A communication transmitted from Louis A. DePasquale, City Manager, relative to proposed amendments to the Truck Safety Ordinance, Chapter 8.112.080 of the Cambridge Municipal Code (“Ordinance”) - Ordinance #2022-15

Created: 2021-04-19 14:41:53 [EST] (Supp. No. 11) Page 1 of 4 CITY OF CAMBRIDGE In the Year Two Thousand and Twenty-Two AN ORDINANCE In amendment to the Ordinance entitled “Cambridge Municipal Code.” Be it ordained by the City Council of the City of Cambridge that the Municipal Code of the City of Cambridge, Chapter 2.112.080, entitled “Truck Safety Ordinance” be amended by substitution to read as follows: 2.112.080 Truck Safety Ordinance. 2.112.081 Short title. Sections 2.112.081 to 2.112.089 may be cited as the "Truck Safety Ordinance" of the City of Cambridge. ( Ord. No. 2020-20 , 11-2-2020) 2.112.082 Declaration of findings and policy—Scope. The City Council hereby finds that the provisions of these sections are intended to promote the public purpose of effectively protecting Vulnerable Road Users, as defined in Section 2.112.083 below, against the risks associated with sharing the road with Large Vehicles, as defined in Section 2.112.083 below. These sections seek to minimize the potential for injury to Vulnerable Road Users, specifically relating to falling under the sides of or being caught under the wheels of Large Vehicles. ( Ord. No. 2020-20 , 11-2-2020) 2.112.083 Definitions. The following words shall for the purposes of these sections, unless the context clearly requires otherwise, have the following meanings: A. "City" shall mean the City of Cambridge.

Created: 2021-04-19 14:41:53 [EST] (Supp. No. 11) Page 2 of 4 B. "City Solicitor" shall mean the city solicitor for the City of Cambridge. C. "City Vendor" shall mean any individual, firm, business, consultant, contractor, or supplier of goods and/or services to the City of Cambridge, or any subcontractors, employees or agents thereof. D. "Contract" shall mean any contract executed between the City and a City Vendor for $10,000 or more for goods, services, design or construction. E. “Centralized Purchase” shall mean a statewide contract to purchase through the Commonwealth of Massachusetts, a Commonwealth of Massachusetts department supply or service contract, a collective purchase, a purchase through a General Services Administration procured supply schedule, or a cooperative purchase. F. "DPW Commissioner" shall mean the Commissioner of the Department of Public Works or his or her designee. G. "Large Vehicle" shall mean any Class 3 or above motor vehicle, trailer, semi-trailer or semi-trailer unit, with a gross vehicle weight rating (GVWR) exceeding 10,000 pounds and are able to travel at speeds more than 15 miles per hour, when travelling within the City of Cambridge to supply the goods, services, design or construction that are the subject of a contract with the City. H. “Purchasing Agent” shall mean the purchasing agent for the City of Cambridge. I. “Third-Party Freight Brokerage Contractor” shall mean a brokerage contractor that is used by City Vendors to supply Large Vehicles to City Vendors to transport goods and services to the City of Cambridge. J. “TPT Director” shall mean the Director of the Traffic, Parking & Transportation Department or his or her designee. K. “Vulnerable Road User” shall mean (a) a pedestrian, including but not limited to those persons actually engaged in work upon a way, or in work upon utility facilities along a way, or engaged in the provision of emergency services within the way, or (b) a person operating a bicycle, handcycle, tricycle, skateboard, roller skates, in-line skates, moped, other non-motorized or electric personal mobility or recreational device other than an automobile or motorcycle, wheelchair, personal assistive mobility device, horse-drawn carriage, motorized bicycle, motorized scooter, farm tractor, agricultural trailer, or similar vehicle designed primarily for farm use, or other motorized vehicle which has a maximum speed of less than 20 miles per hour, or (c) a person riding an animal. ( Ord. No. 2020-20 , 11-2-2020) 2.112.084 Applicability. A. These sections shall apply to every Large Vehicle used by a City Vendor while under a City Contract, except as provided in Section B below. B. The provisions of these sections shall not apply to: 1. A motor vehicle which has a maximum speed not exceeding fifteen (15) mph; 2. A fire apparatus; 3. An emergency medical vehicle; 4. A vehicle which is being driven or towed to a place whereby previous arrangement has been scheduled to install any safety requirements for large vehicles such that it complies with these sections; 5. Vehicles used by City Vendors solely for the purpose of snow clearance or removal;

Created: 2021-04-19 14:41:53 [EST] (Supp. No. 11) Page 3 of 4 6. Vehicles used by City Vendors solely for the purpose of street sweeping; 7. Vehicles used by City Vendors solely for the purpose of street paving. ( Ord. No. 2020-20 , 11-9-2020) 2.112.085 Requirements for large vehicles. A. All Large Vehicles subject to the provisions of these sections shall be equipped with convex mirrors, cross- over mirrors, decals, and side under-ride guards affixed to the sides of Large Vehicles in a manner consistent with these sections. B. The DPW Commissioner and the TPT Director shall have the authority to promulgate regulations to accomplish any of the provisions of these sections, including but not limited to required specifications for convex mirrors, cross-over mirrors, decals, and side under-ride guards affixed to the sides of Large Vehicles. C. As future technical innovations to improve safety for Vulnerable Road Users become available, the DPW Commissioner and the TPT Director may research and test such technical innovations, and update any rules and regulations promulgated hereunder consistent with such research and tests. ( Ord. No. 2020-20 , 11-9-2020) 2.112.086 Enforcement. Any violation of any provision of these sections by a City Vendor shall constitute a breach of the subject contract the City Vendor has with the City and will be considered a default under such contract with the City, and shall subject the City Vendor to any and all penalties contained in such contract. Any violations of these sections shall be reported to the Purchasing Agent and the City Solicitor. ( Ord. No. 2020-20 , 11-9-2020) 2.112.087 Waiver. A. If the Purchasing Agent believes that extenuating circumstances exist which would prevent any City Vendor(s) from complying with the provisions of these sections, the Purchasing Agent, upon the recommendation of both the DPW Commissioner and the TPT Director, may approve a waiver of some or all of the requirements of these sections prior to issuing a procurement solicitation for any procurement contract or for any contract not requiring competition. If the Purchasing Agent is unable to secure any responsible and responsive bid in response to a procurement solicitation for a contract for goods, services, design, or construction or for any procurement contract not requiring competition, then the Purchasing Agent may issue a waiver of some or all of the requirements of these sections upon the recommendation of the DPW Commissioner and the TPT Director. B. If the DPW Commissioner and the TPT Director believe that extenuating circumstances exist which would prevent a City Vendor from complying with the provisions of these sections for a specific delivery or operation, the DPW Commissioner and TPT Director may approve a limited waiver of the requirements of these sections for the specific delivery or operation not to exceed one month. C If the DPW Commissioner and the TPT Director believe that extenuating circumstances exist as a result of a contract executed with a City Vendor where goods, services, design or construction are procured through a Centralized Purchase, or requires a Third-Party Freight Brokerage contractor, the DPW Commissioner and TPT Director may recommend and the Purchasing Agent may approve a waiver of some or all of the requirements of these sections.

Created: 2021-04-19 14:41:53 [EST] (Supp. No. 11) Page 4 of 4 D. Waivers will be issued in a form and manner consistent with the provisions of these sections and the rules and regulations promulgated hereunder. E. On an annual basis, the City Manager shall provide a report to the City Council that includes: the number of waivers issued, the number of responsive contracts executed without a waiver, and the total number of contracts executed during the previous fiscal year, as well as any trends (positive or negative) and any other relevant information regarding the effectiveness of this Ordinance in increasing the safety of trucks operated in Cambridge. ( Ord. No. 2020-20 , 11-9-2020) 2.112.088 Conformity with existing state and federal law and severability. These sections shall be implemented in conformity with all applicable provisions of federal, state and local laws, and the provisions of these sections are severable; if any provision, or portion thereof, should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect the remaining provisions, which shall remain in full force and effect. ( Ord. No. 2020-20 , 11-9-2020) 2.112.089 Effective date. These amendments shall be effective upon enactment. ( Ord. No. 2020-20 , 11-9-2020) In City Council June 6, 2022. Ordained as amended by a yea and nay vote:- Yeas 9; Nays 0; Absent 0. Attest:- Paula M. Crane, Interim City Clerk A true copy; ATTEST:- Paula M. Crane Interim City Clerk