RESOLUTION 2024-101
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING THE USE OF THE PUBLIC UTILITY EXCEPTIONS FOR INFORMAL PROCUREMENTS UNDER ARTICLE 2, SECTION 3-105, NOTE 7 OF THE CITY’S PURCHASING POLICY NO. B-30, FOR FISCAL YEAR 2024-25 FOR THE PURCHASE OF CERTAIN SUPPLIES, MATERIALS AND EQUIPMENT FOR THE CITY’S PUBLIC UTILITY
DEPARTMENTS
WHEREAS, the City of Banning is a general law municipality governed by elected city councilmembers; and
WHEREAS, the City Council has the authority to create and maintain a system of ordinances by establishing its own municipal code; and
WHEREAS, the City Council has established a purchasing system in Title 3 – Revenue and Finance, Chapter 3.24 – Purchasing System of the Banning Municipal Code. That System designates the City Manager or his or her designee as the Purchasing Officer of the City of Banning; and
WHEREAS, the City has adopted a Purchasing Policy No. B-30 that requires materials, supplies and equipment be purchased in a competitive manner and based on certain procedures to ensure that items are purchased for the best price available so as to save the City money; and WHEREAS, Resolution 2018-156, approved by the City Council on February 26, 2019, amended the Purchasing Policy to include public utility exceptions that would allow the informal procurement of certain goods, equipment and services without competitive bids, quotes or proposals, provided that the City Council approves the public utility exceptions on an annual basis and the use of the exception is approved by the Purchasing Officer of the City.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The Banning City Council hereby authorizes the City’s public utilities to utilize the public utility exceptions for informal procurements under Article 2, Section 3-105 Note 7 of the Purchasing Policy No. B-30, for Fiscal Year 2024 for the purchase of certain supplies, materials or equipment for the City’s Public Utility Departments as provided in Note 7 to that Policy.
SECTION 2. The City’s Public Works Director is authorized to Purchase items included on the public utility exceptions list by informal procurement, provided procurement of the items has previously been approved in the current bi-annual budget as a matter of normal operations, maintenance, or a current capital improvement project. Further, staff is directed to report on a timely basis to the City Council any purchase in excess of $25,000.
SECTION 3. The Purchasing Officer is authorized to process purchase requisitions of public utility exception items under informal procedures applicable to such excepted items, consistent with the Purchasing Policy, provided the expenditures or encumbrances fall within the authorized spending limits of the annual operating or capital budget of the respective utility.
SECTION 4. The City Clerk shall certify to the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions. 513
Resolution 2024-101
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
514
Resolution 2024-101
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-101, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
515
ADMINISTRATIVE PROCEDURES
City of Banning
APPROVAL DATE
06/27/17
FINANCE POLICIES POLICY NO.
B-30
APPROVED BY
City Council
POLICY TITLE
PROCUREMENT POLICIES & PROCEDURES
EFFECTIVE
DATE
02/26/2019
16 Postage/Delivery/Messenger Services Professional Legal and Human Resources Confidential Consultant Services
Real Property/Easement Acquisition and
Rental Property
Purchases that meet sole source procurement
requirements.
Requisitions for products or services less
than $5,000.
Software license maintenance
When the Purchasing Officer determines
the commodity can be procured using a
cooperative purchasing agreement.
Trade Circulars, Books or CD’s
Staffing, temporary services Special instructors for community centers and events.
When the purchasing officer identifies a
Piggyback Agreement being prepared by
and processed through another local,
state, or federal governmental agency.
Under such circumstances, the Purchasing
Officer may join into an existing written
purchase contract obtained within the last
24 months through a competitive bidding
process prepared by and awarded by
another local, state or federal
governmental agency. City Council
consent is required for such arrangements
where the estimated value of the supplies
is $25,000 or more.
When the City Council determines, in accordance
with applicable law that a competitive market does
not exist, and no competitive advantage will be
gained by the bidding process.
Purchase of power for Public Utilities
(7) Public Utilities Exception. The Water, Electric and Sewer Utilities have a need for compatibility within their respective systems for uniform operation, maintenance and replacement, and this need can be met by procuring certain supplies, equipment, and materials supplies through Informal Bidding or Negotiations. Such procurements may be exempted from formal competitive procurement requirements if the City Council so determines. a. If it appears to the Purchasing Officer to be in the best interest of overall economy and efficiency of the City to do so, and it is within existing budget appropriation, the 516
ADMINISTRATIVE PROCEDURES
City of Banning
APPROVAL DATE
06/27/17
FINANCE POLICIES POLICY NO.
B-30
APPROVED BY
City Council
POLICY TITLE
PROCUREMENT POLICIES & PROCEDURES
EFFECTIVE
DATE
02/26/2019
17 following supplies, equipment, and materials are determined to be peculiar to the needs of the Water Utility, the Electric Utility, and the Sewer Utility and may be acquired by and under the provisions of Informal Bidding or Negotiations (Art. 4, Sec. 5, Sub. 5‐103 (5) and 5‐109 (2)), regardless of their estimated procurement expenditure amounts, provided that the City Council shall have approved the proposed acquisition if required under the provisions of the Municipal Code, either by approval of the procurement contract, approval of annual purchase orders, or approval within thirty (30) days of any emergency acquisition(s) made in excess of $25,000.00:
Automatic Reclosers with associated controllers and
communications equipment
Power Generation Materials, Equipment,
Parts and Repair
Batteries and Chargers Pipe and Pipe Fittings
Blower Equipment, Parts and Repair Pole Line Hardware
Bus and Bus Support Poles, Utility
Capacitors Mobile Substation
Chemicals Prefabricated Electrical Enclosures
Circuit Breakers Pumps and Repairs
Circuit Switcher Regulators
Conduit and Duct Relaying and Protective Devices
Connectors Road and Backfill Materials
Dewatering Equipment, Parts and Repairs SCADA Equipment Electric Motor Controls Substation and Distribution Automation Equipment
Electrical Motors, Panels, Panel Equipment,
Materials and Repairs
Substation Online Monitoring Equipment
and Devices
Electrical Line Devices Substation Supervisory Equipment Fiber Optics Equipment and Materials Surge Arrestors
Transformers and Accessories Treatment Equipment Switches, Switchgear, and Accessories Testing Equipment
Fittings, Electrical, Water, and Sewer Fire Hydrants
Insulators and Bushings Tubing, Copper and Plastic
Luminaries Valves and Operators
Meter and Metering Devices Vaults and Accessories
Wire and Cable Uninterruptable Power Supplies
Well Equipment (including incidental labor to install,
which labor shall not exceed the amount
set by state law for which bids are required for
public works projects of a general law city)
Such other supplies and materials peculiar
to the needs of the Public Utilities
Department,
which are carried as inventory items
517
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-102, Approving a Cooperative Agreement Between the City of Banning, the City of Beaumont, and the County of Riverside to Share the Cost of a Fire Engine Company RECOMMENDATION:
Adopt Resolution 2024-102.
BACKGROUND:
The City of Banning has contracted with Riverside County Fire Department/CalFire, for Fire Protection, Fire Prevention, Rescue, Fire Marshall and Medical Emergency Services since 1991.
This agreement has been approved in three-year increments. The current agreement was set to expire on June 30, 2024.
JUSTIFICATION:
The City of Banning requested an additional Fire Safety Supervisor be added to our contract on Resolution 2023-195 on December 12, 2023. Riverside County amended the agreement to add that position and extend the agreement to June 30, 2025.
The Cooperative Agreement between the City of Banning, The City of Beaumont, and the County of Riverside to share the cost of a fire engine company was not included in this amendment. This amendment provides service sharing with Station 20 located at 1550 E. Sixth Street in Beaumont until June 30, 2025. Station 20 provides most all services to District 3 and parts of District 4.
The City wishes to amend this agreement to June 30, 2025 to align with the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshall and Medical Emergency Services.
FISCAL IMPACT:
The cost of the agreement is $874,471. The cost of this amendment is included in the original Cooperative Agreement.
ALTERNATIVES:
If City Council chooses not to approve this amendment, the City of Banning will not have access to services provided by Station 20 and all services required for the City of Banning will be provided by Station 89 located at 172 E. Murray Street.
ATTACHMENTS:
1. Resolution 2024-102, Fire Services Amendment.docx
518
2. E20 Cost Share BANNING-BEAUMONT-COUNTY Agreement 07012024-06302029 20240501 FINAL.pdf
3. 25Banning 66HR Estimate.pdf
4. Resolution_2024-102__Fire_Services_Amendment.docx
5. Banning - 6-25-24 CC Staff Report (Joint Cooperative Agreement for Shared Costs for Fire Engine Company).docx
519
Resolution 2024-102
RESOLUTION 2024-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING AN AMENDMENT TO THE COOPERATIVE AGREEMENT BETWEEN THE CITY
OF BANNING, THE CITY OF BEAUMONT, AND THE COUNTY OF RIVERSIDE TO SHARE
THE COST OF A FIRE ENGINE COMPANY
WHEREAS, The City of Banning has contracted with Riverside County Fire Department/CalFire, for Fire Protection, Fire Prevention, Rescue, Fire Marshall and Medical Emergency Services since 1991.This agreement has been approved in three-year increments.
The current agreement was set to expire on June 30, 2024; and WHEREAS, The City of Banning requested an additional Fire Safety Supervisor be added to our contract on Resolution 2023-195 on December 12, 2023. Riverside County amended the agreement to add that position and extend the agreement to June 30, 2025; and WHEREAS, The Cooperative Agreement between the City of Banning, The City of Beaumont, and the County of Riverside to share the cost of a fire engine company was not included in this amendment. This amendment provides service sharing with Station 20 located at 1550 E. Sixth Street in Beaumont until June 30, 2025. Station 20 provides most all services to District 3 and parts of District 4; and
WHEREAS, the City wishes to amend this agreement to expire June 30, 2025 to align with the Cooperative Agreement to Provide Fire Protection, Fire Prevention, Rescue, Fire Marshall and Medical Emergency Services.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the amendment to the Cooperative Agreement between the City of Banning, the City of Beaumont, and the County of Riverside to share the cost of a fire engine.
SECTION 2. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
520
Resolution 2024-102
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
521
Resolution 2024-102
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-102, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
522
Resolution 2024-102
EXHIBIT A
Cooperative Agreement with City of Beaumont and the County of Riverside 523
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
1 of 9
A COOPERATIVE AGREEMENT BETWEEN THE CITY OF BANNING,
THE CITY OF BEAUMONT, AND THE COUNTY OF RIVERSIDE
TO SHARE THE COST OF A FIRE ENGINE COMPANY
THIS AGREEMENT (“Agreement”) was made and entered into this day ______ of __________________, 2024, by and between the County of Riverside, a political subdivision of the State of California, on behalf of its Fire Department (hereinafter referred to as "COUNTY"), and the City of Banning and the City of Beaumont, duly created cities (hereinafter each a “CITY” and collectively as "CITIES"). COUNTY and CITIES hereinafter may also collectively be referred to as the "Parties." SECTION I: PURPOSE
A. The COUNTY has contracted with the City of Banning individually pursuant to that certain Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Banning, dated June 22, 2021, by and between the City of Banning and the County of Riverside, as amended (the "Banning Cooperative Agreement").
B. The COUNTY has contracted with the City of Beaumont individually pursuant to that certain Cooperative Agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Beaumont, dated June 29, 2021, by and between the City of Beaumont and the County of Riverside (the "Beaumont Cooperative Agreement").
C. The CITIES and COUNTY desire to enter into a cost sharing agreement for one (1) fire engine company that will be of mutual benefit for all involved agencies.
The CITIES and COUNTY agree that the current fire engine company provides service to the City of Banning as well as to the City of Beaumont and unincorporated territory of the County.
D. The CITIES and COUNTY desire that each party pay one-third (1/3) of the fire engine staffing costs.
//
//
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524
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
2 of 9
NOW, THEREFORE, IT IS AGREED as follows:
SECTION II: COOPERATIVE OPERATIONS
Emergency Responses: The fire engine shall be dispatched, when available, to all emergencies within the jurisdictions of the CITIES and COUNTY.
SECTION Ill: COST SHARE
The Parties agree the cost of the fire engine shall be billed to CITIES by the COUNTY within the normal quarterly billing pursuant to the CITIES’ respective Cooperative Agreement and the cost will be shown as a line item on that bill. The total amount due under this Agreement by each party will be invoiced on a pro-rata share basis on each party's respective quarterly billing. The CITIES will receive an estimated cost of the fire engine staffing based on the top step salaries of the personnel assigned to the fire engine 20, at the first of the fiscal year. The cost pool of the fire engine staffing costs shall consist of the salaries, benefits, administrative costs of Full Time Employees, and Medic Support Services costs of One (1) Fire Captain, One (1) Fire Apparatus Engineer, One (1) Fire Apparatus Paramedic, Two (2) Firefighter Paramedics, and Three (3) Firefighters.
In the event that the City of Banning secures and receives money from additional funding sources which it allocates to the services described herein, City of Banning shall give COUNTY notice within thirty (30) days, or within a reasonable time thereof, of the amount received. COUNTY will seek reimbursement on behalf of the COUNTY and the City of Beaumont by separate invoice.
SECTION IV: TERM
The term of this Agreement shall be from July 1, 2024, to June 30, 2029. Any party to this Agreement may terminate this Agreement by providing a written notice of termination to the other parties hereto no less than one (1) year prior to the expiration of the term hereof. If such notice is given unilaterally by COUNTY, except any notice issued because of actions of CAL FIRE or CITIES, COUNTY agrees to continue to provide Fire Services to CITIES until such time as CITIES have a reasonable opportunity to implement alternative Fire Services. In no event shall this Agreement be terminated by any party after June 30, 2027.
The City of Banning agrees to continue to seek alternative funding sources for fire protection services
SECTION V: INDEMNIFICATION, AUDIT, DISPUTES, & ATTORNEY'S FEES To the fullest extent permitted by applicable law, COUNTY shall and does agree to indemnify, protect, defend and hold harmless CITIES, their agencies, 525
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
3 of 9
districts, special districts and departments, their respective directors, officers, elected and appointed officials, employees, agents and representatives (collectively, "City lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by COUNTY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of COUNTY, its officers, employees, subcontractors, agents, or representatives (collectively, "County Liabilities"). Notwithstanding the foregoing, the only County Liabilities with respect to which COUNTY's obligation to indemnify, including the cost to defend, the lndemnitees does not apply is with respect to County Liabilities resulting from the negligence or willful misconduct of a City lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement.
To the fullest extent permitted by applicable law, but subject to the limits in this paragraph, each CITY shall and does agree to indemnify, protect, defend and hold harmless COUNTY, its agencies, departments, directors, officers, agents, Board of Supervisors, elected and appointed officials and representatives (collectively, "County lndemnitees") for, from and against any and all liabilities, claims, damages, losses, liens, causes of action, suits, awards, judgments and expenses, attorney and/or consultant fees and costs, taxable or otherwise, of any nature, kind or description of any person or entity, directly or indirectly arising out of, caused by, or resulting from (1) the services performed hereunder by the respective CITY, or any part thereof, (2) the Agreement, including any approved amendments or modifications, or (3) any negligent act or omission of the respective CITY, its officers, employees, subcontractors, agents, or representatives (collectively, "City Liabilities"). No CITY shall be required to indemnify, protect, defend and hold harmless County lndemnitees for the acts or omissions of another CITY giving rise to City Liabilities in that other City pursuant to this Agreement. Furthermore, and notwithstanding the first sentence of this paragraph, the City Liabilities with respect to which each CITY's obligation to indemnify, including the cost to defend, the County lndemnitees does not apply with respect to City Liabilities resulting from the negligence or willful misconduct of a County lndemnitee, or to the extent such claims do not arise out of, pertain to or relate to the Scope of Work in the Agreement." SECTION VI. OWNERSHIP OF THE FIRE ENGINE
The COUNTY owns fire engine 20, and the City of Banning will pay the engine maintenance costs as set forth in the fire engine use agreement through the cost allocation plan as outlined in the “Banning Cooperative Agreement.” 526
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
4 of 9
SECTION VII: DELIVERY OF NOTICES
All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other addresses as the respective parties may provide in writing for this purpose.
CITY OF BANNING CITY OF BEAUMONT
City Manager City Manager
99 East Ramsey Street 550 East 6th Street
Banning, CA 92220-0998 Beaumont, CA 92223
COUNTY OF RIVERSIDE
County Fire Chief
210 West San Jacinto Avenue
Perris, CA 92570
Any notice required to be given hereunder to either party shall be given by personal delivery or be depositing such notice in the U.S. mail to the address listed, certified with return receipt requested, and pre-paid postage affixed. Such notice shall be deemed made when personally delivered or when mailed. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of method of service.
SECTION VIII. GENERAL PROVISIONS
A. ALTERATION OF TERMS
No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the Parties, their officers, agents, or employees, shall be valid unless made in the form of a written amendment to this Agreement, which is formally approved and executed by all Parties.
B. DISPUTES
CITIES shall select and appoint a “Contract Administrator” who shall, under the supervision and direction of CITIES, be available for contract resolution or policy intervention with COUNTY, when, upon determination by the Chief that a situation exists under this Agreement in which a decision to serve the interest of CITIES has the potential to conflict with COUNTY interest or policy. Any dispute concerning a question of fact arising under the terms of this Agreement which is not disposed of within a reasonable period of time by the CITIES and COUNTY employees normally responsible for the administration of this Agreement shall be brought to the attention of the Chief Executive Officer (or designated representative) of each organization for joint resolution. For purposes of this provision, a “reasonable period of time” shall be ten (10) calendar days or less. CITIES and COUNTY agree to continue with the 527
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
5 of 9
responsibilities under this Agreement during any dispute. Disputes that are not resolved informally by and between CITIES and COUNTY representatives may be resolved, by mutual agreement of the Parties, through mediation. Such mediator will be jointly selected by the Parties. The costs associated with mediator shall be shared equally among the participating parties. If the mediation does not resolve the issue(s), or if the Parties cannot agree to mediation, the Parties reserve the right to seek remedies as provided by law or in equity. The Parties agree, pursuant to Battaglia Enterprises v. Superior Court (2013) 215 Cal.App.4th 309, that each of the parties are sophisticated and negotiated this Agreement and this venue at arm’s length. Pursuant to this Agreement, the Parties agree that venue for litigation shall be in the Superior Court of Riverside County. Should any party attempt to defeat this section and challenge venue in Superior Court, the party challenging venue stipulates to request the Court change venue to San Bernardino County and shall not ask for venue in any other County.
Any claims or causes of actions, whether they arise out of unresolved disputes as specified in this Section or claims by third parties that are made against the COUNTY, shall be submitted to the Office of the Clerk of the Board for the County of Riverside in a timely manner. For claims made against the COUNTY that involve CAL FIRE employees, to the extent permissible under the COUNTY’s contract with CAL FIRE, the claims will be forwarded on to CAL FIRE for processing.
C. WAIVER
Any waiver by any of the Parties, separately or collectively, of any breach of any one or more of the terms of this Agreement shall not be construed to be a waiver of any subsequent or other breach of the same or of any other term thereof. Failure on the part of the Parties to require exact, full and complete compliance with any terms of this Agreement shall not be construed as in any manner changing the terms hereof or estopping any one of the CITIES or COUNTY from enforcement hereof.
D. SEVERABILITY
If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provision will nevertheless continue in full force without being impaired or invalidated in any way.
E. ADMINSTRATION
1. The COUNTY Fire Chief shall administer this Agreement on behalf of the County of Riverside.
2. Each CITY’s respective City Manager shall administer this Agreement on behalf of its own CITY.
528
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
6 of 9
F. ATTORNEYS’ FEES
If CITIES fail to remit payments for services rendered pursuant to any provision of this Agreement, COUNTY may seek recovery of fees through litigation, in addition to all other remedies available.
In the event of litigation between COUNTY and CITIES to enforce any of the provisions of this Agreement or any right of either party hereto, the unsuccessful party to such litigation agrees to pay the prevailing party’s costs and expenses, including reasonable attorneys’ fees, all of which shall be included in and as a part of the judgment rendered in such litigation.
G. PUBLIC RECORDS ACT REQUESTS
The Parties understand and acknowledge that, as public agencies, COUNTY and CITIES are required to comply with the Public Records Act (“PRA,” Gov. Code, § 7920 et seq.), which provides for the right of access to public records and other information in the event of the receipt of a qualifying request under the PRA. The Parties understand and acknowledge that such compliance may require disclosure of all relevant, non–exempt documents that fall within the scope of the qualifying request under the PRA, including documents received from and/or concerning the other parties to this Agreement.
H. ELECTRONIC SIGNATURE
This Agreement may be executed in any number of counterparts, each of which will be an original, but all of which together will constitute one instrument. Each party of this Agreement agrees to the use of electronic signature, such as digital signatures that meet the requirements of the California Uniform Electronic Transaction Act ((“CUETA”) Civ. Code, §§ 1633.1 to 1633.17), for executing this Agreement. The Parties further agree that the electronic signatures of the Parties included in this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means an electronic sound, symbol, or process attached to or logically associated with an electronic record and executed or adopted by a person with the intent to sign the electronic record pursuant to the CUETA as amended from time to time. The CUETA authorizes use of an electronic signature for transactions and contracts among parties in California, including a government agency. Digital signature means an electronic identifier, created by computer, intended by the party using it to have the same force and effect as the use of a manual signature, and shall be reasonably relied upon by the Parties. For purposes of this section, a digital signature is a type of “electronic signature” as defined in subdivision (i) of Section 1633.2 of the Civil Code.
I. ENTIRE AGREEMENT
This Agreement is intended by the Parties hereto as a final expression of their understanding, with respect to the subject matter hereof and as a complete and 529
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
7 of 9
exclusive statement of the terms and conditions thereof and supersedes any and all prior and contemporaneous agreement and understanding, oral or written, in connection therewith.
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[Signature Provisions on following page]
530
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
8 of 9
IN WITNESS, WHEREOF, the duly authorized officials of the parties hereto have, in their respective capacities, set their hands as of the date first hereinabove written.
CITY OF BANNING
Dated: ___________________________ By: _____________________________ Alberto Sanchez, City Mayor
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________ Caroline Patton, Administrative City Clerk Serita A. Young, City Attorney
CITY OF BEAUMONT
Dated: ___________________________ By: _____________________________ David Fenn, Mayor
ATTEST: APPROVED AS TO FORM:
By: _____________________________ By: _____________________________ Elain Morgan, City Clerk John O. Pinkney, City Attorney
[ADDITIONAL SIGNATURE PROVISIONS ON NEXT PAGE]
531
COOPERATIVE AGREEMENT TO SHARE THE COST OF FIRE ENGINE 20
CITY OF BANNING, BEAUMONT, & COUNTY OF RIVERSIDE
July 1, 2024 to June 30, 2029
9 of 9
COUNTY OF RIVERSIDE, a political
subdivision of the State of California
Dated: ___________________________ By: _____________________________ Chair, Board of Supervisors
ATTEST: APPROVED AS TO FORM:
MINH C. TRAN,
KIMBERLY A. RECTOR County Counsel
Clerk of the Board
By: _____________________________ By: _____________________________ Deputy MELISSA R. CUSHMAN
Deputy County Counsel
532
CAPTAIN CAPTAIN
MEDICS ENGINEER ENGINEER MEDICS FF II FFII MEDICS TOTALS STA #20
Medic Engine *0 1 *0 1 *0 1 *0 3 *0 2 *0 8
STA #89
Medic Engine 292,463 1 514,582 2 445,245 2 759,393 3 2,011,683 8 66–HR Workweek 292,463 1 292,463 1
SUBTOTALS 584,925 514,582 445,245 759,393 2,304,145
2 2 2 3 9
182,560 182,560 1
$182,560 10
25,352 232,478 9.17
9,442 9,442 1
13,236 2,590 44,888 3
7,655 68,891 9
34.77 25,228 216,803
77,786 155,572 2
36.27 26,317 226,157
3,001.35 11,292 48,939
1,003,170
54,408
36,250 72,500 2
874,471
10 $4,491,254
Administrative/Operational (Schedule A)
Volunteer Program (Schedule B)
Medic Program (Schedule C)
Battalion Chief Support (Schedule D)
ECC Support (Schedule E)
Fleet Support (Schedule F)
Comm/IT Support (Schedule G)
Hazmat Support (Schedule I)
per assigned Staff **
per Entity Allocation
per Fire Station Staff
per Call and
per Fire Suppression Equip
per Call and
per Call and
Medic FTE and
FIRE SAFETY SPECIALIST (PCN 00126230)
each engine
TOTAL ESTIMATED CITY BUDGET
FIRE ENGINE USE AGREEMENT
per Station
per Station
per Defib
per Station
DIRECT CHARGES
SUPPORT SERVICES ESTIMATE SUBTOTAL
COOPERATIVE FIRE ENGINE 20 STAFFING SHARE AGREEMENT
66–HOUR WORKWEEK ESTIMATE
*See notation below for estimate assumptions
CITY OF BANNING
JANUARY 1, 2024 FOR FY2024/2025
AS OF THE DATE OF THIS ESTIMATE, CALFIRE HAS NOT PROVIDED ANY DATA OR COST INFORMATION FOR FY 24/25 THIS ESTIMATE IS BASED ON FY 23/24 DATA AND AN ESTIMATE OF THE 66 HOUR WORK WEEK STAFFING
SUBTOTAL STAFF
each
SUBTOTAL
TOTAL STAFF COUNT
*Engine 20 Staffing on separate additional Exhibit "A"
SUPPORT SERVICES ESTIMATE (Fire Cost Allocation Plan)
FY24/25 ESTIMATE
CITY OF BANNING
1.5 9.0
5,147 0.17
3 ** 9.17
2 1.5
10 420,339 36,250
414,814 25,352
343,598 9,442
292,463 13,236
329,733 2,590
257,291 7,655
291,342 25,228
222,623 34.77
253,131 77,786
101,771 26,317
198,182 36.27
152,706 1,692
117,561 406.98
182,560 11,292
197,036 3,001.35
155,625 1,987
96,017
MEDIC MONITORS/DEFIBS REPLACEMENT
FY 24/25 POSITION SALARIES TOP STEP (per assumptions below)
HAZMAT CALLS
HAZMAT VEHICLE REPLACEMENT
DEPUTY CHIEF FIRE ENGINE
DIV CHIEF SRVDEL
BAT CHIEF VOL DEL
CAPT MEDIC FTE
CAPT MEDIC
ENG BATT DEL
ENG/MEDIC ECC STATION
FF II ECC CALLS
Assigned Staff
*Cost Assumptions:
Battalion Chief Allocation
Total Assigned Staff
Number of Hazmat Calls
Hazmat Stations
Monitors/Defibs
Assigned Medic FTE
Number of Calls
Fire Stations
HAZMAT STATION
COMM/IT STATION
COMM/IT CALLS
FACILITY STATION
FF II/MEDIC FLEET SUPPORT
- Non-Safety Staff and Support Services based on FY23/24 Cost Allocation Plan. - Benefits and Admin Fee based on Staff Benefit Rate Matrix FY 2023-24 dated July 2023 Final
FIRE SAFETY SPECIALIST
FIRE SAFETY SUPERVISOR
FIRE SYSTEMS INSPECTOR
OFFICE ASSISTANT III
- All Salaries based on FINAL Salary, Pay Differentials, and Operating Expenses Schedule FY 2023-2024 Dated February 24, 2023
ADMINISTRATIVE SERVICES ASSISTANT
COUNTY DEPUTY FIRE MARSHAL
EMS SPECIALIST
FIRE PREVENTION TECHNICIAN FACILITY FTE
FY24/25 ESTIMATE
CITY OF BANNING
Resolution 2024-102
RESOLUTION 2024-102
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY OF BANNING, THE CITY
OF BEAUMONT, AND THE COUNTY OF RIVERSIDE TO SHARE THE COST OF A FIRE
ENGINE COMPANY
WHEREAS, the City of Banning has contracted with Riverside County Fire Department/CalFire, for fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, public services assists, Fire Marshall, and medical emergency services since 1991 (the “Banning Cooperative Agreement”); and
WHEREAS, the Riverside County Fire Department/CalFire has contracted separately with the City of Beaumont pursuant to a cooperative agreement to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Beaumont, dated June 29, 2021, by and between the City of Beaumont and the County of Riverside (the "Beaumont Cooperative Agreement").
; and
WHEREAS, the City, the City of Beaumont, and the County desire to enter into a cost sharing agreement for one (1) fire engine company that will be of mutual benefit for the three municipalities (the “Cooperative Agreement”); and
WHEREAS, The Cooperative Agreement provides for service sharing with Station 20 located at 1550 E. Sixth Street in Beaumont until June 30, 2025, which station provides mostly all services to City of Banning City Council District 3 and parts of District 4; and WHEREAS, the City wishes to enter into the Cooperative Agreement with a term that will expire on June 30, 2025, to align with the expiration of the term of the Banning Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves the Cooperative Agreement between the City of Banning, the City of Beaumont, and the County of Riverside to share the cost of a fire engine company, attached hereto as Exhibit A.
SECTION 2. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
535
Resolution 2024-102
Caroline Patton, Administrative City Clerk
City of Banning
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
536
Resolution 2024-102
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-102, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
537
Resolution 2024-102
EXHIBIT A
Cooperative Agreement with City of Beaumont and the County of Riverside 538
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Laurie Sampson, Assistant City Manager
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024- 102, Approving a Cooperative Agreement Between the City of Banning, the City of Beaumont, and the County of Riverside to Share the Cost of a Fire Engine Company RECOMMENDATION:
Adopt Resolution 2024-102.
BACKGROUND:
The City of Banning has contracted with Riverside County Fire Department/CalFire, for fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, public service assists, Fire Marshall, and medical emergency services since 1991 (the “Banning Cooperative Agreement”).
The Banning Cooperative Agreement has been approved in three-year increments.
JUSTIFICATION:
In 2023, the City of Banning requested that the County include an additional Fire Safety Supervisor within the scope of services under the Banning Cooperative Agreement by the City Council’s adoption of Resolution 2023-195 on December 12, 2023. The County subsequently amended the Banning Cooperative Agreement to add that position and extend the term of the Agreement to June 30, 2025.
Separately, the County contracts with the City of Beaumont to provide fire protection, disaster preparedness and response, fire prevention, rescue, hazardous materials mitigation, technical rescue response, medical emergency services, and public service assists for the City of Beaumont (the “Beaumont Cooperative Agreement”).
The City, Beaumont, and the County wish to enter into a cost sharing agreement for a fire engine company that will be of mutual benefit for the City, Beaumont, and the unincorporated territory of the County. The attached proposed Cooperative Agreement between the City of Banning, the City of Beaumont, and the County of Riverside outlines the shared costs for the fire engine company between the three agencies. The proposed Cooperative Agreement provides for service sharing with Station 20 located at 1550 E. Sixth Street in the City of Beaumont until June 30, 2025. Station 20 provides mostly all services to District 3 in the City and parts of District 4 in the City.
The City wishes to enter into this proposed Cooperative Agreement, with a term expiring on June 30, 2025, to align with the services provided under the Banning Cooperative Agreement.
FISCAL IMPACT:
The cost of the proposed Cooperative Agreement is $874,471, which is included in the cost of the Banning Cooperative Agreement. 539
ALTERNATIVES:
If City Council chooses not to approve the proposed Cooperative Agreement, the City of Banning will not have access to services provided by Station 20 and all services required for the City of Banning will be provided by Station 89 located at 172 E. Murray Street.
ATTACHMENTS:
1 540
1. Resolution 2024-102, Fire Services Amendment.docx
2. E20 Cost Share BANNING-BEAUMONT-COUNTY Agreement 07012024-06302029 20240501 FINAL.pdf
3. 25Banning 66HR Estimate.pdf
2 541
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Jennifer Jackson, Grants Coordinator
Doug Schulze, City Manager
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-103, Awarding a Professional Services Agreement to Engineering Solutions Services, Inc. for Grants Services RECOMMENDATION:
Adopt Resolution 2024-103.
BACKGROUND:
On January 26, 2024, Request for Proposals (RFP) 23-049 for Grant Writing and Grant Management was issued and posted on the City's OpenGov bidding site. Seven (7) responsive proposals were received by the February 26, 2024 deadline. The proposals were evaluated by a three-person evaluation committee based upon the selection criteria (i.e., qualifications, pricing, experience, professional references, approach and methodology, overall proposal and presentation). The proposal evaluation results are as follows:
CONSULTANT AVG SCORE
Engineering Solutions Services, Inc. 95.33
Blais & Associates, LLC 91.33
Aptim Environmental & Infrastructure, LLC 86.67
Evan Brooks Associates, Inc. 83.50
California Consulting, Inc. 74.33
Townsend Public Affairs 71.83
Focus Point Emergency Management Consulting Services 58.67 As a result, staff recommends the award of a professional services agreement to the highest scoring firm, Engineering Solutions Services, Inc. (ESS), for a recommended not-to-exceed amount of $160,000.
The contract term will be for a period of one (1) year with four (4) optional one-year extensions. Under the proposed agreement, ESS will provide an initial grant funding needs assessment and strategy (Year 1), grant opportunity development, grant funding research, grant writing services (quotes to be provided on a project-by-project basis), grant management & administrative services (quotes to be provided on a project-by-project basis), and ongoing communication and support.
JUSTIFICATION:
As a Disadvantaged Community, the City has utilized grant writing firms to help maximize its potential to secure funding from local, regional, state and federal grant programs. Successful grant applications have allowed the City to fund/complete important pilot projects, feasibility studies, recreation programming, 542
homeless operations/programs, planning and construction projects, etc. that would not have been possible otherwise. Over the last 4.5 years, the City has enjoyed a return on investment (ROI) of 75:1 ($75 in grant funding received per dollar invested) as a result of outstanding performance by the City's previous grant services firm.
The City has been very successful in securing federal grant funding due to professional grant writing assistance; this includes opportunities funded by the passage of the $1.2 trillion Infrastructure Investment and Jobs Act (IIJA) in 2021 (which continues to provide significant grant funding opportunities for transportation, broadband, water, environmental, and other projects). These grant applications are often technical and time-consuming, requiring collaboration of several subject matter experts dedicated to grant writing. City staff is unable to undertake and complete such complex tasks within the short timeframe allotted by granting agencies.
As the state of California struggles to resolve its current budget crisis, both the legislature and Governor have advocated for massive cuts to regional and local government grant programming. With less funding opportunities anticipated, it will be imperative for the City to continue utilizing experienced and successful grant writing consultants in an increasingly competitive grant-seeking environment.
FISCAL IMPACT:
Not-to-exceed contract amount of $160,000 is budgeted in Professional Services/Grants Management account 001-1230-412.33-11 for FY 24/25.
ALTERNATIVES:
1. Adopt Resolution 2024-103 as recommended.
2. Adopt Resolution 2024-103 with modifications.
3. Do not Adopt Resolution 2024-103 and provide alternative direction to staff.
ATTACHMENTS:
1. Resolution 2024-103, Grant Services ESS.docx
2. Exhibit A - C01026- PSA Grant Writing.pdf
3. Proposal ESS
543
Resolution 2024-103
RESOLUTION 2024-103
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BANNING, CALIFORNIA,
APPROVING A PROFESSIONAL SERVICES AGREEMENT TO ENGINEERING SOLUTIONS SERVICES, INC. FOR GRANTS SERVICES IN AN AMOUNT NOT-TO-EXCEED $160,000 WHEREAS, the City of Banning is a Disadvantaged Community and full-service municipal agency that relies on grant funding to help support City projects and services; and WHEREAS, the City has identified the need for assistance to secure grant funding utilizing professional grants services; and
WHEREAS, through the solicitation of a Request for Proposals (RFP) 23-049 released on January 26, 2024, the City received and evaluated seven proposals which resulted in Engineering Solutions Services, Inc. submitting the highest ranked proposal; and WHEREAS, staff has recommended the approval of a Professional Services Agreement with Engineering Solutions Services, Inc. in an amount not-to-exceed $160,000 to be funded by FY 24/25 Professional Services/Grants Management account 001-1230-412.33-11.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Banning as follows:
SECTION 1. The City Council approves a Professional Services Agreement with Engineering Solutions Services, Inc. for Grants Services in an amount not-to-exceed $160,000 with a renewal option for four (4) additional single-year periods.
SECTION 2. The City Council authorizes the City Manager to make non-substantive revisions to the agreement and to execute the Agreement on behalf of the City Council.
SECTION 3. The City Council authorizes the City Manager, or designee, to make necessary budget adjustments, appropriations, and transfers related to this resolution.
SECTION 4. The City Clerk shall certify the adoption of this resolution and shall cause a certified resolution to be filed in the book of original resolutions.
PASSED, APPROVED AND ADOPTED this 25th day of June 2024.
Alberto Sanchez, Mayor
City of Banning
ATTEST:
Caroline Patton, Administrative City Clerk
City of Banning
544
Resolution 2024-103
APPROVED AS TO FORM:
Serita R. Young, City Attorney
Richards, Watson & Gershon
545
Resolution 2024-103
CERTIFICATION:
I, Caroline Patton, Administrative City Clerk of the City of Banning, California, do hereby certify that the foregoing Resolution 2024-103, was duly adopted by the City Council of the City of Banning, California, at a regular meeting thereof held on the 25th day of June 2024 by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Caroline Patton, Administrative City Clerk
City of Banning, California
546
Resolution 2024-103
Exhibit A
Professional Services Agreement with ESS, Inc.
547
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2344655v8
AGREEMENT FOR PROFESSIONAL SERVICES (C001026) FOR
GRANT RESEARCH, WRITING, AND MANAGEMENT SERVICES BY
AND BETWEEN CITY OF BANNING AND ENGINEERING SOLUTIONS
SERVICES INC.
THIS AGREEMENT FOR PROFESSIONAL SERVICES (herein “Agreement”) is made and entered into this day: ___________________, (“Effective Date”) by and between the CITY OF BANNING, a California municipal corporation (“City”) and Engineering Solution Services Inc., a California Corporation (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the “Parties.”
RECITALS
A. City has sought by issuance of a Request for Proposal ( RFP #23-049) the performance of the Grant Research, Writing, and Management Services and as further defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, was selected by City to perform those services.
C. The Parties desire to formalize the selection of Consultant for performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
D. Pursuant to the City of Banning’s Municipal Code, City has authority to enter into this Agreement.
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those services specified in the “Scope of Services” attached hereto as Exhibit A and incorporated herein by this reference, which services may be referred to herein as the “Services” hereunder. As a material inducement to City entering into this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the Services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. Consultant covenants that it shall follow the highest professional standards in performing the Services required hereunder and that all materials will be of good quality, and fit for the purpose intended. For purposes of this Agreement, the phrase “highest professional 548
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standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Contract Documents and Exhibits.
This Agreement includes the Request for Proposal and Consultant’s accepted proposal (“Contract Documents”), both of which are on file with the City and incorporated herein by this general reference as though fully set forth herein. Exhibit A (Scope of Services), Exhibit B (Special Requirements), Exhibit C (Schedule of Compensation), and Exhibit D (Schedule of Performance) also constitute a part of this Agreement and are incorporated into this Agreement by this reference. Except as set forth in Section 1.10 regarding Exhibit B, this Agreement controls over the Contract Documents and the provisions in Exhibits A, B and C.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning all ordinances, resolutions, statutes, rules, and regulations of City and any Federal, State or local governmental entity having jurisdiction in effect at the time service is rendered, and shall render all Services hereunder in accordance therewith.
1.4 Licenses, Permits, Fees and Assessments.
Consultant shall obtain and maintain during the term of this Agreement, at its sole cost and expense, all necessary licenses, permits, certificates and approvals required by law for the performance of Services under this Agreement, including a City business license. Consultant shall have the sole obligation to pay for all fees, assessments and taxes, plus applicable penalties and interest, which may be imposed by law and which arise from or are necessary for Consultant’s performance of the Services required by this Agreement. Consultant shall indemnify, defend and hold harmless City, its officers, employees or agents, against all such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City hereunder.
1.5 Familiarity with Services.
By executing this Agreement, Consultant warrants that Consultant: (i) has thoroughly investigated and considered the Scope of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) fully understands the facilities and any difficulties and restrictions attending performance of the Services under this Agreement. If the Services involve work upon any site, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions existing therein, prior to commencement of Services hereunder. Should Consultant discover any latent or unknown conditions, which will materially affect the performance of the Services hereunder, Consultant shall immediately inform City of such fact and shall not proceed except at Consultant’s risk until written instructions are received from the Contract Officer (defined in Section 1.12. A).
1.6 Prevention of Loss and Damages.
Consultant shall adopt reasonable methods during the Term (defined in Section 3.4) to furnish continuous protection to the work product, and the equipment, materials, papers, 549
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documents, plans, studies and/or other components thereof to prevent losses or damages, and shall be responsible for all such damages, to persons or property, until acceptance of the Services by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents and take all actions as may be reasonable necessary to carry out the purposes of this Agreement. Unless hereafter specified, neither Party shall be responsible to perform the Services of the other.
1.8 Additional Services.
City shall have the right at any time during the performance of the Services, without invalidating this Agreement, to order extra services beyond that specified in the Scope of Services or to make changes by altering, adding to or deducting from the Services. No such extra services may be undertaken unless a written order is first given by the Contract Officer to Consultant, which written order incorporates therein an adjustment in (i) the Contract Sum (as defined in Section
2.1), and/or (ii) the Schedule of Performance, (as defined in Section 3.2), and which written order is approved in writing by Consultant. Any increase in compensation of up to ten percent (10%) of the Contract Sum, or $25,000, whichever is less; or in the Schedule of Performance of up to one hundred eighty (180) days may be approved by the Contract Officer. Any greater increases, taken either separately or cumulatively, must be approved by City Council. It is expressly understood by Consultant that the provisions of this Section shall not apply to Services which are specifically set forth in the Scope of Services or which are reasonably contemplated therein. Consultant hereby acknowledges that it accepts the risk that the Services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor.
1.9 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the Services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as City deems, in its sole discretion, to be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, quality, and time of furnishing City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to a computer, long distance telephone, network data, internet or other communication charges, vehicles and reproduction facilities.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof are set forth in the “Special Requirements” attached hereto as Exhibit B and incorporated herein by this reference. In the event of a conflict between the provisions of Exhibit B and any other provisions of this Agreement, the provisions of Exhibit B shall govern. 550
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1.11 Corrections.
In addition to the indemnification obligations set forth in Article 4, and Sections 1.4, 1.13,
5.3, 5.4, and 6.3, Consultant shall correct, at its expense, all errors in the Services which may be disclosed during City’s review of Consultant’s report or plans. Should Consultant fail to make such correction(s) in a reasonably timely manner, such correction(s) may be made by City, and the cost thereof shall be charged to Consultant. In addition to all other available remedies, City may deduct the cost of such correction(s) from any retention amount held by City, or may withhold payment otherwise owed Consultant under this Agreement up to the amount of the cost of correction(s), as provided in Section 6.3.
1.12 Party Representatives.
A. Contract Officer: For the purposes of this Agreement, the Contract Officer shall be the City Manager, or such other person designated in writing by the City Manager (“Contract Officer”). Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of City required hereunder to carry out the terms of this Agreement.
B. Principals and Personnel of Consultant.
1) Consultant Representative: The following principal of Consultant is hereby designated as being the Consultant Representative authorized to act on Consultant’s behalf regarding the Services specified herein and make all decisions in connection therewith:
Name Title
Sudi Shoja Principal
It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Consultant Representative were a substantial inducement for City to enter into this Agreement. Therefore, the foregoing Consultant Representative shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the Services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Consultant Representative. For purposes of this Agreement, the foregoing Consultant Representative may not be replaced nor may their responsibilities be substantially reduced or reassigned by Consultant without the express written approval of City. It shall be Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the Services, and Consultant shall refer any decisions which must be made by City to the Contract Officer. 2) Consultant’s Personnel: Consultant has, or will secure at its own expense, all personnel required to perform the Services required under this Agreement. All of the Services required under this Agreement shall be performed by Consultant or under its supervision, and all personnel engaged in the Services shall be qualified to perform such Services. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement. 551
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Consultant shall notify City of all changes in Consultant’s staff and sub-contractors, if any, assigned to perform the Services required under this Agreement, prior to and during any such performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or sub-contractor of Consultant, City shall give notice as set forth in Section 8.1. Consultant shall, immediately upon the receipt of the notice to re-assign staff from City, reassign such person or persons.
1.13 Independent Contractor.
A. Consultant is an independent contractor and not an employee of City.
Consultant shall have no power to incur any debt, obligation, or liability on behalf of City. All Services provided pursuant to this Agreement shall be performed by Consultant or under its supervision. Consultant will determine the means, methods, and details of performing the Services. Any additional personnel performing Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.
B. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from Consultant’s personnel practices. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section.
1.14 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, the Consultant Representative and employees were a substantial inducement for City to enter into this Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the Services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty-five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this 552
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Agreement shall be void. No approved transfer shall release Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, as full compensation for Services satisfactorily rendered, City shall pay Consultant at the hourly rates set forth in the “Schedule of Compensation” attached hereto as Exhibit C and incorporated herein by this reference. In no event shall Consultant be paid more than One Hundred Sixty Thousand Dollars ($160,000.00) (the “Contract Sum”). The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by City. Coordination of the performance of the Services with City is a critical component of the Services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending those meetings.
2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion of the Services, (ii) payment in accordance with specified tasks or the percentage of completion of the Services, (iii) payment for time and materials based upon Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
City shall only reimburse Consultant for those actual and necessary expenses expressly set forth in Exhibit C. Reimbursable expenses may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual sub-contractor expenses of an approved sub-contractor pursuant to Section 1.14, and only if specified in the Schedule of Compensation.
2.4 Unauthorized Services and Expenses.
City will not pay for any Services or reimburse for any expenses incurred which are not specified in the Scope of Services, unless authorized in writing as set forth in Section 1.8 of this Agreement. City shall make payment for such authorized additional Services and expenses in accordance with Article 2 of this Agreement.
2.5 Invoices.
Each month Consultant shall furnish to City an original invoice for all Services performed and expenses incurred during the preceding month. Each such invoice shall contain all of the information set forth in Section III of Exhibit C to this Agreement. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the 553
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Agreement. Consultant shall not invoice City for any duplicate Services performed by more than one person.
City shall independently review each invoice submitted by Consultant to determine whether the Services performed and expenses incurred are in compliance with the provisions of this Agreement. City will use its best efforts to cause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice, except as to any charges for Services performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 6.3. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission. Review and payment by City of any invoice provided by Consultant shall not constitute waiver of any rights or remedies provided herein or any applicable law.
2.6 Waiver.
Payment to Consultant for Services performed pursuant to this Agreement shall not be deemed to waive any defects in Services performed by Consultant.
ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the Services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit D and incorporated herein by this reference.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the Services rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant. Such unforeseeable consequences include, but are not restricted to, acts of God or public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including City, if Consultant shall within ten (10) days of the commencement of such delay notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the Services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified, subject to the provisions of Section 1.8. The Contract Officer’s determination (or the City Council’s determination, in the event the period of enforced delay exceeds the period specified in Section
1.8) shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant 554
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be entitled to recover damages against City for any delay in the performance of this Agreement, however caused; Consultant’s sole remedy shall be the extension of the Agreement pursuant to this Section.
3.4 Term.
The Term of this Agreement shall be from the Effective Date through June 30, 2025, with four (4) one-year optional renewal terms, unless sooner terminated as provided in Article 6 of this Agreement or extended as provided in Sections 1.8 and 3.3 of this Agreement. Maximum term and any subsequent amendment or modification shall not exceed five (5) years.
ARTICLE 4. INSURANCE AND INDEMNIFICATION
4.1 Minimum Scope and Limits of Insurance.
Consultant shall procure and at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
A. Commercial General Liability Insurance with a minimum limit of $1,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If Consultant is a limited liability company, the commercial general liability coverage shall be amended so that Consultant and its managers, members, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
B. Automobile Liability Insurance for any owned, non-owned or hired vehicle used in connection with the performance of this Agreement with a combined single limit of $1,000,000.00 per accident for bodily injury and property damage. If Consultant does not use any owned, non-owned or hired vehicles in the performance of Services under this Agreement, Consultant shall obtain a non-owned auto endorsement to the Commercial General Liability policy.
C. Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If Consultant has no employees while performing Services under this Agreement, workers’ compensation policy is not required; however, Consultant shall execute a declaration that it has no employees.
D. Professional Liability/Errors and Omissions Insurance with minimum limits of $1,000,000.00 per claim and in the aggregate.
4.2 Acceptability of Insurers.
The insurance policies required under this Article shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest 555
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edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Article.
4.3 Additional Insured.
The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds.
4.4 Primary and Non-Contributing.
The insurance policies required under this Article shall apply on a primary noncontributing basis in relation to any other insurance or self-insurance available to City. Any insurance or self-insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
4.5 Consultant’s Waiver of Subrogation.
The insurance policies required under this Article shall not prohibit Consultant and Consultant’s employees, agents or sub-contractors from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against City.
4.6 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by City. At City’s option, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City; or Consultant shall procure a bond guaranteeing payment of losses and expenses.
4.7 Cancellations or Modifications to Coverage.
Consultant shall not cancel, reduce or otherwise modify the insurance policies required by this Article during the term of this Agreement. The commercial general and automobile liability policies required under this Agreement shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to City. If any insurance policy required under this Article is canceled or reduced in coverage or limits, Consultant shall, within two (2) Business Days (as defined in Section 8.12) of notice from the insurer, phone, fax or notify City via certified mail, return receipt requested, of the cancellation of or changes to the policy.
4.8 City Remedy for Noncompliance.
If Consultant does not maintain the policies of insurance required under this Article in full force and effect during the term of this Agreement, or in the event any of Consultant’s policies do not comply with the requirements under this Article, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
Consultant shall promptly reimburse City for any premium paid by City, or City may withhold amounts sufficient to pay the premiums from payments due to Consultant. 556
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4.9 Evidence of Insurance.
Prior to the performance of Services under this Agreement, Consultant shall furnish the City Clerk with a certificate or certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Article. The endorsements are subject to City’s approval. Consultant may provide complete, certified copies of all required insurance policies to City. Consultant shall maintain current endorsements on file with the City Clerk.
Consultant shall provide proof to the City Clerk that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall furnish such proof at least two (2) weeks prior to the expiration of the coverages.
4.10 Indemnity Requirements not Limiting.
Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duty to indemnify City under this Agreement.
4.11 Sub-contractor Insurance Requirements.
Consultant shall require each of its sub-contractors that perform Services under this Agreement to maintain insurance coverage that meets all of the requirements of this Article.
4.12 Indemnification, Hold Harmless, and Duty to Defend.
A. Indemnification of City.
1) To the fullest extent permitted by law, Consultant shall, at its sole cost and expense, defend, hold harmless and indemnify City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith and the payment of all consequential damages (collectively “Liabilities”), at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties. Consultant shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. Consultant shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
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2) Consultant shall pay all required taxes on amounts paid to Consultant under this Agreement, and indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant shall fully comply with the workers’ compensation law regarding Consultant and Consultant’s employees. Consultant shall indemnify and hold City harmless from any failure of Consultant to comply with applicable workers’ compensation laws. City may offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this subparagraph A.2. 3) Consultant shall obtain executed indemnity agreements with provisions identical to those in this Article from each and every sub-contractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement.
If Consultant fails to obtain such indemnity obligations, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant’s sub-contractor, its officers, agents, servants, employees, sub-contractors, materialmen, consultants or their officers, agents, servants or employees (or any entity or individual that Consultant’s sub-contractor shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees as determined by court decision or by the agreement of the Parties.
B. Workers’ Compensation Acts not Limiting. Consultant’s indemnifications and obligations under this Article, or any other provision of this Agreement, shall not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
C. Insurance Requirements not Limiting. City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities in this Article shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against City.
D. Survival of Terms. Consultant’s indemnifications and obligations under this Article shall survive the expiration or termination of this Agreement.
ARTICLE 5. RECORDS, REPORTS, AND RELEASE OF INFORMATION
5.1 Service Records.
Consultant shall keep, and require sub-contractors to keep, such ledgers, books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and Services performed hereunder (the “Service Records”), as shall be necessary to perform the Services required by this Agreement and enable the Contract Officer 558
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to evaluate the performance of such Services. Any and all such Service Records shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such Service Records at all times during normal business hours of City, including the right to inspect, copy, audit and make copies and transcripts from such Service Records. Such Service Records shall be maintained for a period of three (3) years following completion of the Services hereunder, and City shall have access to such Service Records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the Service Records may be given to City, and access shall be provided by Consultant’s successor in interest (“Consultant’s Successor”). If custody of the Service Records is given to Consultant’s Successor, Consultant shall give written notice to City of the transfer of the Service Records to Consultant’s Successor. The notice shall include contact information (address and telephone number) for Consultant’s Successor, and access shall be provided to City by Consultant’s Successor.
5.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the Services required by this Agreement as the Contract Officer shall require. Consultant hereby acknowledges that City is greatly concerned about the cost of Services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the Services contemplated herein, Consultant shall promptly notify the Contract Officer of that fact, circumstance, technique or event and the estimated increased or decreased cost related thereto.
5.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “Consultant Documents”) prepared by Consultant, its employees, sub-contractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the Consultant Documents hereunder. Any use, reuse or assignment of such completed Consultant Documents for other projects and/or use of uncompleted Consultant Documents without specific written authorization by Consultant will be at City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use or assignment. Consultant may retain copies of such Consultant Documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. All sub-contractors shall provide for assignment to City of all Consultant Documents prepared by them; and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
5.4 Confidentiality and Release of Information.
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the 559
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public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the Contract Officer.
B. Consultant, its officers, employees, agents or sub-contractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
C. If Consultant, or any officer, employee, agent or sub-contractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct.
D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or sub-contractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any Party regarding this Agreement and the Services performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant. However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite the response.
ARTICLE 6. ENFORCEMENT OF AGREEMENT AND TERMINATION
6.1 California Law.
This Agreement, and any dispute arising from the relationship between the Parties to this Agreement, shall be interpreted, construed and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, in Riverside.
6.2 Disputes; Default.
A. In the event that City determines Consultant is in default under the terms of this Agreement, City shall have no obligation or duty to continue compensating Consultant for any Services performed after the date of default. In addition to the provisions of Section 4.8, and the right to terminate pursuant to Section 6.7, if the City Manager determines that Consultant is in default in the performance of any of the terms or conditions of this Agreement, City may serve Consultant with written notice of the default. Consultant shall have ten (10) calendar days after service upon it of the notice in which to cure the default by rendering a satisfactory performance. 560
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In the event that Consultant fails to cure its default within such period of time, City may, notwithstanding any other provision of this Agreement, terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
B. In the event of termination pursuant to this Section, City may take over the Services and prosecute the same to completion by contract or otherwise, and Consultant shall be liable to the extent that the total cost for completion of the Services required hereunder exceeds the compensation herein stipulated (provided that City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to Consultant for the purpose of set-off or partial payment of the amounts owed City as provided in Section 6.3.
6.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement): (i) any payment amount of which may be in dispute hereunder or which is necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, (ii) all amounts retained pursuant to the provisions of Section 4.8, (iii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement, and (iv) all payments due or that become due to Consultant during the period that Consultant or any of its sub-contractors fail to maintain any required insurance in full force and effect, until notice is received by City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to City, as provided in Section 4.9, above. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of Consultant to insure, indemnify, and protect City as elsewhere provided herein.
6.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non-defaulting Party on any default shall impair such right or remedy or be construed as a waiver.
Any waiver by either Party of any default must be in writing, and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
6.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party 561
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of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
6.6 Legal Action.
In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary provision herein, Consultant must file a statutory claim pursuant to Government Code Sections 905 et seq. and 910 et seq., in order to pursue a legal action against City under this Agreement.
6.7 Termination Prior to Expiration of Term.
This Article 6 shall govern any termination of this Agreement except as specifically provided in Section 6.2 for termination for default of Consultant. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of Consultant, the period of notice may be a shorter time as may be determined by the Contract Officer. In addition, Consultant reserves the right to terminate this Agreement at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of City, the period of notice may be a shorter time as Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all Services hereunder except such as may be specifically approved by the Contract Officer. Except where Consultant has initiated termination, Consultant shall be entitled to compensation for all Services rendered prior to the effective date of the notice of termination and for any Services authorized by the Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer, except as provided in Section 6.3. In the event Consultant has initiated termination, Consultant shall be entitled to compensation only for the reasonable value of the work product actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 6.2.
6.8 Attorneys’ Fees.
In any litigation or other proceeding by which a Party seeks to enforce its rights under this Agreement (whether in contract, tort or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing Party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorneys’ fees. Attorneys’ fees shall include attorney’s fees on any appeal, and in addition the Party entitled to attorneys’ fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. 562
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ARTICLE 7. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
7.1 Non-liability of City Officers and Employees.
No officer or employee of City shall be personally liable to Consultant, or Consultant’s Successor, in the event of any default or breach by City or for any amount which may become due to Consultant or Consultant’s Successor, or for breach of any obligation of the terms of this Agreement.
7.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or sub-contractor without the express written consent of the Contract Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of City shall have any direct or indirect financial interest in this Agreement within the scope of Government Code section 1090, nor shall any such officer or employee make, participate in making, or use his or her official position to influence, any City decision relating to the Agreement which has a material financial effect on his or her financial interests or the financial interests of any corporation, partnership or association in which he or she is, directly or indirectly, interested, in violation of any State statute or regulation. Consultant warrants that it has not paid or given, and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Consultant and its officers, employees, associates and sub-contractors, if any, shall comply with all conflict of interest statutes of the State of California applicable to Consultant’s Services under this Agreement, including the Political Reform Act (Gov. Code § 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant may perform similar services for other clients; but Consultant and its officers, employees, associates and subcontractors shall not, without the Contract Officer’s prior written approval, perform services for another person or entity for whom Consultant is not currently performing services that would require Consultant or one of its officers, employees, associates or sub-contractors to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant shall incorporate a clause substantially similar to this Section into any subcontract that Consultant executes in connection with the performance of this Agreement.
7.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, marital status, national origin, or ancestry in the performance of this Agreement.
Consultant shall take affirmative action to insure that applicants are employed, and that employees 563
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are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, or ancestry, or other protected class.
7.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of Services covered by this Agreement, and should the any liability or sanctions be imposed against City for such use of unauthorized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by City.
ARTICLE 8. MISCELLANEOUS PROVISIONS
8.1 Notices.
Any notice, demand, request, document, consent, approval, bill, invoice, report or other communication required or permitted under this Agreement shall be in writing and conclusively deemed effective: (a) on confirmed delivery by courier service or overnight delivery service during Consultant’s and City’s regular business hours; or (b) three (3) Business Days after deposit in the United States mail, by certified or registered mail, and addressed to the Party to be notified as set forth below:
If to City Attn: Jennifer Jackson
Grants Program Manager
City of Banning
99 East Ramsey Street
Banning, California 92220
Email: [email protected]
With a courtesy copy to: Serita R. Young, City Attorney Richards, Watson & Gershon
350 South Grand Avenue, 37th Floor
Los Angeles, California 90071
Email: [email protected]
If to Consultant: Attn: Sudi Shoja
Principal
Engineering Solutions Services, Inc.
23232 Peralta Drive, Suite 112
Laguna Hills, CA 92653
Email: [email protected]
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8.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
8.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
8.4 Integration; Amendment.
This Agreement, and all exhibits referred to in this Agreement, constitute the final, complete and exclusive statement of the terms of the agreement between the Parties pertaining to the subject matter of this Agreement and supersede all other and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No Party has been induced to enter into this Agreement by, nor is any Party relying on, any representation or warranty except those expressly set forth in this Agreement. No amendment to or modification of this Agreement, nor any provision or breach hereof waived, shall be valid unless made in writing and approved by Consultant and by City Council. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
8.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
8.6 Mutual Cooperation.
A. City’s Cooperation. City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for Consultant’s proper performance of the Services required under this Agreement.
B. Consultant’s Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires. 565
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8.7 No Third Party Beneficiaries Intended.
This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity may have or acquire a right by virtue of this Agreement.
8.8 Final Payment Acceptance Constitutes Release.
The acceptance by Consultant of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Consultant for anything done, furnished or relating to Consultant’s Services. Acceptance of payment shall be any negotiation of City’s check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Consultant, its employees, sub-contractors and agents for the accuracy and competency of the information provided and/or Services performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the Services prepared by Consultant, its employees, sub-contractors and agents.
8.9 Non-Appropriation of Funds.
Payments to be made to Consultant by City for Services performed within the current fiscal year which are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant’s Services beyond the current fiscal year, this Agreement shall cover payment for Consultant’s Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
8.10 Headings.
The headings in this Agreement are included solely for convenience of reference and shall not affect the interpretation of any provision of this Agreement or any of the rights or obligations of the Parties to this Agreement.
8.11 Word Usage.
Unless the context clearly requires otherwise, (a) the words “shall,” “will” and “agrees” are mandatory and “may” is permissive; (b) “or” is not exclusive; and (c) “includes” or “including” are not limiting.
8.12 Business Days.
“Business Days” refers to days that the Banning City Hall is open for business.
8.13 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i): such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver 566
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this Agreement on behalf of that Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which that Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
8.14 Electronic Signatures.
Each Party may adopt as its signature an electronic identification consisting of a symbol or code that is affixed to or contained in each document transmitted by such Party (“electronic signature”). The Parties hereto herby agree that electronic signatures are acceptable, shall have the same force and effect under the law as original wet signatures, and shall be sufficient to verify that the Parties have executed this Agreement and such other documents transmitted by the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF the Parties hereto have executed this Agreement the day and year first hereinabove written.
CITY OF BANNING CONSULTANT
Douglas Schulze, Date
City Manager
NAME: Date
TITLE:
NAME: Date
TITLE:
ATTEST:
Tax ID No.
Caroline Patton Date
Administrative City Clerk
Address:
APPROVED AS TO FORM:
Richards, Watson & Gershon
City Council Approval: _____________
Serita R. Young Date
City Attorney
NOTE: PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED. APPROPRIATE
ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
568
Exhibit “A”-1
EXHIBIT “A”
SCOPE OF SERVICES
I. Consultant will perform the following Services in connection with providing Gratn Research, Writing, and Management prepared in connection therewith:
II. As part of the Services, Consultant will prepare and deliver the following tangible work products and services to City:
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Proposal to Provide Grant Writing, Management, and Compliance Services 4 B. PROPOSAL
a. Statement of Understanding and Approach
STATEMENT OF UNDERSTANDING
We understand that the City is seeking a qualified firm to provide grant writing and management services. ESS is a multi-disciplinary grant funding company comprised of technical experts and former agency personnel. We have reviewed the City’s Two-Year Budget and City’s Five- Year CIP (2023-2027) and have identified funding for many of City’s Projects.
Our team is one of the leading consultants in preparation of successful grants for many public agency grant programs administered by the State Water Resources Control Board (SWRCB), California Department of Water Resources (DWR), U.S. Bureau of Reclamation (BOR), U.S.
Department of Transportation (DOT), California Department of Transportation (Caltrans), Air Quality Management District (AQMD), Environmental Protection Agency (EPA), California Department of Parks and Recreation, U.S. Federal Emergency Management Agency (FEMA)/ California Governor’s Office of Emergency Services (CalOES), U.S. Department of Housing and Urban Development (HUD), California Department of Housing and Urban Development, and other State and Federal organizations. As it is demonstrated below, based on our relationship with each of these agencies, we will be able to arrange for discussions prior to stat of grant pursuits to gain insights on creating winning applications for the City.
ESS team members have diversified experience that ranges from planning and design of utility projects to emergency preparedness and parks and recreation projects. ESS has also been very successful in obtaining funding from new funding sources that we will recommend to the City for consideration. ESS will leverage their expertise to identify and secure the maximum grant funding possible for the City’s priority projects.
METHODOLOGY TO PERFORM ACTIVITES IN THE SCOPE OF WORK
The ESS team believes in a full-circle approach to obtaining grant funding. This approach and the methodology behind it will encompass all aspects of the grant research, writing, and management services identified in the RFP.
Task 1. Grant Funding Needs Assessment and Strategy
Task 2. Grant Opportunity Development
Task 3. Grant Funding Research Services
Task 4. Grant Writing Services
Task 5. Grant Management and Administrative Services
Task 6. Ongoing Communication and Support
As demonstrated in our scope of work and approach, our key services at ESS align directly with all tasks identified in the RFP.
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Proposal to Provide Grant Writing, Management, and Compliance Services 5 We understand that the City has several key projects in the City’s Capital Improvement Program (CIP) which could be funded with external sources. ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. The below table provides a quick glance of our experience in preparation of grant applications for similar projects.
ESS has been providing grant management and compliance monitoring services for State and Federal funded projects on behalf of several agencies since the start of our company. As you will read in the subsequent sections, ESS’s approach to grant management and compliance monitoring is holistic and ensures that all management and compliance tasks are met efficiently and promptly. Our approach can be broken down into the below general tasks to meet the City’s goals.
Agency Projects Funding Sources Value
(millions)
City of Arvin WWTP upgrade, RW DWR, BOR, CalRecycle $ 30.80 City of Belvedere Sea Level Rise, Erosion Control Dept of Parks, FEMA/BRIC $ 26.00 City of Carlsbad Parks, SCADA, Street Impr. CPF, CalRecycle, ATP, HSIP, SWRCB $ 14.80 Central Basin Municipal Water District Multiple RW Projects SWRCB, Prop 13,68 $ 19.90 Chino Basin Muni Conservation District Channel Diversion BOR, MWD $ 1.00 City of Colton Reservoir FEMA/CalOES $ 6.00
City of Commerce Traffic Signal Coordination HSIP $ 1.00 Coachella Valley Water District AMI, Stormwater WIFIA, FEMA, BOR $ 58.50 City of Downey Water Quality SWRCB $ 8.00
Desert Water Agency Water/Energy Efficiency BOR $ 0.60
City of Fort Bragg
Water Supply Pipeline & Reservoir
DWR/SWRCB $ 19.50
City of Hemet Flood, Energy, Water, Sewer, Traffic SWRCB, LPP, HBP, Prop 68 $ 28.00 City of Indian Wells Stormwater DWR, CFP $ 5.80
City of Irvine Multiple Projects ATP, HSIP $ 2.00
City of Long Beach Complete Street Project LPP $ 2.88
Long Beach Water Department Parks, AMI, Wells, RW, Security BOR, SWRCB, FEMA $ 7.75 Mission Springs Water District Water/Energy Efficiency BOR $ 0.30 City of Newport Beach Emergency Management FEMA/Cal EMA $ 9.00 Olivenhain Water District AMI BOR $ 0.50
Orchard Dale Water District Seismic Retrofit FEMA/CalOES $ 3.00 City of Palm Springs WWTP, Cogen Project SWRCB SRF/GPR $ 37.00 City of Petaluma AMI, RW DWR $ 11.65
City of Redwood City RW & AMI SWRCB $ 7.00
San Bernardino Associated Government Energy/GHG Reduction TIRCP/DOT $ 39.20 San Bernardino Municipal
Water Department
RW, Water & Sewer FEMA, SWRCB, BOR, DWR $ 33.30
City of Sacramento Parks, Water & Sewer, SW EPA, Parks, BOR, SWRCB $ 13.10 City of Santa Ana RW, Energy, Water, Sewer, Parks Various $ 74.95 Santa Clarita Valley Water Agency AMI, Wells, PFAS BOR, Title XVI, FEMA $ 9.00 City of Seal Beach Sand Replenishment Community Projects $ 15.70 South Coast Water District Water & Sewer SRF, BOR $ 103.00 Turlock Irrigation District Parks, water/energy, Dams Parks Dept, FEMA, BOR $ 20.00 City of Tustin Multiple Projects ATP, HSIP $ 3.00
Valley Sanitary District WWTP & RW Expansion WIFIA, Prop13 & 68 $ 45.84 City of Vista
Parks, Storm Water, Bike Trails,
Sewer, Streets Prop 84, EPA, HSIP, SWRCB $ 64.00
City of Wildomar SW, Bike Trails, Streets FEMA/CalOES, ATP, HSIP $ 2.70 Water Replenishment District Sea Water Intrusion, PFAS BOR, DWR, SWRCB $ 2.06 TOTAL 726.83$
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Proposal to Provide Grant Writing, Management, and Compliance Services 6 IMPLEMENTATION PLAN
The below activities are proposed to provide the tasks/services identified in the scope of work of the RFP. Schedules will vary depending on the applicable funding opportunities due to different solicitation announcements and length of solicitation. However, the below table is an example of a typical schedule required to prepare an agency-wide funding strategy and typical grant application(s):
Task Start Date End Date
Grant Funding Needs
Assessment and Strategy
Award of Contract Ongoing
Grant Opportunity
Development
Following Kick-Off Meeting
with City after Contract
Award
First matrix version will be
provided within 2 weeks
after kick-off meeting
Grant Funding Research
Services
Award of Contract Ongoing
Grant Writing Services Following confirmation from
City to pursue an opportunity
~4 weeks following “go”
decision or as-needed to
meet grant timelines
Grant Management and
Administrative Services
Notice of Award Length of Grant Period of
Performance
Ongoing Communication and
Support
Award of Contract Ongoing
Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components, to maximize eligibility and ranking under various funding programs.
We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge. The tasks identified in the RFP can be met with the following activities and deliverables.
Task 1: Grant Funding Needs Assessment and Strategy
The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility requirements, EXHIBIT "A" Exhibit "A" - 4
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Proposal to Provide Grant Writing, Management, and Compliance Services 7 likely availability of funding, terms, conditions, and other key parameters. Our step-by-step process to a successful application is shown in the following flow chart:
Once a Notice to proceed has been identified, Sudi Shoja will arrange a kick-off meeting with the City’s Project Manager and appropriate ESS staff to review and discuss the City’s project priorities, including the ones specifically mentioned in the RFP. Sudi will serve as a Project Manager and the point of contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines.
We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients.
Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits.
Based on our experience, we will also be able to offer cost-saving measures such as multi-year grants on a program level in lieu of individual projects that will reduce the regulatory burden of EXHIBIT "A" Exhibit "A" - 5
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Proposal to Provide Grant Writing, Management, and Compliance Services 8 managing various funding agreements and the cost of preparation of applications and compliance monitoring.
ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff.
✓ Developed a funding plan for the City of Santa Ana that identified more than $25 million in grant funding in water, recycled water, and sewer projects and has delivered multiple successful grant applications for the City.
✓ Review of City of Hemet’s bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City’s CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding.
✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same project, almost doubling the amount of funding County was expecting to receive.
Deliverable(s):
• Project Priority List with financial breakdown and timeline with pertinent information for relevant funding pursuits.
City Tasks/Roles:
• Participate in Kick-off meeting and provide project information and input on Project Priority List.
Task 2. Grant Opportunity Development
Building on the deliverables in Task 1, ESS will continue to refine the project prioritization list, update the list based on direction from the City, and develop an overall strategy for identifying, applying for, and securing grants for the City. Additionally, ESS will work with the City to develop a long-range grant application program which identifies projects that are shovel ready and matches those projects with currently or near-forecasted funding opportunities. For projects that are not as developed, ESS will identify and propose funding programs that will fund design and planning for applicable projects. The other deliverables within this task (e.g., prepare grant applications, identify grant sources and opportunities, etc.) are covered within the other tasks as outlined in our proposal.
ESS will continue to update the City on upcoming grant opportunities and assist the City with the pre-qualification requirements.
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Proposal to Provide Grant Writing, Management, and Compliance Services 9 Deliverable(s):
• Facilitate meetings between City and ESS personnel regarding funding needs and project prioritization as it relates to currently available funding. • Monthly reports submitted to the City detailing the activities undertaken in the past month, and the status of those activities.
City Tasks/Roles:
• Participate in development of long-range grant funding application program and provide on-going input on project prioritization and funding pursuits.
Task 3. Grant Funding Research Services
ESS team members keep up to date with the available Federal State and local fundingby attending funding fairs, participating in funding agency Board meetings, providing input to guidelines for funding opportunities, and subscribing to receive notices on available funding.
ESS also monitors various funding websites on a weekly basis and alerts our clients of opportunities that apply to projects listed in their project prioritization list. ESS also subscribes to various grant resources and will use this service to identify funding opportunities for the City.
We understand that successful grant funding consists of two-thirds planning and one-third writing. With that in mind, we pride ourselves in our close relationships with funding agencies.
Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy’s success is to identify opportunities for in-person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience. ✓ ESS arranged for a meeting with BOR to discuss LBWD projects in advance of the grant application announcements.
✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention.
✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top-priority projects for the District and receive key input from grant funding project managers.
We have established relationships with the following agencies:
• US Bureau of Reclamation
• FEMA/CA Office of Emergency
Services (CalOES) Pre-Disaster
Mitigation and Hazard Mitigation
Planning
• California Department of Water Resources
• CA Public Utilities Commission
• Metropolitan Water District of Southern CA
• EPA
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Proposal to Provide Grant Writing, Management, and Compliance Services 10 • US Department of Transportation
• State Water Resources Control Board
• CARB
• California Department of Transportation
• California Department of Parks and
Recreation
• US Department of Commerce –
Economic Development
Administration
• AQMD
• Various Conservancies and non-profit
advocacy organizations
We will then use our extensive experience to match the City’s projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City’s projects that will serve as a tool for the project team and the City staff to use.
As an example, our team members have been providing the available grants services for water and sewer projects to WaterReuse members on regular basis and will continue to provide this information for this contract as well. Information could look like the following table, based on projects:
Local, State, and Federal Funding Opportunities
PROGRAM Total
Allocation
Funds
Offered
this
Round
Purpose Eligible Projects Status Anticipated
Timeline Notes
SWRCB
Stormwater
Implementatio
n Grants/
Proposition 1
$200M $80M
Multi-benefit
SW projects
that respond
to climate
change, &
are included
in an
adopted SW
Resource
Plan or
IRWMP
facilities
Implementation
projects
including but not
limited to: Green
infrastructure;
SW capture; SW
treatment
Round 1
OPEN
TBD 2018:
Round 2
solicitations
for
implementati
on grants
Planning
grant
solicitatio
n closed
in March
($20M)
additional
round of
$100 M
for
implemen
tation
grants
anticipate
d
DWR Water
Use Efficiency:
CA Revolving
Fund/ Prop 1
$10M $10M
Sustainable
funding
source for
urban water
use efficiency
projects.
Dish/clothes
washer
upgrades;
Water-saving
plumbing
fixtures; Hotwater
recirculating
pumps; Leak
detection,
irrigation
upgrades;
Solicitation
opening
soon
Summer
2017: Loan
applications
due
$5M for
loans to
local
agencies
for water
efficiency
upgrades;
$5M for
loans to
customer
s for
onsite
projects
or leak
repairs
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Proposal to Provide Grant Writing, Management, and Compliance Services 11 We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue.
✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in submittal of two additional successful grant applications, with $5.1 million awarded. ✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding.
Deliverable(s):
• Funding Matrix (in same document as Project Prioritization List) identifying all available funding for the City’s Projects
• Updated Funding Matrix on monthly or as-needed basis
City Tasks/Roles:
• Provide responses on funding opportunities presented and input on funding program applicability to projects within the Project Prioritization list.
Task 4. Grant Writing Services
Grant application preparation process
Once a funding source and a project have been identified, ESS will arrange for a meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters.
ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO). The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines.
The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements.
For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include:
• Eligibility criteria • Matching funds
• Budget needs • Maps and pictures
DWR IRWM:
Implementati
on Grants/
Prop 1
$418M
state-wide
$98M for
LA Region
TBD
Projects and
programs
that support
IRWM.
Surface
storage/GW
recharge; Water
conveyance;
Watershed
restoration/prot
ection
In
developme
nt
TBD: Round 1
solicitation
for
implementati
on grants
Public
comment
period
ended
April 8,
2016
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Proposal to Provide Grant Writing, Management, and Compliance Services 12 • Project programming requirements • the City’s prior grant management record • Submittal requirements • Evaluation criteria
• Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project.
Deliverable(s):
• Work Plan Structure for the identified grant pursuit, such as the example below:
Targeted Approach for Maximum Scoring on Evaluation Criteria The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. With this approach, ESS has added value for our clients:
Requirements BY Schedule
3.2 Project
Description
Template
Project sponsors must provide descriptive information on the proposed Small Starts project and the regional public transportation system. FTA uses the information in the Project Description Template to understand the project and to establish a database of project characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1
3.3.1 Project
Identification
2-3 sentences on the essential characteristics of the proposed project (location, length, termini, number of stations, hours of service and frequency by time period) Week 1
3.3.5 Purpose of the
Project
Succinctly describe the specific ways that the proposed major transit investment will address the problems identified in the corridor. Week 1
3.3.6 Merits of the
Project
Describe how the project addresses the Purpose for the Project more effectively compared to other alternatives week 1 -2
3.4 Project Maps Week 1
3.4.3 Map Details:
Stations
Stations included in the project, marked in a distinguishable manner from existing transit stations and labeled. Stations with park & ride facilities should be further distinguished from others, either via markings or labels.
ESS Week 1
3.4.9 Map Details:
Legend A legend, scale and compass. ESS Week 1
3.6 Operations and
Maintenance
Costs
3.7 Capital Costs ESS Week 2
4.3 Cost Effectiveness Need to put in Trip information; Horizon Year; the project's annualized federal share.
See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 ItemA2:H3
1.0 Introduction
3.0 General Reporting
Must submit to FTA documentation summarizing how operating and maintenance costs were developed.
Additionally, the following considerations apply:
• System-wide and route level operating cost data (and factors) are typically available as part of ongoing operations planning.
Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical orientation for N/S is portrait and E/W is landscape.
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Proposal to Provide Grant Writing, Management, and Compliance Services 13 ✓ ESS recommended re-strategizing of funding pursuits for four projects for the City of Santa Ana resulted in
identification of additional $10 million in grants.
✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million.
✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications.
WRITING-TO-WIN Approach
What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application.
Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing-to-win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among dozens, highlighting the project’s merit in full compliance with the instructions and limitations.
This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well-researched information into powerful persuasion. ESS has used the clarity of graphics and schematic drawings to show grant evaluators the client agency’s expertise and vision:
✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi Shoja for input and used the table format created by ESS in a grant application as a requirement for future cycles.
✓ For a Department of Water Resources grant, ESS provided pictorial highlights of the project’s energy-efficiency benefits matching the goals of the grant. ✓ For a cap-and-trade grant to reduce GHG emissions, ESS replaced the executive summary with graphics highlighting projects matching the grant focus. This resulted in an award of more than $9 million.
✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy-efficiency projects.
Quantitative Analysis and Technical Reports
Depending on the grant requirements, ESS will work with the City Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of In one example of a
successful utility project, the
technical application for the
$103 million project received
no comments and was
approved in record time.
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Proposal to Provide Grant Writing, Management, and Compliance Services 14 the grants. As needed, and upon the City’s direction, we will be prepared to perform additional technical research and analysis to supplement the effort.
The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical information of the grants.
In addition, ESS brings its unique expertise in emergency management and safety personnel to win funding from FEMA/CalOES that provide the highest level of funding with no maximum limit and least amount of match requirements.
Our expert grant writers will review the project documents to highlight the project’s strengths matching the grant goals to achieve maximum ranking of the application. ✓ The complex FEMA applications prepared by ESS have been approved by CalOES for funding by FEMA.
✓ ESS prepared a successful and highly technical grant application package for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and available technologies for alternative fuel that resulted in a $30 million award.
Budget Analysis and Construction Planning
The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application’s award. Some areas of focus will include:
• Qualifying matching funds
• Budget scalability
• Scheduling details
• Implementation requirements for allocation purposes
Disadvantaged Communities
Many funding opportunities allocate a certain percentage of the funding to projects benefiting DACs and therefore, it is imperative that the need and applicability is effectively demonstrated.
For example, WaterSMART grants funded by Bureau of Reclamation have historically allocated about 75% of the funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those
benefits. This identification must be based on geographic, socioeconomic, public health, and environmental hazard
Demonstration of low-earning jobs in
cities of San Bernardino and
Redlands for a successful award of
more than $9.2 million
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Proposal to Provide Grant Writing, Management, and Compliance Services 15 criteria (Health and Safety Code Section 37911). CalEPA has identified DACs for investment based on a tool called
CalEnviroScreen 4.0.
ESS is acutely familiar with researching geographic equity and the degree to which the City’s DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County Transportation Authority demonstrated 41 DACs in the area.
Support Letters
Often, this aspect of a grant application is given only cursory attention and proves to be invaluable. At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with clients. ESS will recommend stakeholders to contact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages.
Grant Application Review and Approval Process
For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality.
To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency.
Technology
Many funding agencies have online grant submittal and management tools, including the DWR Bond Management System (BMS), California DWR’s Grants Review and Tracking System (GranTS), the State Water Resources Control Board’s Financial Assistance Application Submittal Tool (FAAST), and the federal government’s www.grants.gov website and the online submittal platforms for IRWM, BOR and some parks grants.
BOR
BMS
FAAST
IRWM
GranTS
Grants.gov
Furthermore, our team routinely performs grant management and administration services for funding by various agencies that utilizes some of the same portals.
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Proposal to Provide Grant Writing, Management, and Compliance Services 16 Cultivating partnerships with other organizations
Both Sudi Shoja and Project Managers have extensive experience in managing multijurisdictional projects on behalf of various agencies. They have been able to create synergy between different clients to benefit all agencies and winning applications. ✓ We have been leading the efforts for Chino Basin Water Conservation Authority to partner with Inland Empire Utilities Agency on two application projects, recently funded by MWD. ✓ ESS arranged for support letters from other utility agencies to support the Coachella Valley Water District grant application and coordinated the effort to obtain results of a demonstration project benefiting all agencies in hot arid regions.
Deliverable(s):
• Draft support letters, staff reports and resolutions in City’s preferred style • Draft grant application package for City’s review
• Final grant application package for submittal
• Full grant application packages for the City’s records • Submittal confirmations for the City’s records
City Tasks/Roles:
• Provide requested City/project information (e.g., technical reports, schedule, budget, design documents, planning documents, etc.) needed to write the grant and complete the relevant forms.
• Review draft application package and provide edits/comments on narrative sections. • Process support letters and resolutions as-needed
Task 5. Grant Management and Administration Services
ESS has been providing grant management administration services for federal and state funded projects on behalf of several agencies since the start of our company. As you will read below, ESS’s approach to grant management is holistic and ensures that all management and compliance tasks are met efficiently and promptly. Our approach can be broken down into the below general tasks which are as follows:
1. Grant Management and Development of Work Plan Structure (WPS) for each phase
2. Compliance with all applicable federal, state, and local regulations
3. Bid procurement assistance
4. Develop templates for project reporting needs to streamline the process.
5. Reimbursement Requests for all eligible costs and all the FEMA required forms.
6. Progress Reports as need to include narratives on scope of work, budget, and schedule.
7. Grant closeout process
8. Record retention and audits
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Proposal to Provide Grant Writing, Management, and Compliance Services 17 A summary of our general services for grants management is presented below:
Kick-off Meeting and Development of WPS for Grant Management and Compliance Once a notice of intent to award has been issued, ESS will arrange for a meeting with the City and relevant Project Managers and will come prepared with a WPS, which is a matrix of Federal (e.g., Buy America), State, and local compliance parameters. ESS prepares a WPS for all grant fund management efforts based on the detailed analysis of the grant guidelines and the executed agreement. The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources, and areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool for both the City and ESS to track the required information and timing for full alignment with the funding conditions.
Topics commonly found in the WPS include:
1. Funding: Funding agreement and related correspondence, and deadlines
2. Internal Controls: grant policies and/or internal control procedures
3. Contracts: advertising for the construction contract, contractor selection process and contracts, and all related documents
4. Invoices: Original vendor requests, identification of eligible and ineligible budget items, required back up documents, change orders, approvals, reimbursement requests
5. Accounting Records: Receipts, deposit slips, cancelled checks, bank statement ledgers for receipts and disbursements.
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Proposal to Provide Grant Writing, Management, and Compliance Services 18 6. Administration Costs: Contract and City personnel working on the project, timesheets, payrolls and supporting documents.
7. Schedule: Project timeline, progress reports and reimbursement due dates leading to the grant deadline along with timelines for receiving the back-up documents
8. Other: other related items such as photo documentation and as-builts
9. Meetings: ESS will propose monthly conference calls to learn about project status, update the schedule and budget as needed and review upcoming deadlines A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout the project compliance period. We will add the information gained at the kickoff meeting to the WPS. We will also request a meeting with the funding agency’s grant representatives to discuss expectations and next steps. We will repeat these meetings periodically and specifically after the first submittal to gain feedback and restructure our process if needed.
Grants Agreement Assistance
Many funding agencies require substantiation of cost estimates provided in the application and confirmation for the proposed milestones. ESS will work with the City and funding Agency’s Grants Specialists to develop the agreement terms to meet the Project goals while meeting agency requirements.
✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources.
✓ ESS has been providing compliance-monitoring and reimbursement services for City of Palm Springs’ $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes.
Deliverable(s):
• Work Plan Structure for the grant with tabs for agency records • Meeting agendas and meeting minutes
City Tasks/Roles:
• Provide relevant grant agreement and input on Project details relating to grant compliance.
Compliance with Grant Conditions, Federal, State, and City Regulations Bid Procurement Assistance
ESS team members are thoroughly familiar with the requirements of all the funding programs’ policy and agreement details. ESS has experts on the Code of Federal Regulations (CFR), California Code of Regulations, and local requirements and ESS will guide the procurement and other compliance measures to be followed throughout the life of the project. They will provide EXHIBIT "A" Exhibit "A" - 16
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Proposal to Provide Grant Writing, Management, and Compliance Services 19 the required narratives to be included in the procurement documents and will review the final package before their release. Prior to advertising for the construction bids:
• ESS will provide the specification sections that need to be included in the bid documents. • ESS will verify if a new Federal Wage Determination is issued within 10 days of the bid opening and prepare an addendum as needed.
• ESS will assist in preparation of responses regarding questions that may come up during bidding
Contract Award
ESS will use its extensive experience in construction management to assure a successful award of the contract:
• Provide a comprehensive review of the bids for labor compliance, and good faith effort to assist in the assessment of contractor’s responsiveness. • Review the bid package for compliance with other funding agency’s requirements such as BABA and the required certifications.
• Conduct contractor eligibility check before contract award. ✓ Our experience as former agency managers coupled with our expertise in managing BOR and other federally funded projects will guarantee full compliance for the project. ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents.
Deliverable(s):
• Specification sections and addenda as needed.
• Bid review results.
City Tasks/Roles:
• Provide ESS with the proposed construction bids and include ESS personnel on construction bidding as it relates to funding requirements.
• Provide ESS the bid package once completed.
• Release addenda as-needed to adjust for changing compliance measures (e.g., Davis-Bacon prevailing wage determinations).
Grant Management
As mentioned in the previous section, ESS will work with the funding agency to ensure that all grant requirements are identified and achieved through a multistep process.
EXHIBIT "A" Exhibit "A" - 17
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Proposal to Provide Grant Writing, Management, and Compliance Services 20 Pre-Construction Meeting
We will request to be added to the pre-construction meeting agenda and will come prepared to provide the contractor and the construction management team with relevant information about the funding agency’s compliance requirements and discuss a process to meet all the requirements. ESS will also support the City in other related requirements such as getting approval for Project sign.
Deliverable(s):
• Presentation customized to City’s projects regarding grant requirements and process for compliance with BABA, AIS, DBE and prevailing wages
• Review of Project sign template
City Tasks/Roles:
• Invite ESS to the Pre-construction meeting and include ESS in correspondence related to compliance (e.g., material procurement, certified payroll, etc.) Reimbursement Requests
ESS is thoroughly familiar with the types of information needed to complete the semi-annual progress report, reimbursement requests. Depending on the grant agreement details, we are prepared to start the reimbursement process by:
1. Review the invoices to identify eligible costs for grant reimbursement
2. Process the budget forms that need to be approved by the funding agency’s management to allow for processing the reimbursements.
3. Process the reimbursement request for planning and engineering expenses if stipulated in the agreement
4. ESS will request a copy of the invoices approved by the construction management team.
5. ESS will review the invoices for eligible vs. ineligible expenditures and prepare reimbursement forms accordingly and submit for City review and signature. ESS will request the appropriate back up documents for all the eligible costs such as approved change orders.
✓ ESS has been successfully processing reimbursement requests for a $50 million SRF funded project without receiving comments or delays in payment for an agency with limited cash flow.
✓ ESS is managing two multi-year FEMA funded projects and has been responsible for filing all the reimbursement requests to date.
EXHIBIT "A" Exhibit "A" - 18
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Proposal to Provide Grant Writing, Management, and Compliance Services 21 Deliverable(s):
• Draft Reimbursement Requests for review and signature • Submittal of finalized reimbursement requests to funding agencies.
City Tasks/Roles:
• Provide progress payments and invoices as-needed to complete reimbursement request.
Progress Reports
As it is demonstrated in this proposal, ESS team members have extensive experience preparing progress reports on behalf of various agencies. We will utilize our hands-on project management process to develop the progress reports in a professional and consistent manner meeting the funding agency’s requirements.
The following will be our proposed approach to receiving, storing and organizing information, and submitting progress reports, however, we remain flexible to meet the City’s preferred process:
1. ESS will request a copy of the weekly meeting minutes prepared by the construction management team.
2. To save time for City staff, ESS staff members with construction management background will then draft a progress report based on the information gained from the weekly meeting minutes, approved progress payment and change orders.
3. ESS will then set up a conference call with the City’s Project Manager to ask questions and review the categories on the template to gain additional information to complete the draft report accordingly. This meeting time will allow all the questions to be answered in the most efficient manner versus over several correspondences. Following this process has proven to relieve our clients from dedicating extensive time to provide detailed information.
4. ESS will finalize the progress report based on the City’s comments. All progress reports will need to have a complete photo documentation that will be added to the final document.
5. We will review the draft final form for compliance with all funding agency requirements.
ESS will then send the final draft version to the City for review and approval.
6. Once the progress report is approved by the City, ESS will request a signature and will submit the documents to the funding agency. All project progress reports will be submitted through the respective online portal or unique submission process.
ESS will create an archive of all the submitted documents and any review comments that may be received from the funding agency. The progress reports are due semi-annually and require the following information: a summary of progress including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule EXHIBIT "A" Exhibit "A" - 19
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Proposal to Provide Grant Writing, Management, and Compliance Services 22 elapsed; a description of compliance with environmental requirements; a listing of change orders including amount, description of work, and change in contract amount and schedule; and any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
Environmental Compliance
ESS will review the environmental documents and include all the compliance measures in the WPS for tracking purposes. ESS will note the documentation for meeting the compliance requirements as they are developed and keep all the records that will be used in progress reports, final close out and audit sessions.
Schedule for Report Submission
The WPS will include a schedule for submission of the required progress reports, final reports, and invoices. This schedule will also include dates for reminder notices that will be sent to City staff for the required information to meet the grant deadlines. ✓ ESS will take the full responsibility for all timelines and reminders to meet the grant requirements.
✓ ESS Project Managers bring their extensive experience on similar projects to create the project documents and develop accurate and credible progress reports.
Deliverable(s):
• Checklist of information needed to complete draft Progress Reports will be sent with reminders for upcoming deadlines
• Draft progress reports with updates on environmental process • Finalize progress reports and submit to the funding agency City Tasks/Roles:
• Provide information as-needed to complete progress report and review draft progress report.
AIS requirements
ESS will also review all updated AIS requirements and will identify all project components that are required to comply with AIS based on the contractor’s cost items and components. ESS will continuously check submittals of project components to ensure that all relevant steel products have the required AIS certificates and will communicate De Minis requirements for minor components in the project.
Deliverable(s):
• List of Project components that are required to comply with AIS and provide template of required AIS certificate
EXHIBIT "A" Exhibit "A" - 20
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Proposal to Provide Grant Writing, Management, and Compliance Services 23 • Continuous monitoring of Project submittals to ensure products purchased have the required AIS certificates
City Tasks/Roles:
• Provide information as-needed to review draft progress reports.
Labor Compliance
ESS will review the contract documents for applicable wage determination and will discuss posting of the required information on site with the project inspectors. Certified Payrolls including all subcontractors will be requested. In addition, contractor will be required to provide documentation about apprentice certifications and labor union agreements as needed.
ESS will coordinate with the City inspector and provide all the forms and reminders to perform the monthly interview of all labor classifications.
Deliverable(s):
• Review certified payroll, fringe benefits, and various labor unions for the contractor and the subcontractors on the project to meet the wage determination applicable to the project • Review of employee interview & comparison with certified payroll • Follow up on any incompliance or inconsistencies. ESS will set up tracking documents and will let the construction management team know of any non-compliance matters in a timely manner.
• ESS will support the team in filling out the required forms as needed.
City Tasks/Roles:
• As-needed coordination with the selected contractor to receive the required documentation.
Project Closeout
ESS will prepare the closeout documents according to the funding agency’s closeout guidance.
ESS will work with the agency to facilitate a site inspection visit so they can prepare an inspection report. ESS will also include copies of audit reports performed to date as part of the closeout documentation. Environmental compliance and its documentation will be another key subject for the project closeout. In summary, ESS will prepare for the closeout from the kickoff meeting and will compile the information and documentation collected through the life of the project to complete the closeout document. ESS will make sure that all the funding agency’s comments (if any) are addressed within the designated time.
EXHIBIT "A" Exhibit "A" - 21
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Proposal to Provide Grant Writing, Management, and Compliance Services 24 Project Documentation
As it is noted above, the WPS will include all the project compliance requirements including Federal, State and City requirements, environmental compliance measures along with details and checklists for progress reports, reimbursement requests and project closeout.
The WPS will guide both the City staff and ESS in meeting all the requirements and provide a timeline for managing the grant agreement. Using this comprehensive checklist developed by our funding agency experts will allow us to notify the City of any issues in a timely manner and reconcile as needed.
Depending on the City’s preferences, ESS will create a secured shared-drive folder to provide access for all the documents. Additionally, ESS will format the shared-drive folders to meet the audit requirements enforced by the funding agency to ensure optimal organization. Document will need to be submitted electronically to the funding agency and record of all submission records will be filed and reported to the City’s Project Manager at submission. The respective online portal will be used for submittal of all reimbursements and reports.
Deliverable(s):
• Filing system and access information
• Submittal confirmations for reports and reimbursement records • Final transfer of grant records to the City in the desired format City Tasks/Roles:
• Input on desired format for records keeping.
Audit Preparation and Support
As noted above, we will start setting up for a successful and stress-free audit from our kick-off meeting. WPS will guide us on where to locate the applicable documents.
Upon notice of an audit request, ESS will communicate with the funding agency to learn about the preferred method of reviewing documents: electronic or hard copy submittals. Based on their response, ESS will prepare Audit Books (if paper copies are preferred) for each project that will contain the up-to-date information for the audit. Our detailed filing system will allow us to be ready for an audit session at any given time. We will also utilize our audit check list to review the documents needed and prepare for the meeting. Below are some of the details that will be provided:
1. General Grant Requirements: internal controls, organization charts, City procurement policy, grant policies and/or internal control procedures.
2. Grant Agreements:
• Grant Agreement: Fully executed grant agreement and amendments (if any). • Correspondence with the funding agency.
3. Project Specific Documents:
EXHIBIT "A" Exhibit "A" - 22
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Proposal to Provide Grant Writing, Management, and Compliance Services 25 • Solicitation process documentation, detailing history of the process, and selection process.
• Price/cost analysis, final budget approval form and supplemental documents, final agreement(s), consultant, and construction contracts. Contracts need to include required contract provisions.
• Environmental compliance and documentation of mitigation measures • Progress Reports: submitted package along with all the backup documents. • Reimbursement Requests: submitted reimbursement records along with all back up documents and confirmations. Cash Documents: receipts, deposit slips, cancelled checks, and bank statements, Accounting Records: ledgers for receipts and cash disbursements.
• Project Completion Reports for approval of work, copies of completed studies and construction documents, final payments and as-builts for the construction phase. • Contractor Invoices: records of all submitted invoices and records of payments by the City
• Backup Documents: original vendor requests, identification of eligible and ineligible budget items, back up documents, approvals, reimbursement requests ✓ ESS was complimented by SWRCB and Federal auditors during an audit session for the $29 million wastewater treatment plant for the City of Palm Springs Quality Assurance/Quality Control (QA/QC)
Quality Assurance begins with our highly qualified professional staff and project managers. Sudi Shoja will serve as the project manager and the primary point of contact throughout the life of this contract. She will be responsible for coordinating all work products, ESS team assignments, and staff assignments for this project. Although our QA process is not unique, the intensity with which we carry out our QA process is the foundation for our success.
We follow three principles:
• Do it right the first time: The more accurate the deliverable, the better the control • Avoid surprises: Keep our clients apprised of any potential issues or changes through clear and consistent communication.
• Complete the project within budget and on time: Close schedule and cost monitoring keeps the project on track.
As it is discussed above, ESS personnel have been responsible for similar work as employees and as consultants. This ensures that all work products will be consistent, accurately reflect the scope of the proposed project, and appropriately maintain internal consistency and accuracy.
We will use meetings and conference calls as needed during document development to facilitate discussion of issues, reviews of preliminary and administrative drafts, and timely completion of each task. We value the opportunity to serve as your consultant and our EXHIBIT "A" Exhibit "A" - 23
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Proposal to Provide Grant Writing, Management, and Compliance Services 26 commitment to exhibit an exceptional level of transparency, ethics, and customer service is reflected throughout this proposal. Also included in this commitment is our pledge to solicit feedback regularly from the agency staff.
Methods that help assure quality include:
1. ESS uses a proactive method to develop a WPS to outline all the compliance requirements, identify the necessary documents and resources, areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool to track the project progress and alignment with the funding by both City and ESS staff members.
2. Progress meetings and issuance of meeting minutes: ESS expects that the City will make staff roles clear and inform ESS of any preferences in how staff are contacted.
3. Established process for review and final approval of submittals with ample time for the City’s staff.
4. Status report that will include updates on submitted reports and reimbursements.
5. ESS staff are trained to track their time spent on every project accurately and in 15 minutes durations.
6. As a matter of course, ESS includes in all on-call contracts a monthly report that itemizes areas our client would like to see summarized, along with invoices indicating actual times spent.
7. ESS conducts a post-submittal review of the process with City staff to receive input on the completed process and to modify approach to gain maximum efficiency and client satisfaction. We propose to have a review session after the first semi-annual report submittal.
8. ESS will follow up with the funding agency on all submittals and revisit our process as needed.
ESS also performs annual surveys from its clients to find out on how to better serve them. Some of the comments received are shared earlier in this proposal. b. Company Information
Engineering Solutions Services (ESS) is a S-corporation that was founded in 2012 by Sudi Shoja, PE, who will be the main point of contact during the entirety of this contract. ESS has one branch located in Laguna Hills, California at the following address:
Engineering Solutions Services
23232 Peralta Drive Suite 112
Laguna Hills, California 92563
(949) 797-6055- Office
(949) 637-1405- Sudi Shoja Direct Contact
EXHIBIT "A" Exhibit "A" - 24
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Exhibit “A”-25
III. In addition to the requirements of Parts I and II of this Scope of Services, during the performance of the Services, Consultant will keep City appraised through periodic status reports regarding the performance of the Services under this Agreement as set forth below and in Section 5.2, by the following means:
a. In-person meetings and/or teleconferences.
b. Email updates/questions to applicant team and City while reviews are underway.
c. Conference calls.
IV. All work product is subject to review and acceptance by City. If the City determines that any work product is unacceptable, for any reason, it must be revised by Consultant without additional charge to City until found satisfactory and accepted by City. 593
Exhibit “B”-1
EXHIBIT “B”
SPECIAL REQUIREMENTS
None
594
Exhibit “C”-1
EXHIBIT “C”
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks (“Tasks”) at the rates stated in Exhibit “C-1”.
II. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task sub-budget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8.
III. City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include:
A. Line items for all personnel describing the Services performed, the number of hours worked, and the hourly rate.
B. Line items for all materials and equipment properly charged to the Services.
C. Line items for all other approved reimbursable expenses claimed, with supporting documentation.
D. Line items for all approved sub-contractor labor, supplies, equipment, materials, and travel properly charged to the Services. 595
Exhibit “C-1”-1
EXHIBIT “C-1”
CONSULTANT’S BILLING RATE AND TASK SCHEDULE
596
Exhibit “D”- 1
11303-0008\2344655v8.doc
EXHIBIT “D”
SCHEDULE OF PERFORMANCE
I. Consultant shall perform all Services timely, and deliver the specified tangible work products to City at the direction of the City’s Grants Program Manager.
II. The Contract Officer may approve extensions for performance of the Services in accordance with Sections 1.8 and 3.3.
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Proposal to Provide Grant Writing, Management, and Compliance Services A. COVER LETTER
Barbara Mason
Purchasing Manager
99 E. Ramsey Street February 26, 2024
Banning, CA 92220
Re: Proposal to Provide Grant Writing and Management Services Dear Ms. Mason,
Engineering Solutions Services (ESS) welcomes the opportunity to provide grant writing and management services for the City of Banning (the City). Our goal is to bring in the maximum available grant funding for the City. Having secured over $726 million in the past twelve years in a variety of projects, we bring an unmatched level of experience to identify and assist the City with developing a strategic plan and prepare winning applications to ensure an expedited and successful funding award.
What sets ESS apart is that we are not just a funding company but former municipal managers with technical and funding expertise that have earned deep-rooted relationships with funding agencies. As such, we are aware of upcoming funding opportunities and have been achieving the highest awards for projects by preparing credible reports and strategizing timely submittal of applications on behalf of our clients.
We are aware of the City’s focus on public safety, public works and utilities, parks and recreation, economic and community development, and housing projects. As is demonstrated in our proposal, we have a proven track record in successful award of grants for the classifications of projects the City is prioritizing. We will use our expertise to conduct a needs assessment and leverage our relationships with the funding agencies to identify grants, and work with City staff to secure those grants. We are also proficient in grant management and meeting compliance requirements of Federal and State funding. Effective, full-circle strategies like these are key to obtaining the most possible grant award funding for the City’s projects.
I will serve as the program manager for this contract, and as the Principal of ESS, I can be reached at (949) 637-1405 or via email at [email protected]. We also acknowledge the receipt of the questions and answers released by the City. My project team and I look forward to working with you and all the City staff to develop a work plan that identifies grants that meet the short and long-term needs of the City and answering any questions you may have about our proposal.
Sincerely,
Sudi Shoja, PE, Principal of ESS
598
The City of Banning
Proposal for
Grant Writing and Management Services
February 26, 2024
Submitted By:
Engineering Solutions Services
23232 Peralta Drive, Suite112
Laguna Hills, CA 92653
(949) 637-1405
599
Proposal to Provide Grant Writing, Management, and Compliance Services 2 Table of Contents
A. COVER LETTER .......................................................................................................................................3 B. PROPOSAL .............................................................................................................................................4 a. Statement of Understanding and Approach...................................................................................4 STATEMENT OF UNDERSTANDING.......................................................................................................4 METHODOLOGY TO PERFORM ACTIVITES IN THE SCOPE OF WORK...................................................4 IMPLEMENTATION PLAN ......................................................................................................................6 b. Company Information....................................................................................................................26 c. Company Personnel .......................................................................................................................29 d. Disclosure .......................................................................................................................................55 e. Experience and References............................................................................................................55 EXPERIENCE .........................................................................................................................................55 REFERENCES.........................................................................................................................................59 C. PRICE PROPOSAL .................................................................................................................................61 D. VALUE ADDED SERVICES .....................................................................................................................62 E. EVIDENCE OF INSURANCE...................................................................................................................62 F. VENDOR FORMS..................................................................................................................................62 G. TYPE OF BUSINESS...............................................................................................................................62 H. LEGAL COMPANY NAME .....................................................................................................................62 I. EX PARTE COMMUNICATIONS CERTIFICATION..................................................................................62 J. EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED.............................................................62 K. DISQUALIFICATIONS QUESTIONNAIRE...............................................................................................62 L. DISQUALIFICATIONS QUESTIONNAIRE CONTINUED..........................................................................62 M. DISCLOSURE OF GOVERNMENT POSITIONS..................................................................................62 N. CERTIFICATION COMPLIANCE........................................................................................................62 600
Proposal to Provide Grant Writing, Management, and Compliance Services 4 B. PROPOSAL
a. Statement of Understanding and Approach
STATEMENT OF UNDERSTANDING
We understand that the City is seeking a qualified firm to provide grant writing and management services. ESS is a multi-disciplinary grant funding company comprised of technical experts and former agency personnel. We have reviewed the City’s Two-Year Budget and City’s Five- Year CIP (2023-2027) and have identified funding for many of City’s Projects.
Our team is one of the leading consultants in preparation of successful grants for many public agency grant programs administered by the State Water Resources Control Board (SWRCB), California Department of Water Resources (DWR), U.S. Bureau of Reclamation (BOR), U.S.
Department of Transportation (DOT), California Department of Transportation (Caltrans), Air Quality Management District (AQMD), Environmental Protection Agency (EPA), California Department of Parks and Recreation, U.S. Federal Emergency Management Agency (FEMA)/ California Governor’s Office of Emergency Services (CalOES), U.S. Department of Housing and Urban Development (HUD), California Department of Housing and Urban Development, and other State and Federal organizations. As it is demonstrated below, based on our relationship with each of these agencies, we will be able to arrange for discussions prior to stat of grant pursuits to gain insights on creating winning applications for the City.
ESS team members have diversified experience that ranges from planning and design of utility projects to emergency preparedness and parks and recreation projects. ESS has also been very successful in obtaining funding from new funding sources that we will recommend to the City for consideration. ESS will leverage their expertise to identify and secure the maximum grant funding possible for the City’s priority projects.
METHODOLOGY TO PERFORM ACTIVITES IN THE SCOPE OF WORK
The ESS team believes in a full-circle approach to obtaining grant funding. This approach and the methodology behind it will encompass all aspects of the grant research, writing, and management services identified in the RFP.
Task 1. Grant Funding Needs Assessment and Strategy
Task 2. Grant Opportunity Development
Task 3. Grant Funding Research Services
Task 4. Grant Writing Services
Task 5. Grant Management and Administrative Services
Task 6. Ongoing Communication and Support
As demonstrated in our scope of work and approach, our key services at ESS align directly with all tasks identified in the RFP.
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Proposal to Provide Grant Writing, Management, and Compliance Services 5 We understand that the City has several key projects in the City’s Capital Improvement Program (CIP) which could be funded with external sources. ESS team members bring their extensive experience in developing and managing CIP programs to develop successful grant applications on behalf of our clients. The below table provides a quick glance of our experience in preparation of grant applications for similar projects.
ESS has been providing grant management and compliance monitoring services for State and Federal funded projects on behalf of several agencies since the start of our company. As you will read in the subsequent sections, ESS’s approach to grant management and compliance monitoring is holistic and ensures that all management and compliance tasks are met efficiently and promptly. Our approach can be broken down into the below general tasks to meet the City’s goals.
Agency Projects Funding Sources Value
(millions)
City of Arvin WWTP upgrade, RW DWR, BOR, CalRecycle $ 30.80 City of Belvedere Sea Level Rise, Erosion Control Dept of Parks, FEMA/BRIC $ 26.00 City of Carlsbad Parks, SCADA, Street Impr. CPF, CalRecycle, ATP, HSIP, SWRCB $ 14.80 Central Basin Municipal Water District Multiple RW Projects SWRCB, Prop 13,68 $ 19.90 Chino Basin Muni Conservation District Channel Diversion BOR, MWD $ 1.00 City of Colton Reservoir FEMA/CalOES $ 6.00
City of Commerce Traffic Signal Coordination HSIP $ 1.00 Coachella Valley Water District AMI, Stormwater WIFIA, FEMA, BOR $ 58.50 City of Downey Water Quality SWRCB $ 8.00
Desert Water Agency Water/Energy Efficiency BOR $ 0.60
City of Fort Bragg
Water Supply Pipeline & Reservoir
DWR/SWRCB $ 19.50
City of Hemet Flood, Energy, Water, Sewer, Traffic SWRCB, LPP, HBP, Prop 68 $ 28.00 City of Indian Wells Stormwater DWR, CFP $ 5.80
City of Irvine Multiple Projects ATP, HSIP $ 2.00
City of Long Beach Complete Street Project LPP $ 2.88
Long Beach Water Department Parks, AMI, Wells, RW, Security BOR, SWRCB, FEMA $ 7.75 Mission Springs Water District Water/Energy Efficiency BOR $ 0.30 City of Newport Beach Emergency Management FEMA/Cal EMA $ 9.00 Olivenhain Water District AMI BOR $ 0.50
Orchard Dale Water District Seismic Retrofit FEMA/CalOES $ 3.00 City of Palm Springs WWTP, Cogen Project SWRCB SRF/GPR $ 37.00 City of Petaluma AMI, RW DWR $ 11.65
City of Redwood City RW & AMI SWRCB $ 7.00
San Bernardino Associated Government Energy/GHG Reduction TIRCP/DOT $ 39.20 San Bernardino Municipal
Water Department
RW, Water & Sewer FEMA, SWRCB, BOR, DWR $ 33.30
City of Sacramento Parks, Water & Sewer, SW EPA, Parks, BOR, SWRCB $ 13.10 City of Santa Ana RW, Energy, Water, Sewer, Parks Various $ 74.95 Santa Clarita Valley Water Agency AMI, Wells, PFAS BOR, Title XVI, FEMA $ 9.00 City of Seal Beach Sand Replenishment Community Projects $ 15.70 South Coast Water District Water & Sewer SRF, BOR $ 103.00 Turlock Irrigation District Parks, water/energy, Dams Parks Dept, FEMA, BOR $ 20.00 City of Tustin Multiple Projects ATP, HSIP $ 3.00
Valley Sanitary District WWTP & RW Expansion WIFIA, Prop13 & 68 $ 45.84 City of Vista
Parks, Storm Water, Bike Trails,
Sewer, Streets Prop 84, EPA, HSIP, SWRCB $ 64.00
City of Wildomar SW, Bike Trails, Streets FEMA/CalOES, ATP, HSIP $ 2.70 Water Replenishment District Sea Water Intrusion, PFAS BOR, DWR, SWRCB $ 2.06 TOTAL $ 726.83
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Proposal to Provide Grant Writing, Management, and Compliance Services 6 IMPLEMENTATION PLAN
The below activities are proposed to provide the tasks/services identified in the scope of work of the RFP. Schedules will vary depending on the applicable funding opportunities due to different solicitation announcements and length of solicitation. However, the below table is an example of a typical schedule required to prepare an agency-wide funding strategy and typical grant application(s):
Task Start Date End Date
Grant Funding Needs
Assessment and Strategy
Award of Contract Ongoing
Grant Opportunity
Development
Following Kick-Off Meeting
with City after Contract
Award
First matrix version will be
provided within 2 weeks
after kick-off meeting
Grant Funding Research
Services
Award of Contract Ongoing
Grant Writing Services Following confirmation from
City to pursue an opportunity
~4 weeks following “go”
decision or as-needed to
meet grant timelines
Grant Management and
Administrative Services
Notice of Award Length of Grant Period of
Performance
Ongoing Communication and
Support
Award of Contract Ongoing
Our goal is to bring in the highest possible amount of funding for the City. To achieve this goal, ESS brings its extensive experience and a highly qualified team to work closely with the City’s Project Manager to mold the City’s project components, to maximize eligibility and ranking under various funding programs.
We have the unique ability to distill and convey complex project information into funding agencies’ specific formats for grant applications. Our experience in coordinating, managing, and writing different types of applications has led to successful procurement of funding for many clients. Similarly, our experience with grant administration has enabled us to see another side of grant acquisition, wherein we can capitalize on this knowledge. The tasks identified in the RFP can be met with the following activities and deliverables.
Task 1: Grant Funding Needs Assessment and Strategy
The complex and elaborate process of obtaining funding can delay the ability to act. Our comprehensive knowledge of the funding process helps us conceptualize and develop an appropriate action plan, thereby maximizing success. We will identify eligibility requirements, 603
Proposal to Provide Grant Writing, Management, and Compliance Services 7 likely availability of funding, terms, conditions, and other key parameters. Our step-by-step process to a successful application is shown in the following flow chart:
Once a Notice to proceed has been identified, Sudi Shoja will arrange a kick-off meeting with the City’s Project Manager and appropriate ESS staff to review and discuss the City’s project priorities, including the ones specifically mentioned in the RFP. Sudi will serve as a Project Manager and the point of contact for the City. She will assign task managers and grant writers as needed (if multiple pursuits are followed at the same time) to best meet the project deadlines.
We believe that one of our most important tasks is to work with the City to position the projects for maximum ranking for various grant opportunities. ESS is well qualified to achieve this goal as our staff not only been responsible for similar activities in their former positions, but they also have developed strong relationships with the funding agencies that allow us to learn about funding goals for future cycles and present them to our clients.
Working with the City Project Manager, we will review and discuss the current status of projects, available funding, established priorities, project planning and design status, management preferences and regulatory requirements. With our thorough knowledge of available and historical funding opportunities and our technical expertise in managing similar programs, we will be able to recommend a strategy and ranking of projects for funding pursuits.
Based on our experience, we will also be able to offer cost-saving measures such as multi-year grants on a program level in lieu of individual projects that will reduce the regulatory burden of 604
Proposal to Provide Grant Writing, Management, and Compliance Services 8 managing various funding agreements and the cost of preparation of applications and compliance monitoring.
ESS believes the City will be best served by working together to create a strategy that enables us to write winning applications that will maximize funding for the City while minimizing the administrative burden on the City staff.
✓ Developed a funding plan for the City of Santa Ana that identified more than $25 million in grant funding in water, recycled water, and sewer projects and has delivered multiple successful grant applications for the City.
✓ Review of City of Hemet’s bond options and developing a funding strategy resulted in savings of more than $13.5million for the City. In addition, analysis of the City’s CIP program and the unfunded list of projects resulted in identification of more than $28 million in funding.
✓ Working with the County of Orange, we recommended a strategy that resulted in submittal of an additional successful grant application for the same project, almost doubling the amount of funding County was expecting to receive.
Deliverable(s):
• Project Priority List with financial breakdown and timeline with pertinent information for relevant funding pursuits.
City Tasks/Roles:
• Participate in Kick-off meeting and provide project information and input on Project Priority List.
Task 2. Grant Opportunity Development
Building on the deliverables in Task 1, ESS will continue to refine the project prioritization list, update the list based on direction from the City, and develop an overall strategy for identifying, applying for, and securing grants for the City. Additionally, ESS will work with the City to develop a long-range grant application program which identifies projects that are shovel ready and matches those projects with currently or near-forecasted funding opportunities. For projects that are not as developed, ESS will identify and propose funding programs that will fund design and planning for applicable projects. The other deliverables within this task (e.g., prepare grant applications, identify grant sources and opportunities, etc.) are covered within the other tasks as outlined in our proposal.
ESS will continue to update the City on upcoming grant opportunities and assist the City with the pre-qualification requirements.
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Proposal to Provide Grant Writing, Management, and Compliance Services 9 Deliverable(s):
• Facilitate meetings between City and ESS personnel regarding funding needs and project prioritization as it relates to currently available funding. • Monthly reports submitted to the City detailing the activities undertaken in the past month, and the status of those activities.
City Tasks/Roles:
• Participate in development of long-range grant funding application program and provide on-going input on project prioritization and funding pursuits.
Task 3. Grant Funding Research Services
ESS team members keep up to date with the available Federal State and local fundingby attending funding fairs, participating in funding agency Board meetings, providing input to guidelines for funding opportunities, and subscribing to receive notices on available funding.
ESS also monitors various funding websites on a weekly basis and alerts our clients of opportunities that apply to projects listed in their project prioritization list. ESS also subscribes to various grant resources and will use this service to identify funding opportunities for the City.
We understand that successful grant funding consists of two-thirds planning and one-third writing. With that in mind, we pride ourselves in our close relationships with funding agencies.
Those relationships, plus appropriate and meticulous planning, allow us to obtain key information about the successful awarding of grant funds. One of the tactics used to ensure this strategy’s success is to identify opportunities for in-person meetings with the funding agency when we are initiating a pursuit. We know this approach provides results from experience. ✓ ESS arranged for a meeting with BOR to discuss LBWD projects in advance of the grant application announcements.
✓ ESS was aware of the additional grant funding available to the SWRCB and as such aligned the submittal of its applications such that they were well ahead of the competition and received the due attention.
✓ When applying for stormwater grants for Coachella Valley Water District, ESS arranged a conference call with EPA staff to discuss the two top-priority projects for the District and receive key input from grant funding project managers.
We have established relationships with the following agencies:
• US Bureau of Reclamation
• FEMA/CA Office of Emergency
Services (CalOES) Pre-Disaster
Mitigation and Hazard Mitigation
Planning
• California Department of Water Resources
• CA Public Utilities Commission
• Metropolitan Water District of Southern CA
• EPA
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Proposal to Provide Grant Writing, Management, and Compliance Services 10 • US Department of Transportation
• State Water Resources Control Board
• CARB
• California Department of Transportation
• California Department of Parks and
Recreation
• US Department of Commerce –
Economic Development
Administration
• AQMD
• Various Conservancies and non-profit
advocacy organizations
We will then use our extensive experience to match the City’s projects with the available funding options and develop a matrix of all potential funding alternatives specifically to match the City’s projects that will serve as a tool for the project team and the City staff to use.
As an example, our team members have been providing the available grants services for water and sewer projects to WaterReuse members on regular basis and will continue to provide this information for this contract as well. Information could look like the following table, based on projects:
Local, State, and Federal Funding Opportunities
PROGRAM Total
Allocation
Funds
Offered
this
Round
Purpose Eligible Projects Status Anticipated
Timeline Notes
SWRCB
Stormwater
Implementatio
n Grants/
Proposition 1
$200M $80M
Multi-benefit
SW projects
that respond
to climate
change, &
are included
in an
adopted SW
Resource
Plan or
IRWMP
facilities
Implementation
projects
including but not
limited to: Green
infrastructure;
SW capture; SW
treatment
Round 1
OPEN
TBD 2018:
Round 2
solicitations
for
implementati
on grants
Planning
grant
solicitatio
n closed
in March
($20M)
additional
round of
$100 M
for
implemen
tation
grants
anticipate
d
DWR Water
Use Efficiency:
CA Revolving
Fund/ Prop 1
$10M $10M
Sustainable
funding
source for
urban water
use efficiency
projects.
Dish/clothes
washer
upgrades;
Water-saving
plumbing
fixtures; Hotwater
recirculating
pumps; Leak
detection,
irrigation
upgrades;
Solicitation
opening
soon
Summer
2017: Loan
applications
due
$5M for
loans to
local
agencies
for water
efficiency
upgrades;
$5M for
loans to
customer
s for
onsite
projects
or leak
repairs
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Proposal to Provide Grant Writing, Management, and Compliance Services 11 We will evaluate the projects, review eligibility and potential project ranking, and provide recommendations to the City Project Manager, so that all relevant information is easily available to choose which grants to pursue.
✓ Our analysis of the unfunded plans of a project for the City of Palm Springs allowed us to recommend alternative grant opportunities that resulted in submittal of two additional successful grant applications, with $5.1 million awarded. ✓ Review of City of Downey CIP program and unfunded list of projects resulted in identification of a grant programs for the City for up to $8 million in funding.
Deliverable(s):
• Funding Matrix (in same document as Project Prioritization List) identifying all available funding for the City’s Projects
• Updated Funding Matrix on monthly or as-needed basis
City Tasks/Roles:
• Provide responses on funding opportunities presented and input on funding program applicability to projects within the Project Prioritization list.
Task 4. Grant Writing Services
Grant application preparation process
Once a funding source and a project have been identified, ESS will arrange for a meeting and will come prepared with a Work Plan Structure (WPS), which is a matrix of the fund parameters.
ESS prepares a WPS for all funding pursuits based on the detailed analysis of the Notice of Funding Opportunity (NOFO). The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources and areas of responsibilities between team members and internal deadlines.
The WPS will also serve as a tool for both the City staff and ESS team members to track the project progress and alignment with the funding. When developing the WPS, ESS will also note the implementation constraints that may have an impact on selection of the project elements.
For example, most funding sources require that a grant agreement be in place prior to the start of construction. ESS will work with the City Project Manager to identify solutions and/or assist with reprioritization of the grant applications to meet the requirements. Topics commonly found in the WPS include:
• Eligibility criteria • Matching funds
• Budget needs • Maps and pictures
DWR IRWM:
Implementati
on Grants/
Prop 1
$418M
state-wide
$98M for
LA Region
TBD
Projects and
programs
that support
IRWM.
Surface
storage/GW
recharge; Water
conveyance;
Watershed
restoration/prot
ection
In
developme
nt
TBD: Round 1
solicitation
for
implementati
on grants
Public
comment
period
ended
April 8,
2016
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Proposal to Provide Grant Writing, Management, and Compliance Services 12 • Project programming requirements • the City’s prior grant management record • Submittal requirements • Evaluation criteria
• Resolutions and approval letters required from the Board of Directors • Technical reports: Benefit Cost Analysis, Environmental Reports, Life Cycle Analysis • Project readiness: CEQA status, Feasibility studies, Project design reports • Support documentations: certifications, forms, project reports A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout every project.
Deliverable(s):
• Work Plan Structure for the identified grant pursuit, such as the example below:
Targeted Approach for Maximum Scoring on Evaluation Criteria The first step for our targeted approach is to develop a full understanding of the project elements, project milestones, and available project reports. We will also study the previously awarded projects from the funding agencies and learn about the key points that may be overlooked for their simplicity. In developing the WPS, we will identify the primary and secondary evaluation criteria to help highlight the project strengths. We will work closely with the City Project Manager to identify the potential gaps, analyze alternatives, and recommend resolutions to minimize their impact. With this approach, ESS has added value for our clients:
Requirements BY Schedule
3.2 Project
Description
Template
Project sponsors must provide descriptive information on the proposed Small Starts project and the regional public transportation system. FTA uses the information in the Project Description Template to understand the project and to establish a database of project characteristics and local contact information. All Small Starts project sponsors must submit ESS Week 1
3.3.1 Project
Identification
2-3 sentences on the essential characteristics of the proposed project (location, length, termini, number of stations, hours of service and frequency by time period) Week 1
3.3.5 Purpose of the
Project
Succinctly describe the specific ways that the proposed major transit investment will address the problems identified in the corridor. Week 1
3.3.6 Merits of the
Project
Describe how the project addresses the Purpose for the Project more effectively compared to other alternatives week 1 -2
3.4 Project Maps Week 1
3.4.3 Map Details:
Stations
Stations included in the project, marked in a distinguishable manner from existing transit stations and labeled. Stations with park & ride facilities should be further distinguished from others, either via markings or labels.
ESS Week 1
3.4.9 Map Details:
Legend A legend, scale and compass. ESS Week 1
3.6 Operations and
Maintenance
Costs
3.7 Capital Costs ESS Week 2
4.3 Cost Effectiveness Need to put in Trip information; Horizon Year; the project's annualized federal share.
See Page 16-17: FY18 Reporting Instructions for the Section 5309 Small Starts Criteria. ESS/City Week 2 ItemA2:H3
1.0 Introduction
3.0 General Reporting
Must submit to FTA documentation summarizing how operating and maintenance costs were developed.
Additionally, the following considerations apply:
• System-wide and route level operating cost data (and factors) are typically available as part of ongoing operations planning.
Electronic maps must be submitted for inclusion in Annual Report on Funding Recommendations and/or posting on FTA website. Maps should be 8.5x11 and be able to be copied in grey scale. Typical orientation for N/S is portrait and E/W is landscape. 609 Proposal to Provide Grant Writing, Management, and Compliance Services 13 ✓ ESS recommended re-strategizing of funding pursuits for four projects for the City of Santa Ana resulted in
identification of additional $10 million in grants.
✓ Review of City of Commerce projects resulted in changing the scope of work and a successful award of more than $1 million.
✓ Detailed evaluation of the grants has enabled us to advise the agencies if the project is not competitive and resulting in cost savings by not preparing grant applications.
WRITING-TO-WIN Approach
What sets us apart is that our grant writers are licensed technical experts in this industry and therefore have the ability to convey complex project information into the specific format of a grant application.
Using a targeted approach to analyze objectives and match goals to opportunities provides us with the details we need for our writing-to-win approach. Once a funding strategy is in place, the next challenge is to create a winning application. ESS brings its proven track record in creating an application package that will stand out among dozens, highlighting the project’s merit in full compliance with the instructions and limitations.
This approach uses a high degree of expertise and creativity. ESS understands that impactful illustrations transform well-researched information into powerful persuasion. ESS has used the clarity of graphics and schematic drawings to show grant evaluators the client agency’s expertise and vision:
✓ ESS application was ranked as one of the best and posted on FHWA website. FHWA asked Sudi Shoja for input and used the table format created by ESS in a grant application as a requirement for future cycles.
✓ For a Department of Water Resources grant, ESS provided pictorial highlights of the project’s energy-efficiency benefits matching the goals of the grant. ✓ For a cap-and-trade grant to reduce GHG emissions, ESS replaced the executive summary with graphics highlighting projects matching the grant focus. This resulted in an award of more than $9 million.
✓ For another project, ESS used an AQMD pollution map as a base and plotted all of the appropriate, completed energy-efficiency projects.
Quantitative Analysis and Technical Reports
Depending on the grant requirements, ESS will work with the City Project Manager to receive the available technical studies, environmental documents and plans and specifications. We will then use our highly experienced team members to complete the technical write-up sections of In one example of a
successful utility project, the
technical application for the
$103 million project received
no comments and was
approved in record time.
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Proposal to Provide Grant Writing, Management, and Compliance Services 14 the grants. As needed, and upon the City’s direction, we will be prepared to perform additional technical research and analysis to supplement the effort.
The ESS engineering team has been directly responsible for implementation of various CIP programs for transportation and street improvements, water and sewer projects and facility management and will bring their expertise to articulate the technical information of the grants.
In addition, ESS brings its unique expertise in emergency management and safety personnel to win funding from FEMA/CalOES that provide the highest level of funding with no maximum limit and least amount of match requirements.
Our expert grant writers will review the project documents to highlight the project’s strengths matching the grant goals to achieve maximum ranking of the application. ✓ The complex FEMA applications prepared by ESS have been approved by CalOES for funding by FEMA.
✓ ESS prepared a successful and highly technical grant application package for San Bernardino County Transportation Authority, providing detailed GHG reduction calculations, trip generation interpretations, and available technologies for alternative fuel that resulted in a $30 million award.
Budget Analysis and Construction Planning
The ESS team will assist the City in identifying qualifying information to meet grant requirements for budgeting and construction planning. Budgets need to demonstrate project flexibility and scalability to make the grant applications more attractive and create opportunities to apply again even after a successful application’s award. Some areas of focus will include:
• Qualifying matching funds
• Budget scalability
• Scheduling details
• Implementation requirements for allocation purposes
Disadvantaged Communities
Many funding opportunities allocate a certain percentage of the funding to projects benefiting DACs and therefore, it is imperative that the need and applicability is effectively demonstrated.
For example, WaterSMART grants funded by Bureau of Reclamation have historically allocated about 75% of the funding to benefit the DACs. Claiming benefits to DACs requires documentation and substantiation of meaningful benefits, as well as explanation of the methodology used for assuring accomplishment of those
benefits. This identification must be based on geographic, socioeconomic, public health, and environmental hazard
Demonstration of low-earning jobs in
cities of San Bernardino and
Redlands for a successful award of
more than $9.2 million
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Proposal to Provide Grant Writing, Management, and Compliance Services 15 criteria (Health and Safety Code Section 37911). CalEPA has identified DACs for investment based on a tool called
CalEnviroScreen 4.0.
ESS is acutely familiar with researching geographic equity and the degree to which the City’s DACs would benefit from a project. ESS will work with the City staff to identify projects in these communities and highlight the benefits in order to win the grant funding. ✓ A successful application for San Bernardino County Transportation Authority demonstrated 41 DACs in the area.
Support Letters
Often, this aspect of a grant application is given only cursory attention and proves to be invaluable. At ESS, these potentially undervalued areas are key endorsements that ESS crafts in close cooperation with clients. ESS will recommend stakeholders to contact and will draft focus points that align with key ideas in the narrative and grant criteria so that support letters send strong, targeted messages.
Grant Application Review and Approval Process
For every project, ESS will assign a QA/QC manager, which is an important factor of a successful grant application. We will use our internal grant checklist to ensure the application package is ready for submittal. This process will follow the WPS and an internal guide for editorial quality.
To ensure grant applications are completed efficiently, ESS will arrange a meeting with the City Project Manager to answer questions, finalize budget, and schedule concerns and to further align the project with the grant goals and objectives. All final grant application packages will be submitted to the City for review and approval prior to submittal to the granting agency.
Technology
Many funding agencies have online grant submittal and management tools, including the DWR Bond Management System (BMS), California DWR’s Grants Review and Tracking System (GranTS), the State Water Resources Control Board’s Financial Assistance Application Submittal Tool (FAAST), and the federal government’s www.grants.gov website and the online submittal platforms for IRWM, BOR and some parks grants.
BOR
BMS
FAAST
IRWM
GranTS
Grants.gov
Furthermore, our team routinely performs grant management and administration services for funding by various agencies that utilizes some of the same portals. 612
Proposal to Provide Grant Writing, Management, and Compliance Services 16 Cultivating partnerships with other organizations
Both Sudi Shoja and Project Managers have extensive experience in managing multijurisdictional projects on behalf of various agencies. They have been able to create synergy between different clients to benefit all agencies and winning applications. ✓ We have been leading the efforts for Chino Basin Water Conservation Authority to partner with Inland Empire Utilities Agency on two application projects, recently funded by MWD. ✓ ESS arranged for support letters from other utility agencies to support the Coachella Valley Water District grant application and coordinated the effort to obtain results of a demonstration project benefiting all agencies in hot arid regions.
Deliverable(s):
• Draft support letters, staff reports and resolutions in City’s preferred style • Draft grant application package for City’s review
• Final grant application package for submittal
• Full grant application packages for the City’s records • Submittal confirmations for the City’s records
City Tasks/Roles:
• Provide requested City/project information (e.g., technical reports, schedule, budget, design documents, planning documents, etc.) needed to write the grant and complete the relevant forms.
• Review draft application package and provide edits/comments on narrative sections. • Process support letters and resolutions as-needed
Task 5. Grant Management and Administration Services
ESS has been providing grant management administration services for federal and state funded projects on behalf of several agencies since the start of our company. As you will read below, ESS’s approach to grant management is holistic and ensures that all management and compliance tasks are met efficiently and promptly. Our approach can be broken down into the below general tasks which are as follows:
1. Grant Management and Development of Work Plan Structure (WPS) for each phase
2. Compliance with all applicable federal, state, and local regulations
3. Bid procurement assistance
4. Develop templates for project reporting needs to streamline the process.
5. Reimbursement Requests for all eligible costs and all the FEMA required forms.
6. Progress Reports as need to include narratives on scope of work, budget, and schedule.
7. Grant closeout process
8. Record retention and audits
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Proposal to Provide Grant Writing, Management, and Compliance Services 17 A summary of our general services for grants management is presented below:
Kick-off Meeting and Development of WPS for Grant Management and Compliance Once a notice of intent to award has been issued, ESS will arrange for a meeting with the City and relevant Project Managers and will come prepared with a WPS, which is a matrix of Federal (e.g., Buy America), State, and local compliance parameters. ESS prepares a WPS for all grant fund management efforts based on the detailed analysis of the grant guidelines and the executed agreement. The WPS identifies detailed grant fund requirements and populating it will help identify the necessary documents and resources, and areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool for both the City and ESS to track the required information and timing for full alignment with the funding conditions.
Topics commonly found in the WPS include:
1. Funding: Funding agreement and related correspondence, and deadlines
2. Internal Controls: grant policies and/or internal control procedures
3. Contracts: advertising for the construction contract, contractor selection process and contracts, and all related documents
4. Invoices: Original vendor requests, identification of eligible and ineligible budget items, required back up documents, change orders, approvals, reimbursement requests
5. Accounting Records: Receipts, deposit slips, cancelled checks, bank statement ledgers for receipts and disbursements.
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Proposal to Provide Grant Writing, Management, and Compliance Services 18 6. Administration Costs: Contract and City personnel working on the project, timesheets, payrolls and supporting documents.
7. Schedule: Project timeline, progress reports and reimbursement due dates leading to the grant deadline along with timelines for receiving the back-up documents
8. Other: other related items such as photo documentation and as-builts
9. Meetings: ESS will propose monthly conference calls to learn about project status, update the schedule and budget as needed and review upcoming deadlines A sample segment of a WPS appears below. It is organized for clarity and is an invaluable reference tool that is used throughout the project compliance period. We will add the information gained at the kickoff meeting to the WPS. We will also request a meeting with the funding agency’s grant representatives to discuss expectations and next steps. We will repeat these meetings periodically and specifically after the first submittal to gain feedback and restructure our process if needed.
Grants Agreement Assistance
Many funding agencies require substantiation of cost estimates provided in the application and confirmation for the proposed milestones. ESS will work with the City and funding Agency’s Grants Specialists to develop the agreement terms to meet the Project goals while meeting agency requirements.
✓ ESS has been providing successful grant compliance on a $280 million San Bernardino County Transportation Authority project that consists of more than 11 different funding sources.
✓ ESS has been providing compliance-monitoring and reimbursement services for City of Palm Springs’ $29 million wastewater treatment projects. In the final audit by the SWRCB, ESS was complimented by the auditors and received full approval of its processes.
Deliverable(s):
• Work Plan Structure for the grant with tabs for agency records • Meeting agendas and meeting minutes
City Tasks/Roles:
• Provide relevant grant agreement and input on Project details relating to grant compliance.
Compliance with Grant Conditions, Federal, State, and City Regulations Bid Procurement Assistance
ESS team members are thoroughly familiar with the requirements of all the funding programs’ policy and agreement details. ESS has experts on the Code of Federal Regulations (CFR), California Code of Regulations, and local requirements and ESS will guide the procurement and other compliance measures to be followed throughout the life of the project. They will provide 615
Proposal to Provide Grant Writing, Management, and Compliance Services 19 the required narratives to be included in the procurement documents and will review the final package before their release. Prior to advertising for the construction bids:
• ESS will provide the specification sections that need to be included in the bid documents. • ESS will verify if a new Federal Wage Determination is issued within 10 days of the bid opening and prepare an addendum as needed.
• ESS will assist in preparation of responses regarding questions that may come up during bidding
Contract Award
ESS will use its extensive experience in construction management to assure a successful award of the contract:
• Provide a comprehensive review of the bids for labor compliance, and good faith effort to assist in the assessment of contractor’s responsiveness. • Review the bid package for compliance with other funding agency’s requirements such as BABA and the required certifications.
• Conduct contractor eligibility check before contract award. ✓ Our experience as former agency managers coupled with our expertise in managing BOR and other federally funded projects will guarantee full compliance for the project. ✓ ESS provided a thorough review of agreements with BOR for LBWD, identifying the sections that need to be added to construction documents.
Deliverable(s):
• Specification sections and addenda as needed.
• Bid review results.
City Tasks/Roles:
• Provide ESS with the proposed construction bids and include ESS personnel on construction bidding as it relates to funding requirements.
• Provide ESS the bid package once completed.
• Release addenda as-needed to adjust for changing compliance measures (e.g., Davis-Bacon prevailing wage determinations).
Grant Management
As mentioned in the previous section, ESS will work with the funding agency to ensure that all grant requirements are identified and achieved through a multistep process. 616
Proposal to Provide Grant Writing, Management, and Compliance Services 20 Pre-Construction Meeting
We will request to be added to the pre-construction meeting agenda and will come prepared to provide the contractor and the construction management team with relevant information about the funding agency’s compliance requirements and discuss a process to meet all the requirements. ESS will also support the City in other related requirements such as getting approval for Project sign.
Deliverable(s):
• Presentation customized to City’s projects regarding grant requirements and process for compliance with BABA, AIS, DBE and prevailing wages
• Review of Project sign template
City Tasks/Roles:
• Invite ESS to the Pre-construction meeting and include ESS in correspondence related to compliance (e.g., material procurement, certified payroll, etc.) Reimbursement Requests
ESS is thoroughly familiar with the types of information needed to complete the semi-annual progress report, reimbursement requests. Depending on the grant agreement details, we are prepared to start the reimbursement process by:
1. Review the invoices to identify eligible costs for grant reimbursement
2. Process the budget forms that need to be approved by the funding agency’s management to allow for processing the reimbursements.
3. Process the reimbursement request for planning and engineering expenses if stipulated in the agreement
4. ESS will request a copy of the invoices approved by the construction management team.
5. ESS will review the invoices for eligible vs. ineligible expenditures and prepare reimbursement forms accordingly and submit for City review and signature. ESS will request the appropriate back up documents for all the eligible costs such as approved change orders.
✓ ESS has been successfully processing reimbursement requests for a $50 million SRF funded project without receiving comments or delays in payment for an agency with limited cash flow.
✓ ESS is managing two multi-year FEMA funded projects and has been responsible for filing all the reimbursement requests to date.
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Proposal to Provide Grant Writing, Management, and Compliance Services 21 Deliverable(s):
• Draft Reimbursement Requests for review and signature • Submittal of finalized reimbursement requests to funding agencies.
City Tasks/Roles:
• Provide progress payments and invoices as-needed to complete reimbursement request.
Progress Reports
As it is demonstrated in this proposal, ESS team members have extensive experience preparing progress reports on behalf of various agencies. We will utilize our hands-on project management process to develop the progress reports in a professional and consistent manner meeting the funding agency’s requirements.
The following will be our proposed approach to receiving, storing and organizing information, and submitting progress reports, however, we remain flexible to meet the City’s preferred process:
1. ESS will request a copy of the weekly meeting minutes prepared by the construction management team.
2. To save time for City staff, ESS staff members with construction management background will then draft a progress report based on the information gained from the weekly meeting minutes, approved progress payment and change orders.
3. ESS will then set up a conference call with the City’s Project Manager to ask questions and review the categories on the template to gain additional information to complete the draft report accordingly. This meeting time will allow all the questions to be answered in the most efficient manner versus over several correspondences. Following this process has proven to relieve our clients from dedicating extensive time to provide detailed information.
4. ESS will finalize the progress report based on the City’s comments. All progress reports will need to have a complete photo documentation that will be added to the final document.
5. We will review the draft final form for compliance with all funding agency requirements.
ESS will then send the final draft version to the City for review and approval.
6. Once the progress report is approved by the City, ESS will request a signature and will submit the documents to the funding agency. All project progress reports will be submitted through the respective online portal or unique submission process.
ESS will create an archive of all the submitted documents and any review comments that may be received from the funding agency. The progress reports are due semi-annually and require the following information: a summary of progress including a description of progress since the last report, percent construction complete, percent contractor invoiced, and percent schedule 618
Proposal to Provide Grant Writing, Management, and Compliance Services 22 elapsed; a description of compliance with environmental requirements; a listing of change orders including amount, description of work, and change in contract amount and schedule; and any problems encountered, proposed resolution, schedule for resolution, and status of previous problem resolutions.
Environmental Compliance
ESS will review the environmental documents and include all the compliance measures in the WPS for tracking purposes. ESS will note the documentation for meeting the compliance requirements as they are developed and keep all the records that will be used in progress reports, final close out and audit sessions.
Schedule for Report Submission
The WPS will include a schedule for submission of the required progress reports, final reports, and invoices. This schedule will also include dates for reminder notices that will be sent to City staff for the required information to meet the grant deadlines. ✓ ESS will take the full responsibility for all timelines and reminders to meet the grant requirements.
✓ ESS Project Managers bring their extensive experience on similar projects to create the project documents and develop accurate and credible progress reports.
Deliverable(s):
• Checklist of information needed to complete draft Progress Reports will be sent with reminders for upcoming deadlines
• Draft progress reports with updates on environmental process • Finalize progress reports and submit to the funding agency City Tasks/Roles:
• Provide information as-needed to complete progress report and review draft progress report.
AIS requirements
ESS will also review all updated AIS requirements and will identify all project components that are required to comply with AIS based on the contractor’s cost items and components. ESS will continuously check submittals of project components to ensure that all relevant steel products have the required AIS certificates and will communicate De Minis requirements for minor components in the project.
Deliverable(s):
• List of Project components that are required to comply with AIS and provide template of required AIS certificate
619
Proposal to Provide Grant Writing, Management, and Compliance Services 23 • Continuous monitoring of Project submittals to ensure products purchased have the required AIS certificates
City Tasks/Roles:
• Provide information as-needed to review draft progress reports.
Labor Compliance
ESS will review the contract documents for applicable wage determination and will discuss posting of the required information on site with the project inspectors. Certified Payrolls including all subcontractors will be requested. In addition, contractor will be required to provide documentation about apprentice certifications and labor union agreements as needed.
ESS will coordinate with the City inspector and provide all the forms and reminders to perform the monthly interview of all labor classifications.
Deliverable(s):
• Review certified payroll, fringe benefits, and various labor unions for the contractor and the subcontractors on the project to meet the wage determination applicable to the project • Review of employee interview & comparison with certified payroll • Follow up on any incompliance or inconsistencies. ESS will set up tracking documents and will let the construction management team know of any non-compliance matters in a timely manner.
• ESS will support the team in filling out the required forms as needed.
City Tasks/Roles:
• As-needed coordination with the selected contractor to receive the required documentation.
Project Closeout
ESS will prepare the closeout documents according to the funding agency’s closeout guidance.
ESS will work with the agency to facilitate a site inspection visit so they can prepare an inspection report. ESS will also include copies of audit reports performed to date as part of the closeout documentation. Environmental compliance and its documentation will be another key subject for the project closeout. In summary, ESS will prepare for the closeout from the kickoff meeting and will compile the information and documentation collected through the life of the project to complete the closeout document. ESS will make sure that all the funding agency’s comments (if any) are addressed within the designated time. 620
Proposal to Provide Grant Writing, Management, and Compliance Services 24 Project Documentation
As it is noted above, the WPS will include all the project compliance requirements including Federal, State and City requirements, environmental compliance measures along with details and checklists for progress reports, reimbursement requests and project closeout.
The WPS will guide both the City staff and ESS in meeting all the requirements and provide a timeline for managing the grant agreement. Using this comprehensive checklist developed by our funding agency experts will allow us to notify the City of any issues in a timely manner and reconcile as needed.
Depending on the City’s preferences, ESS will create a secured shared-drive folder to provide access for all the documents. Additionally, ESS will format the shared-drive folders to meet the audit requirements enforced by the funding agency to ensure optimal organization. Document will need to be submitted electronically to the funding agency and record of all submission records will be filed and reported to the City’s Project Manager at submission. The respective online portal will be used for submittal of all reimbursements and reports.
Deliverable(s):
• Filing system and access information
• Submittal confirmations for reports and reimbursement records • Final transfer of grant records to the City in the desired format City Tasks/Roles:
• Input on desired format for records keeping.
Audit Preparation and Support
As noted above, we will start setting up for a successful and stress-free audit from our kick-off meeting. WPS will guide us on where to locate the applicable documents.
Upon notice of an audit request, ESS will communicate with the funding agency to learn about the preferred method of reviewing documents: electronic or hard copy submittals. Based on their response, ESS will prepare Audit Books (if paper copies are preferred) for each project that will contain the up-to-date information for the audit. Our detailed filing system will allow us to be ready for an audit session at any given time. We will also utilize our audit check list to review the documents needed and prepare for the meeting. Below are some of the details that will be provided:
1. General Grant Requirements: internal controls, organization charts, City procurement policy, grant policies and/or internal control procedures.
2. Grant Agreements:
• Grant Agreement: Fully executed grant agreement and amendments (if any). • Correspondence with the funding agency.
3. Project Specific Documents:
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Proposal to Provide Grant Writing, Management, and Compliance Services 25 • Solicitation process documentation, detailing history of the process, and selection process.
• Price/cost analysis, final budget approval form and supplemental documents, final agreement(s), consultant, and construction contracts. Contracts need to include required contract provisions.
• Environmental compliance and documentation of mitigation measures • Progress Reports: submitted package along with all the backup documents. • Reimbursement Requests: submitted reimbursement records along with all back up documents and confirmations. Cash Documents: receipts, deposit slips, cancelled checks, and bank statements, Accounting Records: ledgers for receipts and cash disbursements.
• Project Completion Reports for approval of work, copies of completed studies and construction documents, final payments and as-builts for the construction phase. • Contractor Invoices: records of all submitted invoices and records of payments by the City
• Backup Documents: original vendor requests, identification of eligible and ineligible budget items, back up documents, approvals, reimbursement requests ✓ ESS was complimented by SWRCB and Federal auditors during an audit session for the $29 million wastewater treatment plant for the City of Palm Springs Quality Assurance/Quality Control (QA/QC)
Quality Assurance begins with our highly qualified professional staff and project managers. Sudi Shoja will serve as the project manager and the primary point of contact throughout the life of this contract. She will be responsible for coordinating all work products, ESS team assignments, and staff assignments for this project. Although our QA process is not unique, the intensity with which we carry out our QA process is the foundation for our success.
We follow three principles:
• Do it right the first time: The more accurate the deliverable, the better the control • Avoid surprises: Keep our clients apprised of any potential issues or changes through clear and consistent communication.
• Complete the project within budget and on time: Close schedule and cost monitoring keeps the project on track.
As it is discussed above, ESS personnel have been responsible for similar work as employees and as consultants. This ensures that all work products will be consistent, accurately reflect the scope of the proposed project, and appropriately maintain internal consistency and accuracy.
We will use meetings and conference calls as needed during document development to facilitate discussion of issues, reviews of preliminary and administrative drafts, and timely completion of each task. We value the opportunity to serve as your consultant and our 622
Proposal to Provide Grant Writing, Management, and Compliance Services 26 commitment to exhibit an exceptional level of transparency, ethics, and customer service is reflected throughout this proposal. Also included in this commitment is our pledge to solicit feedback regularly from the agency staff.
Methods that help assure quality include:
1. ESS uses a proactive method to develop a WPS to outline all the compliance requirements, identify the necessary documents and resources, areas of responsibilities between team members and internal deadlines. The WPS will also serve as a tool to track the project progress and alignment with the funding by both City and ESS staff members.
2. Progress meetings and issuance of meeting minutes: ESS expects that the City will make staff roles clear and inform ESS of any preferences in how staff are contacted.
3. Established process for review and final approval of submittals with ample time for the City’s staff.
4. Status report that will include updates on submitted reports and reimbursements.
5. ESS staff are trained to track their time spent on every project accurately and in 15 minutes durations.
6. As a matter of course, ESS includes in all on-call contracts a monthly report that itemizes areas our client would like to see summarized, along with invoices indicating actual times spent.
7. ESS conducts a post-submittal review of the process with City staff to receive input on the completed process and to modify approach to gain maximum efficiency and client satisfaction. We propose to have a review session after the first semi-annual report submittal.
8. ESS will follow up with the funding agency on all submittals and revisit our process as needed.
ESS also performs annual surveys from its clients to find out on how to better serve them. Some of the comments received are shared earlier in this proposal. b. Company Information
Engineering Solutions Services (ESS) is a S-corporation that was founded in 2012 by Sudi Shoja, PE, who will be the main point of contact during the entirety of this contract. ESS has one branch located in Laguna Hills, California at the following address:
Engineering Solutions Services
23232 Peralta Drive Suite 112
Laguna Hills, California 92563
(949) 797-6055- Office
(949) 637-1405- Sudi Shoja Direct Contact
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Proposal to Provide Grant Writing, Management, and Compliance Services 27 Since its founding, Engineering Solutions Services has not been involved in any litigation, mediation, or arbitration proceedings regarding the performance of any services similar to the services identified in the scope of work of this RFP.
Engineering Solutions Services, Inc. (ESS) was founded in 2012 by Sudi Shoja, PE, a former City Engineer who has more than 40 years of experience in managing CIP and Water and Sewer programs of over $100 million. She founded ESS with the goal of assisting local entities in achieving their goals in funding and compliance, program management, quality
assurance/quality control, and project delivery. She leverages her successful experience with transforming the agencies where she worked from losing funding to securing the
maximum grant funding possible, meeting the various funding agency requirements, and serving as examples for successful audit processes. As a result, she has earned a reputation that gained us our impressive repeat client list in a short
timeframe. Included below are a few examples:
• Created a funding strategy for the City of Hemet that resulted in $6 million in savings and more than $15 million in funding.
• Successful in award of applications for a variety of
transportation projects from LPP, HSIP, ATP and MSRC
• ESS grant applications selected as best written by FHWA • Developed a funding plan for the City of Santa Ana that identified more than $25 million in grant funding in water, recycled water, and sewer projects.
• Success award of applications for Parks projects
• Restructured a grant application for energy efficiency that resulted in more than $5.1 million of grant funding for the City of Palm Springs
• Successfully awarded Proposition 84 grants in two cycles • ESS applications received 20% of the awarded funds from Department of Water Resources Urban Community Drought
Relief for its clients in Cycles 1 & 2 in 2021 and 2022 • ESS applications received over 30% of the awarded funds from Bureau of Reclamation for its clients in March 2022 • Qualified Santa Clarita Valley Water Agency to receive over $30 million for recycled water projects.
Our Clients
Served as prime or sub-consultant
City of Palm Springs
City of Perris
City of Hemet
City of Downey
Valley Sanitary District
Desert Water Agency
San Bernardino Municipal Water
Department
City of Long Beach
Long Beach Water Department
County of Los Angeles
Central Basin Municipal Water
District
County of Orange
Santa Clarita Valley Water Agency
City of Sacramento
Port of Long Beach
City of Redondo Beach
City of San Clemente
City of Seal Beach
City of Santa Ana
City of Laguna Beach
City of Lake Forest
City of Laguna Woods
City of Newport Beach
City of Laguna Niguel
City of Irvine
City of Tustin
Olivenhain Water District
San Diego County Water Authority
City of Carlsbad
City of Encinitas
City of Oceanside
City of San Marcos
Turlock Irrigation District
County of Sonoma
County of Nevada
County of Mendocino
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Proposal to Provide Grant Writing, Management, and Compliance Services 28 • Received approval from WIFIA for over $50 million for two stormwater and $60 million for wastewater treatment projects.
• The SRF application package for $103 million to SWRCB was approved in record time and with no comments.
• Successfully awarded $39.2 Million in greenhouse gas (GHG) reduction funding • California Office of Emergency Services (CalOES) has recommended multiple grant applications prepared for seismic retrofit, climate change and sea level rise, fire, and flood control to U.S. Federal Emergency Management Agency (FEMA) for funding. • Unmatched experience in submittal of successful application for a variety of projects to Federal agencies such as Bureau of Reclamation (BOR), FEMA/CalOES and EPA. • Identified more than $20 million in water quality grants for two agencies. • ESS arranged for a funding fair attended by SWRCB, FEMA & County representatives.
ESS is comprised of former agency personnel who are thoroughly familiar with the intricate details of various funding requirements and excel at strategic planning for clients to maximize the potential for securing grants, successful management for meeting the requirements, obtaining proper authorization and reimbursements and positive audit process of the projects.
ESS fully understands the inner workings of the regional and municipal government process.
Comprised of former government and engineering managers, we have been confronted with many of the same design, budget, schedule, and project-delivery challenges that face our client governments. We understand the challenges and requirements of municipal governments that allows our people to think like public agencies and address the challenges they are facing with proactive, well-planned, cost-efficient, and innovative solutions tailored to your needs. We approach every project strategically and scale our resources to fit your agency and scope of work.
ESS specializes in various funding resources, such as: US Bureau of Reclamation (BOR) WaterSMART - Water and Energy Efficiency Grants (WEEG), Drought Response Program, Smallscale Water Efficiency (SWEP), Title XVI, etc., Environmental Protection Agency (EPA), Water Infrastructure Finance & Innovation Act (WIFIA), Water Infrastructure Improvements for the Nation Act (WIIN), Integrated Regional Water Management (IRWM), Department of Water Resources (DWR), Water Desalination Grant Program, Proposition 1B, 13, 40, 68 & 84, State Water Resources Control Board (SWRCB) for Green Project Reserve (GPR) and State Revolving Funds (SRF), Community Project Funds, Clean California Local Grant Program, California Department of Parks and Recreation Grants - Recreational Trails Program and Statewide Park Program - Federal Emergency Management Agency (FEMA), California Governor’s Office of Emergency Services (CalOES), Climate Adaptation Planning, SB 1 Local Partnership Program (LPP), SB 1 Local Streets and Roads Program (LSRP), Solutions for Congested Corridors Program (SCCP), Department of Transportation Safe Streets and Roads for All (SS4A), Department of Transportation Active Transportation Program (ATP), TIGER Grants, Bridge Investment Program We have secured over
$726 million for
various agencies in
the past eleven years.
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Proposal to Provide Grant Writing, Management, and Compliance Services 29 (BIP), environmental Transit and Intercity Rail Capital Program (TIRCP), Transportation Infrastructure Finance & Innovation Act (TIFIA), Highway Safety Improvement Program (HSIP), Rubberized Pavement Grant Program, California Department of Parks and Recreation Recreational Trails Program (RTP), Clean Transportation Funding through Mobile Source Air Pollution Reduction Review Committee (MSRC), Transportation community and System Preservation (TCSP), High Priority Projects (HPP), local tax measures, Community Development Block Grant (CDBG), and numerous other grants.
We are committed to being accountable and sharing ownership of the product and service.
We believe that successful projects are a result of a well-managed and motivated team. Our team members possess a proven ability to establish and implement best practices, maintain continuity and flexibility, and deliver timely responses. We offer accessibility to a network of experts to address unique needs.
We believe in doing the job right the first time. Our commitment to providing excellent customer service has gained us repeated clients and contracts. We understand the challenges and requirements of municipal governments since many of our staff have held senior and executive management positions with California cities, including Public Works Directors, City Engineers, Capital Project Managers, and Construction Managers. This background and experience are important because document preparation will require a high level of interaction with the state project managers.
ESS is the right team to provide consulting services for identifying and securing grants and finalizing agreements. We work as your partner, incorporating grant funding conversations in the process of each project as early as possible to maximize the potential for planning grant funding as well as implementation grand funding.
Proprietary tools, such as our Work Plan Structure (WPS), in conjunction with our team’s extensive experience and relationships with funding agencies, make this process easy.
Our Core Business is Funding
c. Company Personnel
ESS will assign the staffing based on the requested project needs, grant funding source, and staff expertise and will receive the City’s approval before assigning work to individuals.
Additional resumes of ESS personnel will be sent to the City if they are needed to help with portions of any of the Projects listed in the Scope of Services. All personnel have a minimum of five years of experience and are licensed to perform the services identified in the Scope of Services in the state of California. ESS is not proposing any subcontractors for this contract.
Please see the below Organization Chart and resumes for key personnel proposed to provide the scope of services identified in the City’s priorities.
We strive to exceed
expectations, not
just meet them.
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Proposal to Provide Grant Writing, Management, and Compliance Services 30 627
Proposal to Provide Grant Writing, Management, and Compliance Services 31 Sudi Shoja PE, F. ASCE, Project Manager
Sudi brings more than 40 years of municipal engineering, grant and fund management experience. She has an
extensive experience in securing and managing various
federal, state, and local funds, gaining successful audits in all cases. She has been responsible for budgeting,
scheduling, and implementation of annual funds of over
$100ML for various agencies. She has hands-on experience on meeting the funding agency requirements and has
developed close working relationships with FHWA and
Caltrans Local Assistance Program staff in various districts.
She has established relationships with Reclamation, FEMA and CalOES, SWRCB, FHWA, DOT, Caltrans, DWR, EPA,
NOAA, CARB, AQMD, California Dept. of Parks and
Recreation, Coastal Commission, Local conservancies and other agencies. She is also very familiar with Federal, State, and specific agency funding regulations. In addition, she is a CalOES certified emergency response trainer and is
responsible for coordination of response teams in Southern California. She has responded to many regional and
international disaster events and offers emergency
preparedness training following her passion.
Relevant Experience
As-Needed Grant Writing Services, Public Works Agency, City of Santa Ana, Santa Ana, CA Responsible for identification of grant funding opportunities, preparation of a funding strategy that identified over $42.4 million in grant funding. Responsible for successful grant applications and compliance-management services for grants from BOR, SWRCB, and SAWPA. Additionally, Sudi and the ESS team acquired $2.2 million for a urban greening project through Caltrans’s Clean California Grant Program Cycle 2.
As-Needed Grant Writing Services, City of Long Beach Public Works and Water Department, Long Beach, CA
Responsible for identification of grant funding opportunities, preparation of a funding strategy and preparation successful grant applications for Bureau of Reclamation Drought Resiliency and Water Energy Efficiency Grant Programs, and Title XVI and compliance-management services for the Department. ESS has identified and applied for grants over $10.8 million since 2018. ESS has also been responsible for successful award of $2.8 million in LPP funds for the complete street improvements.
Education: MS, Civil Engineering,
Purdue, 1983
BS, Civil Engineering, Purdue, 1981
Registration: Professional Engineer
CA, 42958, 1986
Years of Experience: 40+
Affiliations:
• American Public Works
Association (APWA);
• American Society of Civil
Engineers (ASCE);
• Woman in Transportation
International (WTS);
• Construction Management
Association of America (CMAA);
• California Emergency Services
Association (CESA)
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Proposal to Provide Grant Writing, Management, and Compliance Services 32 Grant Writing and Management Services, Seismic Retrofit of Steel Reservoirs and Drinking Water Line Replacement, FEMA/CalOES Hazard Mitigation Grant Program and DWSRF, San Bernardino Municipal Water Department,
Responsible for preparation and submission of FEMA/CalOES HMGP grant application and management for Seismic Retrofit of Steel Reservoirs ($5.6 million) and preparation of DWSRF applications and management for Seismic Retrofit of Steel Reservoirs ($8.6 million) and Drinking Water Line Replacement ($11.2 million) projects.
Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Responsible for preparation of grant application packages for more than $10 million in grant and $18 million in SRF loan for Automated Water Metering, master plans, water distribution system upgrades and sewer collection system on behalf of the City.
City of Carlsbad Grant Writing Services, Carlsbad, CA
Responsible for meeting with various department directors and management staff to discuss projects and identify applicable grant funding. Develop funding strategies for every department, review project elements to match grant details. Prepare grant application packages for roadway alignment, climate change impacts, bikeway, pedestrian walkway and safety improvements along major city streets, procurement of a generator for City’s Safety Center and implementation of the supervisory control and data acquisition (SCADA) system.
County of Los Angeles, Los Angeles, CA
Responsible for providing project management services for the Public Works Department and Traffic Engineering Groups.
Grant Application Assistance Services, Central Basin Municipal Water District, City of Norco, Water Replenishment District, Chino Basin Water Conservation District, County of Orange, Cities of Carlsbad, Perris, Seal Beach, and other agencies, CA Responsible for various fund- and program-management services to process the documents for various federal, state, and local funding measures and prepare grant application packages for WIFIA, BOR, SWRCB, DWR, Proposition funding, and FEMA. Worked closely with the program managers to evaluate complex projects for the best match with funding regulations and prepared grant application packages. Projects have ranged from drought resiliency, ground water injection, technology related, recycled water, treatment facility expansion and upgrade projects.
Stormwater & Water Recycling Grants, City of Downey, CA Responsible for identification & application of successful $8 million for stormwater quality project that and submittal of a grant application for a recycling project.
Coachella Valley Water District, Coachella, CA
Responsible for two successful applications for stormwater management from FEMA/CalOES for two top priority projects for the agency. Also, successful for award of a grant for a water efficiency pilot project from Bureau of Reclamation.
Grant Application Services, City of Fort Bragg, CA
Responsible for grant application management and grant application services during the DWR 629
Proposal to Provide Grant Writing, Management, and Compliance Services 33 Urban Drought Resilience 2021 grant writing process. ESS’s services as directed by Sudi resulted in $8.8 million being awarded to the City from this program and $10.7 million from the SWRCB via SRF loans.
Grant Writing Services, City of Sacramento, CA
Responsible for preparation of grants for a groundwater well, sump station rehabilitation, median landscaping, flood mitigation and stormwater project for a variety of State and Federal funding opportunities. Sudi’s involvement in this contract has led to the successful award of several projects for the City to date.
Grant Writing Services, Turlock Irrigation District, Turlock, CA Responsible for preparation of several grant for irrigation canal improvements, energy efficiency, parks and recreation, and most recently Seismic Retrofit of a Dam project that has been invited for submittal of application for FEMA/CalOES funding opportunity.
Grant Application Services, City of Petaluma CA
Responsible for grant application management during the DWR Urban Drought Resilience 2021 grant writing process. ESS’s services resulted in $10 million being awarded to the City from this program alone.
Grant Writing Services, Santa Clarita Valley Water Agency, Santa Clarita, CA Sudi, the principal of ESS, prepared a successful crosswalk/feasibility study submission for the Bureau of Reclamations Title XVI Funding Program. This approval made SCVWA eligible for $30 million in grant funding for recycled water projects in perpetuity and until funding is depleted. In addition, this agency has been awarded $9 million for applications submitted by ESS since 2020. 630
Proposal to Provide Grant Writing, Management, and Compliance Services 34 Gary Sturdivan, Hazard Mitigation Planning Expert
Gary has a vast knowledge in Emergency Management,
Emergency Preparedness, Hazard Mitigation Planning,
Vulnerability Assessment Planning, and updates, as well as Federal Emergency Management Agency (FEMA)
documentation, FEMA reimbursement and has an
extensive background with State Revolving funding,
FEMA, and DHS Funding Programs.
In the last 10 years, Gary has been responsible for
successful write up and completion of 62 Hazard
Mitigation Plans that received California Office of
Emergency Services (CalOES) and FEMA approval. He
has also written 12 Emergency Response Plans in the last 7 years. Gary has an established relationship with CalOES & FEMA review team members.
Gary was a member of the USGS planning team for
Golden Guardian 2008 and is one of the signers of the
document and California, Shake Out. Gary has served as
the Region 6 Chair of CalWARN and was the Vice-Chair
of the CalWARN State Steering Committee for 6 years.
Gary was also the editor of the American Water Works
Association G-440 Emergency Planning Standard that was adopted by the National Institute of Standards and Technology and was the first Editor of the AWWA M-19 rewrite committee, which was released in 2016. Gary was a Beta Tester for the AWWA J-100 Risk Analysis and Management for Critical Asset Protection (RAMCAP), On-line training Module and Manual. The J-100 RAMCAP was later adopted by the U.S.E.P.A and FEMA as the tool for Risk Analysis and Management for critical Asset Protection. Gary has participated in the Southern Operation Center on various occasions and in the State Operations Center on two occasions. Gary used the FEMA HSEEP tools to organize the water/wastewater agencies in Riverside and San Bernardino Counties during the Statewide Golden Guardian exercise’s starting in 2008. Gary is a speaker at various conferences throughout the nation on emergency issues, including speaking in front of the Department of Interior, with Secretary Kenneth Salazar and department heads at USGS headquarters in Washington D.C.
Relevant Experience
COVID-19 Cost Recovery Reimbursements, City of Colton, Mission Springs Water District, Twentynine Palms Water District, and Hi-Desert Water District Assisted the above listed agencies with COVID-19 cost recovery applications for funding provided through the Coronavirus Aid, Relief, and Economic Security (CARES) Act. All applications are still pending approval by the various federal agencies.
Education: B.S., Business Management
and Business Administration, University
of Phoenix – 2001
Years of Experience: 24
Certifications:
• FEMA ICS 100, 200, 700 and 800,
Trainer
• FEMA ICS 300 and 400 Certified
Trainer
• FEMA EOC Position Specific
Certified Trainer
• California, Water Treatment
Operator T-1
• California Water Distribution
Operator D-1
• California Certified Trainer in G-611,
“Water Desk Training”
• AWWA J-100 RAMCAP Certified
• ANSI/AWWA Standard G-440
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Proposal to Provide Grant Writing, Management, and Compliance Services 35 Director of Safety/Regulatory Affairs/Emergency Management and Grants, East Valley Water District, Highland, CA
• Secured 42 FEMA Hazard Mitigation Grants totaling $38,000,000 in FEMA grant funding’s, over an 8-year period.
• Managed and directed CalOSHA Safety Programs to ensure District’s compliance with all Federal, State, local laws, and regulations.
FEMA/CalOES Grant Writing, City of Colton, San Bernardino Municipal Water Department, Orchard Dale Water District, CA
• Led the effort to secure funding for each of the above agencies • Negotiated the grant amount for the Orchard Dale Water District that resulted in an increase of $1.5 million
Hazard Mitigation Plans, Grant Writing and Training, Yucaipa, CA • Hazard Mitigation Plans. American Water Infrastructure Act (AWIA) • Hazard Mitigation and PDM grants
• FEMA Training ICS- 100, 700, 300, 400, 200, 800. Emergency Response Planning Local Hazard Mitigation Plans, Cities of Colton, Twenty-Nine Palms, and Villa Park CA Responsible for successful preparation of Hazard Mitigation Plans that received CalOES and FEMA approval within the scheduled time and budget.
Local Hazard Mitigation Plans/Grant/Training, Bighorn Desert View Water Agency, CA • Secured Hazard Mitigation Grant for the Agency
• Responsible for successful preparation of a Hazard Mitigation Grants that received an award of $ 2.5 Million to capture flood water run-off to re-charge the underground aquifer • Responsible for award of funding to Mitigate freezing and flooding to water wells and booster stations in the amount of $100,000.
Local Hazard Mitigation Plans/Grant/Training, Hi-Desert Water District, Yucca Valley, CA • Secured Hazard Mitigation Grant for Hi-Dessert Water that allowed the Agency to write and obtain an approved Hazard Mitigation Plan
• Prepared the Hazard Mitigation Plan for District
• Completed Emergency Response Plan that received the Board of Directors approval Local Hazard Mitigation Plans/Grant/Training, Multiple Agencies, Twentynine Palms Water District, Contra Costa Water District, Cucamonga Valley Water District, Yucca Valley, CA • Successful preparation of Hazard Mitigation Plan that received CalOES and FEMA approval • Prepared Emergency Response Plan (ERP) that received Board of Directors approval • Trained District staff on the use of the ERP. Conducted FEMA 100, 700, 300 and 400 certification training and conducted an Emergency Response Table-Top exercise. • Conducted FEMA Training classes and conducted a Table-Top Emergency Response Exercise 632
Proposal to Provide Grant Writing, Management, and Compliance Services 36 Miles Wagner, FEMA/CalOES GIS Specialist
Mr. Wagner has over 40 years of emergency management
experience in law enforcement, emergency management,
Red Cross services, and geological investigations. Mr.
Wagner has served at several key positions such as the
Emergency Services Officer of San Bernardino County, the Sergeant Deputy Sheriff at the Washoe County Sheriff’s
Department, as the Support Services Supervisor at the City of Colton Police Department, and as a member of the
Board of Directors for American Red Cross of the High
Desert Chapter. He has complimented these experiences
by also becoming a Certified Emergency Management
Specialist, a Geographic Information Services Specialist, an instructor with the California Specialized Training Institute, an Operations SOG/ConOps Developer, and HSEEP Developer.
Mr. Wagner has led numerous emergency response campaigns as the Emergency Services Officer including the 2003 Bark Beetle Emergency, the 2003, 2005, 2007, 2009, and 2016 Fire storms, 2003-2020 winter weather events, and 119 additional real-world emergency operations since 2003 with each event lasting an average of eight days.
Relevant Experience
Cyber Security Funding, multiple agencies: County of San Diego, San Diego Water Authority, Elsinor Valley Water District, Cityof Carlsbad, CA
Miles has been reviewing and assisting the above agencies to prepare to benefit from State grants.
Emergency Services GIS Specialist
Mr. Wagner has been responsible for creation and development of the Geographic Information System (GIS) Unit within the Office of Emergency Services. This program provides GIS services during normal operations as well as OES activations within the County. The GIS Unit also provides GIS support to federal Incident Management Teams upon request outside the County.
Systems to allow rapid and comprehensive damaged structures and infrastructure are under development and in the field-testing stage. Among many, his experience includes mapping the San Fernando Earthquake and the Salt Wells Valley/Paxton Ranch Earthquake Sequence surface rupture, field exploration in the Calabasas and west Los Angeles areas, and threat and hazard analysis for Washoe County, Nevada and San Bernardino County, CA.
Plans and Guidelines Development
Mr. Wagner has authored several Plans and Guidelines for several programs within San Bernardino County including:
Education: B.A. Business
Administration, Trinity College and
University - 1991, A.A. Geology and
Criminal Justice – Pasadena City
College, 1972
Years of Experience: 40+
Affiliations:
• Certified EOC Responder
• Federal MIT Member
• ESRI Conference Presenter
633
Proposal to Provide Grant Writing, Management, and Compliance Services 37 • The FEMA required Multijurisdictional Hazard Mitigation Plan (Updated and approved by FEMA every five years) requiring coordination between five separate jurisdictions during the planning and writing process. Additional coordination was conducted with other political jurisdictions within the County to ensure their MJHMP’s are updated every five years.
• Department Emergency Operations Plan (DEO) development and implementation. This program requires all County departments to develop a Department Emergency Operations Plan, train and maintain key personnel to operate within the DEOP during emergencies, and conduct other activities related to the DEOP. Development requires coordination between key Department personnel and OES during the year to ensure plans are maintained and updated. Training materials are developed, and training of participating staff is performed.
Programs, policies, laws, and regulations are reviewed and recommendations for changes are made.
• The Flood Area Safety Taskforce Standard Operating Guidelines (FAST). FAST is updated at least twice a year. This program ensures key County Departments and other cooperating state, and federal agencies are prepared to respond to and assist the residents of the County during potential flood incidents.
• The Fire Management Assistant Grant Program (FMAG) Standard Operating Guidelines. This SOG guides the completion and submission for a FMAG grant in the early stages of a potentially significant wildland fire. FMAG when approved can reimburse County Fire for up to 75% of fire suppression costs.
• The original Family Disaster Guide in 2005 for the Bark Beetle Emergency in San Bernardino County. This guide is updated and republished as needed by San Bernardino County. • StormReady certification from the National Weather Service. This program provides a discount for those persons purchasing flood insurance through the National Flood Insurance Program. StormReady was first approved in 2008 and is renewed every three years.
Mr. Wagner also has over 50 years for experience as a first responder in emergency management, law enforcement, and fire services. His experience includes 119 Real world EOC activations or incidents since May 2003 and many exercises. Incidents worked include Fire, Controlled Burn, EQ, Flooding, High Winds, Hospital Evacuation – Hazmat, Insects/Drought, Pandemic, Power Outage - Excessive Heat, Pre-Planned Event, Satellite Reentry, Terrorist Attack, Traffic Incident, Train Derailment Virulent Bird Disease, and Water Contamination, Sergeant Deputy Sheriff
Experience included supervising and training deputies, field training, review of field performances, reports and other written work products and conducting annual employee performance evaluations. He was also instrumental in forming the Crime Analysis Unit for the Department. This 3-year project resulted increasing functionality of crime analysis unit (CAU), developing patterns, and recommending strategies to apprehend offenders. 634
Proposal to Provide Grant Writing, Management, and Compliance Services 38 Tamim Atayee, PE, F. ASCE, Infrastructure Funding Expert Mr. Atayee is a registered professional engineer with
31 years of experience. Tamim works as a technical
expert for grant applications that involve expertise in hydraulics, hydrology, water resource engineering,
flood hazard mitigation, scour, sediment transport and
stormwater management. He is a skilled designer and
a capable manager and has authored many technical
papers. Mr. Atayee is experienced in both numerical
and physical modeling of hydraulic problems and has,
amongst other things, developed hydrology and
hydraulics software used as standards in the industry.
As a subcontractor to the Western US Technical
Evaluation Contractor to FEMA, he reviewed several
map revision processes, such as Letters of Map
Revisions, for projects that impacted flood hazard
areas. On the other end of the process, as the technical representative for applicants, he successfully secured
approval of several map revisions for land developers,
public agencies, and mine property owners.
Tamim’s expertise and knowledge assist us in
preparation of high-quality technical reports for grant applications that result in minimal comments and
expedited review of applications.
The following are Tamim’s experiences and skills:
• Expert in preparing FEMA related grants
• Technical expertise that lend to writing highly
qualified & credible reports for grant applications
• Trusted expert working with various Caltrans
districts GPR application
• Extensive experience in hydraulics, hydrology, water resource engineering, flood hazard mitigation, scour, sediment transport and storm water management.
Relevant Experience
FEMA Grant Applications, San Bernardino Municipal Water Department, San Bernardino, CA Responsible for review of agency documents and preparation of a successful grant application for four water steel tanks. Preparation of technical sections and interpretations to match the funding.
Development of required technical documents for the Benefit Cost analysis.
Education
MS Civil Engineering – Water Resources,
The George Washington University
BS Civil Engineering, Old Dominion
University
Registered Professional Engineer –
California, Colorado, Virginia
Years of Experience: 31
Professional Affiliations & Awards:
• Instructor of Excellence (2009, 2010,
2011, 2012)
• National Highway Institute Fellow
(F.ASCE)
• American Society of Civil Engineers
(ASCE)
• Distinguished Engineering Educator
Lifelong Learning Award,
• Outstanding Engineering Merit Award,
Orange County Engineering Council
• Outstanding Engineer of Merit Award,
American Society of Civil Engineers,
Orange County Branch
• Outstanding Civil Engineer in
Community Service, American Society
of Civil Engineers, Los Angeles Section
• California Emergency Services
Association (CESA)
635
Proposal to Provide Grant Writing, Management, and Compliance Services 39 FEMA Grant Applications, City of Colton, and Orchard Dale Water District, CA Responsible for review of agency documents and preparation of a successful grant application for seismic retrofit of the water tank. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis.
FEMA Grant Applications, Coachella Valley Water District, Coachella Valley, CA Responsible for review of agency documents for the two regional storm drain projects and preparation of successful phase I grant applications. Preparation of technical sections and interpretations to match the funding. Development of required technical documents for the Benefit Cost analysis.
Flood Assistance Grant Program, City of Wildomar, Wildomar, CA Prepared Benefit Cost Analysis (BCA), technical reports, cost estimate and all back up documentation to prepare two successful application for stormwater projects.
Sustainability Grants, Port of long Beach, Long Beach, CA Responsible for preparation of technical documents and all the necessary justifications for a sustainability grant funded by Homeland Security. Review of agency documents, preparation of cost estimates, back up documents, exhibits and other information as needed.
Storm Water Grants, Turlock Irrigation District, Turlock, CA Technical expert in development of successful grant application for District’s priority project in the amount of $16.5 million. Review of District documents and recommendations and preparation of grant sections to meet the funding goals.
Otay River Bridge, San Diego, CA
Provided hydrologic, hydraulic and scour engineering services to assist with the design of the new State Route 125 Toll Road Bridge over Otay. The objective of the project was to characterize the hydraulics and scour potential and develop countermeasures to sustain the erosive forces to which the bridge substructure would be subjected.
Alta La Jolla Restoration, San Diego, CA
Responsible for independent assessment of the hydrologic, hydraulic and channel stability of outlet channel of a storm drain system in the private development, Alta La Jolla in San Diego, California.
The objective of the project was to characterize the drainage and develop a concept to stabilize the eroded outlet channel.
Caltrans Drainage Law & floodplain Issues Course Development & Delivery, CA Responsible for development of two one-day courses and delivery to various Caltrans Districts in the state. Class material was developed for highway designers to discuss hydrology and hydraulic & identify issues pertaining to floodplains and effective discharge, minimize liability to public agencies short courses for FHWA, and Caltrans.
Caltrans Expert Services, San Bernardino Office of Caltrans San Bernardino County, CA Provided expert witness services for a successful conclusion including forensic analysis of the historical records for hydrology, hydraulics and sediment transport for the flood damage analysis of Lobecks Pass in a lawsuit case against Caltrans by Pacific Gas & Electric Company. 636
Proposal to Provide Grant Writing, Management, and Compliance Services 40 Carlos Pineda, PE, Infrastructure Funding Expert
Carlos is a registered civil engineer in the State of
California with over 38 years of experience in civil
engineering and project management. He has extensive
experience working for both private and public sectors.
His private sector design experience covers a wide
range of projects including residential master planned
communities and “in tract” residential improvements.
His public works design experience covers a wide
variety of projects including the improvement of major
arterials, secondary highways and collectors, flood
control and drainage projects, ADA retrofit, and safe
routes to school projects.
Relevant Experience
Trail Restoration Project, City of Huntington Beach, CA Carlos has been responsible for successful
development of a conceptual plan for the Shipley Park
trail project that met the approval of the Parks Board
members. Carlos then prepared the application for the
California Department of Parks and Recreation
Multiple Parks and Recreation Projects, City of Santa
Ana, CA
Responsible for preparation of cost estimates and narratives for successful grant application for multiple projects for the City resulted in funding from LWCF and Urban Greening funding.
Recycling Water Projects, Central Basin Municipal Water District, CA Responsible for preparation of 3 application packages for cities of Downey, Southgate and Bell Gardens. Developed cost estimate and the grant application for submittal on behalf of the agency.
LOSSAN Corridor, Peer Review, Hydrology & Hydraulics, San Diego, CA As part of RailPros Team, Carlos has been providing peer review on Civil engineering plans for several portions of the LOSSAN Corridor project.
Metro- Metrolink Station Location Studies, Los Angeles, CA ESS served as a sub consultant and provided site study and study the utility constraints involved.
This study included four stations and multiple alternatives for each location. The utility study included coordination with various stakeholders such as cities, and SCE. ESS also prepared a grant strategy for Metrolink.
Senior Project Manager – Community Development/Transportation (Stantec) As a Senior Project Manager, he was responsible for the marketing of Engineering Services to municipalities and other private clients such as developers, builders, and architects. Responsible for the management of Projects including close coordination with clients and with the Project team, Education: MS, Civil Engineering –
Structures, California State University,
Long Beach
MBA, Business Administration, University
of Phoenix
BS Civil Engineering (Cum Laude), Virginia
Polytechnic & State University, Blacksburg,
Virginia
Years of Experience: 38+
Registrations:
• Professional Engineer, California
(38639)
• LEED Accredited Professional, U.S.
Green Building Council
• Qualified Stormwater Pollution
Prevention Plan Practitioner
(California)
• Qualified Stormwater Pollution
Prevention Plan Developer (California)
637
Proposal to Provide Grant Writing, Management, and Compliance Services 41 responsible for executing the project, producing, and submitting deliverables and meeting the budget and schedule established in the contract.
Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering projects, including residential subdivisions, public works projects and community parks. Provided Quality Assurance and Quality Control for the Projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, review of submittals etc.
Sample Projects:
• Butterfield Stage Road Phase III Improvements, Temecula • Lincoln Park ADA and Landscape Improvement Project, Pomona • Boys and Girls Parking Lot Improvements, San Clemente • Camino De Los Mares Improvements, San Clemente
• Cress Street Sidewalk and Retaining Wall Improvements, Laguna Beach • Queda Way Drainage and Retaining Wall Improvements, Laguna Beach • Village Pond Park Improvements, Lake Forest
• NW Open Space Park, San Juan Capistrano
• Avella Apartments, Irvine, The Irvine Company
• Los Serranos Infrastructure Improvements -Safe Routes to Schools Program Phase 3, Chino Hills • Project Manager for Various CIP Projects for the City of Pomona Director of Engineering (CivilSource)
As a Director of Engineer was responsible for the marketing of Engineering Services to municipalities and other private clients. Responsible for the management of Projects including close coordination with clients and with the Project design team, responsible for executing the project, producing, and submitting deliverables and meeting the budget and schedule established in the contracts. Supervised engineers in the preparation of Plans, Specifications and Estimates (PS&E) for the construction of Civil Engineering Public Works projects. Responsible for providing quality assurance and quality control for all projects. Also, provided clients with engineering support during the Construction Phase of the projects, including responding to RFI’s, plan revisions, review of submittals etc. Assisted in providing civil engineering assistance to Cities as part of Staff Augmentation, this included providing engineering advice and plan checking for ongoing permit applications.
Sample Projects:
• Cerritos Avenue Widening Project, City of Cypress.
• SR2S Hermosa View Improvements, Hermosa Beach
• Retaining Wall Improvements – Moulton Parkway, County of Orange • Mermaid St. Sidewalk and Retaining Wall Improvements, Laguna Beach • Project Manager for Various Projects for the City of Laguna Woods. – Staff Augmentation 638
Proposal to Provide Grant Writing, Management, and Compliance Services 42 Omar Dayani, PE, TE, Transportation Funding Expert
With more than 32 years of project management
experience, Omar has completed more than $200
Million worth of capital improvement projects and
received numerous project awards for his efforts while
serving as the Traffic Engineer for the City of San
Marcos.
He has strong managerial skills and proven experience
in traffic engineering practices, as well as capital
improvement and land development procedures and
guidelines. He developed one of the most advanced
traffic management and traffic signal systems in the
state. Omar is well-versed in managing projects with
federal, state and local funding. He is also experienced with federal, state and local grant programs and the
appropriate processes by which to prepare various
grant applications.
Omar is a skilled problem-solver who elevates his
teams and consistently brings feasible and creative
solutions to project leadership. He has extensive
experience conditioning and reviewing land
development projects and scoping various CIPs. He has
established excellent working relationship with City
staff, adjacent public agencies, Caltrans, SANDAG (MPOs), major developers, contractors and resource agencies in the region. He is also knowledgeable in storm water and water-quality programs and design.
Relevant Experience
LA Metro Highway Program Support Services, Los Angeles, CA Funding Consultant to provide funding strategies, prepare grant application packages and monitoring of grants.
City of Carlsbad, Carlsbad, CA
Preparation of multiple roadway improvement grant applications including HSIP, PROTECT, NOAA, and ICARP for road realignment, pedestrian and bike safety projects, climate change mitigation projects.
As-needed Traffic Engineering Services – Multiple Cities, CA Provided traffic engineering services including design of federally funded projects, plan check of development projects, review of citizen requests, preparation of grant applications on an asneeded basis for cities of Hemet, Wildomar and Villa Park.
Education: B.S., Civil Engineering, West
Virginia Institute of Technology, WV
Registration:
• Registered Civil Engineer, California,
59972
• Registered Traffic Engineer,
California, 16171
• Professional Transportation
Operation Engineer, California
Years of Experience: 32+
Memberships:
• American Public Works Association
(APWA)
• American Society of Civil Engineers
(ASCE)
• WTS International (WTS)
• Construction Management
Association of America (CMAA)
• California Emergency Services
Association (CESA)
639
Proposal to Provide Grant Writing, Management, and Compliance Services 43 As-Needed Consulting Services, San Diego Association of Government, San Diego, CA Responsible to provide funding strategies, prepare grant application packages and monitoring of grants.
City of San Marcos, CA
• Successfully managed and prepared numerous federal, state and local grant requests obtained more than $60 Million in federal and state grants for the City of San Marcos.
Managed numerous special projects such as Inland Rail Trail, and Creekside Marketplace. • Management of the Traffic Engineering Section and all related activities. • Managed more than 175 capital improvement projects ranging from ITS and shopping centers and street improvements to rail and rail trails. • Serving as the City Traffic Engineer with extensive involvement in traffic circulation elements, ITS projects, traffic signal systems including design and operation of traffic signals, central monitoring systems, traffic signal adaptive systems, and wireless and fiber optic interconnect.
• In charge of traffic safety issues and preparation of reports and monthly presentations to the City Commission.
• Representing the City of San Marcos at SANDAG, Caltrans, NCTD, County of San Diego and other adjacent Jurisdictions, establish good working relationship with key members of San Diego County’s public and private sectors.
• Prepared and reviewed numerous technical reports such as traffic studies and reports to the City Council and various commissions.
• Prepared annual capital improvement projects (CIP) budget for five years.
City of Poway, CA
• Prepared numerous federal, state and local grant applications. • Managed more than 45 capital improvement projects including reclaimed water system, water treatment plant, water reservoirs and other specialty capital project. • Served as construction manager for numerous Capital Improvement Projects. In-house designed several relatively complex projects.
• Managed the AutoCAD and Soft Desk design activities.
• Assisted the traffic engineer with traffic safety and traffic circulation issues, and was assigned to Land Development section for two years
640
Proposal to Provide Grant Writing, Management, and Compliance Services 44 Stanley Klemanowicz AIA, PMI, LEED, Facility and Energy Conservation Funding Expert
Stan brings more than 25 years of hands-on experience
in architectural design and project delivery within time and budget on many public and private projects. As a
Leadership in Energy and Environmental Design (LEED)
Professional, he has directedsustainability and led
project teams in exceeding desired green building
accreditation levels. He has been responsible for
completion and approvals of ongoing design and valueengineering, preparation of construction documents, permitting, and funding details. Stan’s extensive
experience in the design field has allowed him to be a
technical expert for all energy- related grant pursuits.
Stan has been dealing with various utility providers and Air Quality Management District (AQMD) and other
funding agencies directly and has first-hand knowledge
of the available grants and their requirements. The
following are a sample of Stanly’s experiences and skills:
• Expertise in evaluation of facility design
improvements to meet funding requirements.
• Responsible for design and renovation of facilities to obtain LEED Platinum and Gold
• Proven track record in providing Construction Management & funding Relevant Experience
Funding Resources Consultation Applications
Federal and State funding, IRS EP Act 2005 Tax Credit, Utility company rebate and incentives.
Statewide Utility Companies Energy Efficiency Program
Savings by Design on behalf of Southern California Gas Company and Los Angeles Department of Water & Power, and Integrated Demand Side Management with Southern California Edison.
Capital Improvement Program, City of Santa Monica, California Project Manager responsible for design and delivery of multiple capital improvement and major maintenance projects embracing State and City sustainability guidelines including: Police/fire headquarters, city hall, renovations, civic auditorium city pool, senior housing, parks facilities and animal shelter.
Education: BS, Architecture, The City
University of New York
Registration: Licensed Architect, CA,
NY, NJ
Years of Experience: 25+
Memberships:
• American Institute of Architects
(AIA)
• National Council of Architectural
Boards (NCAB)
• National Institute of Building
Sciences (NIBS)
• United StatesGreen Building
Council (USGBC)
• Commissioner: City of Redondo
Beach, Uniform Codes Commission
(UCC)
• Project Management Institute
(PMI)
641
Proposal to Provide Grant Writing, Management, and Compliance Services 45 California Task Force on Court Facilities, Los Angeles County Directed on-site surveys and evaluations of thirty courthouses in Los Angeles County for physical condition, life-safety, code compliance, functionality, security, accessibility, and space requirements as prerequisite for development of capital construction budget for master planning and new construction.
Modernization Project - Los Angeles Unified School District (LAUSD) Responsible for design development and validation of project scopes and budgets, design and construction documents, DSA submittals, and project delivery methodology. Directed preconstruction efforts for 300 Measure K and BB Bond modernization projects of existing facilities with an aggregate value of projects exceeding $50 million. Developed project delivery system for JOCS (Job Order Contract System), where over 100 projects were initiated in less than a year. Managed architect/engineer teams.
Port of Los Angeles – Pier 400, Los Angeles, CA
On-Site Project Manager, responsible for oversight of the design-build process for the design and construction of 18 office and gate facilities at the largest proprietary marine cargo terminal in America. Facilities included corporate offices, operations, and maintenance buildings. Cost of facilities exceeded $60 million. Total cost of project - $900 million.
Construction Administration – LEED Silver Project Hollywood, CA Senior Construction Administrator for the Hollywood W Hotel & Residences, the largest LEED Silver project in Los Angeles County, a luxury hotel and residential development valued over $360,000,000. Managed and directed the architectural design team of over fifteen consultants.
Responsible for completion and approvals of ongoing design and value-engineering, preparation of construction documents, permitting, submittal reviews, requests for information, change orders, field observation, and project closeout.
642
Proposal to Provide Grant Writing, Management, and Compliance Services 46 Mir T. Fattahi, PE, F. ASCE Infrastructure Funding Expert Mir brings extensive experience in securing and managing grants of more than $20 Million from the BOR, CA SWRCB
& DWR. He is highly knowledgeable on water and sewer
related funding pursuits and has successfully secured and managed funding and project implementation on behalf of various agencies.
He is experienced in directing projects and staff in fastpaced, results-oriented environments. Mir is an articulate communicator able to elicit outstanding performance from a diverse array of professionals. He has been highly
successful in developing synergistic relationships to bring projects to completion on time and under budget, in part because of his strong leadership, organization, and
communication skills.
Mir has more than 35 years of extensive experience in all facets of water and sewer engineering, planning, design and project management; budgeting, scheduling, contract administration, change order management, claim analyses and mitigation; biddability/ constructability review, development and implementation of quality assurance and control (QA/QC) procedures. He has led and managed major Capital Improvement Program (CIP) infrastructure projects in water/wastewater including recycled water for various agencies in Southern California.
Relevant Experience
As-Needed Grant Writing Services, Coachella Valley Water District, Coachella Valley, CA Involved in preparation of successful applications to WIFIA for funding over $50 Million for two projects and a successful application for Advanced Metering Infrastructure (AMI) demonstration project from BOR Funding.
Grant Writing Services, Multiple Projects, City of Hemet Water Department, Hemet, CA Preparation of grant application packages for more than $10 Million in grant and $18 Million in SRF loan for Automated Water Metering, master plans. water distribution system upgrades and sewer collection system on behalf of the City.
Storm Water & Recycling Grants, City of Downey, CA
Identification & application of successful $4 Million for stormwater quality project that ranked one of the highest for funding and a submittal of a grant application for a recycling project.
Recycled Water Program, Project Manager/Engineer, Simi Valley, CA Project Manager/Engineer in charge of preparation of plans and specifications for recycled water connections, preparation of engineer’s report, cross connection testing and report, site Education: MS, Civil Engineering, CA
State University Long Beach, CA, 1992
Years of Experience: 35
Registration:
• Registered Professional Engineer
in CA 59465; Certified Cross
Connection Control Specialist –
USC
• General Engineering Contractor
License “A” (#969080)
• Principals of Supervision
• Supervisor’s Academy Cross
Connection Control – Certified by
USC Foundation.
• Traffic Control, Trenching and
Excavation
643
Proposal to Provide Grant Writing, Management, and Compliance Services 47 supervisor training and issuance of certificate for Ventura County Waterworks District No. 8, City of Simi Valley.
Recycled Water Program, Project Manager/Engineer Fontana, CA Project Manager/Engineer in charge of preparation of plans and specifications for local lateral connections, preparation of engineer’s report, cross connection testing and report, site supervisor training and issuance of certificate for Fontana Water Company.
Water and Reclaimed Water Systems, Project Manager Aliso Viejo, CA Project Manager responsible for design and preparation of construction plans, specifications, and cost estimates for Oak Grove water and reclaimed water systems. The project consists of approximately 10,000 acre-feet (AF) of water and reclaimed water pipelines designed for the Moulton Niguel Water District to be constructed in the community of Aliso Viejo. PVC and Ductile Iron Pipes were specified for this project.
Recycled Water Program, Inland Empire Utilities Agency (IEUA), Project Manager, Chino, CA Program manager of the Agency’s Recycled Water Program. Under his direction the recycled water use increased from 15,000 to 37,000 AFY in 2.5 years with a target of 50,000 AFY by the end of 2012. The program involved site investigation, preparation of retrofit plans, preparation of engineering report, and testing. Users of Recycled Water include farmers, schools, industrial entities, golf courses, parks, and commercial office landscape areas.
As-Needed Grant Writing Services, Water and Sewer Department, City of Santa Ana, CA Participation in identification of grant funding opportunities, preparation of successful grant applications for BOR, SWRCB, Santa Ana Watershed Authority and many more. Also, assisted with compliance-management services for the City.
Three Application Packages for Sewer Improvement Projects, City of Laguna Beach, CA Preparation of applications and coordination with State project managers to obtain approval for securing $10 Million funding on behalf of the City. Projects involve upgrade of sludge export force main, treatment facility upgrades, and sewer line rehabilitation throughout the City.
Water, Sewer and Reclaimed Water Transmission Pipeline Design, Project Manager, Laguna Hills, CA
Project Manager in charge of the design, contract document preparation and construction management of the Wood Canyon water, sewer, and reclaimed water facilities for the Moulton Niguel Water District. The project consisted of 3 miles of water transmission pipeline, 2 miles of reclaimed water transmission pipeline, and 3 miles of gravity and force main sewers. Several pipe materials, including CML&C steel pipe, DIP and PVC pipe were specified based upon design requirements.
644
Proposal to Provide Grant Writing, Management, and Compliance Services 48 Debbie Murphy, PE, Water/Sewer Funding Expert
Debbie has been responsible for successful grants from
various agencies such as Bureau of Reclamation (BOR),
State Water Resources Control Board and Santa Ana
Watershed Project Authority for various water related
projects and State Water Resources Control Board grant
applications. ALL the grants written by Debbie for BOR
have been awarded for funding in the past six cycles.
She is also very knowledgeable in grants from Propositions 1, 13, 68 & 84. She has been actively involved in identifying funding opportunities and matching projects for maximum funding.
Debbie has been responsible for successful grants with multiple Bureau of Reclamation for various water related projects and State Water Resources Control Board grant applications. She has more than 30 years of professional engineering design and construction experience in the private and public sectors for public works projects related to water and sewer projects, and all aspects of water systems, including pipelines, wells, booster stations and reservoirs. She has immense mechanical and administrative expertise in all phases of plan review, constructability review, QA/QC of technical reports, and environmental process. She is also highly skilled in identifying appropriate measures, policies, and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.
Relevant Experience
Grant Assistance & Monitoring – San Bernardino Municipal Water Department, Desert Water Agency, Valley Sanitary District, Turlock Irrigation District, City of Sacramento, City of Santa Ana, Long Beach Water Department, Mission Springs Water District, CA Responsible for successful grant applications and compliance reviews for several State Revolving fund, Santa Ana Watershed Authority and Bureau of Reclamation funding including Title XVI, Drought Resiliency Grant Program, and Water and Energy Efficiency Grant Program.
Debbie has been providing guidelines reviews for various funding compliance and grant requirements on multiple types of federal and state funding opportunities including Proposition 1, 13, 68, and 84.
Project Engineer, Multiple Cities, Department of Public Works Project Engineer in Water Division and Public Works responsible for planning, coordinating, and managing technical, and field staff responsible for all aspects of the planning, design, award and construction of water projects including pipelines, reservoirs, wells and booster pump stations.
Developed and administered budgets, prepared, and processed RFPs and awarded/managed professional services and construction contracts. As Development Services Manager and Principal Engineer, responsibilities included environmental and entitlement review; developing and enforcing Conditions of Approval; technical plan review/approvals; developing department Education: BS, Civil Engineering,
University of the Pacific
Registration Registered
Professional Engineer in CA 43607
Years of Experience: 32
645
Proposal to Provide Grant Writing, Management, and Compliance Services 49 programs, policies, and procedures; serving as liaison with the general public and the development community; researching, preparing and/or delivering reports and presentations to Commissions and City Council.
City of Cypress, Department of Public Works
Assistant Civil Engineer responsible for prepared of plans, specifications, cost estimates and contract documents for public works projects including street improvements, parks, and public buildings. Provided technical support and project management expertise, prepared staff reports and presentations to City Council and assisted in budget preparation of annual operating and multi-year CIP budgets. Prepared and administered grant applications for federally funded paving projects.
Albert C. Martin & Associate, Los Angeles, CA
Civil Engineer responsible for preparation of technical plans and specifications for public and private development projects, including grading and utility plans; hydrology and hydraulic calculations; design and coordination. Project management responsibilities included budget, schedule, and quality control.
City of Hermosa Beach, Department of Public Works
Assistant Engineer responsible for administration of all aspects of the planning, design, construction and management of maintenance, engineering and capital improvement projects in the City, including projects related to streets, storm drains, sanitary sewers, parks and public buildings.
Mobil Oil Corporation, Los Angeles, CA
Project Engineer responsible for the delivery of construction projects, including removal and replacement of underground fuel storage tank facilities and construction of new service stations. Performed field investigation, developed cost estimate, prepared and issued bid package and cost analyses, evaluated and awarded bids, managed and supervised construction, and project budget.
646
Proposal to Provide Grant Writing, Management, and Compliance Services 50 Chenxia Li, Federal Funding Expert
Chenxia has over 20 years of experience and an extensive background in the capital planning process and in
developing long-range capital improvement programs
including regional and agency-wide transportation
planning. She has successfully secured and managed
various federal, state, and local funding measures
including FTA/FRA/FEMA/Caltrans, Highway Rail Crossing
Safety Account (HRCSA), Highway Safety Improvement
Program (HSIP), High Priority Projects (HPP),
Transportation community and many other grants.
Chenxia has been responsible for performing policy and financial analyses, negotiating agreements with FTA/FRA and other funding agencies, as well as the preparation and presentation of reports to agency board of directors.
Chenxia is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.
Relevant Experience
San Bernardino GHG reduction Strategy, TIRCP 2018 Grant Application Package, San Bernardino County Transpiration Authority, San Bernardino, CA Responsible for development of a successful grant application package for two significant projects in the region, meeting with CalSTA, preparation of GHG reduction and all write up.
Redlands Passenger Rail Project, San Bernardino County Transpiration Authority, San Bernardino, CA
Funding expert responsible for preparation of TIRCP, PTC and FTA grants for the $280 million project. Facilitated meetings with grant funding agencies, prepared agendas and presentation topics. Researched the available documents and prepared successful grant application packages. Advised on negotiations, grant agreements, and reporting needs.
Grants Manager, San Diego North County Transit District (NCTD), Oceanside, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding.
• Administered NCTD grant programs and managed grant staff. Performed strategic, programmatic, and detailed grants management of NCTD’s federal, state, and local grant programs.
Education: Ph.D. in Planning, University
of Southern California, 1992
Master of City Planning, University of
California at Berkeley, 1985
Bachelor of Engineering, Tongji
University, Shanghai, China 1982
Years of Experience: 20+
647
Proposal to Provide Grant Writing, Management, and Compliance Services 51 • Coordinated with the San Diego Association of Governments (SANDAG) to forecast grant revenues for five-year capital improvement program. Developed recommendations to assign the grant funds to the capital and planning projects. • Worked with the Federal and State funding agencies for grant application/ amendments/closeout. Managed grant programs for requirements compliance. • Maintained grant database using the JD Edwards system to ensure accuracy and grant compliance.
• Prepared the required project progress reports, financial status reports, and grant closeout reports. Ensured timely processing grant billings; reviewed the project expenditures against the approved project scope and in compliance with federal, state and local funding requirements; and validated appropriateness of supporting documents and justifications. • Developed and revised grant management procedures and the board finance policies. • Responsible for the SAFE schedule and the required single audit schedules. • Prepared responses to the FTA Triennial Review and Enhanced Technical Capacity Review.
BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks in order to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Each application applied for $500,000 federal grant funding.
Grants and Strategic Development Planner, Southern California Regional Rail Authority (SCRRA)
• Coordinated with FTA/FRA/FEMA/Caltrans on the grant administration, led FRA/Caltrans quarterly reviews, analyzed Federal and State transportation policies and funding programs, and communicated with staffers on grant issues.
• Worked with Engineering Department and Program Management Office on the programmatic issues pertaining to the capital rehabilitation and improvement projects, and prepared grant applications by closely working with the stakeholders. Participated in monthly project managers’ meetings, worked with all necessary parties to ensure implementation of grant- funded projects in compliance with the grant requirements and grant contract provisions.
• Administered Federal and State grants; prepared the grant fact sheets to disseminate grant information; tracked contract commitments and expenditures; prepared project progress and financial reports; responded to the grantors’ inquiries concerning grant compliance issues; performed the grant closeouts; and responded to the audit requests. • Tracked grant balances; reviewed proposed changes to the project scope to ensure consistency with the funding agreements; reviewed and validated the eligibility of project 648
Proposal to Provide Grant Writing, Management, and Compliance Services 52 budget reallocations by fund source and by project; and ensured the grant records being updated with a documented audit trail.
• Performed timely and comprehensive analysis of capital budget versus actual expenditures at the project level and program level, and performed monthly, quarterly, and year-end reconciliations.
• Maintained detailed grant records on all capital projects to ensure accuracy and integrity of the accounting records in the Oracle Financial System and reconciled the grant records. • Participated in various cross-functional meetings and task forces within the agency to address capital budgeting, financial analysis, allocation initiatives, and other funding and capital activities.
Senior Capital Planning Specialist, Alameda-Contra Costa Transit District, CA • Worked with project managers to develop project scope, budget, financial plan, and delivery schedule to ensure the award of grants; prepared environmental documents for categorical exemptions; and managed the grants by closely working with the funding agencies to ensure implementation in compliance with the grant requirements and the government regulations.
• Led agency’s capital planning process and developed long-range capital improvement programs (Regional Transportation Plan, county’s State Transportation Improvement Program, Countywide Transportation Plan and Measure B Reauthorization Expenditure Plan) and short-range capital plans.
• Administered agency’s federal grant programs (2006-2011) and state grant programs (1995- 2010); developed grant proposals, prepared grant applications, coordinated with the funding agencies to expedite award of grants; and performed post- award grant management.
• Communicated regularly with the agency Board of Directors and Executive Staff regarding funding issues, prepared and presented reports and Board items, and performed policy and financial analyses at the request of the Board Directors and General Manager. • Provided fiscal oversight of the grant implementation, set up grants in the PeopleSoft Financial System, tracked funding commitments, reviewed and validated requisitions, monitored grant expenditures and balances at project level and in aggregate to ensure grant implementation on budget and on schedule, prepared project progress reports and financial reports.
649
Proposal to Provide Grant Writing, Management, and Compliance Services 53 James Klueber, Senior Grants Analyst
James started his career as an analyst specializing in various water resource investments and is very familiar with
Californian water law, water systems, federal/state/local management plans, and water infrastructure. He is a team player and brings his can-do attitude to work every day.
Currently, his primary role at ESS is to provide grant
compliance monitoring, QA/QC support for all grant
applications and funding opportunities. His work ethics coupled with his passion for helping build stronger communities is demonstrated in his work and aligns with our ideals and qualities at ESS.
James is highly skilled in identifying appropriate measures, policies and procedures to comply with federal, state, regional, and county laws, regulations, and environmental mandates.
Relevant Experience
Local Partnership Program (LPP) Grant, City of Carlsbad and Long Beach, CA Responsible for final QA/QC during the LPP grant writing process and assisted with various research, mapping, and other tasks in order to submit the application fully and promptly.
FEMA/CalOES Grant Applications, Cities of Pasadena, Sacramento, Belvedere, Oceanside, CA Responsible for preparation of supporting documentation and estimates for a variety of projects including seismic retrofit of Dam structures, City Hall and parking structure, bridge, reservoirs, and a sea wall project that met the approval of CalOES.
BOR WaterSMART Drought Resiliency Grant, Long Beach Water Department, Santa Clarita Valley Water Agency, City of Santa Ana, City of Sacramento, CA Responsible for final QA/QC during the BOR WaterSMART Drought Resiliency Projects grant writing process and assisted with various research, mapping, and grant writing tasks to submit the application promptly. Worked on 4 applications simultaneously and submitted all applications successfully and on-time. Each application was for $2 million in federal grant funding.
BOR WaterSMART Water Energy and Efficiency, Santa Clarita Valley Water Agency, Olivenhain Municipal Water District, Desert Water Agency, City of Santa Ana, San Bernardino Municipal Water District
Responsible for final QA/QC during the BOR WaterSMART Water Energy and Efficiency grant writing process and assisted with various research, mapping, and grant writing tasks to submit the applications fully and promptly. He worked on 6 applications simultaneously for this opportunity. Applications ranged from $500,000 - $2 million federal grant funding.
Education:
MS, Environmental Sciences &
Management, Cal Poly San Luis
Obispo, CA (2023)
BS, Environmental Economics &
Policy, U.C. Berkeley, CA (2018)
Years of Experience: 6
650
Proposal to Provide Grant Writing, Management, and Compliance Services 54 Department of Water Resources, Multibenefit Drought Grants Program, City of Petaluma, Fort Bragg and San Bernardino Municipal Water Department.
James assisted the City of Petaluma, Fort Bragg, and San Bernardino with several Department of Water Resources Multibenefit Drought Grant applications. The City of Petaluma received funding for a recycled water line implementation project and an Advanced Metering Infrastructure project totaling $11.5 million in funding. SBMWD received $2 million in funding for an Advanced Metering Infrastructure Project and City of Fort Bragg received $20 million for two conveyance and storage projects.
Drinking Water State Revolving Fund Compliance Services, Santa Clarita Valley Water Agency Responsible for SWRCB SRF compliance requirements for a $3.9 million water transmission line project including reimbursement requests, progress payments, AIS, DBE, and prevailing wage requirements.
Clean and Drinking Water State Revolving Fund, Cities of Sacramento and Carlsbad, Valley Sanitary District, CA
James has prepared and submitted CWSRF and DWSRF applications via FAAST to upgrade various components of wastewater and water systems ranging from $4.5 - $35 million projects. 651
Proposal to Provide Grant Writing, Management, and Compliance Services 55 d. Disclosure
No ESS personnel have past or current business or personnel relationships with any current City of Banning elected official, appointed official, City employee, or family member of such officials. e. Experience and References
EXPERIENCE
Experience In Grant Identification and Grant Writing:
Grant Writing, & Compliance Services, City of Santa Ana Utility Department, Santa Ana, CA ESS was selected to provide needs assessment, grant
identification, grant writing and compliance services for the Water and Sewer services Department. ESS started by
reviewing the City’s CIP and unfunded projects and
developed a funding plan by identifying grants. To date, ESS has prepared successful applications for Bureau of
Reclamation, Proposition 1, Ground Water Grant, Green
Project Reserve and State Revolving Funds for the following projects:
Grant Amount Funding Agency Program Projects
$2,199,000 California Dept. of
Transportation
Clean California Grant
Program Cycle 2
Walnut Street Urban
Greening Project
$1,500,000 Bureau of Reclamation Water Energy Efficiency AMI System $3,000,000 Bureau of Reclamation Drought Contingency 3 Well Projects $3,500,000 IRWM SAWPA Well design and
construction
$75,000 SWRCB Prop 13 Water Recycling
Master Plan
$25,200,000 SWRCB DWSRF, CWSRF AMI, Well
Rehabilitation, Septic
to Sewer
$100,000 IRWM SAWPA Well design
$400,000 Bureau of Reclamation Irrigation Improvements Residential Rebates $2,500,000 SWRCB CWSRF Septic to sewer
$300,000 CalOES Community Power
Resiliency
Emergency
Generator
$1,000,000 CARB Alternate Fuel Program CNG Fueling Station $1,000,000 SCE Charge Ready EV charging Stations
652
Proposal to Provide Grant Writing, Management, and Compliance Services 56 $300,000 Bureau of Reclamation Water Energy Efficiency Hydropower Modifications
$500,000 Bureau of Reclamation Water Energy Efficiency Solar Panel Installation
$200,000 Bureau of Reclamation Small Water Efficiency Turf Removal Rebate $1,500,000 Bureau of Reclamation Drought Resiliency PFAS Treatment Plant
Grant Writing Services, Long Beach, CA
ESS has been providing grant assistance services for each of the listed agencies that started with a needs assessment and review of the agency’s CIP projects and unfunded projects. ESS presented a funding strategy and matching opportunities to projects that was approved by the Long Beach Water Department (LBWD). Additionally, ESS provided grant writing services for the City’s Public Works department which ESS secured funding from FHWA as noted below.
Grant Amount Funding Agency Program Projects
$2,800,000 FHWA HSIP, LPP
Street Widening & Pedestrian
Improvements
$300,000 CalOES
Community Power
Resiliency
Generator Procurement
$1,500,000 BOR WEEG AMI
$4,200,000 BOR DRP 4 Wells
$75,000 FEMA Training Emergency Response Training
$1,970,000 BOR Title XVI 2 Recycled Water Projects
$13,500,000 DOT
Bridge Improvement
Program
Bridge Rehabilitation (pending)
653
Proposal to Provide Grant Writing, Management, and Compliance Services 57 Grant Writing Services, City of Fort Bragg, CA
ESS has assisted the City with a Department of Water Resources Multibenefit Drought Grant application and received funding for a water line implementation project for $8.8 million from the Dept. of Water Resources. Additionally, ESS obtained $8.4 million in funding from DWSRF for a water treatment plant overhaul and water tank rehabilitation project.
Grant Identification and Writing Services, City of Carlsbad, CA ESS was selected for the as-needed grant writing services for the City and has been successful in award of over $14.8 million in the last two years. For example, ESS coordinated with Mike Levin’s office and the City of Carlsbad in preparing an application for its Veterans Memorial Park Project under the Community Project Funds funding opportunity. The Project was a high priority project for the City and its residents as the Project commemorates veterans and provides several recreation facilities. ESS assisted the City in identifying and developing a project description that highlighted eligible funding elements for the City’s Veterans Memorial Park Project. ESS prepared the budget, schedule, and public outreach efforts that ranked the project for award. The Project was submitted to Community Project Funds in 2022 and was completed in March 2022.
Grant Amount Funding Agency Program Projects
$9,000,000 Community Project Funds Annual Allocation -2022 Veterans Park $5,000,000 Community Project Funds Annual Allocation -2021 Neighborhood
Revitalization
$4,600,000 SWRCB CWSRF SCADA System
$4,000,000 NOAA, DOT, EPA PROTECT, ICARP,
Road realignment,
climate change
impact mitigation
$1,200,000 FHWA HSIP Multiple Projects
654
Proposal to Provide Grant Writing, Management, and Compliance Services 58 Experience in Grant Management:
Grant Compliance Services, Wastewater Treatment Facility Upgrade, City of Richmond, CA ESS is currently providing SRF grant compliance monitoring services for the $50 million project to meet all the requirements of the EPA and CA State Water Resources Control Board. ESS provided the specification sections that need to be included in the bid package as required by the grant documents.
Grant Identification, Writing & Compliance Services, San Bernardino Municipal Water Department, San Bernardino, CA
ESS has been providing grant identification and writing services for the Department since 2018 and is still under contract. ESS has been participating in several meetings with the department director to identify fundable elements of a project and provide a funding strategy.
Grant Amount Funding Agency Program Projects
$5,500,000 FEMA Hazard Mitigation Seismic Retrofit of 4 reservoirs
$7,570,000 SWRCB DWSRF Seismic Retrofit of 4
reservoirs
$9,900,000 SWRCB CWSRF WWTP expansion
$3,400,000 SWRCB DWSRF Water pipeline Rehabilitation
$2,000,000 DWR Urban
Multibenefit AMI System
$500,000 Bureau of
Reclamation WaterSMART AMI System
ESS is currently managing and preparing quarterly progress reports for two State Revolving Fund projects, one Department of Water Resources project, and one FEMA grant project for the Department.
655
Proposal to Provide Grant Writing, Management, and Compliance Services 59 Wastewater Treatment Facility Upgrade, City of Palm Springs, Palm Springs, CA
Responsibilities for the City of Palm Springs began with preparation of SRF loan applications for the $29 million Wastewater Treatment Plant Upgrade & $8 million for a
cogeneration project. We arranged for a meeting with the SRF management in Sacramento and provided a presentation that assured adding this project to the priority list. During the complex process for this project, we were able to provide continuous coordination with three state SRF project managers and obtain approvals for every phase. This project was completed in March 2017.
In the process, ESS identified project elements that qualified for additional grants, resulting in a successful award of more than $5.1 million in grants the City did not expect. We prepared Green Project Reserve grant funding application and exhibits for the following:
• Variable Frequency Drive • LED Lighting
• High Efficiency Motors • Combined Heat and Power Cogeneration • SCADA System Upgrade • Site Improvement
ESS also provided SRF compliance including project reporting, reimbursements, monitoring of AIS, DBE and prevailing wages that resulted in successful audit session. on behalf of the City.
REFERENCES
City of Santa Ana:
Nabil Saba, Executive Director
20 Civic Center Plaza Santa Ana, CA 92701
(714) 647-3380, [email protected]
San Bernardino Municipal Water Department:
Devin Arciniega, Water Conservation/ Public Affairs Coordinator 1350 E Street San Bernardino, CA 92408
(909) 453-6052, [email protected]
City of Fort Bragg:
John Smith, Public Works Director
416 N Franklin St, Fort Bragg, CA 95437
656
Proposal to Provide Grant Writing, Management, and Compliance Services 60 (707) 961-2923 ext. 136, [email protected]
City of Richmond (Operated by Veolia North America, LLC):
Chandrasekar Venkatraman
601 Canal Blvd, Richmond, CA 94804
(510) 412-2001, [email protected]
City of Sacramento:
Alaina Jordan
1395 35th Ave, Sacramento, CA 95822
(916) 808-5801, [email protected]
657
Proposal to Provide Grant Writing, Management, and Compliance Services
PRICE PROPOSAL
The cost proposal below proposes a retainer for grant funding needs assessment and strategy, grant opportunity development, and funding research services. Due to the variety of funding opportunities involved and project durations and costs grant applications, as per the Questions and Answers released by the City, ESS will submit quotes on a project-by-project basis for the City’s consideration for all grant writing and grant management and administrative related pursuits. All ESS staff track hours to 15-minute increments so we can provide fair and accurate cost for the tasks assigned.
Task No. Task Cost
1 Grant Funding Needs Assessment and Strategy $5,750
2 Grant Opportunity Development Included in Tasks 1 and 3 3 Grant Funding Research Services $600 per month
4 Grant Writing Services Quotes will be provided on
a project-by-project basis
5 Grant Management and Administrative Services Quotes will be provided on a project-by-project basis
6 Ongoing Communication and Support Included in Tasks 4 and 5 Cost increases will follow City’s policy and the acceptable escalation rates.
Fee Schedule
Position Hourly Rate
Principal $218
Project Manager $208
Senior Associate $188
Associate $166
Support Associate $140
Technical Experts $225-280
Reimbursable Cost
Reproduction Cost
Courier Services Cost
Transportation Cost
658
Proposal to Provide Grant Writing, Management, and Compliance Services 62 D. VALUE ADDED SERVICES
Please refer to our “Additional Services” in the “Proposal” section of this document.
E. EVIDENCE OF INSURANCE
ESS maintains insurance that meets the City’s requirements. Please see attached for proof of insurance.
F. VENDOR FORMS
Please see attached form.
G. TYPE OF BUSINESS
Engineering Solutions Services is a S-Corporation business.
H. LEGAL COMPANY NAME
Engineering Solutions Services
I. EX PARTE COMMUNICATIONS CERTIFICATION
I, Sudi Shoja, certify that ESS nor ESS representatives have not had any communication with a City Council member concerning this IFB at any time after the date and time that this IFB was publicly advertised.
J. EX PARTE COMMUNICATIONS CERTIFICATION CONTINUED
None.
K. DISQUALIFICATIONS QUESTIONNAIRE
ESS nor any employee of the ESS who has proprietary interest in the Company, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or safety regulation.
L. DISQUALIFICATIONS QUESTIONNAIRE CONTINUED
None.
M.DISCLOSURE OF GOVERNMENT POSITIONS
None.
N. CERTIFICATION COMPLIANCE
Please see attached form.
659
Proposal to Provide Grant Writing, Management, and Compliance Services Evidence of Insurance
Barbara Mason
Purchasing Manager
99 E. Ramsey Street February 26, 2024
Banning, CA 92220
Re: Certification of Compliance with Insurance for Grant Writing and Management Services Dear Ms. Mason,
I hereby certify that Engineering Solutions Services (ESS) will provide evidence of possession of insurance in the coverage and amounts listed in the Sample Agreement in the RFP. ESS will provide the Certificates of Insurance proving coverage as specified in contract sample within 10 consecutive calendar days of award of contract.
Sincerely,
Sudi Shoja, PE, Principal of ESS
660
CITY OF BANNING
STAFF REPORT
TO: CITY COUNCIL
FROM: Douglas Schulze, City Manager
PREPARED BY: Emery Papp, Senior Planner
MEETING DATE: June 25, 2024
SUBJECT: Consideration of Resolution 2024-104, Approving Amendment No. 4 to a Professional Services Agreement (C00608) with Willdan Engineering, Inc. for Building and Safety Plan Check and Plans Examination Services; Landscape Design Plan Check and Plans Examination Services; and Building Permit and Landscape Installation Inspection Services RECOMMENDATION:
Adopt Resolution 2024-104.
BACKGROUND:
In 2019, the City of Banning floated a Request for Proposals or Invitation for Bids No. 19-045, to provide the City's Building and Safety Division with the following services: Plan Check, Building Inspection, and Landscape Design Review Services. The most responsive bid was received by Willdan Engineering, and on September 24, 2019, the City and Willdan Engineering entered into a contract for Professional Services when the City Council adopted Resolution 2019-122, for an amount not to exceed $1,470,960.
On January 25, 2022, the City Council adopted Resolution 2022-09, amending the Agreement to increase the contract sum by $714,902.50 to a total contract sum of $2,185,862.50 (“Amendment No. 1”).
On January 24, 2023, the City Council adopted Resolution 2023-20 (Amendment No. 2), stating a newly amended not-to-exceed total contractual amount of $2,185,862.50, but did not address a recommendation to extend the Agreement term to October 31, 2023. As a result, on February 28, 2023, the City Council adopted Resolution 2023-44, re-approving Amendment No. 2 and authorizing an increase in the contract amount by $612,000 to a new total contracted amount of $2,797,862.50, and an extension of the term of the Agreement through June 30, 2024. The City Council’s adoption of Resolution 2023-44 was intended to update and replace Resolution 2023-20 in its entirety.
On February 27, 2024, the City of Banning, adopted Resolution 2024-37 (Amendment No. 3), approving an increase in the not-to-exceed total compensation by $470,000 to $3,267,862.50, and an extension of the term of the Agreement through June 30, 2024.The contract is now set to expire.
The City and Willdan Engineering now desire to amend the Agreement (Amendment No. 4) in accordance with Resolution No. 2024-104 to include additional compensation not-to-exceed Contract Sum by $900,000 to $4,167,862.50, and to extend the term of the Agreement through March 31, 2025.
JUSTIFICATION:
Willdan has been augmenting current City staffing levels by providing professional support services. The 661
City continues to have a need for these services and the engagement of these additional services has increased the contract amount above the previously approved financial limits set by the City Council. As such, additional commitment of resources is required. However, all of Willdan's fees are considered “pass-through” costs, as the City's costs are reimbursed through developer review fees on the plans and permits submitted to the City.
FISCAL IMPACT:
The Community Development operational budget will fund the requested increase, Account No. 001- 2700-441.33-11 (Professional Services). Estimated usage in Biennial budget:
Year Estimated Amount
2024/2025 $900,000
ALTERNATIVES:
1. Adopt Resolution 2024-104, as recommended.
2. Adopt Resolution 2024-104, with modifications.
3. Do not approve Resolution 2024-104 and provide alternative direction to staff.
ATTACHMENTS:
1. Resolution_2024-104__Willdan (2) ejp.docx
2. C00608_Willdan_Amendment_No.4_Building__Safety_Plan_Check.docx
3. ATTACHMENT NO. 1 - Resolution 2019-122_2019-09-24.pdf
4. CC Resolution No. 2022-009.pdf
5. CC Resolution No. 2023-020.pdf
6. Resolution 2024-037.pdf
7. C00608 WILLDAN ENGINEERING.pdf
8. Amendment No.1.pdf
9. Amendment No.2.pdf
10. Amendment No.3.pdf
662
Resolution 2024-104