TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Jim DellaLonga, Director of Economic Development
SUBJECT: Consideration and possible action to authorize the City Manager to execute Amendment No. 11 to Agreement File No. 464.1, in a form approved by the City Attorney, between the City of Bellflower, acting as the Successor Housing Agency to the Dissolved Bellflower Redevelopment Agency and Kingdom Causes Bellflower to renew the Homeless Prevention and Rapid Re-Housing Services for Fiscal Year 2024-2025.
DATE: July 8, 2024
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Amendment No. 11 to Agreement File No. 464.1 with Kingdom Causes Bellflower (KCB). The purpose of this Amendment is to renew the Agreement with KCB for Fiscal Year (FY) 2024-2025 to continue providing Homeless Prevention and Rapid Re-Housing Services for residents.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 11 to Agreement File No. 464.1, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The total compensation to be paid to KCB under Amendment No. 11 is an amount not to exceed $162,500 in FY 2024-2025. Sufficient funds for these services have already been budgeted in Account No. 974-44802-7322 using the City of Bellflower Successor Housing Agency’s Low- and Moderate-Income Housing Asset Funds (LMIHAF).
DISCUSSION
On December 14, 2015, the City approved Agreement File No. 464.1 to fund the City’s Homeless Prevention and Rapid Re-housing Program (HPRP) with Our Place Housing Solutions, now merged and operating under Kingdom Causes Bellflower (KCB). Since then, AFN 464.1 has been renewed annually to continue providing various forms of assistance and services to prevent households from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. 14-B
o“ 01: BELLFLO
“ s a
"o ROWING TOGETk‘YFS t f t
Staff Report – Amendment No. 11 to Agreement File No. 464.1 Kingdom Causes Bellflower
July 8, 2024
DISCUSSION – Continued
Assistance under the HPRP may include rental vouchers, mediation services, housing searches, credit counseling/repair, and related costs for eligible extremely low-income and at-risk homeless populations.
Since its inception in 2016, the HPRP has assisted approximately 180 families or individuals in the City with housing-related services and short-term rental assistance.
During the current fiscal year, 30 households have been assisted in increasing their housing stability to avoid homelessness. Of the 30 households that received assistance, twelve of those households have received rental vouchers.
In FY 2023-2024, KCB is expecting to exhaust the total funds allocated by the City of Bellflower Successor Housing Agency’s LMIHAF to help Bellflower residents avoid homelessness. KCB informed staff that they anticipate using all of the funding for FY 2024-2025 as well. The FY 2024-2025 HPRP is below:
Program Budget for Fiscal Year 2024-2025
$162,500 LMIHAF Breakdown
Administration (KCB) $16,250
Case Management (KCB) $55,000
Rental Assistance Funds (KCB) $91,250
Total: $162,500
ATTACHMENT
Amendment No. 11 to Agreement File No. 464.1 ............................................................ 3
AMENDMENT NO. 11 TO
AGREEMENT FILE NO. 464.1 BETWEEN
THE CITY OF BELLFLOWER ACTING AS THE SUCCESSOR HOUSING AGENCY
TO THE DISSOLVED BELLFLOWER REDEVELOPMENT AGENCY AND
KINGDOM CAUSES BELLFLOWER
FOR HOMELESS PREVENTION AND RAPID RE-HOUSING SERVICES
THIS AMENDMENT No. 11 (“Amendment”) is made and entered into this 8th day of July 2024, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation, acting on behalf of the SUCCESSOR HOUSING AGENCY TO THE DISSOLVED BELLFLOWER REDEVELOPMENT AGENCY (“SHA”), and KINGDOM CAUSES BELLFLOWER, a California non-profit corporation (“AGENCY”).
The parties agree as follows:
1. Pursuant to Section 29 of Agreement File No. 464.1 (“Agreement”), Section 2 is amended in its entirety to read as follows:
“The program and/or services to be provided by AGENCY under this Amendment must commence on July 1, 2024, and must be completed no later than June 30, 2024.
This Amendment does not reimburse any expenditure made after the completion date without written authorization to extend the contract. Notwithstanding any provision contained herein to the contrary, this Amendment will remain in effect during any period of time that AGENCY has control over Low and Moderate Income Housing Asset Funds (LMIHAF).
Unless amended by mutual written agreement of the SHA and the AGENCY, the AGENCY will perform the described tasks in conformance with the schedule below:
Task Due Date
12 Progress Reports (Monthly) 15th Day of the Month
(July through June)
2. Section 3, Paragraph 1 is amended to read:
“It is expressly agreed and understood that the total amount to be paid by SHA under this Agreement will not exceed One Hundred Sixty-two Thousand Five Hundred dollars ($162,500) in Fiscal Year 2024-2025 using LMIHAF. This payment will constitute full and complete compensation for AGENCY services under this Agreement. For the purpose of this Agreement, SHA will disburse the LMIHAF and monitor AGENCY’S performance in satisfying the Scope of Services under the terms of this Agreement.”
3. Section 4 Paragraph 1 is amended to read:
“Monthly Performance Reports must be submitted by AGENCY corresponding to the months of the Agreement year. For each fiscal year, twelve performance reports are required (July through June). A complete Monthly Performance Report must be received by the SHA within 15 days after the end of each month.”
City of Bellflower Successor Housing Agency
Amendment No. 10 to Agreement File No. 464.1
Kingdom Causes Bellflower
4. The attached Exhibit “A,” which is incorporated by reference, supersedes Exhibit A to the Agreement.
5. The attached Exhibit “B,” which is incorporated by reference, supersedes Exhibit B to the Agreement.
6. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
7. This Amendment may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
8. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 464.1 remain the same.
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written.
CITY OF BELLFLOWER KINGDOM CAUSES BELLFLOWER
___________________________ ____________________________ Ryan Smoot, Andrew San Nicolas,
City Manager Executive Director
ATTEST: Taxpayer ID No. 95-4849998
___________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
ATTACHMENTS:
Exhibit A: Insurance Requirements
Exhibit B: Extremely Low-Income Rental Assistance / Homeless Prevention and Rapid Re-Housing Services Guidelines FY 2024-2025
AGREEMENT FILE NO. 464.1
EXHIBIT A
INSURANCE REQUIREMENTS
Prior to the beginning of and throughout the duration of the Work, AGENCY will maintain insurance in conformance with the requirements set forth below. AGENCY will use existing coverage to comply with these requirements. If that existing coverage does not meet the requirements set forth here, AGENCY agrees to amend, supplement or endorse the existing coverage to do so. AGENCY acknowledges that the insurance coverage and policy limits set forth in this Section constitute the minimum amount of coverage required. Any insurance proceeds available to City in excess of the limits and coverage required in this Agreement and which is applicable to a given loss, will be available to City.
AGENCY shall provide the following types and amounts of insurance:
Commercial General Liability Insurance using Insurance Services Office "Commercial General Liability" policy form CG 00 01 or the exact equivalent. Defense costs must be paid in addition to limits. There shall be no cross-liability for claims or suits by one insured against another. Limits are subject to review but in no event less than $2,000,000 (Two Million Dollars) per occurrence.
Workers' Compensation on a State-approved policy f orm providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 (one Million) per accident or disease.
Insurance procured pursuant to these requirements shall be written by insurers that are admitted carriers in the State of California and with an A.M. Best rating of A - or better and a minimum financial size VII.
General conditions pertaining to provisions of insurance coverage by AGENCY.
AGENCY and City agree to the following with respect to insurance provided by AGENCY:
1. AGENCY agrees to have its insurer endorse the third-party general liability coverage required herein to include as additional insured City, its officers, employees and agents, using standard ISO endorsement No. CG 20 10 with an edition prior to 1992.
AGENCY also agrees to require all contractors, and subcontractors to do likewise.
2. No liability Insurance coverage provided to comply with this Agreement shall prohibit AGENCY, or AGENCY's employees, or agents, from waiving the right of subrogation prior to a loss. AGENCY agrees to waive subrogation rights against City regardless of the applicability of any insurance proceeds, and to require all AGENCYs arid sub-AGENCYs to do likewise.
3. All insurance coverage and limits provided by AGENCY and available or applicable to this Agreement are intended to apply to the full extent of the policies.
Nothing contained in this Agreement or any other Agreement relating to the City or its operations limits the application of such insurance coverage.
City of Bellflower
Agreement File No. 464.1- Exhibit A
4. None of the coverage required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to City and approved of in writing.
5. No liability policy shall contain any provision or definition that would serve to eliminate so called "third party action over" claims, including any exclusion for bodily injury to an employee of the insured or of any AGENCY or sub-AGENCY.
6. All coverage types and limits required are subject to approval, modification and additional requirements by the City, as the need arises. AGENCY shall not make any reductions in scope of coverage (e.g. elimination of contractual liability or reduction of discovery period) that may affect City's protection without City's prior written consent.
7. Proof of compliance with these insurance requirements, consisting of certificates of insurance evidencing all of the coverage required and an additional insured endorsement to AGENCY's general liability policy, shall be delivered to the City Clerk at or prior to the execution of this Agreement. In the event such proof of any insurance is not delivered as required, or in the event such insurance is canceled at any time and no replacement coverage is provided, City has the right, but not the duty, to obtain any insurance it deems necessary to protect its interests under this or any other Agreement and to pay the premium. Any premium so paid by City shall be charged to and promptly paid by AGENCY or deducted from sums due AGENCY, at City's option.
8. Certificate(s) are to reflect that the insurer will provide 30 days' notice to City of any cancellation of coverage. AGENCY agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, or that any party will "endeavor" (as opposed to being required) to comply with the requirements of the certificate.
9. It is acknowledged by the parties of this Agreement that all insurance coverage required to be provided by AGENCY or any sub-AGENCY, is intended to apply first and on a primary, non-contributing basis in relation to any other insurance or self- insurance available to City.
10. AGENCY agrees to ensure that sub-AGENCYs, and any other party involved with the project who is brought onto or involved in the project by AGENCY, provide the same minimum insurance coverage required of AGENCY. AGENCY agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. AGENCY agrees that upon request, all Agreements with sub-AGENCYs and others engaged in the project will be submitted to City for review.
11. AGENCY agrees not to self-insure or to use any self-insured retentions or deductibles on any portion of the insurance required herein and further agrees that it will not allow any AGENCY, sub-AGENCY, architect, engineer or other entity or person in any way involved in the performance of work on the project contemplated by this Agreement to self-insure its obligations to City. If AGENCY'·s existing coverage includes a deductible or self-insured retention, the deductible or self-insured retention must be declared to the City. At that time the City shall review options with the AGENCY, which may include reduction or elimination of the deductible or self-insured retention, substitution of other coverage, or other solutions.
City of Bellflower
Agreement File No. 464.1- Exhibit A
12. The City reserves the right at any time during the term of the Contract or Agreement to change the amounts and types of insurance required by giving the AGENCY ninety (90) days' advance notice of such change. If such change results in substantial additional cost to the AGENCY, the City will negotiate additional compensation proportional to the increased benefit to City.
13. For purposes of applying insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or towards performance of this Agreement.
14. AGENCY acknowledges and agrees that any actual or alleged failure on the part of the City to inform AGENCY of non-compliance with any insurance requirement in no way imposes any additional obligations on City nor does it waive any rights hereunder in this or any other regard.
15. AGENCY will renew the required coverage annually as long as City, or its employees or agents face an exposure from operations of any type pursuant to this Agreement. This obligation applies whether or not the Agreement is canceled or terminated for any reason. Termination of this obligation is not effective until City executes a written statement to that effect. ·
16. AGENCY shall provide proof that policies of insurance herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Proof that such coverage has been ordered shall be submitted to the City Clerk prior to expiration. A certificate of insurance and/or additional insured endorsement as required in these specifications applicable to the renewing or new coverage must be provided to ·City within five (5) days of the expiration of the coverage.
17. The provisions of any Workers' Compensation or similar act will not limit the obligations of AGENCY under this Agreement. AGENCY expressly agrees not to use any statutory immunity defenses under such laws with respect to City, its employees, officers, and agents.
18. Requirements of specific coverage features or limits contained in this Section are not intended as limitations on coverage, limits or other requirements nor as a waiver of any coverage normally provided by any given policy. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue, and is not intended by any party or insured to be limiting or all-inclusive.
19. These insurance requirements are intended to be separate and distinct from any other provision in this Agreement and are intended by the parties here to be interpreted as such.
20. The requirements in this Section supersede all sections and provisions of this Agreement to the extent that any other Section or provision conflicts with or impair the provisions of this Section.
City of Bellflower
Agreement File No. 464.1- Exhibit A
21. AGENCY agrees to be responsible for ensuring that no contract used by any party involved in any way with the project reserves the right to charge City or AGENCY for the cost of additional insurance coverage required by this Agreement. Any such provisions are to be deleted with reference to City. It is not the intent of City to reimburse any third party for the cost of complying with these requirements. There shall be no recourse against City for payment of premiums or other amounts with respect thereto.
22. AGENCY agrees to provide immediate notice to City of any loss against AGENCY arising out of the work performed under this Agreement. City assumes no obligation or liability by such notice, but has the right, but not the duty, to monitor the handling of any such claim or claims if they are likely to involve City.
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
EXHIBIT B
Extremely Low to Very Low-Income Rental Assistance Voucher Program and Homeless Prevention and Rapid Re-housing Guidelines
The SHA is committed to providing opportunities for housing to residents within the City of Bellflower that meet low-income eligibility requirements. The SHA will use Low and Moderate Income Housing Asset Funds (LMIHAF) to provide rental assistance to households that meet the definition of extremely to very low-income by providing Homeless Prevention and Rapid Rehousing assistance. The following provides some basic guidelines for the programs. The SHA reserves the right to change and or alter program guidelines and procedures as necessary to best meet the needs of the community.
These programs comply with Title VI of the Civil Rights Act of 1964, as amended by the Housing and Community Development Act of 1977, Title VII of the Civil Rights Act of 1968; Executive Order 1103, the Housing Financial Discrimination Act of 1977, and all rules, regulations and requirements pursuant thereto. No person will be refused participation or denied benefits in any of the programs because of race, sex, religion, national origin, sexual orientation or handicap.
1. Homeless Prevention and Rapid Rehousing Program Financial Assistance and Services
The Homelessness Prevention and Rapid Re-Housing Program (HPRP) will provide financial assistance and services to prevent Bellflower households at risk of homelessness from becoming homeless and help those who are experiencing homelessness to be quickly re-housed and stabilized. The SHA will partner with the Agency in order to administer the program. Agency will work closely with the SHA in administering this program. The following are eligible expenses under this program:
• One time payment of past due rent so that tenants may remain living in their unit located in the City of Bellflower. Such rental assistance may not exceed $2,500 per applicant. Agency must verify reason for the unpaid rent, the ability of the tenant to resume payment of regular rent without further assistance, and verify that the unit is a legal dwelling before making a past due rent payment. • Housing relocation and stabilization services
• Housing search
• Mediation
• Outreach
• Credit counseling/repair
• Security and utility deposits
• Utility payments
• Moving cost assistance
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
For short-term rental assistance: housing relocation and stabilization services, credit counseling/repair, security and utility deposits, utility payments, and moving cost assistance eligibility must be established with the applicant. Income must be documented showing household is extremely-low to very low-income (up to 50% AMI). Please refer to the income guidelines provided below. Income guidelines for households are updated annually using limits published yearly by the California Department of Housing and Community Development (HCD).
Agency must submit monthly to the SHA a proof of eligibility (“monthly report”) of all applicants receiving assistance in the previous month. The monthly report must provide a copy of the above referenced documents, as well as copies of income documentation proving household eligibility. SHA will notify in writing, within 30 days of receipt of monthly report, any applicants that are deemed ineligible and why. Agency will have to return to SHA any amount that was provided to an applicant that was deemed ineligible. The returned funds will be re-applied to the program, and Agency will be able to use the funds to assist a new eligible household.
For mediation and outreach services, Agency is required to provide monthly numbers of homeless and households at risk of being homeless that were contacted during the reporting period. When possible, the report should include the name, ethnicity, and location of the person when outreach and mediation services. If those who receive the mediation and outreach services refuse to provide their name and ethnicity, the location where the outreach took place and the count of the individuals/households contacted should be provided. When the outreach and mediation services are provided through SHA, then the City of Bellflower should provide the above information to Agency at the end of each quarter, and Agency will include the information in the report submitted to SHA.
Los Angeles County, CA
2024 INCOME LIMITS
Household
Size
1 Person
2 Persons
3 Persons
4 Persons
5 Persons
6 Persons
7 Persons
8 Persons
Low –
Income
51% - 80%
$77,700
$88,800
$99,900
$110,950
$119,850
$128,750
$137,600
$146,500
Very Low-
Income
31% - 50%
$48,500
$55,450
$62,400
$69,350
$74,900
$80,450
$86,000
$91,550
Extremely-
Low –
Income
<30%
$29,150
$33,300
$37,450
$41,600
$44,950
$48,300
$51,600
$54,950
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
2. Extremely to Very Low-Income Rental Assistance Voucher Program
The Extremely to Very Low-Income Rental Assistance Voucher Program (also referred to as medium-term rental assistance) will assist extremely low to very low-income households with a monthly subsidy (for up to 12 months) to help them secure affordable, decent, safe, and sanitary housing in the private market. Participants are able to find their own housing, including single-family homes, townhomes, and apartments. Participants must rent a unit that meets the following requirements:
• Adequate space and security requirements specify the presence of a living room, kitchen area and bathroom. In addition, one (1) sleeping room (or living/sleeping room) for each two (2) persons is required.
• Sanitary requirements specify a private indoor toilet, hot and cold running water, a bathtub or shower, a fixed basin, and at least one (1) window that opens or other adequate exhaust ventilation.
• Kitchens must have a sink with hot and cold running water, adequate storage, preparation and serving space, and disposal facilities for garbage. Stove and refrigerator may be placed in unit at owner's option.
• Proper ventilation and heating facilities are necessary. Gas and oil room heaters that are not vented properly are unacceptable.
• At least two (2) electrical outlets are required in each room. Living and sleeping rooms shall include at least one (1) window and a ceiling or wall light in kitchen and bathroom. • The unit must be structurally sound with no severe defects. The approaches to the unit must not present a danger of tripping, and elevators must be in a safe operating condition.
• The interior must be free of all dangerous pollutants, such as carbon monoxide, sewer gas, fuel gas, and dust.
• There must be an approved safe water supply.
• The owner must advise the tenant whether the building was constructed before 1950.
This is to inform the tenant on the hazards of lead-based paint poisoning. • Access to the unit must not be through unauthorized use of other private properties.
In addition, the building must provide an alternate means of exit in case of fire. • The site and neighborhood must not be subject to serious adverse environmental conditions (e.g., flood, fire, disturbing noise, vermin or rodent infestation, sewage hazards, excess accumulation of trash).
• In congregate housing, the same requirement applies, expect for the requirement for a separate kitchen in each unit.
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
Before providing any assistance, Agency must certify the unit was inspected and meets the minimum qualifications listed above. Thereafter, if a subsidy is provided beyond 12 months, the units must be inspected annually to ensure compliance to the qualifications listed above. A certification by Agency must be provided to the SHA at initial qualification and each year thereafter.
In addition to finding a qualified unit, the household applying for assistance must meet the qualifications as an extremely low to very low-income household. Applicants must submit an application indicating name and ethnicity of all persons that will occupy the household; identify all persons that will occupy the residence (names of all persons, and ages of minors) and number of bedrooms looking to rent (or currently renting). In addition to the application, the household must provide income documentation for all working persons in the household. For any students, proof of fulltime enrollment in college must be presented if the student also has a source of income, in order to provide the proper reduction of income for the student. Proof of income include records of Medi-Cal, Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or other public assistance or public welfare program. This may be documented by including a copy of the Medi-Cal card, etc., included in each case file. If a client does not participate in one of the above programs, Agency must document income by obtaining copies of pay stubs, third party verification, back account statements, etc. In the event that no income documentation can be provided, an affidavit of no income must be furnished.
Applicants looking for rental subsidies must not rent a unit that would be considered overcrowded for the household size verses the number of bedrooms in the units. The maximum allowance for persons occupying a unit is two (2) persons per bedroom plus one additional person in the common area. For example, a two- bedroom unit could only have a maximum of five (5) persons (2 per bedroom plus one in the common area). A household of 6 would not qualify to rent a 2-bedroom unit.
A rental subsidy will be paid by Agency directly to the landlord for up to 12 months on behalf of the participating household. The household receiving the benefit pays the difference between the actual rent charged by the landlord and the amount subsidized by the program. The maximum amount of subsidy that can be received by any household on a monthly basis is $333. Agency is required to subsidize rent to a minimum of five (5) households who are currently experiencing homelessness in Bellflower during a Fiscal Year. Households can reapply after the twelve month period has expired at the discretion of Agency and only if Agency has sufficient funds.
The applicant and landlord must sign an agreement with Agency. At a minimum the agreement must identify the monthly amount of the subsidy, when the subsidy will begin and the last date of the subsidy. The agreement must state that the subsidy will be paid directly to the landlord by Agency and that the applicant is responsible for paying the additional rent charged by the landlord. The agreement must include the total monthly rent that will be charged to the applicant inclusive of the subsidy. The agreement must state that if for any reason Agency is unable to continue the program, both the landlord and tenant will receive thirty (30) day written notice. The landlord and applicant agree that
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
if Agency is no longer able to continue the subsidy, the applicant is fully responsible for paying the full cost of the rent to the landlord and the landlord cannot hold Agency liable for any rent the tenant is unable to pay either during the subsidize period or any time after the subsidize period ends.
If a household applying for assistance is already under a current lease, the household may apply for a subsidy. Agency would still be required to certify the unit meets the qualifications listed above. The household would need to meet the qualifications as an extremely to very low-income household and the unit already leased must not be considered overcrowded. The applicant and landlord would be required to sign an agreement indicating all of the conditions outlined for the minimum requirements of the agreement.
Agency is required to provide copies of leases and agreements, income documentation and a copy of the application indicating household composition to the SHA monthly as proof of eligibility (“monthly report”). SHA will provide written notification of confirmation of applicant’s eligibility or written notification of applicant’s non-eligibility. Agency is required to provide to the SHA copies of leases and agreements signed during the previous month on all eligible applicants already approved by the SHA. The SHA will notify in writing, within 30 days of receipt of monthly report, any applicants that are deemed ineligible and the reason. Agency will have to return to the SHA any amount that was provided to an applicant that was deemed ineligible. The returned funds will be re- applied to the program and Agency will be able to use the funds to assist a new eligible household.
Basic outlines for Agency goals are available below. All monthly reports are due on the 15th of the month after the month ends.
Low and Moderate Income Housing Asset Funds (LMIHAF) Program Guide
Program Budget and Goals
Program Budget for Fiscal Year 2024-2025
$162,500 LMIHAF Funds Breakdown:
$ 16,250 (10%) Administration (Agency)
$ 55,000 (34%) Case Management (Agency)
$ 91,250 (56%) Rental Assistance Funds (Agency)
$162,500 (100%) Per AFN 464.1, Amendment No. 11
Goals
1. Provide Homeless Prevention and Rapid Re-housing Financial Assistance and Services to 40 Extremely and Very Low Income (defined as 30% or less of Area Median income) families/individuals residing in the City by providing housing stability and avoiding homelessness.
2. Provide Extremely to Very Low Income Rental Vouchers Services to 15 Extremely to Very Low Income (defined as 50% or less of Area Median income) families/individuals residing in the City by quickly re-housing those experiencing homelessness.
3. Provide case management services which include outreach and assessment, housing search and stabilization services, mediation, counseling, and monitoring of tenants, as needed, for all potential or current recipients of financial assistance.
AMENDMENT NO. 11 TO
AGREEMENT FILE NO. 464.1 BETWEEN
THE CITY OF BELLFLOWER ACTING AS THE SUCCESSOR HOUSING AGENCY
TO THE DISSOLVED BELLFLOWER REDEVELOPMENT AGENCY AND
KINGDOM CAUSES BELLFLOWER
FOR HOMELESS PREVENTION AND RAPID RE-HOUSING SERVICES
THIS AMENDMENT No. 11 (“Amendment”) is made and entered into this 8th day of July 2024, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation, acting on behalf of the SUCCESSOR HOUSING AGENCY TO THE DISSOLVED BELLFLOWER REDEVELOPMENT AGENCY (“SHA”), and KINGDOM CAUSES BELLFLOWER, a California non-profit corporation (“AGENCY”).
The parties agree as follows:
1. Pursuant to Section 29 of Agreement File No. 464.1 (“Agreement”), Section 2 is amended in its entirety to read as follows:
“The program and/or services to be provided by AGENCY under this Amendment must commence on July 1, 2024, and must be completed no later than June 30, 2024 2025. This Amendment does not reimburse any expenditure made after the completion date without written authorization to extend the contract. Notwithstanding any provision contained herein to the contrary, this Amendment will remain in effect during any period of time that AGENCY has control over Low and Moderate Income Housing Asset Funds (LMIHAF).
Unless amended by mutual written agreement of the SHA and the AGENCY, the AGENCY will perform the described tasks in conformance with the schedule below:
Task Due Date
12 Progress Reports (Monthly) 15th Day of the Month
(July through June)
2. Section 3, Paragraph 1 is amended to read:
“It is expressly agreed and understood that the total amount to be paid by SHA under this Agreement will not exceed One Hundred Sixty-two Thousand Five Hundred dollars ($162,500) in Fiscal Year 2024-2025 using LMIHAF. This payment will constitute full and complete compensation for AGENCY services under this Agreement. For the purpose of this Agreement, SHA will disburse the LMIHAF and monitor AGENCY’S performance in satisfying the Scope of Services under the terms of this Agreement.”
3. Section 4 Paragraph 1 is amended to read:
“Monthly Performance Reports must be submitted by AGENCY corresponding to the months of the Agreement year. For each fiscal year, twelve performance reports are required (July through June). A complete Monthly Performance Report must be received by the SHA within 15 days after the end of each month.”
SUPPLEMENTAL MATERIAL
ITEM NO. 14-B
City of Bellflower Successor Housing Agency
Amendment No. 10 11 to Agreement File No. 464.1
Kingdom Causes Bellflower
4. The attached Exhibit “A,” which is incorporated by reference, supersedes Exhibit A to the Agreement.
5. The attached Exhibit “B,” which is incorporated by reference, supersedes Exhibit B to the Agreement.
6. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
7. This Amendment may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
8. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 464.1 remain the same.
IN WITNESS WHEREOF the parties hereto have executed this Amendment the day and year first hereinabove written.
CITY OF BELLFLOWER KINGDOM CAUSES BELLFLOWER
___________________________ ____________________________ Ryan Smoot, Andrew San Nicolas,
City Manager Executive Director
ATTEST: Taxpayer ID No. 95-4849998
___________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
ATTACHMENTS:
Exhibit A: Insurance Requirements
Exhibit B: Extremely Low-Income Rental Assistance / Homeless Prevention and Rapid Re-Housing Services Guidelines FY 2024-2025
14-C
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Wangsu Lee, Management Analyst
SUBJECT:Consideration and possible action to authorize the City Manager to execute Amendment No. 4 to Agreement File No. 777, in a form approved by the City Attorney, with Thermal Concepts, Inc.
DATE:July 8, 2024
EXECUTIVE SUMMARY
This action would authorize the City Manager to execute Amendment No. 4 to Agreement File No. 777 (“Agreement”) with Thermal Concepts, Inc. (“Contractor”) to increase the not-to-exceed amount from $60,000 to $120,000 per year for air conditioning maintenance services.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager to execute Amendment No. 4 to Agreement File No. 777, in a form approved by the City Attorney; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
Amendment No. 4 will add $60,000 to Agreement File No. 777, for a total not-to-exceed amount of $120,000 per year. Funds for the air conditioning maintenance services are budgeted in the respective building and grounds maintenance accounts for each facility.
DISCUSSION
On November 17, 2017, the City entered into Agreement File No. 777 with Thermal Concepts, Inc. for air conditioning maintenance services. Per the Agreement, the payment to Contractor for services is not to exceed $60,000 per year; however, due to the increase in labor and materials along with the unforeseen maintenance in various air conditioning units throughout City facilities, $60,000 per year is no longer sufficient to ensure the safety and efficiency of the City-owned air conditioning units. Staff estimates that a not-to-exceed amount of $120,000 per year is sufficient to meet scheduled maintenance of the City-owned air conditioning along with additional services that may be required to ensure safe and efficient functioning of the City-owned air condition units.
ATTACHMENT
Amendment No. 4 to AFN 777 ........................................................................................ 2 -1-
1: BELLF
X14 0 Low/8Q
0 €~ ROWING T061379?”
«In stafteport
AMENDMENT NO. 4 TO
AGREEMENT FILE NO. 777 BETWEEN
THE CITY OF BELLFLOWER AND
THERMAL CONCEPTS, INC.
FOR AIR CONDITIONING MAINTENANCE SERVICES
THIS AMENDMENT No. 4 (“Amendment”) is made and entered into this 8th day of July 2024, by and between the CITY OF BELLFLOWER, a general law city and municipal corporation (“CITY”), and THERMAL CONCEPTS, INC., a California corporation (“CONTRACTOR”).
SECTION 1. Pursuant to Section 20 (“AUTHORITY/MODIFICATION”) of Agreement File No. 777 (“Agreement”), Section 1.C. (“CONSIDERATION”) is amended to read as follows:
“1. C.CONSIDERATION.As additional consideration, CITY agrees to pay CONTRACTOR for CONTRACTOR’s services not to exceed an annual total of $120,000 for the work. City will pay for work on the basis of hourly rates and cost reimbursement rates as specified in the attached Exhibit ‘B,’ which is incorporated by reference.”
SECTION 2. Exhibit B (“Fee Schedule”) is replaced with the attached Exhibit B.
SECTION 3. This Amendment may be executed in any number or counterparts, each of which will be an original, but all of which together constitutes one instrument executed on the same date.
SECTION 4.ELECTRONIC SIGNATURES. This Agreement may be executed by the Parties on any number of separate counterparts, and all such counterparts so executed constitute one agreement binding on all the Parties notwithstanding that all the Parties are not signatories to the same counterpart. In accordance with Government Code §16.5, the Parties agree that this Agreement, agreements ancillary to this Agreement, and related documents to be entered into in connection with this Agreement will be considered signed when the signature of a party is delivered by electronic transmission.
Such electronic signature will be treated in all respects as having the same effect as an original signature.
SECTION 5. Except as modified by this Amendment, all other terms and conditions of Agreement File No. 777 remain the same.
[SIGNATURES ON NEXT PAGE]
-2-
City of Bellflower
Agreement File No. 777 - Amendment No. 4
Thermal Concepts, Inc.
IN WITNESS WHEREOF, the parties hereto have executed this contract the day and year first hereinabove written.
CITY OF BELLFLOWER THERMAL CONCEPTS, INC.
_________________________________________________________ Ryan Smoot, City Manager Joey Salgado, President
ATTEST:
_____________________________
Mayra Ochiqui, City Clerk
APPROVED AS TO FORM:
_____________________________
Karl H. Berger, City Attorney Taxpayer ID No. 71-1043751 ATTACHMENT:
Exhibit B – Fee Schedule
-3-
CITY OF BELLFLOWER
AGREEMENT FILE NO. 777
EXHIBIT B – FEE SCHEDULE
Payment to CONTRACTOR for the Services described in Exhibit A will be as follows:
Fixed Fees:
Routine Air Conditioning Maintenance Services (4 per year) - ($37,640.00/year) ($9,410.00 per Quarter)
On Hourly Basis:
Additional Services (As Requested by Public Works) - ($82,360.00/year) Additional services including emergency responses or assignments requested by CITY’s Public Works Director will be performed by CONTRACTOR. Payment for such additional services will be based upon the following hourly rates:
Regular Rate (Normal Business Hours) ......................................................... ($136/hour) Afterhours/Overtime Rate ............................................................................... ($240/hour) Holiday/Double Time Rate ............................................................................. ($272/hour) Vehicle/Truck Charge .................................................................... ($125/technician/hour) Total Payment ........................................................................................ ($120,000/year) -4-
14-D
TO: Honorable Mayor and Members of the City Council
ATTENTION: Ryan Smoot, City Manager
FROM: Mayra Ochiqui, City Clerk
SUBJECT: Consideration and possible action to approve the Minutes of the June 24, 2024, Regular Meeting of the City Council.
DATE: July 8, 2024
EXECUTIVE SUMMARY
None
RECOMMENDATION TO CITY COUNCIL
1) Approve the June 24, 2024, Regular Meeting Minutes; or
2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
None
ATTACHMENT
Minutes of the June 24, 2024, Regular Meeting… ...................... ………………………… 2
01: 135141.110“?
4? {:4 # Staft'eport o $— ROMNG 1-c)<3‘éi‘""g
REGULAR MEETING OF THE BELLFLOWER CITY COUNCIL
MONDAY, JUNE 24, 2024
BELLFLOWER CITY HALL – COUNCIL CHAMBERS
5:30 P.M. CLOSED SESSION / 7:00 P.M. OPEN SESSION
5:30 P.M. – CLOSED SESSION
1 CALL TO ORDER
Mayor Koops called the Regular Meeting to order at 5:32 p.m. in the Council Chambers at Bellflower City Hall, 16600 Civic Center Drive, Bellflower.
2 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
3 RECESS TO CLOSED SESSION
For the record, City Manager Smoot read the title of the Closed Session item.
For the record, with regard to Item 3-A (Initiation of Litigation), Mayor Koops announced that at the October 23, 2023, Regular City Council Meeting, Mayor Pro Tem Dunton, Council Member Morse, and he declared that they had property conflicts regarding this matter, lots were drawn, and it was determined that he would participate in all future discussions regarding the matter.
There being no one from the public in attendance, without objection, Mayor Koops recessed the Meeting at 5:34 p.m. to a Closed Session regarding:
A CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION - GOVERNMENT CODE § 54956.9(d)(4). Number of Cases: One. Potential defendant and property listed below is not required by applicable law; voluntarily disclosed:
1. DGSG Investment Properties, LLC; 17617-17639 Bellflower Boulevard
01: BELLFLO cflfi “’5‘?
a, ..
0' ‘ROWING mfiwflg'
Bellflower City Council Minutes Item No. 3
June 24, 2024 Page 2 of 8
3 RECESS TO CLOSED SESSION – Continued
For the record, Closed Session adjourned at 6:19 p.m.
4 RECONVENE FOR OPEN SESSION
Mayor Koops reconvened the Meeting at 7:02 p.m. with all members present and announced that no reportable action was taken during Closed Session.
7:00 P.M. – OPEN SESSION
5 CALL TO ORDER
Mayor Koops called the Open Session of the Regular City Council Meeting to order at 7:02 p.m.
6 ROLL CALL
The following members of the City Council responded present to roll call:
Mayor Dan Koops
Mayor Pro Tem Ray Dunton
Council Member Wendi Morse
Council Member Victor A. Sanchez
Council Member Sonny R. Santa Ines
Staff Participants:
Ryan Smoot, City Manager
Karl H. Berger, City Attorney
Mayra Ochiqui, City Clerk
Len Gorecki, Assistant City Manager/Director of Public Works Travis Sais, Deputy City Manager
Brian McNerney, Interim Director of Public Safety
Dakota Wallace, Management Assistant
7 INVOCATION
Mayor Pro Tem Ray Dunton offered the Invocation.
8 PLEDGE OF ALLEGIANCE
Director of Economic Development Jim DellaLonga led the assembly in the Pledge of Allegiance.
Bellflower City Council Minutes Item No. 9-A
June 24, 2024 Page 3 of 8
9-A CITY COUNCIL ANNOUNCEMENTS
Mayor Koops provided details relative to the Small Business Kiosk Program with applications for Kiosk C accepted through June 27, 2024.
Mayor Pro Tem Dunton provided details relative to the City’s illegal firework enforcement policy, noting the upcoming Fourth of July Season.
Council Member Santa Ines provided details relative to the Parks & Recreation Department’s “Summer Streetfest,” noting that the next event will be held on June 27, 2024, in Downtown Bellflower.
Council Member Morse provided details relative to the Chamber of Commerce’s next Monthly Morning Mingle to be held on June 25, 2024.
Council Member Sanchez provided details relative to the Service Corps of Retired Executives (SCORE) business workshop to be held on June 27, 2024, at Ironfire Workspaces.
10 PUBLIC COMMENTS
Toni Veltri, resident, expressed public safety concerns in the vicinity of Bellflower High School, including 1) cars parking on the street on the weekend due to soccer games at the school, noting that this causes a line of sight issue on Hayford Avenue and McNab Avenue; 2) a transient that parks and leaves his motorhome unattended on McNab Avenue and Ron Yary Way; and 3) asked what the City is doing to alleviate the mail theft issue in the area.
In response to comments provided by Toni Veltri, 1) Mayor Koops suggested she speak with Interim Director of Public Safety McNerney to look into the parking issues; 2) Mayor Pro Tem Dunton explained that mail theft is a federal issue, further stating that he now sends his mail to the Cerritos Post Office; and 3) Council Member Morse informed the public that they can call the United States Postal Service Office of Inspector General to report theft.
John Butts, resident, 1) expressed dissatisfaction with the three-minute limit for public comments; 2) reiterated that parking in the vicinity of Bellflower High School is an issue, further expressing dissatisfaction with the Bellflower Substation and Los Angeles County Sheriff Department’s lack of enforcement in the area; 3) expressed the opinion that the City’s homeless situation is out of hand and suggested the City allow the homeless to camp and park their vehicles at a City park to assist with getting them off of the street; 4) expressed the opinion that the Sheriff’s Department is not doing anything to alleviate the homeless issue; and 5) expressed the opinion that if the homeless issue is not resolved, the demographics of the City will change and the homeless will “go away to another place.”
11 PUBLIC HEARINGS
None
Bellflower City Council Minutes Item No. 12
June 24, 2024 Page 4 of 8
12 ORDINANCES AND RESOLUTIONS FOR CONSIDERATION
None
13 CONSIDERATION ITEMS
A Consideration and possible action to approve Amendment No. 3 to the Revised and Restated Franchise Agreement File No. 399.2 with CR&R for Solid Waste Management Services (the “Franchise Agreement”) and approve the Notice of Public Hearing for proposed adjustments to the maximum rates for solid waste collection services charged by CR&R Incorporated for a five-year period commencing on September 1, 2024.
City Manager Smoot introduced the item.
Assistant City Manager/Director of Public Works Gorecki 1) gave a PowerPoint presentation of the Staff Report; and 2) along with City Manager Smoot, responded to Council Members’ questions.
Mayor Koops requested and received clarification from Assistant City Manager/Director Gorecki who 1) confirmed that CR&R is proposing no rate increase for residential accounts through August 31, 2025; and 2) clarified that the Consumer Price Index (CPI) will be utilized to establish future increases to the annual Franchise Fee with a maximum rate increase of 5% for any given year, noting that this is in accordance with surrounding cities.
For the record, and without objection, Council Member Sanchez 1) requested and received confirmation from Assistant City Manager/Director Gorecki that the new CR&R two-person bulky item pick-up crew will be in addition to the pre-scheduled pick-up service provided to customers; and 2) requested that the cleanup of graffitied trash cans in a timely manner be included in the proposed Amendment.
Mayor Pro Tem Dunton requested and received clarification from Assistant City Manager/Director Gorecki who 1) clarified that the annual fee of $200,000 paid by CR&R is already built into the rate structure, but will now be used for infrastructure improvements to the City parking lot trash enclosures, as required by the State of California; and 2) explained that the Proposition 218 Notice of Public Hearing is to propose a rate increase for commercial accounts starting September 1, 2024, as well as an adjustment to the maximum rates for commercial and residential accounts for the next five years.
Council Member Santa Ines requested and received clarification from Assistant City Manager/Director Gorecki who 1) confirmed that if Proposition 218 fails, the current rates would stay in effect; and 2) explained that if the street sweeper cannot reach the edge of the curb, the driver is expected to get out of the vehicle to push the debris onto the street and then sweep it with the vehicle, further noting that this is already written in the current agreement.
Bellflower City Council Minutes Item No. 13-A
June 24, 2024 Page 5 of 8
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to approve Amendment No. 3 to Agreement File No. 399.2 with CR&R – Continued
For the record, and without objection, Council Member Santa Ines and Mayor Pro Tem Dunton requested an increase in code enforcement or an administrative citation process to ensure that the City is not attracting more illegal dumping or creating a dependence due to the additional bulky item pick-up services that may be implemented.
For the record, Council Member Santa Ines stated that when CR&R’s third bulky item pick-up crew is triggered, he will request a conversation with staff about the recently approved Public Works weekend crew and whether their tasks should be adjusted.
Chrystal Denning, Regional Vice President for CR&R, Inc., addressed the City Council and responded to Council Members’ questions.
In response to comments made by Council Member Sanchez, Council Member Morse and Council Member Sanchez, CR&R Representative Chrystal Denning 1) confirmed that repainting the cans is available in the current agreement and she would ensure drivers make company staff aware when there is a need, as they would like to be more proactive in this area; 2) stated that residential customers will have the option to downsize their cart sizes at reduced rates as of September 1, 2024; and 3) explained that advanced billing is standard in the industry and noted that an additional 30-day grace period has been included.
John Butts, resident, suggested that the City place cameras on the street sweeper vehicles and allow the drivers to issue parking citations instead of having a City employee follow the street sweeper to issue citations.
Berenice Cristerna, resident, 1) questioned how the rates are determined for the City, noting that the proposed rates are not the lowest or the highest compared to the surrounding cities; and 2) explained that piles of “mulch” have been dropped off near the dog park in the past and left for long periods of time, noting that she witnessed employees sitting on their phones instead of working.
In response to comments made by Berenice Cristerna, Assistant City Manager/ Director Gorecki 1) explained that each City has different services and needs which causes a difference in rates; and 2) clarified that the piles referenced are woodchips and confirmed that he will become more aware of when the woodchips are delivered by the City’s vendor, West Coast Arborists, so that they can be spread out sooner.
Guy Bremmer, resident, 1) stated that there is a scheduling conflict on Woodruff Place where CR&R staff takes out twelve dumpsters onto the street on the same day as street sweeping, so the sweeper vehicle has to maneuver around the bins and the street is not cleaned properly; and 2) asked how the situation can be remedied.
Bellflower City Council Minutes Item No. 13-A
June 24, 2024 Page 6 of 8
13 CONSIDERATION ITEMS – Continued
A Consideration and possible action to approve Amendment No. 3 to the Agreement File No. 399.2 with CR&R – Continued
In response to comments made by Guy Bremmer relative to street sweeping on Woodruff Place after the dumpsters are placed on the street, 1) CR&R Representative Denning confirmed that it appears to be a matter of timing and this can be remedied with proper scheduling; and 2) Assistant City Manager/Director Gorecki stated that he was familiar with the area and would send CR&R the location.
At the request of Council Member Sanchez, and without objection, Assistant City Manager/Director Gorecki clarified that the painting of the graffitied cans was an inclusive service, and the recommended action includes the allowance for technical changes.
Following discussion, it was moved by Council Member Santa Ines, seconded by Council Member Morse, and unanimously carried by the following roll call vote, to 1) authorize the City Manager to execute Amendment No. 3 to Agreement File No. 399.2 for solid waste collection services in a form approved by the City Attorney; and 2) approve the Notice of Public Hearing and authorize the City Manager to make technical changes in a form approved by the City Attorney:
AYES: Council Members - Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
B Consideration and possible action to adopt Resolution No. 24-37 – A Resolution authorizing the City Manager to execute an agreement with Los Angeles County for Municipal Law Enforcement Services provided by the Los Angeles County Sheriff’s Department and authorizing budget allocations to pay for such services between July 1, 2024 and June 30, 2029.
City Manager Smoot introduced the item.
Interim Director of Public Safety McNerney 1) gave a PowerPoint presentation of the Staff Report; and 2) along with City Manager Smoot, responded to Council Members’ questions.
For the record, City Manager Smoot stated the Joint Powers Insurance Authority and California Contract Cities Association, as well as a group of City Managers, are continuing to negotiate with Los Angeles County to restructure the current Liability Trust Fund to ensure its long-term viability, further noting that the current structure is unsustainable.
Bellflower City Council Minutes Item No. 13-B
June 24, 2024 Page 7 of 8
13 CONSIDERATION ITEMS – Continued
B Consideration and possible action to adopt Resolution No. 24-37 – Continued
For the record, and for the benefit of the public, Mayor Pro Tem Dunton explained that the contract cities pay into the Liability Trust Fund which is then used to payout settlements against the Los Angeles County Sheriff’s Department.
Berenice Cristerna, resident, questioned 1) if hiring additional staff at the Bellflower Substation would be helpful instead of having an agreement with the Los Angeles County Sheriff’s Department; and 2) why the City did not hire additional patrol when the homeless shelter was built in the City, further expressing the opinion that there has been an increase of crime in the vicinity of the homeless shelter.
In response to comments made by Berenice Cristerna, Council Member Sanchez explained that the City Council approved three additional deputy positions, but they have not been filled by the Los Angeles County Sheriff’s Department due to recruitment issues.
Following discussion, it was moved by Council Member Sanchez, seconded by Council Member Santa Ines, and unanimously carried by the following roll call vote, to 1) adopt Resolution No. 24-37 authorizing the City Manager to execute Agreement File No. 51.41 with Los Angeles County for law enforcement services, in a form approved by the City Attorney; 2) authorize the City Manager to make such budget adjustments that may be necessary to meet the expenses of the law enforcement agreement for the period July 1, 2024 to June 30, 2029; and 3) authorize the City Manager to execute an agreement with Los Angeles County regarding temporary indemnity and distribution of liability in a form approved by the City Attorney and not to exceed a total term of 12 months:
AYES: Council Members - Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
14 CONSENT CALENDAR
For the record, it was moved by Mayor Pro Tem Dunton, seconded by Council Member Sanchez, and unanimously carried by the following roll call vote, to approve the actions stipulated on the Consent Calendar:
AYES: Council Members - Dunton, Morse, Sanchez, Santa Ines, and Mayor Koops
A Consideration and possible action to receive and file Warrant Register No. 24-122, dated June 24, 2024.
Action: Received and filed Warrant Register No. 24-122.
Bellflower City Council Minutes Item No. 14
June 24, 2024 Page 8 of 8
14 CONSENT CALENDAR – Continued
B Consideration and possible action to receive and file Treasurer’s Report for the Month of May 2024.
Action: Received and filed the Treasurer’s Report.
C Consideration and possible action to approve the Minutes of the June 10, 2024, Regular Meeting of the City Council.
Action: Approved the June 10, 2024, Regular Meeting Minutes.
D Consideration and possible action to adopt Resolution No. 24-34 – A Resolution appointing a member and alternate to the governing board of the Los Angeles Gateway Region Integrated Regional Water Management Joint Powers Authority; and superseding Resolution No. 19-67.
Action: Adopted Resolution No. 24-34.
E Consideration and possible action to adopt 1) Resolution No. 24-35 – A Resolution fixing the employer contribution at an equal amount for employees and annuitants under the Public Employees’ Medical and Hospital Care Act (Government Code § 22892); and 2) Resolution No. 24-36 – A Resolution fixing the Employer Contribution under the Public Employees’ Medical and Hospital Care Act (Government Code § 22892).
Action: Adopted Resolution Nos. 24-35 and 24-36.
15 COUNCIL REPORTS
Council Member Morse, Mayor Pro Tem Dunton, Council Member Sanchez, Council Member Santa Ines, and Mayor Koops made various comments and reports.
16 ADJOURNMENT
Without objection, Mayor Koops adjourned the meeting at 9:10 p.m. to the next Regular Meeting of the Bellflower City Council at 5:30 p.m. on Monday, July 8, 2024.
Dan Koops, Mayor
City of Bellflower
ATTEST:
Mayra Ochiqui, City Clerk
Approved: July 8, 2024
14-E
TO:Honorable Mayor and Members of the City Council
ATTENTION:Ryan Smoot, City Manager
FROM:Len Gorecki, Assistant City Manager/Director of Public Works Wangsu Lee, Management Analyst
SUBJECT:Consideration and possible action to authorize the City Manager, or designee, to execute Agreement File No. 1053 with GreenLatinos, in a form approved by the City Attorney, to commence work under the United States Department of Agriculture (“USDA”) Forest Service’s Urban & Community Forestry grant.
DATE:July 8, 2024
EXECUTIVE SUMMARY
The City of Bellflower was selected as a subrecipient for the USDA Inflation Reduction Act Urban & Community Forestry (“USDA IRA UCF”) grant in the amount of $1,000,000.
Prior to the commencement of work, the City must enter into a subrecipient agreement with the designated national pass-through partner – GreenLatinos. As a national pass-through partner for the USDA Forest Service that subawards funding to community-based organizations and local government agencies serving priority communities, GreenLatinos will have administrative and programmatic oversight over the implementation of and compliance with the terms of the grant agreement. Through the cooperative subaward agreement, the City will develop a comprehensive Urban Forestry Management Plan (“UFMP”), plant five hundred (500) new trees in our disadvantaged census tracts, and partner with a Bellflower-based nonprofit organization or social enterprise to maintain the newly planted trees through the grant period. The grant period is through November 30, 2027.
RECOMMENDATION TO CITY COUNCIL
1) Authorize the City Manager, or designee, to execute Agreement File No. 1053 with GreenLatinos, in a form approved by the City Attorney; or 2) Alternatively, discuss and take other action related to this item.
FISCAL IMPACT
The City of Bellflower’s total funding under the USDA IRA UCF grant is $1,000,000 from the effective date of agreement through November 30, 2027. All incurred costs under this grant will be contractual and the funds will be reimbursed to the City by GreenLatinos on a quarterly basis.
-1-
1: BELLF
X14 0 Low/8Q
0 €~ ROWING T061379?”
«In stafteport
Staff Report – Bellflower & GreenLatinos Subrecipient Agreement July 8, 2024
DISCUSSION
The City was selected as a subrecipient for the USDA Inflation Reduction Act Urban & Community Forestry (“USDA IRA UCF”) grant in the amount of $1,000,000. Prior to the commencement of work, the City must enter into a subrecipient agreement with the designated national pass-through partner – GreenLatinos. The subrecipient agreement will allow the City to commence work under the USDA IRA UCF grant and develop a comprehensive UFMP, plant five hundred (500) trees, and partner with a Bellflower-based nonprofit organization to maintain the newly planted trees.
GreenLatinos will provide administrative support and guidance to the City as we develop and implement the grant activities.
The City will start with the development of a UFMP that will result in a strategic document that outlines the vision, goals and actions for managing and enhancing the tree canopy and green spaces throughout the City. The plan will assess the current inventory, provide strategies for maintenance and growth of trees, identify locations where additional trees could be planted and help develop policies to protect and preserve trees. The plan will be put together by a consultant working with City staff and will include community engagement and education. The UFMP will assist in realizing optimal public benefits of trees on the City’s streets, while providing permanent equitable green space accessibility for our residents. The UFMP will take approximately fifteen (15) months to complete.
Upon completion of the UFMP, the City will implement a tree planting program which will include a total of five hundred (500) newly planted trees by the end of the grant term. These newly planted trees will enhance air quality, mitigate climate effects, and improve the visual appeal of our neighborhoods. All newly proposed trees under this grant must be planted in the City’s disadvantaged census tracts as identified by the Climate and Economic Justice Screening Tool (“CEJST”) and the Environmental Protection Agency’s Environmental Justice Screening and Mapping Tool (“EPA EJScreen Tool”). All five hundred (500) proposed tree plants will be strategically placed to ensure equitable accessibility, increased biodiversity, and resilience of the trees as determined by the UFMP. Finally, the City will partner with a Bellflower based nonprofit organization to help maintain the newly planted trees. This partnership will promote expanded collaboration and training within the field of green space maintenance and improve workforce development for low-income Bellflower residents.
This agreement will be governed by the laws of the District of Columbia and the venue for contract disputes will be in Washington D.C. In the event of a contract dispute, the City will need to retain local counsel in Washington D.C.
ATTACHMENT
Agreement File No. 1053, GreenLatinos Subrecipient Agreement .................................. 3 -2-
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 1
GreenLatinos Urban & Community Forestry Program
Subaward Agreement for the City of Bellflower Urban
Forestry Management Plan & Tree Planting and
Maintenance Project
This Subaward Agreement (“Agreement”) is entered into between GreenLatinos, a nonprofit organization duly incorporated pursuant to the laws of the District of Columbia with principal offices at 1919 14 Street, Suite 700, Boulder, CO 80302 (“GreenLatinos”) and the City of Bellflower with its principal offices at 16600 Civic Center Drive, Bellflower CA 90706 (“Subrecipient”). GreenLatinos and Subrecipient may be collectively referred to as “Parties” or each, individually, as a “Party.”
Contacts: Individuals listed below are authorized to act in their respective areas for matters related to this award. Any revision to key personnel identified in this agreement requires notification by the Subrecipient by email to GreenLatinos within 10 business days.
Principal Subaward Contacts:
Len Gorecki, Assistant City Manager/Director of Public Works Telephone: (562) 804-1424 x 2217
Email: [email protected]
Subaward Program Contact:
Wang Su Lee, Management Analyst
9944 Flora Vista, St., Bellflower CA 90706
Telephone: (562) 804 – 1424 x 2244
Email: [email protected]
Subaward Financial Contact:
Gerald Garces, Accountant
Attention: Finance Department
16600 Civic Center Dr. Bellflower CA 90706
Telephone: (562) 804 – 1424 x 2229
Email: [email protected]
-3-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 2
Principal GreenLatinos Contacts:
GreenLatinos Program Contact Subaward Financial Contact Rachna Vas
1919 14th Street, Suite 700
Boulder, CO 80302
Telephone: (202) 677-0991
Email: [email protected]
Joe Toolan
1919 14th Street, Suite 700
Boulder, CO 80302
Telephone: (443) 713-9026
Email: [email protected]
Whereas, the originating source of Federal assistance funds for this Agreement is made under the authority of the Cooperative Forestry Assistance Act, P.L. 95-313 as amended, 16 USC section 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The Federal Assistance Listing (formerly Catalog of Federal Domestic Assistance - CFDA) number and name are 10.727, Inflation Reduction Act Urban & Community Forestry Program.
GreenLatinos’ Award Cooperative Agreement (FAIN) number is 24-CA- 11132544-013, and the originating grant period is December 13, 2023 to November 30, 2028; and
Whereas, the purpose of this Agreement is to outline Parties’ collaborative efforts to develop and implement an urban and community forestry project (“Project”) funded, supported by, and meeting the United States Department of Agriculture (USDA) Forest Service’s Urban and Community Forestry Program guidelines and objectives; and
Whereas, Parties aim to support frontline communities in restoring and expanding urban forest canopy in areas with low tree cover, and engaging residents in community forestry, resulting in (1) increased resilience to heat, flood, and storm events; (2) increased wellness and recreational opportunities; and (3) reductions in greenhouse gas and air quality pollutants in frontline communities across the City of Bellflower representing the census tracts No. 06037553300; No. 06037554101; No. 06037554105; No. 06037554203; No. 06037554204; No. 06037554403 (Per CEJST). Per EPA EJScreen Tool, all census tracts in the City of Bellflower are identified as disadvantaged communities.
-4-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 3
Now, therefore, the Parties do hereby agree as follows:
1. TERM. This Agreement shall govern the performance of the Parties for the period [date] (the “Effective Date”) through November 30, 2027, unless earlier terminated by either party in accordance with the terms of this Agreement (such period of performance, the “Agreement Term”).
2. SCOPE OF WORK AND BUDGET; PRIOR APPROVAL FOR
CHANGES.
a. Scope of Work and Budget. Subrecipient shall, in a
satisfactory manner as determined by GreenLatinos,
perform all activities described in the scope of work as approved by GreenLatinos and attached hereto as
Exhibit A, as may be amended from time to time (the
“Approved Services”) in accordance with the program
budget as approved by GreenLatinos and attached hereto
as Exhibit B, as may be amended from time to time (the
“Approved Budget”).
b. Prior Approval for Changes. Subrecipient may not transfer more than 10% allocated funds among cost categories
within a budgeted program account without the prior
written approval of GreenLatinos nor shall Subrecipient make any changes, directly or indirectly, in program design or in the Approved Services or in the Approved Budget
without the prior written approval of GreenLatinos.
3. ROLES AND RESPONSIBILITIES.
a. GreenLatinos. As a national pass-through partner for the USDA Forest Service that subawards funding to
community-based organizations and local government
agencies serving priority communities, GreenLatinos will have administrative and programmatic oversight over the implementation of and compliance with the terms of this Agreement. GreenLatinos is responsible for:
i. Funding and Payment Processing. GreenLatinos will
provide funding for the project in an amount not to
-5-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 4
exceed $1,000,000 USD. Payment(s) are to be made
on a reimbursable basis according to the Payment
Schedule shown in Exhibit A Table 1. GreenLatinos
will process invoices quarterly.
ii. Invoices. Invoices are to be submitted through
GreenLatinos’ subrecipient portal.
iii. Project Funds. Project funds are to be expended in accordance with the proposed budget, in accordance
with the terms in this Agreement, and fulfilling the
scope of the final and awarded proposal.
iv. Monitoring and Reporting. GreenLatinos will
supervise and aggregate semi-annual performance
and quarterly reimbursement reports, and will
provide an online portal for Subrecipient to submit
reports.
v. Technical Assistance. GreenLatinos may organize
kick-off and close-out convenings, monthly peer
learning calls, and topic-specific webinars on project
design, reporting and financial assistance, and
community engagement. GreenLatinos will provide
case management and some technical assistance.
Requests for technical assistance, supporting project
implementation, shall be submitted through
GreenLatinos subrecipient’ portal.
b. Community Lead. City of Bellflower, Unique Entity Identifier UEI: PRW9X4N27BG6 serving as the Community Lead for
the City of Bellflower shall have the legal authority to enter into this award, and the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of the proposed project,
which includes funds sufficient to pay the non-Federal
share of project costs, when applicable. Subrecipient is responsible for:
i. Program Participation. Actively participating in
technical assistance activities organized by
-6-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 5
GreenLatinos, including but not limited to kick-off
and close-out convenings, monthly peer learning
calls, topic-specific webinars, training on reporting
and financial assistance, and community
engagement, and submission of technical assistance
requests through GreenLatinos’ online portal.
ii. Project Management and Coordination. Completing
Project deliverables during the designated period of
performance, in accordance with program
requirements.
iii. Finances. Establishing a dedicated account explicitly designated for funds disbursed under this subaward.
Subrecipient is also responsible for submitting
quarterly reimbursement requests tying program
activities to approved budget expenses, to access
grant funding.
iv. Reporting.
1) Quarterly Financial Check-ins and
Reimbursement Reports: Subrecipient shall
submit quarterly reimbursement reports with
reimbursement requests as prescribed by
GreenLatinos throughout the subaward’s
performance period, to be submitted through
GreenLatinos' subrecipient portal. In
accordance with 2 CFR § 200.301, reports must
relate financial data to performance
accomplishments of the federal award.
Quarterly reimbursement reports will be due
on April 10 for Q1 ending on March 31; July 10 for
Q2 ending on June 30; October 10 for Q3
ending on September 30 and January 10 for Q4
ending December 31. There will be informal
quarterly progress check-ins in April and
October where reimbursements and
performance accomplishments will be
discussed. Quantitative and qualitative project
-7-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 6
accomplishments must be reported to the
USFS Impact Reporting Platform. Late reports
will result in withholding of reimbursement
payments.
2) Semi-annual Reports: Subrecipient shall submit
semi-annual reports as prescribed by
GreenLatinos throughout the subaward’s
performance period, to be submitted through
GreenLatinos' subrecipient portal. In
accordance with 2 CFR § 200.301, reports must
relate financial data to performance
accomplishments of the federal award. Semi-
annual reports will be due on November 10th
for the period of May 1 to October 31 and May
10th for the period of November 1 to April 31.
Quantitative and qualitative project
accomplishments must be reported to the
USFS Impact Reporting Platform. Late reports
will result in withholding of reimbursement
payments.
3) Ongoing Reporting: Ongoing project reporting
may include providing GreenLatinos and the
USDA with success stories with brief project
descriptions, outcomes, photographs and
testimonials via the USDA Forest Service
reporting system.
4) Final Deliverables and Report. By February 28,
2028, submitting all substantial products and
outputs, a final reporting form, high resolution
.jpg photographs of project work (by
submitting a photograph Subrecipient
consents to allow GreenLatinos and USDA
Forest Service to use those photographs in
communications and reporting and represents
and warrants that Subrecipient has obtained all
necessary consents, permissions or licenses
-8-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 7
necessary to permit GreenLatinos and USDA
Forest Service to do so), and a detailed record of
project expenditures, including a comparison of
the original proposed budget to award
expenditures.
v. GreenLatinos Communications. Subrecipient shall
actively communicate their project achievements,
impact, and outcomes with the media. Subrecipients
shall work with GreenLatinos and GreenLatinos’
media consultant to promote their projects to the
media. Clear recognition of USDA's support shall be
included in all press releases, digital, and print media.
Subrecipient shall acknowledge GreenLatinos and
the Forest Service support in any publications,
audiovisuals, and electronic media developed as a
result of this award. Follow direction in USDA
Supplemental 2 CFR 415.2. GreenLatinos may provide
plaques and certificates to all sub-awardees to
acknowledge USDA’s support. If plaques and
certificates are provided, they shall be publicly
displayed. Subrecipients may be asked to present
Project outcomes during a GreenLatinos virtual or in
person meeting, if requested.1
4. AWARD AND ADMINISTRATION; COMPLIANCE WITH APPLICABLE LAWS.
a. JUSTICE40. The federal match requirement for this award has been waived under the provision of Public Law 117-169 (Inflation Reduction Act), with the requirement that 100% of work and funding under this subaward must benefit
disadvantaged communities.
b. Compliance with Prime Award and Subaward. Subrecipient shall perform all activities funded by this Agreement in accordance with: (i) the Notice of Prime Award attached
1 This request is subject to GreenLatinos’ communications schedule and is not guaranteed to be made.
-9-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 8
hereto as Exhibit D, including any amendments thereto;
(ii) the Subaward Data attached hereto as Exhibit E,
including any amendments thereto, which provides a
summary of the Federal Subrecipient agreement data that is required by 2 CFR Part 200 – Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards; (iii) the Approved Services attached hereto as Exhibit A; (iv) the Approved Budget attached hereto as Exhibit B, including any amendments thereto; and (v) the applicable additional terms and conditions in Exhibit C (each of (i)-(v) above is hereby incorporated by reference into this Agreement). In addition, Subrecipient shall
cooperate fully with GreenLatinos in its efforts to comply with the requirements of the Notice of Prime Award,
including any amendments thereto.
c. Compliance with Applicable Laws. Subrecipient shall
perform all activities funded by this Agreement in
accordance with all applicable federal, state and local laws, including without limitation laws which regulate the use of funds allocated Cooperative Forestry Assistance Act, P.L. 95- 313 as amended, 16 USC section 2105 and Public Law 117-169, Subtitle D, Section 23003(a). The term “federal, state and local laws” as used in this Agreement shall mean all
applicable statutes, rules, regulations, executive orders, directives or other laws, including all laws as presently in effect and as may be amended or otherwise altered during the Agreement Term, as well as all such laws which may be enacted or otherwise become effective during the
Agreement Term.
d. Collaborative Arrangements. Where permitted by terms of the award and federal law, Subrecipient may enter into
collaborative arrangements with other organizations to
jointly carry out activities with Forest Service funds
available under this award. Subrecipient must obtain
approval in writing from GreenLatinos before entering into any collaborative arrangements using Forest Service funds. -10-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 9
GreenLatinos will not approve any subaward arrangements between Subrecipient and other organizations.
Collaborative arrangements are to be restricted to
contractual agreements as set forth by the procurement
standards in 2 CFR Part 200 Subpart D.
e. Disclosures. Subrecipient must promptly disclose to
GreenLatinos all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.
f. Risk and Receipt of Funding. Subrecipient represents and warrants that, at all times during the Term, it does NOT have active exclusions in the System for Award
Management (sam.gov). Subrecipient’s risk profile must be evaluated in accordance with 2 CFR § 200.332(b) and
deemed favorable, and Subrecipient’s award will be
reported at fsrs.gov in compliance with 2 CFR §170, prior to Subrecipient’s receipt of funds. If the Subrecipient has any active exclusion, it will not be eligible for receipt of funding. g. SAM.GOV Requirement: Subrecipient shall maintain
current organizational information and the original Unique Entity Identifier (UEI) provided for this agreement in the System for Award Management (SAM) until receipt of final payment. This requires annual review and updates, when
needed, of organizational information after the initial registration. More frequent review and updates may be
required for changes in organizational information or
agreement term(s). Any change to the original UEI
provided in this agreement will result in termination of this agreement and de-obligation of any remaining funds. For purposes of this agreement, System for Award
Management (SAM) means the Federal repository into
which an entity must provide information required for the conduct of business as a Cooperative. Additional
information about registration procedures may be found at the SAM Internet site at www.sam.gov .
-11-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 10
h. Debarment and Suspension. Subrecipient shall
immediately inform GreenLatinos if they or any of their principals are presently excluded, debarred, or suspended from entering into covered transactions with the federal government according to the terms of 2 CFR Part 180.
Additionally, should Subrecipient or any of their principals receive a transmittal letter or other official federal notice of debarment or suspension, then they shall notify
GreenLatinos without undue delay. This applies whether the exclusion, debarment, or suspension is voluntary or involuntary. Subrecipient must complete the form AD-
1048, Certification Regarding Debarment, Suspension,
Ineligibility and Voluntary Exclusion, Lower Tier Covered Transactions, attached hereto as Exhibit H.
i. Restrictions on Lobbying. If the Subaward amount exceeds $100,000, Subrecipient shall file the certification required by 49 CFR Part 20, “New Restrictions on Lobbying.” The
subrecipient shall certify that it will not and has not used Federally appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any
federal contract, grant or any other award covered by
31 USC section 1352. Subrecipient shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-federal funds with respect to that Federal contract, grant or award covered by 31 USC section 1352. Such
disclosures shall be forwarded to GreenLatinos.
Subrecipient shall ensure that any
subcontractors/subconsultants under this Agreement shall certify the same. GreenLatinos is responsible for keeping the certification of Subrecipient, who is in turn responsible for keeping the certification forms of
subcontractors/subconsultants (provided, however, that
-12-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 11
nothing in this section shall be construed to permit
Subrecipient to retain or hire
subcontractors/subconsultants without the written
permission of GreenLatinos).
j. Notification. Subrecipient shall notify GreenLatinos within 5 business days of all developments that have a
significant impact on the activities supported under
this award, including but not limited to financial
developments. Also, notification must be given in
case of problems, delays or adverse conditions that
materially impair the ability to meet the objectives of the award. This notification must include a statement
of the action taken or contemplated, and any
assistance needed to resolve the situation.
k. No Funding of Research and Development. This award is not for research and development and the cost of
independent research and development, including their
proportionate share of indirect costs, are unallowable. l. Members of Congress. Pursuant to 41 USC section 22, no member of, or delegate to, Congress shall be admitted to any share or part of this award, or benefits that may arise therefrom, either directly or indirectly.
5. FINANCIAL MANAGEMENT AND ADMINISTRATION.
a. Office of Management and Budget (OMB) Guidance.
Subrecipient is subject to OMB guidance in subparts A
through F of 2 CFR Part 200, as adopted and supplemented by the USDA in 2 CFR Part 400 and must follow regulations found in 2 CFR 200.331 through 2 CFR 200.333. Electronic copies of the CFRs can be found at: ecfr.gov.
b. Use of Award Funds. Award funds and any interest earned on them shall not be used:
i. To carry out propaganda, or otherwise to attempt to
influence legislation (within the meaning of
section 501(c)(3) of the Internal Revenue Code of 1986, -13-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 12
as amended (the “Code”)) or as prohibited by OMB
Circular A-122, section 25 regarding lobbying;
ii. To participate or intervene in any political campaign on behalf of (or in opposition to) any candidate for
public office (within the meaning of section 501(c)(3)
of the Code);
iii. To make any awards to individuals or organizations (unless pre-approved in writing by GreenLatinos).
iv. No part of the Award funds shall be paid to any
GreenLatinos official, and Awardee acknowledges
that no gifts or services were or will be rendered to
GreenLatinos or any GreenLatinos official in exchange
for this Award.
c. Allowable Expenditures. All expenditures made with funds provided under this subaward must be exclusively for
allowable program expenditures incurred during the
period of this subaward.
d. Purchase of Equipment. Subrecipient may not use the
funds received under this Agreement for any purchase of equipment.
e. Single Audit. In accordance with 2 CFR 200 Uniform
Administrative Requirements, Cost Principles and Audit
Requirements, found in section 200.501(a), audit
requirements for federal awards, non-federal entities that expend $750,000 or more in federal awards from all
funding sources during their fiscal year, must agree to have a Single Audit conducted in accordance with
section 200.514 Scope of Audit. Further, section 200.512 requires that the final report for such an audit be
completed within nine months of the entity’s fiscal year end. As a condition of this award, the subrecipient will be required to annually certify if their organization has been subject to the Single Audit requirement according to the above citations. If required, the subrecipient will complete any required Single Audit no later than nine months after the end of the entity’s fiscal year, and will send the Single -14-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 13
Audit report to GreenLatinos within 10 business days of its completion.
f. Election of De Minimis Rate. For the administration of this subaward, GreenLatinos has elected to use the de minimis indirect cost rate of 10% of modified total direct costs (MTDC) as allowed under 2 CFR § 200.414(f). [Each
Subrecipient will be allowed to use their own federally approved indirect rate, cost allocation plan, or the 10% de minimis rate. OR Subrecipient approved indirect rate is [XX]% of direct costs. OR Subrecipient has chosen to waive recovery of indirect costs related to this Project.]
[Subrecipient] hereby elects to waive recovery of indirect costs for this project. WL (Please initial)
6. REPORTING.
a. Financial Status Reporting.
i. Subrecipient is subject to the OMB guidance in
subparts A through F of 2 CFR Part 200, as
adopted and supplemented by the USDA in
2 CFR Part 400 and must follow the regulations
found in 2 CFR 200.331 through 2 CFR 200.333.
ii. All subawards $30,000 or more must be
reported at fsrs.gov in compliance with
2 CFR 170. See Attachment for full text.
iii. All financial and programmatic records and
supporting documents pertinent to this award
must be kept for a period of three years from
the date of submission of the final financial
statement report including expenditures from
this award, per federal regulations. These
records may be subject to an audit by the
federal donor agency, GreenLatinos and/or their
representatives. All records are to be
maintained for the additional duration
necessary to complete an audit and/or resolve
all questions concerning expenditures, unless
-15-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 14
approval has been provided from GreenLatinos
to dispose of records.
iv. If any litigation, claim or audit is started before the expiration of the three-year period, the
records shall be retained until litigation, claims
or audit findings involving the records has been
resolved.
v. Subrecipient is expected to take reasonable
care that systems are in place to ensure funds
expended under this award are used for the
purposes described in the subaward and can be
properly accounted for.
b. Program Performance Reports. The subrecipient shall
perform all actions identified and funded in
application/modification narratives within the
performance period identified in award and submit
Programmatic Reporting as set forth in the Award
Agreement.
7. INSURANCE.
a. Insurance. Subrecipient shall maintain all the following insurance coverage during the period of this subaward:
i. General Liability and Property Damage. With respect
to all operations performed under this Agreement,
Subrecipient shall carry general liability insurance
having all major divisions of coverage including, but
not limited to: Premises - Operations, Products and
Completed Operations, Personal Injury Liability,
Contractual Liability. The policy shall be on an
occurrence form and limits shall not be less than:
$1,000,000 Each Occurrence, $2,000,000 General
Aggregate, $1,000,000 Products/Completed
Operations Aggregate, and $1,000,000 Personal and
Advertising Injury.
-16-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 15
ii. Automotive Liability. The Party shall carry automotive liability insurance covering all motor vehicles,
including hired and non-owned coverage, used in
connection with the Agreement. Limits of coverage
shall not be less than $500,000 combined single limit.
If performance of this Agreement involves
construction, or the transport of persons or
hazardous materials, limits of coverage shall not be
less than $1,000,000 combined single limit. If the
Party does not own or operate motor vehicles, they
must apply for an Automotive Liability Waiver
through GreenLatinos. Should the Party obtain or
begin operating a vehicle they must obtain liability
insurance meeting the requirements above.
iii. Workers Compensation. With respect to all
operations performed, the Party shall carry workers’
compensation insurance in accordance with the laws
of the state in which the Subrecipient is performing
work under this subaward. Subrecipient must
provide written Proof of Insurance to GreenLatinos
within 30 days of the effective date of this Agreement
and annually as requested. If Subrecipient is self-
insured, the Subrecipient must provide written
documentation verifying self-insured status. Proper
documentation will override stated insurance
requirements.
8. INDEMNIFICATION. Subrecipient shall defend and hold
GreenLatinos, its employees, officers, directors, agents and representatives harmless from any and all costs, losses, damages, liabilities, expenses, demands, and judgments, including court costs and attorney’s fees, which they may suffer arising from any act or omission or neglect of Subrecipient, its employees, officers, directors, agents or representatives, or anyone else for whose acts Subrecipient may be responsible, in the performance of
Subrecipient’s obligations under this Agreement. This provision -17-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 16
shall survive the expiration or termination of this Agreement for any or no reason.
9. COMMUNICATIONS AND USE OF INTELLECTUAL PROPERTY.
a. Use of GreenLatinos and Forest Service Insignias. Grantor must submit and receive approval in writing from an
individual authorized by the GreenLatinos and Forest
Service to consent on their behalf on all requests to use the Forest Service and GreenLatinos insignias on any published media, such as a webpage, printed publication, or
audiovisual production.
b. GreenLatinos and Forest Service Acknowledged in
Publications, Audiovisuals, and Electronic Media.
Subrecipient shall acknowledge GreenLatinos and Forest
Service support in any publications, audiovisuals, and
electronic media developed as a result of this award,
following direction in USDA Supplemental 2 CFR 415.2.
Public announcements of the Award may be made by the
Subrecipient, GreenLatinos, and the Forest Service. Any related press release, media alert, website posting, or other publication about the Program or the Award made by
Subrecipient must acknowledge the Forest Service and
GreenLatinos support. All public announcements must be submitted to GreenLatinos for approval at least two weeks prior to publication.
c. Use of Subrecipient Insignia. Subrecipient hereby
authorizes GreenLatinos to include its insignia in
mutually agreed-upon advertising copy, solely in
connection with this Agreement, subject to prior
review and approval of such use by Subrecipient
which shall not be unreasonably withheld.
d. Copyright and Ownership. No reports, maps, or other
documents produced in whole or in part under this
Agreement shall be the subject of an application for
copyright by or on behalf of Subrecipient. Ownership
of all designs, reports, drawings, studies, estimates,
-18-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 17
models, computations, and other related items
(“Work Product”) prepared under this Agreement
shall vest in GreenLatinos upon payment to the
Subrecipient for all Services and Deliverables
rendered herein through the date of the expiration or
termination of this Agreement. Subrecipient hereby
assigns to GreenLatinos all right, title and interest in any Work Product.
10. TERMINATION.
a. By GreenLatinos. This subaward may be terminated, in whole or in part pursuant to 2 CFR 200.340. GreenLatinos may, by giving written notice to Subrecipient, terminate this Agreement without penalty in whole or in part for
cause, which shall include, without limitation: (i) failure for any reason of Subrecipient to fulfill timely and properly any of its obligations under this Agreement, including failure to comply with any provision of this Agreement;
(ii) Subrecipient’s default, breach or any intervening
casualty which poses an immediate threat to life, health or safety; (iii) Subrecipient’s breach of its representations, warranties and certifications contained in this Agreement; (iv) the suspension or debarment or determination that
Subrecipient or any of its principals are ineligible to participate in federal assistance awards or contracts;
(v) Subrecipient’s failure to maintain the insurance
coverage in the form and/or amounts required by
GreenLatinos pursuant to this Agreement; (vi) the
submission by Subrecipient to the Forest Service or
GreenLatinos of reports that are incorrect or incomplete in any material respect; (vii) ineffective or improper use by Subrecipient of funds received under this Agreement;
(viii) suspension, termination, in whole or in part of, or absence or reduction of appropriations for, grants or
reimbursements to GreenLatinos; (ix) the necessity for
termination and/or amendment of this Agreement so as to -19-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 18
make any terms of this Agreement consistent with federal, state or local laws; (x) fraudulent activities on the part of Subrecipient; and (xi) the filing of bankruptcy, receivership or dissolution by or with respect to Subrecipient.
GreenLatinos may also terminate this Agreement in whole or in part without cause upon 30 days’ written notice to Subrecipient.
b. By Subrecipient. If Subrecipient is unable or unwilling to comply with any additional conditions or requirements
which may arise as a result of changes in or additions to any federal, state or local laws after the commencement of the Agreement Term, including without limitation those
applied by the Forest Service in their grants and
reimbursements to GreenLatinos, and which thereby
become applicable to Subrecipient during the Agreement
Term, Subrecipient shall terminate this Agreement by
giving written notice to GreenLatinos. The effective date of such notice of termination shall be no earlier than 30 days from the date of the notice.
c. Liability for Default. Whether or not this Agreement is terminated, Subrecipient shall be liable to GreenLatinos for damages sustained by GreenLatinos by virtue of any breach of this Agreement by Subrecipient and GreenLatinos shall be liable to Subrecipient for any direct damages sustained by Subrecipient by virtue of any breach of this Agreement by GreenLatinos. This shall include, without limitation, liability of Subrecipient for the disallowance by the Forest Service of the reimbursement of charges submitted by
GreenLatinos for services provided by Subrecipient under this Agreement where the disallowance is in any way
attributable to Subrecipient, including the provision or maintenance by Subrecipient of inadequate or erroneous
records or billing documentation of services provided. If any such reimbursement of charges is disallowed as a
result of an audit by the Forest Service of Subrecipient or GreenLatinos, the amount disallowed must be paid by
-20-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 19
Subrecipient to GreenLatinos from funds other than those provided by GreenLatinos under this Agreement. Under no circumstances will GreenLatinos be liable to Subrecipient for any indirect damages.
11. GENERAL PROVISIONS.
a. Governing Law. This Agreement shall be governed by the laws of the District of Columbia without giving effect to the conflicts of laws provisions thereof.
b. Integration. This Agreement supersedes all oral
agreements, negotiations and representations between the parties pertaining to the subject matter of this Agreement. c. Severability. In the event that any portion of this Agreement is held to be unenforceable, such portions shall not limit or otherwise modify or affect any other portion of this
Agreement.
d. Waiver of Breach. The waiver by either party of any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach by the other party of the same or of different provisions.
e. Binding Effect; Assignment. Except as otherwise provided in this Agreement, every covenant, term, and provision of this Agreement shall be binding upon and inure to the
benefit of the parties and their respective and permitted successors, transferees and assigns. Subrecipient shall not assign, subcontract or transfer any of its rights,
responsibilities or obligations under this Agreement
without GreenLatinos’s prior written consent, which
GreenLatinos may withhold in its sole discretion. Any
attempted assignment, subcontract, or transfer of this
Agreement in violation of this Section shall be void. Should Subrecipient assign, subcontract or transfer any of its rights, responsibilities or obligations hereunder with such consent from GreenLatinos, Subrecipient and the party to which it proposes to assign or subcontract its
responsibilities or services hereunder must enter into a -21-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 20
written agreement that is consistent with this Agreement and the various requirements specified hereunder and that is approved by GreenLatinos prior to its execution.
f. Notices. Notices given by GreenLatinos or Subrecipient will be sufficient only if in writing and mailed or transmitted electronically by e-mail or through the reporting system directly, to the points of contact and addresses specified in Exhibit A: Scope of Services. Notices will be effective when delivered, or on the effective date of the notice, whichever is later.
g. Modifications. Subrecipient may request scope of work or budget modifications in alignment with their original scope of work, any changes will be made by mutual consent and requested according to Notices above. Modifications must be approved prior to the date when these modifications will be implemented. GreenLatinos reserves the right to deny modifications, which compromise the original scope of
work or were not approved prior to commencement.
GreenLatinos also reserves the right to deny payment for modifications that were not previously approved.
h. Subawardee. Subrecipient will act as a subawardee in the performance of the Services under this Agreement.
Accordingly, Subrecipient shall be responsible for the terms described in 2 CFR 200.
i. Disputes. In the event of any issue of controversy
under this Agreement, the Parties may pursue
Alternate Dispute Resolution (ADR) procedures to
voluntarily resolve those issues provided that
GreenLatinos shall have the right to, and be
permitted to, seek and obtain injunctive relief from a
court of competent jurisdiction. If GreenLatinos and
Subrecipient agree to arbitrate any controversy or
claim arising out of this Agreement; any such
arbitration shall be fully and finally resolved in
binding arbitration in a proceeding brought in
accordance with the Commercial Arbitration Rules
-22-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 21
of the American Arbitration Association before a
single arbitrator. The arbitration proceedings shall
be confidential. The arbitrator shall not have the
authority to modify or change any of the terms of
this Agreement. The arbitrator’s award shall be final
and binding upon GreenLatinos and Subrecipient,
and judgment upon the award may be entered in
any court of competent jurisdiction in any state of
the United States or country or application may be
made to such court for a judicial acceptance of the
award and an enforcement as the law of such
jurisdiction may require or allow. The arbitrator may
require the losing party thereto, as determined by
the arbitrator, to bear the costs and fees incurred in
any such arbitration.
This Subaward Agreement shall become effective upon the signatures of authorized representatives of both Parties. An electronic copy shall be deemed an original signature.
Signature Date
Mark Magaña, Executive Director
GreenLatinos
Signature
Date
Ryan Smoot, City Manager
City of Bellflower
-23-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 22
APPENDIX
Exhibit A: Scope of Services
Exhibit B: Program Budget
Exhibit C: Additional Terms and Conditions
Exhibit D: Notice of Prime Award
Exhibit E: Subaward Data
Exhibit F: Whistleblower Notice
Exhibit G: 2 CFR Part 170
Exhibit H: Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
-24-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: [11/30/2027]
GreenLatinos USDA IRA Urban & Community Forestry Program Attachment A: Scope of Work for City of Bellflower
Urban Forestry Management Plan & Tree Planting and
Maintenance Project
I. Project Participants & Primary Points of Contact
a. Community Lead: City of Bellflower
b. Mailing Address: 9944 Flora Vista St., Bellflower CA, 90706 c. Project Director (City/Organization Point of Contact):
Len Gorecki, Assistant City Manager/Director of Public Works [email protected]
(562) 804-1424 x 2217
d. Program Manager/Assistant:
Wang Su Lee, Management Analyst
[email protected]
(562) 804 -1424 x 2244
e. Finance Point of Contact:
Gerald Garces, Accountant
[email protected]
(562) 804-1424 x 2229
f. Cross Departmental Participants: NA
g. External Partners:
1. Consultant #1 to be determined through informal bidding process (Urban Forestry Management Plan – “UFMP”)
2. Contractor #1 to be determined through formal bidding process (Tree Maintenance Plan)
3. Contractor #2 (Tree Planting)
4. Consultant #2 (Program Participants’ Education)
II. Project Background
a. Project Title: City of Bellflower’s Urban Forestry Management Plan & Tree Planting and Maintenance Project
-25-
@s «" 3’2; GREEN LATINEE
mg Luohanalo For la Liberaoién Ambionhl
WNW
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: [11/30/2027]
b. Project Description:
The City of Bellflower, in partnership with a qualified vendor (“Consultant”), will develop an Urban Forestry Management Plan (“UFMP”) to promote an equitable, sustainable, and reliable means of managing the City’s green space for its residents. The UFMP will assist in realizing optimal public benefit of trees, while providing permanent equitable accessibility for those in our disadvantaged communities as identified by the Climate & Economic Justice Screening Tool (“CEJST”).
The City also seeks to plant five hundred (500) trees by the end of the grant term and partner with a local Bellflower-based nonprofit (501c3) or social enterprise to maintain the newly planted trees. This newly formed maintenance agreement will provide employment opportunities for our low-income residents while simultaneously serving as a catalyst towards fostering resilience, restoration and sustainability of the green space in the City of Bellflower.
c. Total Funding: $1,000,000
d. Period of Performance: July 1, 2024 – November 30, 2027 e. Priority Census Tracts (Disadvantaged Communities) Served Per CEJST:
Tract No. 06037553300
Tract No. 06037554101
Tract No. 06037554105
Tract No. 06037554203
Tract No. 06037554204
Tract No. 06037554403
Priority Census Tracts Per the Environmental Protection Agency’s Environmental Justice Screening and Mapping Tool’s (“EPA EJScreen Tool”):
The entire City of Bellflower is in the 99th percentile in particulate matter, 85th percentile in diesel particulate matter, 95th percentile in hazardous waste proximity, 95th percentile in wastewater discharge, 93rd percentile in flood risk, 85th percentile for limited English-speaking households, and 84th percentile for less than a high school education. Therefore, all -26-
\‘fitfiok‘,
7‘ , *2} GREEN LATINEE
WC, Lvohana For la Liberaoién fimbion‘l’al
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: [11/30/2027]
census tracts in the City have disadvantaged communities who face significant environmental burdens.
III. Project Scope: Deliverables, Timeline, Reporting and Payment Schedule Project reports, due dates, and reimbursements are scheduled below.
GreenLatinos will make quarterly reimbursements over the course of this project, in accordance with satisfactory progress reports.
Schedule of Quarterly Financial Reimbursement Reports
Quarterly financial reimbursement reports will be due as follows:
Performance Period Due Date to
GreenLatinos
Q1: 1/1 – 3/31 4/10
Q2: 4/1 – 6/30 7/10
Q3: 7/1 – 9/30 10/10
Q4: 10/1 – 12/31 1/10
Schedule of Semi-Annual Program Reports
Semi-Annual program reports will be due as follows:
Performance Period Due Date to
GreenLatinos
Semi-Annual Report 1: 5/1 – 10/31 11/10
Semi-Annual Report 2: 11/1 – 4/30 5/10
-27-
@s «" 3’2; GREEN LATINEE
mg Luohanalo For la Liberaoién Ambionhl
WNW
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: [11/30/2027]
IV. Signatures
This Scope of Work shall become effective upon the signatures of authorized representatives of both Parties. A facsimile transmission or electronic copy shall be deemed an original signature.
Signature
Date
Mark Magaña, Executive Director
GreenLatinos
Signature
Date
Ryan Smoot, City Manager
City of Bellflower
-28-
@s «" 3’2; GREEN LATINEE
mg Luohanalo For la Liberaoién Ambionhl
WNW
City of Bellflower
Project Amount: $1,000,000
Project Completion Date: 11/2027
Project Number:00000010
GreenLatinos: 1919 14th Street, Suite 700, Boulder, CO 80302 | https://www.greenlatinos.org/ Email: [email protected] 28
Exhibit A
STATEMENT OF WORK (SOW) APPENDIX
Please download the budget and budget narrative that you completed, or, entered directly into Salesforce, and attach these documents, along with a detailed project narrative, to this signed Scope of Work. Please sign and submit all these documents to GreenLatinos as a full package.
A complete Scope of Work package must include the following:
1. Completed and signed Scope of Work (this document)
2. Detailed Project Narrative
3. Budget (Excel form or downloaded from Salesforce)
4. Budget Narrative (Microsoft Word document or downloaded from Salesforce)
The final, approved Scope of Work package will then be attached to the Grant Agreement and submitted to you for signature.
-29-
v“, 16‘ GREEN LATINEEI WC} Wham for la Libmaan Ambionfaf Wm
City of Bellflower Urban Forestry Management Plan & Tree Planting and Maintenance Project Project Narrative
The residents in the City of Bellflower (“City”) suffer from inequitable access to public green space, high exposure to fine particulate matter 2.5 (“PM 2.5”), high flood risks, and low income and work force development. The Climate and Economic Justice Screening Tool (“CEJST”) identifies six (6) of the City’s census tracts as disadvantaged communities. The City’s identified disadvantaged communities rank as high as 98th percentile in harmful PM 2.5, 95th percentile in high flood risk, 94th percentile in lack of open green space, 90th percentile in unemployment, and 80th percentile in low income. Furthermore, the Environmental Protection Agency’s Environmental Justice Screening and Mapping Tool’s (“EPA EJScreen Tool”) Socioeconomic Indicators Data indicate that the entire City is in the 99th percentile in particulate matter, 85th percentile in diesel particulate matter, 95th percentile in hazardous waste proximity, 95th percentile in wastewater discharge and 93rd percentile in flood risks (See Exhibit A – “EPA EJScreen Community Report”).
The City of Bellflower aims to protect residents with increased canopy, improved air quality and decreased heat-related hazards. The City will partner with a qualified vendor (“Consultant”) to develop a comprehensive urban forestry management plan (“UFMP”) that will promote an equitable, sustainable, and reliable means of managing the City’s green space for over 77,000 Bellflower residents. Moreover, the UFMP will assist in realizing optimal public benefits of trees on the City’s streets, while providing permanent equitable accessibility for those in our disadvantaged communities. The UFMP will promote efficient, cost-effective management to reduce the public hazards caused by the PM 2.5 in the air, floods, and miscellaneous expenses caused by improper tree selection, planting, and maintenance – especially in our disadvantaged communities as identified by the CEJST.
Concurrent with the development of the UFMP, the City will select a qualified contractor to implement a tree planting program which will conclude with a total of five hundred (500) newly planted trees by the end of the grant term. The newly planted trees will reduce the high concentration of fine PM 2.5 in the air that poses detrimental health hazards for our residents in the disadvantaged communities (95-98th percentile in PM 2.5 per CEJST). Under the conditions of this grant, all five hundred (500) proposed tree plants will be strategically placed in the City’s disadvantaged census tracts as identified by the CEJST and the EPA EJScreen Tool. The goal is equitable accessibility, increased biodiversity, health, and resilience of trees in our disadvantaged community which make up nearly one-third of the City’s population. The UFMP and the tree planting and maintenance initiative will foster resilience, restoration, and sustainability for the disadvantaged communities in Bellflower facing extreme climate change challenges. The City strongly believes that while residents in the disadvantaged communities will benefit most from the UFMP and the tree planting initiative, the entire City of Bellflower will thrive because of the equitable practices.
Subsequently, the City will request formal bids for the maintenance of the five hundred (500) newly planted trees; The selected partner (“Contractor”) will be a local community-based organization that will promote expanded collaboration and training within the field of green space maintenance and improve workforce development for low-income Bellflower residents. The selected partner(s) will enter into a maintenance agreement with the City to maintain the newly planted trees for the term of the grant.
-30-
Implementation Strategy/Methodology/Timeline
Urban Forestry Management Plan (UFMP)
The selected Consultant will have extensive project management capabilities to meet the City’s specific needs for the long-term management of the City’s urban forestry. The UFMP must be completed by an expert team comprising of qualified ISA certified arborists, ASCA registered Consulting Arborists, ISA Tree Risk Assessment Qualified Specialists, or of equal qualifications. The selected Consultant must also have extensive experience maintaining and developing UFMPs for local agencies throughout the state of California – demonstrating proficiency in meeting specific City needs.
Consultant must conduct public outreach to the residents, businesses owners, and all stakeholders in the community to incorporate their feedback to ensure that the UFMP is comprehensive, accurate, and fully representative of the community’s needs.
The Urban Forestry Management Plan will include at minimum (May include additional chapters after public engagement & input):
1. Executive Summary
a) History & Background
b) Tree Equity
2. Inventory Report
a) Canopy Assessment
b) Priority Trees
3. Urban Forest Operations
a) Maintenance Program
b) Maintenance Schedule
c) Standards and Best Management Practices
d) Plant Health Care & Risk Assessment
e) Green Waste & Urban Wood Recycling
f) Emergency Operations
g) Wildlife Protection
4. Climate Resiliency
a) Tree Palette
b) Planting Plan
c) Reduction of Urban Heat Island Effects
d) Planning, Development, and Infrastructure
e) Sustainability
5. Public Participation & Engagement
a) Public Survey/Outreach/Workshop
b) Public Education
c) Tree Ordinance
d) Caring for Private Trees
e) Resources and Guides for Homeowners and Businesses
-31-
The City and/or Consultant estimate fifteen (15) months to complete the UFMP following the tentative schedule:
1. Performing Environmental Scan: 7/5/2024 - 7/12/2024
2. Consensus Building: 7/13/2024 - 7/14/2024
3. Determining the UFMP Chapters: 7/17/2024 - 8/14/2024
4. Tree Inventory Update: 8/7/2024 - 9/19/2024
5. Community Education: 10/1/2024 - 11/24/2024
6. Developing the UFMP: 1/5/2025 - 3/14/2025
7. Review Multiple Drafts: 3/18/2025 - 6/28/2025
8. Deliver & Adopt UFMP: 7/8/2025 - 7/8/2025
9. Providing Training for City Staff: 8/5/2025 - 8/5/2025
10. Providing Grant Deliverables: 9/9/2025 - 10/7/2025
The project will be deemed completed once the City has received all project deliverables: Urban Forestry Management Plan.
Tree Planting (500 Trees)
The City will seek a qualified contractor to carry out the tree planting program. The selected contractor will plant five hundred (500) trees over a three-year span (2024-2027). The five hundred (500) trees to be planted under the terms and conditions of this grant will be an extension of the City’s existing tree planting program.
The City and selected contractor will utilize the CEJST and EPA EJScreen Tool to identify disadvantaged communities within the City. The CEJST, EPA EJScreen Tool, and the planting plan from the UFMP will serve as a primary guide to planting trees in the City.
The Tree Planting component of the project will be deemed completed once five hundred (500) trees have been successfully planted in our disadvantaged communities as identified by the CEJST, EPA EJScreen Tool, and the planting plan from the UFMP
Tree Maintenance Plan ("Contractor”)
The City will request formal bids for the maintenance of the newly planted trees. The Contractor must be a local community-based nonprofit organization (501c3), or social enterprise that helps individuals with employment barriers or deemed “hard-to-hire." The organization must also have an established program for green space and associated activities.
The selected Contractor must ensure frequent monitoring (tree health, soil moisture, mulch) and watering of the newly planted trees and have the following capabilities/roles (or equivalent):
1. Route Managers
Route Managers will lead the team of coordinators and program participants while ensuring success of the maintenance program. Route Managers will also be tasked with interacting with customers, residents, and additional stakeholders.
2. Coordinators
Coordinators are the office staff that will coordinate the maintenance routes and schedule. Coordinator will also work as case managers for the participants who will be the field representatives doing the maintenance work.
-32-
3.Program Participants
Program participants are the field representatives that will be tasked with the maintenance work of the newly planted trees. Program participants will ensure frequent monitoring (checking tree health, soil moisture, mulch) and watering of the trees.
Newly planted trees require extensive care during their first year; therefore, new trees ( 1 year) will be watered twice per month and monitored every two (2) months. Treegator bags (“Treegator”) are critical to the survival of arterial trees with no irrigation supply as they provide deep water saturation with no run-off in the least amount of time necessary.
As a part of the tree maintenance component of this project, program participants will also have the opportunity to learn from certified arborists on several key areas of knowledge including but not limited to:
a.Tree Biology
b.Tree Identification and Selection
c.Soil Management
d.Installation and Establishment
e.Pruning
f.Diagnosis and Treatment
g.Trees and Construction
h.Tree Risk
i.Safe Work Practices
j.Urban Forestry
k.Additional areas of knowledge as deemed necessary
The City strongly believes that by maintaining the health of City-owned trees, the City is promoting equitable accessibility, increased biodiversity, and the health and resilience of trees in our disadvantaged communities. The maintenance plan serves as a catalyst towards fostering resilience, restoration, and sustainability of the green space in the City of Bellflower and provides new skills to the maintenance program participants to continue their work in the field of green space maintenance. The City will dedicate the entire award amount towards tree planting and associated activities to increase equitable green space, reduce pollution and potential health hazards, and promote workforce development in our disadvantaged communities. The UFMP, tree planting initiative, and maintenance plan will synergistically serve as the primary tools for long-term equitable access to the urban forestry ecosystem. Hence, we are embracing a proactive approach in advocating for an equitable forestry ecosystem and mitigating economic loss due to climate-related disasters. The City will promote workforce development in disadvantaged communities by engaging a local Bellflower-based non-profit organization (501c3) to uplift communities and provide employment opportunities for Bellflower residents living in poverty.
Attachments: Exhibit A - Table of CEJST Census Tracts
Exhibit A-1 – EPA EJScreen Community Report
-33-
Census Tract ID Identified as DAC in CEJST?
06037553300 Yes
06037554101 Yes
06037554105 Yes
06037554203 Yes
06037554204 Yes
06037554403 Yes
Bellflower, CA Census Tracts Served with IRA UCF Funding -34-