the worl< - professional versus nonprotessional versus clerical. C. The proposed salaries, incl�idi»b reasoi�able escalation tactors to ens�n�e they are consi�tent with the o�f�ferors' �ctual pay scales. Ge��er�lly, the conver�ion ofi annual salaries into hourly rates � is accomplished by dividinb the ann��al salaiy by 2,087 hours (ass�u»ing ai� 8-hour worl< da��). i:i;ibc Lc;i2iii�—i�ci SOiiii2i I,GJLJ V171C1 iil�til till�iUyCCS� uu'l'Ci 5�11�U-)� UI' E7�iV (LC;.. ('ill�l0\�;1'�S � portion of F1CA insurance, r-etirement, sicl< leave. holicla�� pay. a��d vacation cc�st. While these costs ai�e normally accumulated i�� a pool ai�d allocated usin�� percentabes as shown belo��. ofiferors may calculate actual ti-inbe benetit costs f�or e;ach employee who will worl< on your job. Either metl�od is acceptable if applied consistently. 20 I;xample: �stiTnatecl Total Categoey �,1•�i�be Benefit Rate � Hourly =Fringe Benefit Amount Pa�� Prof�ssion��l 10°io � $9,000= $ 900 Noi�profc ssiona110% x 50.000== �,000 � Clerical 10% x 12.000= 1_200 'I�otal F►•inbe F3enef'it Cost $7,100 Consider: �1. Whether the fi-in��e benefit rate applied to the direct laboi• base con-esponds to i�ringe benefits available to each of t�he proposed labo�•categories and are consiste��t with tl�e offeror's established benefits pacl<age. E3. Whether the offei-or's F1CA and unemployment insiu-ance are applied only up to the maximum salar�� limits established by stat��te, ifany. Indireet Costs — Indirect costs ai•e costs which ca�v�ot be charged to a project spccitic activity. Some contractors may have federally approved indirect cost rates fi-om a cobnizant federal audit agency. You may allo�� the contractor to charge the approved r-ate if it covers cost- i-eimbursei��ent contracts. lndirect costs often ii�clude office space, equipment depreciation, and personnel costs for clerical pools. e�ecutive salarics. a��d administrative support. �ach organizatioi� deter��ines the costs it �vill include in its indirect cost pool, and the organization must treat the costs the same if the circumstances al�e alil<e. Indirect costs are allocated to the partic�ilar contracts based on a t�lir n�ethod of approximatii�n, gei�erally a perce��ta;e of 1 specific set of dii-ect costs ui�der tl�e contr�ct. Indirect costs are also referi•ed to as overhead or burden costs. Indirect costs shoulci be logically grouped and coi��pared to some part or all of the or<ranization's direct costs (the base). �I�he most popular base is di�-ect labo�-; however, there are instances ��here an equitable allocatioi� cannot be made using this base. �xample: Categor}� Rateh ��-ect Labor = Cost l�ase Indirect Cost �0% x $71.000 = $35,000 Total lndii-ect Cost $35.000 Consic�e�• if the vendor does not have a federally approved rate: A. Whcther the allocati��n base is an equitable basis for distribution. 21 Q. Whether the proposed overhe��d r�it�e is the same as th�t used for the contractor's other contracts. Travel and per Diem Costs—T��ravel costs include trai�sportation, per diem or subsistence, and other 1•easonable travel rel�ted items directly related to the coi�tract. �xadn��le: �...,,,�.,,,,,+. +;,,,, Nu►nber of� idsate ��e:r• _ , � i�n�iot�vi�t'�aiwi .1 — HIIIVUIII � 1Vliles Il�lile POV Office to,job site and return 50 � $ .�0= $I 5.00 POV Oftice to EP/1 and return ?0 x .�0= $6.00 � Transportation Origin llcst � Flibht to attend contract related m�etin��Dallas Waco $210.00 � Per Diem Number of Itatc per �3ays �a�� 10 Y $7�.00= $750.00 � Total Travel and Pci• Diem Cost $991.00 Consider: A. Whether the proposed travel is necessaiy to complete the coi�tact. B. Whether all peopl� travelii�b on a trip �re necessaly. C. The cost per trip. D. Whether the per diem or subsistence allo�vance is the same for othei-travel by the offeror's pei•sonnel. � You may use fede�-al per diem rates for comp�lrison purposes. � Supply, Material and Equi�ment Costs—Offerors �-vill otten have costs for supplies, material, � and equipment (items with 1n acquisition cost of`65.000 or i��ore), materiaL and siipplies directly related to the contract. EYample: Cost per_ Ites�3 Quai�tit3' x Item �os` �� Recording [3arometers Sx � 455 = $ ?,275 w'ind T�u�i�ine Generator i x (i.;%U = 6,3�%U Incr�mental Water Sx 1.600 = 8.000 Quality Sample�s � Al�u��inum Tubinb 1500 fit.x .70 ft. = 1,050 22 ltem Quantity x Cost per_ Cost Ite117 Miscellaneous ?�o� Supplies Total Equi��ment, Mafei•ials, Supply Cost $19.g00 Consider: A. Whetl�er the proposed equipme��t (itei��s with a �init acquisition cost of$5.000 or more) is needed to con�plete the contract. B. Whether it would be better to lease or �-ei�t the equipment as opposed to p�n-chasing it. C. Whether p�-oposed materials and s��pplies are needed and the cost appears reasonable. Subcontract Costs—Subcontracts ar�contracts awarded by your contractor. �aample: Cost Tyj�e Price Tota1 Contract Costs$150,000 Yrofit $15,000 Total Cc�st $165,000 Consider: A. The procedures for cost review of contracts i�� excess of the simplitied acquisition threshold are the same as for a prime contract so you will need detailed cost infori��ation. Q. For contracts less than the simplified acc��isition threshold. you are not required to conduct a cost anal��sis but such an analysis may be useful in documentin« thc rcasoi�ableness of the cost for the subconh-act. (Pro�t for offerors and subcoi�t�ractors should be evaluated based oi� the protit section below). Pf-ofit— I'roft is the �i��o�u�t paid to a contractor above the total co�t ol�the coi�tract. You should ensure that contractol-s of nebotiated conti-acts are paid only f�lii� and reason�ble profits. a, required by?_C1_R 2�C).;�:?;�(l�_). proiit must be a separate �lement of pi�ice whe�� there is no pi�ice con�petition. �PA does not interpr�t this requirement to apply to micro-piu-chases made on a tixed priced basis. As provided i�� 2 CFR 200.323(b): 7�� establish a faii- and reasonab)e protit, coi�sideration must be <7iven to the complexity oi� the wo��l< to be performed, the risk bo��ne by the contractor, the contractor's ii�vestment; th� amount of subcontracting, the q��ality of its record of'past performance, �nd ii�dust�y profit rates in th� s�u-ro�u�dinb geographical area for simila�� worl<. ZJ - �Yam�le: Cost Type Yrice � Tot�il Direct & Inciirect�l�0_000 Costs Yrofit $10.0�0 "Cotal Cosi S 16�.000 Conside�•: A. The offeror's risl<. Generally, the ��reater the risl< the conCractor assumes, the higher the rate of profit. Contractors assum� greater risl:s on iixed-price contracts involvii�g complex or dif(icult tasl<s as opposed to cost reimbin�sement contracts. � B. Profits may also be hiaher if the contractor incurs si��niticant capital costs, exercises �� considerable ingenuity, or does indcpcndent developmei�tai worl<. � C. Pei-centabe of construction cost and cost p(us a percentage cost eontracts provide an ineentive �[�or the contractor�to iiacrease costs��in order ro��increase ��rofit. These�con�t�°act types n�ust�not be �� used. Cost Review Finc�ings Atter you complete a required cost revie�-v. you must dete�•mine whether the proposed eontract cost is reasonable. lf thc individ�ial items are reasonabl�, the total cost is reasonable. A. Ifyou find an i��clivid�ial cost is not rcasonablc, you should discuss the cost with the � contr�ctor. If, based on the conh�actor's justitication, you and the eontractor i-each abreement that the cost is reasonable, accept the cost. If you and the contractoi- a�ree tl�e cost is excessive, nebotiate a reduction to a reasonable �mount and �ccept the cost. B. If you cannot a�ree with the contractor concernin�r the reasonableness of proposed costs, reject that conCractor's offer. I f the next best offer meet< yo�u�requirements, yot� should revi�w � proposed cost� information for that contractor. Follow th� s�me review and nebotiation process as above for the new cont�-actor's proposed costs. Doeumentation Docume»t all actions ii� conducting each price or cost analysis. Ensure all price and cost reviews � are described and retai��ed in your records in aceordance ��ith yo�ir recorci rete��tion requii-ements or EPA's. 24 To�ti�n Co�mcil Meetin�� TOWN OF TII3URON May 20. 2020 °� 1505 Tib�n�o�� Boulevard A«enda Iten�: CC-3 � � Tiburon. CA 94920 , . � � . 'T'o: Mayor and Members oftl�e Towi� Coui�cil F'rom: Depai�tment of Adi��inistrative Services Subject: Consider Approval of February l 9, 2020 Town Council Minutes � Reviewed By�: �; �� F��'r� ��;,( _ �. _Gre��Chanis,Towi� Manager _ Benjamin Stock,Town Attorney __ sUNimaxv Vice M�yor Thier has p��ovided the Cou��cil a redliiled copy ofthe February 19, 2020 Town Council meetii�g min�ites with recommended revisions for the Council's consideration. R�COMMENDTD ACTION(S) 1. Revie�v the recommei�ded revisions and consider adoption of the F�bruary 19, 2020 Town Council meeting minutes, as amended. BACKGROUND At the Mav 5. 2020 Town Council i��eeting, Vice Mayo�•Thier aslced the Council to consider several rcvisions to the Februaiy 19 meeting minutes. Vice Mayor Tl�ier requested appi-oval of the minutes be delayed until the next Tow�� Council meeting and offered to provide a redli��e of hei- i-ecommended revisions. The redlined minutes are attached as Txhibit 1 for the Council`s consideratio��. ANALYSIS � No further lnalysis provided. FINANCIAL IMPACT Staff anticipates no direct tiscal i»>pact to the Tow�� by adoption of lhis item. �NVIRONMENTAL R�VI�W T'0��1�1�' OT�TIBURON P:�GE 1 OF 2 Stal�t�has preliminarily determined that adoption ofthis item is st�tutorily exempt from the requirements ofi the Califoi�nia Enviroi�mental Qualiry Act (CEQA) pursuant to Sectioi� 15378 of the CEQA Guidelines i�� that it does ��ot constitute a project w�der CFQA. I2�COMM�NDATION St�lff recoi��mends the Town Council review tl�e J�ecoi��me��ded revisions and consicler adoption of il�e Februa�y 19, 2020 Town Council meetii�g ��inutes, as �mended. � �� Exhibit(s): I. Draft Februaiy 19,2020 Town Council Vleeting Minutes(redlineci) � Prepared By: Lea Stefani,Town Clerl< To�� o��'I��iit ao�� P:�E�;r:2 or2 EXHIBIT 1 : TowN cou�vcii. � SPECIAL AND RF.,GULAR M�F,Z'INGS DRAFT NfINUTF..S SPECIAL MI.CTING —7:00 P.1VI. On Febr��ry 19, 2020, th� Counci( held a special meetin�� as ��ollows: CALL TO ORll�R AND I20LL CALL � Councilmember Kulil<, Councili��embei- Welner, Vice Mayor Thier, Mayor Fredericl<s INTERVIEWS FOR VACANCI�S ON TOWN BOAI2DS & COMMISSiONS � • Ernie Ccrvantes (Parlcs, Open Space and Tr�ifs Commission) • Ti�r�othy Burr (Parl<s, Open Space and Trails Commission) � ADJOURNMENT—to i�e�atlrri•meeti�2�7 REGULAR iVIEFTING -7:3O P.IdI. � Mayor Fredericics called the regulat- meeting of the Tibin�on "I,o��n Council to order at 7:35 p.m. � on Wednesday, Febru�u�y 19, 2020, i�� Town Council Chambers. 1505 Tibin-on Boulevard, Tibur-on, California. ROI,L CALL I'RESENT: COLTNCILMEMBERS: Fredericl<s. I<ulilc, �l�hier, Welner ,�BSENT: COUNCiLM�ME3ERS: One Vacant Seat PRES�NT: EX OFFICIO: Town Manager Chai�is. Town /\ttorney Stock, Dir�ector of Pl�blic Works/To��n En��ineer Barncs, � Director ofAdministrative Services Sweitzer, Accounting and Finance Mai��er Kural<ina, Town Clerl< Ste�l��ini � ANNOUNCEMENT OF ACTION TAICEN IN CLOSFD SI.SSION II� ANY � ORAL COMNIUNICATIONS fhere were none. CONS�NT CALENDAR Pa�e I of�7 Toii�n Cozn�cil%l�litlartes #02-202i) Februcn•v l9, Z020 CC-1. CaIPERS iDR Claims P�-ocess—Adopt Resolution establishing a procedure to file and malce determinations regardin<� employec disability applicatioi�s with CaIPERS (Depai�tment of Adminisu-ative Services) CC-2. Iuvestment Summa�y—Adopt investment sumi�iai�y 1�or monCh ei�din« December 31. 2019 (Department ofAdminisU�ative Services) CC-3. Mirnicipal Code An�endments— Adopt Accesso�y D��-ellin�� Ui�it & Junior �ecesso�y Dwelling Unit amendments to Tiburon Munieipal Code and adopt i�esolution repe3lii�g previous standards (Community Development Department) CC-4. Loeal Emergel�cy—AdopC Resolution continuing the declaration ot�local emergenc� related to damage caused by February 2019 storms (Departn�ent of/ldministrative Services) CG�. Special Vacaucy—Announce special vacancy on Marin-Sonoma Mosquito & Vector Control District Board of Trustees (Department of Administrative Se rvices) CC-6. 2020 Storm Drain Rel�abilitation Project— Authorize the To��n Manager to award the contracC for the project to Miksis Services for$399,80�} and to increase the design contract b�� 15% (Department of Public Woi-lcs) Councilmember Welner requested Cor�sent Calendar Ttem No. 3 be removed for discussion, and Vice Mayor Thier requested Consent Calendar Item No. 6 be removed for discussion. MOTION: To adopt Consent Calendar Item Nos. 1-2 & 4-�, as ��ritten. Moved: Kulil<, seconded by Weh�er VOTE: AYES: Fredericics, Kulil<, Thier, Welner ABSEN"r: One Vacant Seat CC-3. Municipal Code Amendments—Adopt Accessoiy Dwelling Unit & Junior Accessoiy Dwellinb Unit amendments to Tiburon Municipal Code and adopt resolution repealing prcvi��us standards (Communiry Development Department) Councilmember Vdelner drew attention to the letter th�t had been received re�arding the pro}�osed ai��endments and ask�d the Town Attori�ey to comil�ent. 'l�o��n Attornev Stocl< said he h�d analvzed the letter and felt coni�ider�ce that the Town's ordinance complies �a�ith tl�e newly enacted le��islation. Mayor 1=redericics opened the tloot�for public con�m�nt. Therc ��-as none. MOTION: To adopt Consent Calendar ltem No. 3, as ��ritten. Moved: Welner. seconded by Kulilc VOTE: AYES: Fredericks, Kulil<, Thier, Welner ABSENT: One Vacant Seat � Pngc ? qf 7 Tnri�i7 Cot,mcil�llinrNcs #02-2020 Febrt�ur�, 19, 2020 CC-6. 2020 Stor►n .Drain Rehabilitation P�-oject— Authorize the Town Manager to awai-d Che � contr�et for the project to Miksis Services �for $399,804 and to ii�crease the design contract by � 15% (Department of Public Worl<s) Vice Mayo�-Thier asl<ecl about the 1�% increase for conCinbenc�� puiposes. Director ofi Public Worl<s/Town Enginee�-B�rnes said I 5`% was a standard contingency. "Thier asl<ed that the Council be provided with the entire draft contract for fut�u�c award authorizatioi�s. Mayor Fredericics opened the filoor for public comment. There ��as none. MOTION: To adopt Consent Calendar Item No. 6. as written. � Moved: ICulil<, seconded by Welner VOTE: AYES: F�-edericl<s, 1{ulil:. Thier, Welner A�3SENT: One Vlcant Seat ACTION ITEMS AI-1. To�vn Audit Report— Recommendation to accept and �(ile the Town's FY 2018-19 F3asic �� -� Financial Statements�and��Ir�clepci�tlei�t Audit��'�s Re�or-t (T�epactment�of Administrative � �� -- � � Services) � Town M1nlger Chanis gave a brief staff report and introdl�ced Ralph Marcello. Mr. Marcello thanl<ed the Council for the opportunity to do the audit and spol<e briefly abot�t seve►-�l points in tl�e report. - He spoke about three vlriables that can a�1�Fect the "I"own's government-wide financia( statement's net position (or"net worth"), includinb the depr�,ciat'ion e�pense, pension plan expense and liability, and the OPEB plan expense and liabiliry. Mr. Marcello said Che Town's Gener�l Fund revenue was up 2°io, and G�neral Fund eapenses inere�sed over 20% primarily due to the OPE.B and pension teust contributi�ns. He said Capital Improvements increased 20% over the prior��ear. � He s�m�ma�-ize�l by stating the Town ap�ears to have met its goals for revenue and continues to set aside reserves for a variery o1�pr�ojects and commitments. and s�id the Town's fiinlncial � statements are presented in accordance with ��en�rally acceptin�� accounting principles. M�yor Fredericl<s opened the tloor l�or public comment. There ��as none. �� MOT10N: To accepC the Fiscal Year?018-19 annuai tinancial audit, 1s prepared by Marcello � & Company, C.P./1.s. Moved: Kulilc, seconded by Thier � VOTE: AYES: Fredericl:s. Kulil<_ `I'hier. Welner Pa�e 3 �f�7 Tntit�» Cotu�c1l1L1iniNes #02-2020 Fcbrt�ur�- l9, 2020 AI-2. Integrafed 1'est Management Policy— Discuss ai�d assess the c�u-rei�t policy, determine ii'additional review oi-amendments to the �olicy are necessaey. ai�d give direction on next steps for any updates, if desired (Department of Public Worl<s) Director of 1'ublic Worlcs/Tov��n Engineer Bar�nes said staff is asl<ing the Council to consider several options to mal<e updates to the Integrated Pest Managei�ient ("IPM��) policy E�;� ;�e#`�==tl�e —— ---- �;�c�(i�.�.....�.�?.._�'_{�5,� . He said the policy ��as adopted by the Council in 2014, but specitically »ames Round Up Pro as the product' to spot spray invasive species. Ne explained Round Up Pro w�s added to the Proposition 65 list ii� 2017, and the To»n no longer uses it. Bai-nes also said staff had discovered that. aft�r 2014 �doption. a draft version of the policy was then posted to the Town's website; which included several intcr��al conflicts, but this was the version staff had been following. Barnes said the Town has been using a product called Lifeline in place of Round Up 1'ro. He explained how this product was ultii��ately selected, including an analvsis ofi other options that were considered, but found not feasible, effective, or safe. He also e�plaincd to the Council the spectru�� of hazard labels on such pr-oducts—danger. �varnin�. and caution. He said the current IP�M policy aims to eliminate the more hazardous products but permits Lifeline ��ith a "caution" label. He pointed out that some of the non-synthetic or organic products considered I��ve a more hazardous IabeL He said moving away fi-om Round Up Pro increases costs and decrelses eff�ecCiveness, but Lifeline is the n�ost effective herbicide that i��eets the Towi�'s curr-ent IPM policy. Director Barnes said staff reviewed at least nine IPM policies of oCher jurisdictio��s, and many are lil<e Tiburon's, but some allow chemicals or war��ing labels that Tiburon's policy does not, and od�ers are "learning to live with weeds". Mayor I=redericics asl<ed about the Town's aeneral vegetation management }�olicies. Director Barnes clarified that the Town has moved away fi-om usin� herbicides ii� o}�en spaces where protected species al-e, and that tl�e Town does not have s��fficient statl�or voll�nteers to do removal by hand to mitibat� both invasive species or �tire hazards. He explained costs have gone up si��nif7cantly in recent years. Councilmember Welner aslced about the fiscal ii��p�ct of no lon��er spraying i�ear picnic areas. Barnes said it would be insigniticant and believed the intei�tion oi�thc ori�inal policy was to include picnic areas. Counciln�e�»b�r Kulil< aslced Barnes ro comment on the toxicitv I�bels. Barnes s��id Lifeline carried a `caution' label. He said another or��nic and i��ore �;xpensive product us�d by another cit'y was of hiaher acute toxiciry. Vice Mayor Thier noted that this to�iciry �a��s differe��t Chai� long-tcrm envii-onmental toxicity and said a more in depth discussion ��ould be a}�propriate. The Council discussed the biological mechanisms ofthe active chemicals and thr sai�ety studies dot�e to date. Page 4 of 7 To�-i�t� ('ntrt�cil/L1ini�uc,s �?OZ-2020 Feb��i�czrl J9, ZOZO VICe May01'T�11E1 s?C?I tt� ; t?t!' �1 ii �� t. Il�t:'s��llx�ii C�z,�<; 7�Ist,.�� :��;c;f'i ��Ul' � I��t',�€i]G �lSIS clt:Cl�i: CEi'i't�i�l�. _...... _. _..._ ___ -- --- . _.:_ _---- ---.. _ _. ' I�i��1L7C�ilLll�E S�)c i l�li' cili �I f� s,I'i. �I`�� . �il�(��l�e �il�s� �}`t�lt,i t'C�WI�I!11.7(t� �E?11i,1�t ��t� it>1�E.si�"��f�4J _.. _. � _._.. __ _.... _._. __..... ......._._. .. ._......._. � about other methocls the �I,own has atten�ptccl ��<?t t 1��}a�othe�-_jurisdictions have uscd. Barnes � cited an example attempted locally and said other jurisdictions tl�at are i�ot using herbicides have more w�eds. Mayor Fredericics opened the i�loor foe }�ublic comment. Rilca Gopi»ath, member of the Nlarin County IPM CoiT�mission, spol<e i�� support of reviewinb � the current policy. She said the Town's staft�report was inaccurate in that the County's increasc of herbicide use increased by only 37 ounces. She said this year �isage has dropped, and the County has also moved away �fi-om using the organic prodl�cts for sin�ilar reasons stated tonight. � Alison Pence believed the Town's vegetation mana<�ei��e��t plan has never had enough fundinb � and perhaps more staff should be hired for proactive protection against the weeds. She s�tid there � is a bigger picture for how the Town manages public space and hoped the Council would refer the IPM policy to the Parl<s. Open Space and Trails Commission. Welnet�asl<ed the Council if tl�ere w�s inter-est in specitically directing eithe�•staff or thePOST Commission to explicitly add an amendment to the policy that explicitly prohibits spi-aying neae picnic tables. Mayor I'1•edericl<s felt that Chc Council needed to 1-eview a sin�le c�ocument th�t �ccui-ately r-eflected the Town's current practice. "I�o��n Mana��er Ch�nis reiterated the staff's recommenclation to either send the entire policy to the POST Commission for a Cl�orough review or direct staffi to returi� to the Council with an adjl�sted policy tl�at fixes the current inconsistencies and re�flects current practice. Vice Mayor Thier said a lot had changed since the �olicy was first adopted in 2014, and that it was time for a coi��prehensive review of the IPM p��licy. She did not agree with simply updating the policy and felt � more thoughtftil consideratioi� ofall fiactors should be considered. She said � she does not believ� th� I o�n i5 follo��ing the 1P1�1 policy, tl��i tI �, Il��,t ��5 ��3t to ��il.��. �...... � 5�1"tl1'lil�? ��IE l{� € �� ;1� I�I i �I� I€iz,P'I��C7�. 811C� t�lill aC{C�It1011c'1� Stc'Iff�t)! t1'4'L;C{ITIs.? OI'c'1 COI111711SS101I � may be necessa�}�. She f�vored sendin� both versions o'f the policy to the Parl<s, Open Space and Tr�ils Commission a: �.� �t;,n� li.��i il:.�i ��l ,� �:,�� ,��I�� (E3E�1�:_��t��t1��' �1z��t � ��1;��`�, I'.�rk�, _ _._. _...._ �.%tl�ti�'s31ti �. ;ZII� � ��i' �l ci__'_ E 1,.[_� ��l ! ilE` 111;'� '! tili �i� �� ;111€ -i 31't1\3.1'�i �?z.I��ttilC�i,7 df'�; C�{illlt5. Fredericl<s said the Council is attemptin�� to adhere [o a policy to find the least toxic solution to weedin� and vegetation mana��en�ent. She cited se�eral toxicity studies and the Council's dise�lssion should be about��°hat is an acceptable pi�licy considei-ing all factoi-s oi�risk, iise of resotu�ces, and lost oppoi-tunities for other services. She commented that these discl�ssions were usually held in the context of bud�ct. Kulilc asl<ed if the Town is ctn-rently spr�ying Round Up �t any time. Barnes said no. Kulil< asl<ed � Ba�-nes��✓hat a revision to the adopted polic� would loolc lil<e to bring in line with c�u-r�nt practice and eliminate cotifusion betweei� the two documents. F3arnes said revised langu��e Page S of 7 Toi�i�n Cozn�cil�vli�nrlcs #t02-20?0 Febrz-rur�- 1'�. 2020 would ii�cl�ide removal of referei�ces to Round Up Pro and clarilyin�� langliage abo��t areas spraying is prohibitcd. Kulil: said he was strucl< by the comprel�ensiveness of d�e existing polic_y, and spoke about fiindin� a balance betweei� sal�ery, ir�vasive species. fiire dan��er. and aestheCics, at�d it falls to stai�f to balance resoiu-ces, eff7cacy of practices and safety throu��h policy and acceptable i-isl<. 1-�e said he believed sCafif's altruism in their application of the 1PM policy and was in favor of clea��ing up the existinb policy t� bring in line ��%ith current pr�cCice. Councilmember Welt�er agreed but raised Che point of still referring the policy to t'he POS�I� Comi��ission for a more thorough i-eview. Vice �Mayor Thier made a motion to refer the matter, and both versions of the policy, to the Parlcs, Open Space and Trails Coi��i��ission ��vith ciireclion to co��tluct a review of�the Town's policy. The motion failed. MOTION: To direct staff to amend the aclopted ?014 Int'egrated Pest Manage��ent Policy to address the language concerning Round Up. sprayin�� i�� picnic areas as well as the spraying at Town Nall and Police station ai�d t-eturn that document to the Coui�cil at the March 4, 2020 Town Council meeting. Moved: Kulil<, seconded by Welner VOTE: AYES: Fredericl<s, Itulil<, Vv'elner NAYS: Thier ABSCNT: One Vacant Seat TOWN COUNCIL REPORTS Mayor Freder-icl<s spol<e about the �ipcoming �0`�' anniversary Earth Day event. TOWN MANAGER R�PORT Town Manaber Chanis said he�vould be out ofthe office the i�ollowing weel<. W�EKLY DIGESTS Received. ADJOl7RNMENT There bein; no fi�rther business before tl�e Town Col�ncil of tl�e �l,o��n of Tiburon, Mayor F��edericl<s adjoti�rned the meeting at 9:45 p.n�. ALICE FT2EDEI:ICKS. MAYOK ATTEST: Page 6 of�7 'lo�i�ra Counci1119inuJes #02-21)20 I,ebri�ur�� 19, 2020 � LEA STEFANI. TOWN CLERI< , J'u�e 7��f 7 Tolrn Coi�ttcil.�1di�2t.Ncs '%(12-2020 Fehrztar�%19, _7020 �I�own Cout�cil Meetin�� TOWN OF TIBURON May 20, 2020 � '� 1505 Tiburon Boulevard A�'ci�da Itei��: CC - q- � � Tiburon. CA 94920 . _._...,. . � , . To: Mayor and Members ofthe Town Council From: Office of the Town Manaber Subject: Recon�i��endation to Appi•ove a Tiscal Year 19-20 Bud�et Ame��dment in the amou��t of$477,549.79 related to the FY 2018 Various Streets Paving Project. � Revie��ed BY: '��r'' ��. � Gre<>Chai�is,Towi� Mana er Benjamin Stocl:,"l�own nttornev SUIVIMAI2Y � � � Payments for the Tiseal Year 20]8-19 Various Streets Pavinb Project were made in both FY l 8- 19 and FY 19-20, witl� all of the funding for the project included oi�ly in the FY 18-19 Bud�et. Council approval of the recommended action will align the f�u�ding for the project with the Fiscal Years in which the payments were actually made. R�COMMENDED ACTION(S) Staft�reeoin�r�ends the Council authorire a Fiscal Year 19-20 Budget Amendment in the amou��t of$477,545.79, with the fi�nding for the pro��osed amendment to come fi�om the following so�u�ces: • RMRA: $3,328.33 • Street In�pact Fund: $474,217.46 I3ACKGROUND This budget amendment is for co��tracting, constructio�� mai�ageme��t and legal expenses related to the 1=�iscal Year 18-19 Various Streets Pavii�b Project (Project 1 f�-ST-O l). This project ��as desi��ned with money allocated and approved as part ofthe FY 17-18 ClP C3udget. Subsequei�tly, the I=Y I�-19 CIP Budbet included $1,395,819 for construction ii�om the follo��in�� so�n�ces: • RMRA (SBl) Fund: $53,693 • Street li��pact F��nd: $1,342,126 Construrtion oceurred in the s�nni��er of 2018 with an a��ticipated contract project completion date of Septei�iber 4, 2018. The contractor failed to meet compactio�� req�iirements on two roads and ret�n-ned to cori-ect the pavinb in May and June of 2019. At that time. staf�f ai�ticipated all payments would be made befo��e the bool<s were closed fior FY ]9. Ho��ev�r_ the Contractor sou��ht payment fo�-the i-eworl<_ which delayed iinal payment on the contract and added costs. includin�r those related to Construction Managei��ei�t a��d Le«al Expenses. As a result, tinal TO��'?�� OI�TI[3URON PAG� 1 O}�2 May 20. 2020 payment was not made in FY18-19. but rather it ��as made in TY 19-20, and incl��ded the followinb elements: � • Payments to the contractor due ui�der the oribinal scope of wol-1<—$432,393.32 � • There �-vas a minor contract to ai�other coi�tractor to tix survey monw��ents disturbed by the project - $7,000. • Additional Construction Management - $18,782.79 • Legal costs related to the project - $I 9,369.78 Total - � 477,��>.79 Statf is requestinb Co�mcil �uthorize a Fisc11 Year 19-20 Budbet Amendment in 2he amount of $477;545.79, with the f�inding for t�he proposed amendi��ent to come ft-om the following sources: • RMRn: $3.328.33 • Street lmpact Fund: $474,217.46 ANALYSIS The oribina) constr�iction contract amount was $1,087,272.25. In addition, Co��ncil approved up � to 15% contingency for chan«e oeders, for � tot�l expendit�u�e a��thority of$1,250,362. The total ofi�p�ymei�t�s to�the contractor was�$I,I 37,253.92, 4.6% over the�contract amount; ai�d�9% below� �� the total expenditurc authority. 'The constr�iction mana;ement costs foi•the project did not exceed the construction managemei�t contract amount, despite the construction conti•act overr��ns. The ori;inal additional budbeted contii�gency 1or construction was sufficient to cover all extra costs on this proiect. Therefore, even thougl� a budget a�nendment is needed due to the timinb of this payment, the project ��as completed �inder budbet. FINANCIAL IMPACT As noted above, full f�undinb �for this project was ii�cluded in the FY 18-19 CIP Budbet adopted by Cou��cil. At the end of FY 18-19, une�pended flu�ds were returned to their original so�n-ce (RMRA-SB 1 Fund, ai�d Street Impact }=�und), hut wel-e i�ot reallocated as p�u-t of the FY 19-20 (Cin�rent) Budget due to uncertaint'y at tl�e time rebardinb final payment on the contract The action req��estcd by Council Coday essentiaily m�lces that reallocation now, aligning the expenditures on the project �vith the fiscal Year's in which ti�ey were made. R�COMM�NDATION Staff recommends Council authorize a Fiscal l�ear 19-20 Budget Amendment in the amow�t of � $477,545.79, with the fundin�� for the proposed amendment to come from the followinb so��rces: • RMRA: $3.328.33 � Sireet fmpact F�und: $474,217.�4C Pre�ared Bv: Greg Chanis.Town :�lanage � To�� o}�TiHt:ao�� Y:acr 2 or 2 Town Co�incil Meetin�� TOWN OF TIBURON May 20, 2020 �" 1505 "l�iburon Boulevard A�e��da Item: 1�1 - 1 � � Tiburon. CA 94920 . �_,�.... . � � . To: Mayor ai�d Members oi�tl�e Town Coui�cil From: Department of Administrative Services Subject: Consider Reappoii�tmei�t of Comi��issioners and �ppointments to Fill Vacancies on �To�-vn Boards and Comi��issions � Reviewed By: �`�,-� �'<,�C . Greg Chanis,'To��vn �'lanager Benjamin Stock,Town Attorne SUMMARY The"Town Council appoints board and commissioners to stab�ered, 4-year terms on tl�e Town's boards, commissions ai�d coi��mittees. Most terms expire annually on Februaiy 28 ofeach year. Tonight, the Council will conside�-mal<ing reappointments to board or commission members who seel<anotl�er tei-i�� or appointinb new appl icanis to o�ei� seats on tl�e Heritage &Arts Com��ission and Planninb Commission. RECOMM�ND�D ACTION(S) 1. Consider reappointment of any boa►-d or commission members whose terms expired on 2/28/20. 2. Consider appointment of new applicants to Yhc open seats. 3. Direct staff to continue accepting a�plications f'or any seats tl�at remain vacant. BACKGROUNI) At t�l�e Janua�y I5, 2020 regular To��n Council n�eetin��. Mayor Fredericl<s announced the current and pending vacancies on To�vn boards. commissions and committees in the comi��g year. Pw-suant to To�vn Cow�cil Resolution No. 1(-2007 (App��i��tmei�t�s I'1•ocedure); the Town Clerl< published a Notice of Current & Pendin�� Vaca��cies on B��ards & Commissions (Exhibit 1) in the Ar°k (Janua�y 22, Januarv 29 and ��ebruary � editions). and posted it at Town l-Iall, the Belvedere- � Tiburoi� Libraiy, and on the "l�o��n�s ��ebsite. �This notice serves to inform the public of Che current and pending vacancies and invites applications for these positio��s. It is reg�llar practice of the "I�o��n Co�u�cil to ��al<e their annual appoi��tn�ents to all boards and commissions at the flrst regular meeting in March. Accordin�to Town Appointme��ts Procedure, � the Council may only make appointments if all ne�� applicants have been i��terviewed by the � Council. Priol-to th� March 4 "l�o��n Council meetii��_ the Coimcil was able to interview all i�ew applicants for the open seats except the ne�� applica��ts for the Heritage & Al-ts Comi��ission and Planning Commissio�� seats. TOWN OF TIBURON PAGG 1 O�3 TonibhC, a�fter intervie�vinb the new applicants �f�or the posiCioi�s, the Coui�cil will consider reappointment or ne�v appointment to thc Fleritage & Arts Commission and the Planning Commission. The T��vn Clerl< cont�acteci the current commission members whose terms expired � on 2/28/2020, ai�d they all notitied the Town of their interest in seel<ing reappointment to another tern� (Eshibit 2). The tert��s oi�the followii�g commission members expircd on Febru�uy 28, 2020: • Herita�e �i A�-ts �ommission — Leoi�or Noguez (seel<s ��e�;�r�oint�,�e�,tl • I-leritage & Arts Commission -- I<enna Norris (seel<s reappoii�tment) • Planning Commission —Jeff Tsai (seel:s reappoii�U»ent) ANALYSIS Toi�ight, the Council is asl<ed to co��sider reappointmcnts or new appointi��ents to seats on the Heritage & Arts Commission and the Planning Commission. ror these seats, the Council has interviewetl the following applicants. Their applications are attached as �xhibits3-7. Plannina Commission (inteeviewed 5/20) • Paul Mo�u�ani • Richard Wodehouse liez-ita�e & Ar�ts Commission (inierviewed 5/20) • Victoria Millei- � • Patricia Ferrin � • Jacel< Sochan Toni�>ht's Appointments The Coui�cil may �-eappoint all current commission members seel<ing rea�point��ent by one motion. If all incumbents are reappointecl, the Council should consider appointinb a new applicant to the �follo�vinb open seat: • Heritabe & Arts Commission (i vaeancy) � lf vacancies remaii�, the Co�u�cil should direct the "I,own Clerl< to reopen the application period(s) and accept applications and schedule intervie��s ��iCh the Council for any of the remaining open seats until the seats are filled. A summary of possible actions is providec( in the tigure below. Reap oii�t lncumbent And/Or Heritage & Arts Leonor Noguez Coi�sider Ne�a� Appointment (3 vacancies) Kenna Norris �cce�t More A lications Planning Commission ,)ef f Tsai Consider Ne�� Appointment (1 vacanc � Acce t More A lications To�� o��T�riuizo� P:ac�i�:2 or 3 I'INANCIAL IMPACT Staff anticipates no direct i�iscal impact to tl�e To�vn. ENVIRONMENTAL R�VI�W Staff has preliminarily determined that adoption of this itei�� is statutorily exempt fi-om tl�e require�nents oi�the California Environmental Q�iality Act (CEQA) pursuant to Section 15378 of the CEQA Guidelines in that it does not constitute a project under CEQA. R�COMMI;NDATION Staff recommends that the Town Council: 1. Consider reappointment of board and comi��ission ��e��bcrs that seelc reappointme��t, 111C�llalil�: a. Herita��e & Arts Commissi��—Leonor Nobuez l�. f-leritage & Arts Commission — 1<enna Norris c. Plannin« Commission --JelfTsai 2. Consider appoinUnent (by separate Council motions) ofthe following individuals: Richard Wodehouse (Planning Commission), Paul Mo�u�ai�i (Plan��ing Commission), Patricia Ferrin (I-I&A), Jacel< Socha�� (H&A), Victo�•ia Miller(H&A); or 3. Direct statt�to continue to accept applicatioi�s and schedule i��terviews for any rei��aining vacancies at a future To�vn Council ineetii�g. F,xhibit(s): 1. 1�`otice of Pendin��Vacancies on Town Board,Commissions&Con�mittees—Ja��uary 2020 2. Emails from E3oard or Commi�sion men�bers conceriling reappointment 3. Richard \V�odehouse Application [�9aterials 4. Paul Nlourani npplication Mat�rials 5. PaU�icia Ferrin Application N9aterials 6. Victoria ��liller Application ��l;�terials 7. .lacel: Sochan ��E�lication Mat�rials Pre�ared By: Lea Stef�ani.l�o��n Clerl< "I'o�� or T��3ciio�� P;�c[�. 3 or 3 EXHI � l� 1 �-� � :��,. y � ,, ��. , � - , ��, . �� l 1 . ..�. ....�. �...,. .�i' , TOWN OF TIBURON NOTICE OF CURRENT & PENDING VACANCIES on Town Boards, Commissions & Committees Januai-y 2020 BELVEDERE/TIBURON JOINT RECREA"I,ION COMMITTEE BELVEDERE/TIBURON LIBRARY AGENCY BOARD OF TRUSTEES BUILDING CODE APPEALS BOARD DESIGN REVIEW BOARD HERITAGE & ARTS COMMISSION MARIN COMMISSION ON AGING PARKS, OPEN SPACE & TRAILS COMIVIISSION PLANNING COMMISSION X X X%Y X X X The follo��ing vacai�cies on Town Boards, Commissions and Coi��mittees are currei�t or pending in 2020. Pursuant to Resolution No. 16-2007, tl�e Tiburon Town Council �vill conduct interviews of inte►•ested applicants beginning in February 2020. Current commissioi�ers��hose terms are cxpiring may seel< reappointment for another term; commissioners who have served terms of less than two years are eligible 1-or automatic re- appoii�ti��ent. A�plicants should be residei�ts of the Tow�� o'f Tiburon a��d have the time. interest ancl desi��e to serve on the board or commission, incl�idinb attendance at re<�ular monthly i��eetin��s and other activities. Som� commissions are comprised of residents of both Tibw�oi� and Belvedere, o�-the "l�iburon Pc��insula. Applications can be obtained at Town Hall (1505 Tibw•on Boulevard) oi�online at �v��-��.tow-nottiburon.or�,�. Yo�� may also coi�tact Town Clerl< Lea Stefani at Istelani%�i�to�vn��ftibu��o��.or� or(415)435-7377 for more information. Ao�plication Deadline: February 13, 2020 at 5:00 P.M. � TOWN OF T1I3URON NOTICE O1� CURRE;NT � PGNDING VACANCIES ON 130ARUS, COMMISSIONS & COMMITTI;CS JANUA/?Y 2020 13ELVE;UERE-TIBURON JOINT I2ECREATION COMMITTGG (THE RAN('H) A>>ointee A � ointed Te�•m E��i►-es Erin Bw-ns 2016 2/29/2020 � B�LVGD�RE-TIBURON LIBRARY BOARD OF TI2USTGI'S A>>ointee __ A�pointed __ Term �xpires -- — Jeff Foran 2013_2016 6/30/2020 BUILDINC CODG AYPEALS 130ARD ------_______------- � Appointee Appointed Term Expires � Vacant since?O l 5 2/29/2020 UGSiGN7di:l'lEdV 13OAlal; A >>ointee A >>ointed Tei•m I:x�ires Biyan Chong 2008; 2012; 2016 2/29/2020 Suzanne Kim� 2017 2/29i2020 HERITAGE Sz ARTS COMMISSION A �ointee A �ointed Term E>>i►•es Vacant since 2018 2/29/2020 Leonor No�uez 2017 2/29/2020 1{enna Norri� 2015; 2016 2/29/2020 MAR1N COMMISSION ON AGING � Appointee _ A>>ointed Term Gspi►-es Sue 1<��entus 2017 6/30/2020 PARI<S, OP[:N SPACE ANll "TRAILS COMMISSION A>>ointee A ��ointed Term E;� �ires � Phili Feldm<�n 2008; 2012; 2016 2/29/2020 �ingel� �Vlclnernc�� 2017 2/29/2020 PLANNING �ONlMISSION Appointee A�pointed Term T'xpires � -- - — - - Jeff Tsai -- --- 2017 __ _ 2/29/2020 ---- - :`,l��poirz�ee.s ii�hu hrn•e.sei•recl�erms of 2,peai�s or less ure elioible for atriomn[ic reappoinhnei7� ` :A�o sel!ei•nr limil Co��ie.s�o: TJ�e Jrlt l(or pirblication nn 1/22, 1/29, anrl Z/S/2020)nnd:1=/nrin/nde��encleni Joi�rnal V�olice Postecl m I ibrrror� Toirn H�rll ancl Bel��edei�e�7�ihr�ron l_ibrcu� EXHIBIT 2 Febr��ary 13, 2020 � Vi�� Er»ui1 (l.ti�tc��mi��lotii�rn�fiibzn�oi� o�) � Lea Stet�an i To��-n Clerl: Town of T'iburon Dc;ar Ms. Stefani: 1 ��rite to express my g�atitude to the Tow�� Council for the privilege to serve oi� our to�vn's Planning Commission and to request consideration for appoii�tmei�t to a new term. Sinee 2017. I have been an active participant on the Commission, ai�d 1 have diligei�tly �vorl:ed to positively advance prabmatism and resp�ct fior Tiburon's residents and future. � As you I<now, Tib�n-on is a crown jewel in Marin County. My wife and I moved here with � our children several years ago and quicl<ly found a community in which we could permai�ently set down roots. As o�n-girls have continued to f7otn-ish in Tibin-on, so has our app�-eciation for our decision to call �I�ib�u�on o�u- home. And it's that sense of appi-eciation th�t contributed to my �� original interest in serving oi� the Planning Commission, and it drives me today in seel<in� re- �p(�OIIITIII�IIt. l am fortunate to have tl�e opportunity to serve in varioiis volu��teer capacities in "�fiburon and Marin Coiinty, a��d I consider my service on the Planninb Commissioi� to be my most meanin<>tul. ]f provided the opport�inity for a renewed te�-m, I will continue my eftorts to honor the Town's history, its residenCs, and oLir vision I�or the f��ture. "I'hanl: yo�i again f�or the consideration. Veiy truly yours, Jeff sai From: Leonor N To: Lea Stefani Subject: Re:Term Expiration-Heritage&Arts Commission Date: Wednesday,January 22, 2020 9:28:08 AM Dear l�ea. Happy New Year! "I�hanlc you for the hcad`s up. YES! I want to re��ain o�� the Heritage and Arts Commission. Please Ict the Town ki�ow that 1 would be ve�y grateful if they would appoii�t ��e for another term. "l�hanl<s 1��ain. Best re;�ards, Nora Oi� Jan 22, 2020, at 9:15 AM, Lea Stefai�i <lstefani atownoftiburon.or��> wrote: Dear Nora: My records indicate that your current term on the Heritage &Arts Commission will expire on February 7_9, 2020. Pursuant to Town Council policy, the Town would like to hear from you whether or not you are interested in seel<ing appointment to another term. Either a letter or an email will do. I will advise the Council of your decision and they will be able to act accordingly. Please let me I<now by February 7, ?_020. We appreciate your dedication and service to the Tiburon cornmunity. Thanks, �ea Lea Stefani Town Clerl< � Town of Tiburon (415)435-7377 Istefani(�townoftiburon.or� � From: Kenna Norris To: Lea Stefani Subject: Re:Term Expiration-Neritage&Arts Commission Date: Saturday, February 8,2020 7:15:32 AM � 1�1i Lea. � 1 apolobize fior the not respondi��g. Yes, 1'd lilce to seel: ai�other term. Th a n I<s. 1<en n a Oi� Weci9 Feb 5, 2020 at 12:02 PM Lea StPfani <lstefani cr'to��tr�ottiburon.or<�> ��rote: � Hi Kenna, � Just followii�g lip with yo�� regai•dinb v�other term on the I-1&A. Do you Icnow if you will �� seel< another te�•�I�? 7'hanl<s. t_.ea Lea Stefani Town Clerl< � Town of Tiburon (415)435-7377 Istel�ani�i�to��no'�tiburon.or�� F�•om: Lea Stefi�lni Sent: Wednesday, Janua�y 22, 2020 9:16 AM To: (Tiburon H&A Commissioi�) Kenna Norris <I:ennal:noi�i�is'«�tmail.com>; I<enn�� Norris <I:nori�is!�i to��noftiburoi�.or�7> Subject: Term Fxpiration - Herit�be & Arts Commission Dear I<ei�na: My reeorcls ii�dicate that yo�ir ctu�rent term on the Herita�e c� �1rts Commission will �xpire on February 29, 2020. EXH I BIT 3 �� _�� 3 �z �� `��r�� ,;,�, �� .,� �¢ � � ° �.�� °i��a�� 3��,� `��r��, �� . ;� �r ;� �� i�e° �,� ��` � '�= Istefani@townoftiburon.or� �� .�� .��" „� ��>��g��77 TOWN OF TIBURON COMMISSION BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk � � Fu„ Na,Y,e: Richard Wodehouse oate: 1 /27/20 , �� _ ��%, , Please indicate your areas of interest in numerical order: � Planning Commission � Parks, Open Space & Trails Comm. Design Review Board B�I-Tib Joint Recreation Soard Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging . Affordable Housing Building Code Appeals Board �� '�e � r • � � ``��; � � . . �J k .,�� Address: 2356 Spanish Trail Rd Street Address Apartment/Unit# Tiburon City State ZIP Code Phone: 415 944 0278 Ema;,: rewodehouse@gmail ��,�� ; %�� . ' � , �� 4� Prior experience and knowledge that will be pertinent Desire to have some influence in future development of town Concern for status of downtown business district � " �ya�� , �e� ffi � � � � � � � � �. �� ..�� . � � I would like to contribute to the betterment of the town I live in. I often have ideas, some worthy I have been a builder and developer of properties for over 40 years. First in San Diego County, then Telluride and Aspen Colorado, then currently here in Marin County. I have participated in the building or development of approximately 270 homes, large parcels of open land as well as ranch buildings. I have been president of a homeowners association comprised of 35 homes in which great advances were made during my tenure. I have served on two DRB committees. (I prefer to be on planning now). I am currently president of the board of directors of Tiburon Belvedere Residents United to Support the Trails. Our current attempt is to save the Martha Property as open space, or at minimal that the trails be open to the public. It is our long-term goal to be stewards of the open spaces and create a network of trails on our near-by open spaces. Public Disclosure Notice: Submitted application materials constitute a public record and may be publicizea in their redacted form as part of Town Council meeting materials. Richard E Wodehouse PO Box 211 iburon. CA. 94920 Cell: 415 944 0278 WEST COAST P R O J E C T M A N A G E M E N T � N C. Professional Project Manager ��,� Owner s Represeniative -' Certified in Mediation CA. G.C. Lic#305719 F�bi-uary 13, 2020 Town of Tiburon Town Council RE: Application fol- a seat� on Plannir�g Commissi�i� � This is n1y third time applying for a position on the Planning Comt��ission. On the application I have listed reasoils why I think I would make a good candidate and also why I am interested in benefiting the towil however I can. � If you have another calldidate that you thinlc �ts youi�needs better at this ti�ne, I am fine � with that and will apply next time a vacai�cy appears. � � Here is sonle bacicgi-olind ii�formation that 117ay be of interest, I thought this would be Inor'e 1-elev�lnt than a��fori��al resuine. I was born in 1949 so am now 70 years experienced and strong. I grew up in z-u�-al Southern Chil�. My mother mov�d me to tl�e US when I was 14 yeai-s old. I speal< Spanish fluently aild use it daily in my work with construction personnel. I completed college and one year of graduate worlc at San Diego State University majoring in psychology. I woi-lced dui-ing college �s a laborer in consti�uction sites. Due to n1y bacicground in rtiral settings I was attracted to otitdoor construction work as compai-ed to academic life which � was the path of�fered in psychology. (And the higher pay in constructio��1 oflel-ed a quicicer way to pay off college debts). I stal-ted my own construction company in San Diego coastal area, (La Jolla), il� l 975 which �lfter 18 years gre�� to be oile of the three most respected higl�-End home construction companies in the La Jolla, coastal towns, and Rancho Santa Fc area. � My i-ul-al bacl<�i�ouncl tug��ed at me and I moved iny fa7nily to Telltu�ide Colol-ado in 1990 so as to live a»d woi�l< in the mountains whei�e natlu-e has a strong presence in one's life. I grew a consh-uction company there building about 70 large hon�es, buildi»gs, and two barns �nd an indoor horse a1-ena. I was asked by architects to also build in the Aspen area so started a construction coinpany tilere in 2uu2 blaiid�ng a%out lt� liomes tl�ere. All worl< and ��n�nces collapsed iii the recession of 2009 and I closed both businesses. I woi-I<ed in Patagon�a for two montl�s, volunteered in I-Iaiti after theii- 20l 0 earthqual<e, and then ►noved to Marin and joined my lady pa1-tiler who also moved here fi-om Aspen. I11 the past 10 years I have worlced helping owners with tl�eir coilstructio�l pl-ojects in the capacity of an Owner's Representative ol� Project Managei-, primarily in Mai�iil County. My lady fi�iend and I co-own a home in Soutl� Tibui-on, sail, l�ilce, and rescl�� dogs. I am constantly endeavoring to malce otn- town and the ecological env�ronment better. Richard E Wodehouse PO Box 211 iburon. CA. 94920 Celi: 415 944 027£3 WEST COAST P R D�l E C T M A N A G E M E N T �N C. Professional Project Manager `�,,��i, - Owner's Representative - Certified in Mediation CA. G.C. Lic#305719 Mar-ch 19, 2019 �� Towi� of Tibiu-on Town Council: � RE: Application for appointinent to Plailning Commission. From: Richard Wodehouse Wh�you select your area of interest? � • My experience in matters conc�rning planning issues. • My belief that long-term planning has a significallt effect on the future of this towil. �� What �i-e your�applicab�le qualificatioils�alld ex�eriei�ces? �� • In gcneral my attitude has always been to contribute to the ��elfare of this town as rnuch as I can in my daily life. • I worlced llard to preserve the trails on the Martha Pl-operty as pi-esident of the board of dii-ectors of TRUST: Tiblu-on Resident United to Support the Trails. • Even though t11e judge did not see tllings our way, there is son�e �novement caused by our efforts that nlay yield positive results for tl�e cominui�ity. • I was president of th� HOA of a 34 home neighborl�ood adjoining Telluride Colorado. During my tenw�e nlany improvements were completed. • I was a n�enzber the Design Review Board in Mountain Village Colorado fot- 3 years. • In nsy professional woi�lc as a Construction Pi�oj�et managei- I wor-lc with HOAs in tl�e region. • I have built close to 300 structures during my cai-eer, fi-om t�ancy homcs, to steel buildings. to an equestrian arena. Much of this wor]< rec�uired dealing with planning and pei-mitting. � 1 �m a certified Mediator which m�y help achievc consensus at meetings. EXHIBIT4 .a:��v z� . ��v��z A�q p�qg�g� �g �,f,� '�3TYr� ��84� �� &�.,8&�W�BA \ asf.� r £�aa�.� 4 �h 1 �� ``� `.' . �.�� '��r�� .$ �i��°�� C� �r; �A��,`.�� _�� " istefani@towr�ofitiburon.or� �� ,�,��mf�� TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPUCATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. In its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town; by completing fihis form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your willingness to serve the Tiburon community. Lea Stefani Town Clerk � � �. a, Full Name: PaUI MOUrc`aC�I Date: 2-9-2020 a y � � . � �/ ` � Please indicate your areas of interest in numerical order: 1 _ Planning Commission 3 Parks, Open Space & Trails Comm. 2 Design Review Board Sel-Tib Joint �ecreation Board Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board _ Commission on Aging _ Affordable Housing Building Code Appeals Board '�/�,��F�C,. .��,/�' d " l �. . ��i��G%'`� �� '��f�� Address: 15 Rowley Circle Street Address Apartment/Unit# Tiburon CA 94920 City State ZIP Code Phone: 415-271 -7285 Ema;,: pmourani@gmail .com . � � � � ae , Planning and development have always been interests of mine and I have participated in the development of other communities where I have lived and owned property. I am just a regular person with a family who would like to contribute to supporting our very special town in thoughtful development and planning for the future while respecting our community's rich history. I would like to be involved and do my part in ensuring all planning, development, construction and recreation areas are designed to benefit the community at large including the residents and the people who come from all over the world to visit our great community. Since moving to Tiburon in 2007, both my wife and I are active participants at the SFYC Yacht Club, Belvedere Hawthorne Nursery Schools, and the Reed School District and I am looking for avenues to participate at the town level. With my kids being a little older now and my wife currently reducing her volunteer activities, I now have the time to contribute. � �� . . � - � � . � j „ , . . . �, a�`� �� ,� , -�� I served 6 years as the HOA VP for the property I owned in Vail, CO for 15 years. I was instrumental in getting a $4.5M dollar renovation project approved for our 26 unit complex with 81% owner approval and unanimous Town of Vail approval. This project required the owners to pay a 6-figure dollar assessment and to move out of the building for a 6 month period. It was no small feat to gain the consensus of a diverse group of people with varying interests. I also represented the Association at Town of Vail meetings, and negotiated our interests during the development of a new Four Seasons property built next to ours during the Town's $9B renovation of the entire Vail Village. I participated in various town topics including, lodging, commercial businesses, taxes, parking, traffic flow, pedestrian and biking traffic, etc. In Tiburon, I have designed and self-contracted 2 remodel projects at our home that were both approved and completed without issue. I have also spoken with members on the commissions where I have an interest and am confident I could contribute solid insights and perspectives. 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I.�;�':�.�i_ � . ., i . _ . . . f�rr;.te�U( ._�'�Iln�1 ....� t.yt'it, ,< < . ._ , C__'Pll�IA' i�t7.kl';ti ,. ;11C ,. ,- , . ._. _ . _ �. . ._. ;i� : .il <.�fli{ r?t`. � t,i'tr. _ . .... . _ _., .- - �� i't3�71YC'� ��({f7C./'Ei - - -'�... _.. �`�i , ,,_I _ „il C�. .'�i. l _ . _.. . .�1. .,i.-��':: .��,tf1i./t„ � .,;`t . -(t?'., . ___ '�I;. , i:-iii�.-[]`['Ct L �(�If. ..x �,r�Lt):l' ,rlr�C t , .._ . _. - .r . . . , ._ . �., EXHI � I� 5 " �� a ' a�.:�. �'---�,,,. ,� �,,��4�� s�-� � �`�� . 3z ��'�� t � �.��`� ��,�� W� �"�Ea�r�� :' ,��t g` �`,'��" ,�;;y��''.;` 15�£.'�'�rli ��,-�(�w�C2��i�8ur{3�1.t?�`� ,'� � �, ,�r ,�r��q. ,�'�.��. �� . . ��s�� T�UVN �F °TI�t�R�CV CU IS51 i� Ei A�C� C M�11T�'�E APPL��ATC N The Town Council cansiders appointments to tts various Town commissions, boards and committees throughout the year du� to terrn expirations and unforeseen vacancies. in its effort to broaden participation by loca! residents in Tiburon's focal governmental prQcess and activities, the Council needs to know your interest in servin� the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficial to the Town, by compieting this foi�m and returning it to Town Hall with a resume. Copies wiil be forwarded to the Town Couricil and informal applicant/Council interviews are scheduled periodical(y during the year. Your �pplicatian wili also remain on file at T�wn Ha[I for a period of one (1) year. Thank you for your wiliingness �a serve the Tiburan community. Lea Stefani Town Clerk � �, � � « :�. Fu�� am�: atrici� F�rrin ��¢�: /12i o _ _ __ ___ ____ __ ___ __ _ _ _ _ - � b� � � ^3� 3 ..� ��/ �. '. ,'„ � �d� �/e"j, ��:, �r �� Please indicate your areas of interest in numerical arder: __ Planning Commission � Parks, Open Space & Traiis Comm, � Design Review Board �' Bel-Tib Joint Recreatian Board � ___ Heritage & Arks Commissian Disaster,�,dvisory Cat�ncil � Bel-Tib Library Board �ommission on Aging 2 Affordable Housing � _ _ Building Code Appeals Board . ��"iz��9'h�-h4 r�� ,fT�"��,�'�� -.�"�'j ��' �u-�, -. - ,�� `�i��t��r`'.�ii�,,.��,�Y�.�.,;�'�.�.�,a�� "��R?.-� e�.� ��.�,_ �� f.. E �.a..v,_:.s .>x .�:..Cwu� i. k� � �,y�', Address: � �� '�� Street,Qddress Apartment(lir�it� �� 1 � � � L�tv s��te z��c��e ��,o�e: �� 43� 1 0 Em�,�: tri�hf�rrir� g ail.cc� � � � � o 1 sfudied ark history �� UCLA where f received my BA and marketing at US� where I received my MBA. I'm passionate about the Heritage and Arts commission because i have been chairing fund raising events for childrens' education, the performing arts and fine arts in San Fr�ncisco for 30 years. I have lived in Tiburon for over 20 years and had 3 children matriculate through the F�eed Schoo! System. I was also involved in the fund raising for the arts in Las Angeles and New Yark when I [ived there prior to moving to San Francisco. i believe in promoting the magical beauty of all art forms to our community because of ali that art brings to the quality af life and to creating an outstanding diverse environment to r�ise children and live for many years. I'd iike to bring more art to our community which is so close fio the San �rancisco home af sa many differen# arf forms and arganizations. We have an impressive historical heritage to preserve thaf adds to the beauty of our town. i'm in#erested in continuing to preserve this heritage by increasing awareness for afl that has transpired over the years and the landmarks we need to preserve. a � � � - � � � � Leadership roles in the following: San Francisco 8eautifu! Event Chair San �rancisco Ballet -Auxiliary San Francisco Opera Guild - Board of Directors (current) San Francisco Symphany - Gaia Event Chair (3 years) past President of Syphonix Asian Ar�t Museurn - GaPa Event Chair (California State Senate leadership recagnition for Karean Comrnunity event) �ine Arts Museun� of California - Junior Arfs Council Board Member Junior League of SF - Media and puf�lic relations committtee Partners in Cae-e Event Chair for 8enioff Childrens Hospita[ Susan G. Komen Evenfi Chair Public I�isclosure Natice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. PATRICIA FERRIN trishferrin@gmail.com Tel. (415) 609-6601 GR8 INNOVATIONS, INC. PRESIDENT(2007-CURRENT) Provide digital project management, strategy and marketing consulting for PG & E, the Bayer Company, Wells Fargo Bank, US Bank, Charles Schwab, Capstone Technology Resources, VISA, Kendall Jackson and Lives of Style. Experienced at developing the strategic vision and leading the process for digital innovation activities among stakeholders, team members, clients and prospects. Proven track record in building a prioritized delivery approach for technology projects that enhance the customer experience, increase efficiencies and effectiveness, and enable revenue growth. Provide cross organization direction, manage vendors, evangelize best practices and guide the project delivery. Cord Blood Registry Systems, Inc. San Bruno, CA (2005 —2006) Vice President of Marketing . Led the development of new consumer service concepts using qualitative and quantitative testing. • Built web analytics team to track and optimize digital customer lead generation, acquisition and loyalty programs. • Increased Internet leads by 400% by optimizing user experience, social media, SEO, paid search, and banner messaging to more effectively promote products and services. Medscape/Medicalogic, Inc. San Francisco, CA (2000—2001) Senior Vice President • Built and managed enterprise software marketing team for electronic medical records. . Led initiative to target more profitable customer segments increasing digital revenue 90% from affiliate partnerships. • Collaborated on technology initiative to redesign CBSHeathWatch.com platform; led acquisition of new content management system, new email/newsletter system and a new personalization engine. . Managed digital analytics and media measurement to optimize ad performance for portal sites. • Promoted to senior management role after company merger. Wells Fargo Bank, San Francisco, CA (1996 - 1999) Group Vice President of Wholesale Marketing Led cross functional team responsible for marketing project management, client experience strategy, CRM analysis to deepen client engagement and build loyalty for business lending and cash management generating $1 billion in revenue. • Led digital product innovation initiatives for online channel concepts to enhance servicing of client segments. • Developed new online collateral production process to reduce production costs by 17% ($500,000). • Managed the development and deployment of proprietary CRM software application (Profit Maximizer) for RMs. LVMH -DFS GROUP-DUTY FREE SHOPS, (1995-1996) GLOBAL BRAND DIRECTOR • Developed new brand strategy and implemented global brand marketing standards for all international and domestic regions in Australia, New Zealand, Asia; Europe and North America. • Led international design team based in Florence, Italy to manufacture, test and distribute products, • Managed international legal and risk management issues to protect intellectual property assets. Charles Schwab and Company (1991-1995) Senior Director of Marketing (Level 2) —Capital Markets & Trading Division o Grew division revenue by 100% within one year through new targeted direct marketing campaigns and outbound business development programs. • Developed, tested and implemented Schwab Priority Bond Service, a new VIP service model. • Designed and launched Schwab's Mutual Select List, an innovative guidance tool to grow mutual fund sales. Director of Marketing (Level 1) —Trading Division o Developed and launched new fee based "content as a service" equity reports increasing sales 100% above plan. • Promoted to Senior Director Level from previous position with increase in staff and compensation. Segment Manager—Active Trader • Led the development and testing of behavioral data models to acquire new traders and increase engagement. • Promoted to Director after demonstrating successful campaign programs for Advisors and retail investors. � American Express Travel Related Services, Co., New York, NY (1987-1990) Senior Marketing Manager, Service Establishments - Retail Industry Marketing o Developed B2B pricing, advertising, direct mail, public relations, operation and sales strategies that increased consumer charge volume to $3 billion (+16%) in U.S. department stores. e initiated, developed and implemented new database and direct mail capabilities that enabled business establishments to better target their customer acquisition and promotional programs. • Led modeling analytics team to develop first customer predictive shopping models to profile spending segments. Marketing Manager, Service Establishments - Retail Industry Marketing o Negotiated and managed cooperative B2B partnership marketing programs for 25 major U.S. department store divisions. Delivered $1.8 billion (+25%) charge volume. . • Initiated, tested and expanded award winning cooperative third party advertising partnership campaign. The Procter and Gamble Company, Cincinnati, Ohio (1985-87) Charmin Assistant Brand Manager. • Managed $10 million national media plan and led external advertising agency to produce new ad campaign. . Developed three-year strategic plan and implemented highly successful national pricing program • Initiated, developed and implemented new regional advertising coop program. Bounty Brand Assistant • Researched, designed and tested innovative design concepts involving a new multi-colored printing technology. o Led interdisciplinary team to manufacture and test product designs for market test and national expansion. s Managed $60 million national trade and consumer promotion plan. • Promoted to next level after completing sales training program. EDUCATION Master of Business Administration, University of Southern California, Los Angeles, CA Bachelor of Arts, Sociology, University of California, Los Angeles, CA Graduated Cum Laude and recognized as a Chancellor's Marshall for leadership, service and scholastic achievement. EXHIBIT6 �,��`�.��1.'( .: �`�"y�,� �s /� ��Yy .Y�� t . ��8# &e4� �8��.89 Ta..S� �� r��a,�P r��/.��4�'�,n� . � � �� .��g f��a�.��s ��n, �i��s��r�� 4�� , �' �� ^�� %F�� .,��. Is�e�ani�atownoftiburon.or� ; £ .,�� , �� .�,�t��n�� TOWN OF TIBURON COMMISSION, BOARD & COMMITTEE APPLICATION The Town Council considers appointments to its various Town commissions, boards and committees throughout the year due to term expirations and unforeseen vacancies. in its effort to broaden participation by local residents in Tiburon's local governmental process and activities, the Council needs to know your interest in serving the Town in some capacity. Please indicate your specific areas of interest and special skills or experience which would be beneficiai to the Town, by completing this form and returning it to Town Hall with a resume. Copies will be forwarded to the Town Council and informal applicant/Council interviews are scheduled periodically during the year. Your application will also remain on file at Town Hall for a period of one (1) year. Thank you for your wiilingness to serve the Tiburon community. Lea Stefani Town Clerk � � � % Full Name:Victoria Loren Miller Date: February 10, 202C 0 � � a � � ,� w��?�� ,f�� r��*� "�?r/,,. i�� /�� i , , O , -i�. x?, �, �r �'s ��a✓%4 . Please indicate your areas of interest in numerical order: Planning Commission Parks, Open Space & Trails Comm. Design Review Soard Bel-Tib Joint P.ecreation Board X Heritage & Arts Commission Disaster Advisory Council Bel-Tib Library Board Commission on Aging Affordable Housing Building Code Appeals Board �`a � � '�� ,�;. '�i i . �3� -��,�<,:"�.„5'r�3„e��,°�,.� 1" 3 �,��j/ ��' L � a 4 �� '��•:��',` ' � �`�}�&�� 2265 Paradise Drive Address: Street Address Apartment/Unit# Tiburon CA 94920 City State ZIP Code 415 640.6040 victoria@victoriamillerart.com Phone: Email: � r �. e � � � � � � e I have lived my life in the Arts. � � � � � � � � Please see attached pdf, thanks! Public Disclosure Notice: Submitted application materials constitute a public record and may be publicized in their redacted form as part of Town Council meeting materials. .�,r � ��2::�� "� � � � �u �.' -�sa �� ' �.w`� s ,� � �� .f� �; : �� .�s� � �°a s,: � �� jz . .:;�5.•. ��a a' �: . �... .. �. � .. i ,.,..,.,_. Victoria Loren Miller is a conceptual visual artist born and raised in San Francisco, California. Victoria's exposure to art began early on, accompanying her gallerist mother to museums and galleries. Influenced by greats like Rauschenberg, Diebenkorn, Frankenthaler and local luminary Nathan Oliveira, she began to view the world through an abstract expressionist lens... and a camera lens. She `paints' with her camera. Miller is fascinated by energy in motion, and seizing an instant fueled by (ight or emotion. She seeks fluidity and like an impressionist, the minimal suggestion of her subject — working quixotically with light to capture experience and the dynamism of life. Often, she is drawn to people who express themselves as fluidly as the manner in which she captures them. Gender, race, common perceptions are effaced, insignificant; and instead allow the imagination to play, as do her subjects. Victoria's work simultaneously became more autobiographical, political, and conceptual after her mother's passing and the election of Donald Trump. The After-Life of Stuff series explores emotional attachment vs. marketplace values, as a decedent's persona) items enter the universe of internet commerce. In the wor!< Trust, a torn-up page from a trust document arranged as a deathly black floral brings the namesake into question; and in another, crumpled up pages of Trump tweets hide behind a prettified pixelated facade that mostly obscures the menace of his words. �: s . ,. Miller graduated Cum Laude from UCLA with a BFA, and began work as a branding designer. She turned fully to her art practice in the 2000's back in her native San Francisco, and is currently regional art liaison for SFMOMA`s Modern Art Council. Victoria was a TEDxMarin executive board member, a member of the board of the Museum of Contemporary Art Los Angeles' Contemporaries, and has lectured at UCLA and taught at FIDM. Her work has earned design industry accolades including a Clio, and is included in the Smithsonian Institute's Permanent Collection. z@..� ,^�d�'k .v As a Creative Director and designer for global brands, Victoria created a broad range of brand identity and marketing materials for CBS, Cisco, Disney, Hammer Museum, J. Paul Getty Museum, Mattel, MOCA, PBS Home Video, and rnore. Excited by the internet's flexibility and motion capabilities Miller pivoted to projects in which she could integrate web design and advertising into brand images of companies such as Welis Fargo Bank, Oracle, Microsoft, and Lexus. � "t.:� ::;; �u��:;:� Wherever 1 Go Partly in reaction to the siow, pain-staking process of formal advertising photography shoots, Victoria began to take her camera wherever she went, and to compose artful images from the immediate and spontaneous capture of sightings that grabbed her attention. The Wherever l Go series began in the 80s, when Victoria found inspiration lying at her feet — literally. Autobiographical and multi-dimensional (including parts of her foot, shoes, or feet along with the surroundings) the results have intrigue, with visual clues exposing subtle references to the image's origins. Repeated interests collect through the years, like in a subset of the series entitled "�'esprit d'escalier," (the 'wit' of the staircase; where one realizes just what they ought to have said) featuring spiral staircases common in tiny Parisian cafes. A pair of self-promotiona) postcards with images from the Wherever l Go serie� was chosen for inclusion in the Smithsonian's Permanent Collection. Fluid Victoria's early artworks were unique photo prints on canvas (before the technology was ubiquitous), and often c�uessed to be paintings: Taylor Skip, Lady in Red (a Nob Hill Gazette October cover), and Shimmering Chanteuse (a sequined singer leaving the stage, from Harry Denton's notorious "Sunday's a Drag" show at the Starlight Room atop the Sir Frances Drake hotel in SF). More receiit work oiien uiiiizes the s'r�een ol prusned metai, adding a iustrous iignt quality to the elusive figures presented. Out & about in energetic, diverse San Francisco encountering exceptional subjects for her photographic experimentation can, and do happen anywhere, anytime. After-Life of Stuff The After-Life of Stuff series began as Miller was sorting out her deceased mother's tastefu) clothing and artful objects. She began to shoot thern in her usuai energy- in-motion style—"toutes est flou," a blurred, painterly approach, to breathe a sort of energy and life into the pieces, while exploring the beauty and extraordinary detail of vintage items from decades past. Remains of a loved one's life, able still to tug on our heartstrings. Then she discovered the vast, fascinating inventory and dynamic ecosystem of buyers and sellers in the online marketplace. The cold reality of commerce at odds with the emotional, memory-driven hopeful seller, with prices constantly in flux. Creating compilations from Googie searches, Miller substitutes an item with one of her mother's, revealing its context as just one of many stories... the literal after-life of the stuff. Bosom Buddies Bosom Buddies is an interactive work in honor of a dear friend who was dealing with breast cancer. Victoria solicited images (breast selfies) from her bosom buddies, and from theirs, in solidarity against the disease and for their loved ones who have been viciirris ar�d survivors. Prinied on ciear piexi, tne worK is an expiorarion or seir-iove, female bonding & strength, private vs. public, intimacy, trust and love. �, _:��_�-;�"s'��.�� victoria@victoriamillerart.com � instagram: victoria miller art ( twitter. (a�vicmiller EXHIBIT7 ��' �c�v�r r� �f `��i��r�� £� ,�� r � _��`��' �.��.� �'ibur�r� �3�rd., �i��r�n, �� t� �� ,.°�' �� i � � §r' -�fT trfr'�Y I C_ t �. �� . ��Ab�&@,�,l.Ra�.��.�s��«��,ab.1&{�� a'_ x��,1��,;,�9�g` g� ¢ � .� �� ..._. �......:x...._.._.�.,....__�__`____�_._ ., ..,,,.. _ _ x� ��..�� .�. �. M�.�.., ��_.y. _�� .,:��.�w�.�� 415e�35.7377 T{)�(V �F TI�UR�fV �� P�IS54�N, B�A�� COM(�11 EE APPLiCATiC�N The Town Cnuncii considers appointrr7ents ta its various Tawn cornmissions, boards and committees throughout the y�ar due tc� term expirations and unforeseen vacancies. in its efForfi to broaden participation by loc�f residents in Tiburon's local governmental pracess and activities, the Council ne�ds ta k�ovv your intere�t in serving �he Towr� in some cap�cifiy. Please indicate your specific ar�as of interesfi and special skiils or experience which wou(� be b�ne�icial to the Town, by camp[eting �his form and returning it #o Town Hal( with a res��me. Copies will be forwarded fo fhe Towr� Council and informal appficant/Council intervi�ws are scheduled periodically during the year. Your application will also remain on file at Town Hali for a period of one {1j year. Thank you �or your willingness to serve the Tiburon community. Lea Stefani Town Clerk j iI ��r✓,r .F� f� r s�i: / •s-�;ra�ena''_:A R ,,,._"�j:.�--�r .�"'�-�-9'e" ..._...K��ixi� �`'s � �- . � ��j` .�a'"s?1� �l� � � -- � . � ,! ,, i' �$� �.�,.,�J '�s 1� �4 -, / ��y�'�`a�l a`� F s ✓ � :�...��5��._.....�.3 ,��f.....:,��..> > .; F..�., .,�.. .�_.._:�,.r.�.�;i..�s�.��. y�-2�4�.,°%��k'��.�:rr��-k�.?��'��.€°.-�': ��.a.��FF,�.h�.``�..�...FS, i�r3,i�� 1 ,.��._.�.. ��fj,,,. �u�� t�ar�,e:� � � � � ��h � D�te: February 11; 20�0 �a�" r rl � i � i � s �}// ,y.�� a-� �� e a��fi'�`�� 'n f�! E �; i �r...�asx. .,,<,,..,,_.;;<. ...,.m; . ^ , . �; _.� ,- ° �.,i„ � lt��.,.��,��.,F.,3� �,�yxP�„��'�'�'��,.`Z/��/�'i'��_��...`e��..... ,�, .. .,i,,,, � �'lease indicate yaur �r�as of interesf in numerical order: _____ _ Planning Cart�mission �' Parks, Open Space & Trails Comm. _____._._ Desig� �evie��v �c�ara Bei-Tio Jc�int Rec�eaii�n Bc�ar�d � Neritaae & �lrts Commission � Di��ster Ac�visorv Gouncil Bel-Tib Libr�ry Board __ Commission on Aging Affordable Housing 2 Building Cade Appeals Board i: ; „ . : -: ; �. . k'�, . �� .. <.�: : �g � a t} 5� .� �f ,� y i� � ri'. -.. c � ,r t � '�� ' i,.w..�ur. c.s.�.-.u.rv K �......................�._._... • uy,_ _.. ,_.� ..,�_..+..u. .e...,..d ... ,,..,� _.,_... ..—t:. .,....-, . �«,..aF a�.....r..�..�.—t+w,,._.� �a l I �ddress: � � �� ' ��ree� Addre�s Apartment/Unit# � � � Ci�y �tate ZfP Code Phone: t�� I � �rrtaiE: 3 � l �� .�� '"��T�"f'�i�i��ii�:.:i�""�i '�� " �� a- � ,!. ' s � 1�.<�': E��,�1'5_,,�l�� a�'�a�.r�^a'�"�",'""�.�`'�`��,�`�,'��Cz �: ��i%��'��y. ✓%/��irt/iss�a� � 'r � Sf � J� 5' �� P.,`e. � 7�'�`�� `Z^ �� n^�� /f �� /��3 fv � ; r 1�� r s� � '�F.,,.�„�.;s� .�,.Ky��_��.,tw..��s�......, ua Y��z,�.��aie.l,t'ad.�7�«e�.��.H.� «2<.�.w,�:�...�.,w,cC:�w,.� _�,£�,_.,,,,..� ...,,,.,:;d .,.z ..,,.. .., .. _�'�.,..t....,,,,�<.,.,� ^� �� ....�\.��'^� �., . .t ,:�.� . I am passior�at� about keeping our smaf( town clean, safe and beauti�ul. My desire is to help people who are struggling with their home cJesigns and buiiding codes. I want to teach people basic safety rules as a coach for Dr. Cromwe(I's (�i(v1RC non-profit organizatian. ! care abaut happiness of our senior citizens, many of wham are my goad friends. I valunteer for The Landmark Society to prot�ct the �andmarl� Art and Garden �enter in Tiburon frorn deteriaration. I live cfose to Old St Hiliary and admire this historical building, as weil as the nature surrounding it. Walking by China Cabin, th� Raitroad and Ferry Depot Museum every day brings admiration ta fhe historical i�erifiage of Tiburon. As a rrrember of our local Rotary Club of Tiburon-Belvedere, I suppor� a wide range nf community programs; with a focus on youth and literacy. I wa(k weekly ar�und our C�pen Sp�ce Preserv�, Mt. Tiburon and Ring Moun�ain with friends. I ride my bicycle to Paradise �each CQunty Park. I check trails far safety and observe our wildlife. I mo�itor eartl�q��akes using a U.S. Geological Survey seismograph instalied in rny basement. 1 v��ant sc� r�nuch more for our glarious town. �(%i'�Yy�'r �'�/ � sl,.a..�"'.� �' ! -�' �c � y .,�:: `-� „F[l: ��^ >�,3y�gV-'n „n,�,;;:. ,�-„- .._.: /--�-�y-�^'*',�,�,�-,,,� Jy� ✓ 9'4"F/.,�f?'t s �#l��° #,'�. ��t u f k d ¢��_. ��r� �$s €.� �'��{t�` `t" t�{ �._A s.::. ��/%�9��...��.,:Jf% Li'�,Fu�.�� .�w�9�.��.�,��?.,.,_�� ?=u.... � �� ,.. � <: ,.,.,..,", A,� ..�q£,,..� ..��.�.�Y��+4� F+-Y��r.��Y�'y�.��.'�,F,�i�� f � Ov�r the period Qf 22 years living in Towr� of Tik�uran; I volunteered far more than 15 different non-�rofit organizafiions. I built severa[ ��:cessful busi��tesses and a non-for profit organization. As a faoardlcommission rr�ember ( can study, {isten, and I am �villing ta have preconceived ideas challenged. 1 am respectful; pc�lite, anc� c�eferer�tial tor�ard all: to fellow board/cammission members, staff, and the p��blic---regarc�less of likes, dislikes, priendships, politics. I do not insuft; attack; or demand. I can recagrliz� m�> own biases, pr�judices; and values. As an effective board/commission member I c�n communica�e int�liigently; articulately; and thoughtfully. I am able to persuade anci chanc�e opinior�s withc�ut bullying or manipulating. I can buifd eonsensus and pufl a baard/camm�ssic�n togeth�r. As �t� effective public serv�nt ! am emotionally and relationally m�ture, and i shovv it vvf�en losin�. I stay calm when a vate goes the `wrong' way. 1 respect voters and the prac�ss; even when I am on the minority side of a heart�e(t issue. I respect state law, city by(avvs; cauncil ru(es, �nd parliamentary prc�cedures. I make my decisions based on merit; not ematian. �ubEic gisclosure Rlotice: Submitted applicatien materi�ls corstitute � puE�lic recard and may be publicized in their redacted form as paYt ef Tcwn Courcil meeting materials. � � � 1E45 Mar West Street, TIBURQN, C:� 94�92t) Tel. -�-1 ��:�5) 685-960� F-�rza�l: � z �x,,;� f G ��it � rE��i_< r_;�; (��j�ct��r� . To joil� a Tr��:�-�� f�Ti��uron Go�nr�issie�, �3o�rd �r�o7n7nittee in or�er to L�r�ac?e:� partici�,��tion b�,� Ic�cal residents in 'I'iburan's lc�cal �;overnmental prc�cess{�s and �ctiviti�s, T� suppc�rt t�1�Nlayor, the City Council and the officials li5tenix.�tc� p�ablic e,��t�cc�rns at'�'own l-�a11 rneetings anc� c�ther pttblic events, resp�nc�in� to ��tizen colacern� a�1d questi�ns,and helping�n creating netiv strate�ies ai�d �olicies arad � d�se.ussi�ns. �'p•tafile Hi�;�1(y c7�c�tivated cc�mmunity 1E�ader�,scientist; TV��raducer anc� e,ntrepe�aT�elir cc�rr�rnittc��1 to prc�lnc�ting�reen-energy and renewable en�rgy. t:xcellent �n�r�itte�z/�:ommur�ica�ion�interpersonal skills used ir� completiiig hig}�ly er�t<.�ngl�d and int�rlaced tasi;s. �onscious long tizre Tib�zron resident actively protecting the Iocal el�viroriment. A�� z��,ric3 bilc��- foc�zsed c��1 educating drivers,pedestrians,anci bicyclists abc�ut safety issla�s irl a�•cl�r�o �ncourag�pasitive behavic�r ehange in Town. A p1�c�fessic�T�a1 v�Thc� dceply understands that water shorta��wit}�in tl�e st��te c3f C��lif�rnia is beco��ing� growirig issue. I:c��ti��z� ��-c�ee��ac�rt�r�u��ity Ctalt�ge H�zr�ilt�t�, t�� Ceur�ses it� Englisii Lit��rature,Atne7•ican Histary, Nlacroecc3non�ics ��)�G a«d 13t�siness Man<=gement t1r��3��i�y€�f�i��i��z�c� Ivt�t�lic��°�y I�r��tt��, �'c�3�t�� i�l�ste.r� c�f�S��ic�l�ce xr� �lining C'reolo��y ��"�2 �as�er ��Science iT� Geolo�ical Engineet•ing 11z�i��-�i�y- of'�i��ia l{��o��ri�c�, �'�14��3€� I3tzeheior ot 5ci��nc�� in C1ec�che�rlistry 1��f37 �'�p�ri�z�� 1c��,i��.�I ��t��z�e �c��3�t, ��I�z�� C�e«scientist, C�c:�arlc��r��z�hEsr, E'i1D canc�ic?ate, 199Q-1994� Res��rched bc�ttom se��in�lents �nd Arlantie, Ocean cvalers influ� or� local }�altic Sea Basin fla�-� and fa��n��, � btirate articfes fiar e:�aju�:� l:uro�ea�� and 1�izstralian C�eascience rnagazin�s, � 'S't�avelled Evitl� ti�e it.ternational ehpec�itiotls to the Arctic t;ircle on research vessels scan��i7�� sea }�ottom t��c�r}�holo�y and sart�p;ir�� sedilnents, � Prt�c�ticcd anc: di_�Ec�ec� doculne��tar��films about ecology and environr��ent issu�s c�n Borr�}lolrn anc� �ot:lar�c3 i�J�ncis. ��c��a��€� ��i��tt�� Law�•�i�ce T��vs��ti�, �I� �-Iist�ric I��ona� �estaratio�� P,-ese��rati�r, Col�tractor 199�-1998 � �€��fc�e��:t� �� z��at��t�iit�.�•��.��tic��, ��tc��°��c�f�f��;� � �>€�rf��r•z�r�� s� r��rz��ii�l ��r��cLs�r�l re��ai��ar�� xteriar��ilclin��b��ati�n, � Irs��l�� I:<��c.��:�� ylc� ��tii��t 1��L�t, �:ent��.�1 ��t�vvith s1��;h-�;r��cie filt�satic�n sy;��r��, Cc�p�t�za►�� it��ic��; Tib�t•oi�, �:E1 I�Iisto��ic I�lome fZestoration Coritractor 1998-2005 0 Restc�3�e� b��ilt-i;� cabiclets i�� a slli�;gle style Victoriaz� harnes, � Restorec3 slate anc� ma��le counter tc�ps in old 19il1 Century Icitchens, � Insulatec� tl�e �-�.alis of 1£�7(�}'s�vooc� ft,an�e houses r�vith orlly German lap siciir�g. F3c�c�y �r�p��l�� T�buron, {:A Business �?wner, F'ersor�al "I,?�ain�i-, Ph}�sical Ther�pist 2006-2011 � Pa�-t��t,re� ir ��E��i�t�i11�, �� or�ar�ic ;:atlzral sp�,�, � I'art��e�,ed ir desi�t�in� a ,��st�i��iat�Ie weight loss progra7n, _ ° G`Vorked �n-sth clie��ts vvit}� ��is�zt�iiit:�s and chronic pai7�. S�c�i�r��.�7 Tiburc��t, C� �3i;sfness �ivr�€�r, �'er°s�nai Tr��i�e�, ��y�ic��i1 `I'n�rapisC 2C?22-�'t��ser7t � ProviGed concier•�;e 1�lc,iistic t:he��..� services, � Offei�ed t.�oT�e t}�ar� 2� ��iffei-ent tz-ef�C�r,er�t techr�ic�ues and S�a Scr�,ice� insi�c �i��e Spa c��• a T1�era��Y Clinic, as mtich as clier�t's privatc� ��or��e, � F�tiantled S.'1'.F..M. (S��c�an S.rat�fis�� Tissue F;lasticity Nlethod) �'ac�fic tTtgiv��-�a� �'i�c�c��ti�sr�� Ti��.z�-€�r�, CF1 indc��enc�ent ��;xec.l�tive I'rod��:ce��, ?7irecCo�� 2O1Z-�resetlt ° �:x�e�ftive �'roducer and I�ir�ect��r of�a Jerte�-son t��v�rd WiniTlg'1'V ser�es: "'I"l�e Recovery Station", � Director of Corr�cast�:�lanticl 2b scric>s: "�;�r'al;e 1.�� -��it�� l.)�•. C.heryl", � Exeeutive Produce�-ar�d host of(::oznc��st t:}Iar�r�el Zb seri�s: "The t��Qrld F�C{:i7T't�111�fU �4iCC�llE'.S'�. �(9��1�]��I' ��rit�e Nla��►zix�3l Centez°, S�zas�litc�, C:� 1�}�38-2005 ��ty �f San I��a�l Advi��°y Cc�rx�z��zt��e 1�9��Z001 City csf�an R�f�zel - Ci�:izen ��i�€� �c�ci�r�s� 20t�1 ��c��zts ofArn�ri�� 1�39�3-�014 Co��arc�At��zl�aa� 1.999-2005 Can��t��n �toc�ef Sttc�lotn, S��i �t��°��1, C� 19��3-20�.5 �'airfax l�I��4nic T�a�lg� �5�, �{entfi��i, �� 0�-f'r�se�t ��ott�sl� �tit� I.ar��e,�a��'r�r�ci�cr�, Cf� 20(37-�'resent Yaz��l�it� I,cs��, San �x��:��c�, CA 20�1�-�'resent ��i•�� R�ya��r-�h i..c��, S�z� �2�f��t, �� Z€��7a2013 C�r��nit��e��i� C��i��•�f��~i�� 012-�'r��ent Spe�� 3��ra�a�� 0�s-P�°��rt� Nlarir��7ne��ic�n Ir��l�ar��II��7ce, Sa�a ��I, C� 2D1G-Pi°��ent i�ariza �e��l R.es�c�ns� C�r�� (M�'t�C� 201.�i-Prese�at ��tize�� Einer��erzcy Re��a�� T�az�7 (C��T) 2016-�'resent ��ec��°�e �[arl��:�iildren'� �3��, San I,�ai��fr��s, �:E1 Z01.C-Pr�s��t 'I'i�a�z��n �elv��ere R�ta�•y CI�� 20��-I��°e�eilt US �ea�c��ical ��xr°��y �e�Qt��l�� I�€��1€�riz��Vc}l�a�� 201.7-i�r°es�nt � Mar�i�r�rs seismic activi�y in`I`i�ur��t� wi�� 1JS�xS seism��-up�. R�sidents can access tl�e data v�a It�ternet 2�- i�o��rs/dav. Refe��r�e�s �i�ailal�le upon rc�c�trest.