CITY OF CARSONHOUSING AUTHORITY/SUCCESSOR AGENCY/PUBLIC FINANCING AUTHORITY/CITY COUNCIL AGENDA Lula Davis-Holmes, Mayor
Jawane Hilton, Mayor Pro Tem and District 1 Councilmember Cedric L. Hicks, Sr., District 3 Councilmember Jim Dear, District 2 Councilmember Arleen Bocatija Rojas, District 4 Councilmember Dr. Khaleah Bradshaw, City Clerk Monica Cooper, City Treasurer “In accordance with the Americans with Disabilities Act of 1990, if you require a disability related modificationor accommodation to attend or participate in this meeting, including auxiliary aids or services, please call theCity Clerk’s office at 310-952-1720 at least 48 hours prior to the meeting.” (Government Code Section 54954.2) RULES OF DECORUM:
1. No person attending a Public Meeting shall engage in disorderly or boisterous conduct, including but not limited to applause, whistling, stamping of feet, booing, or making any loud, threatening, profane, abusive, personal, impertinent, or slanderous utterance-that disturbs, disrupts, or otherwise impedes the orderly conduct of the meeting.
2. All remarks by members of the public shall be addressed to the Mayor or the Chair and not to any other member of the public or to any single Council, Board or Commission Member unless in response to a question from that Member.
3. Signs, placards, banners, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting.
4. All persons attending a Public Meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
5. All persons attending a Public Meeting shall obey any lawful order of the Presiding Officer to enforce the Rules of Decorum.
Treat everyone courteously
Listen to others respectfully
Exercise self-control
Give open-minded consideration to all viewpoints
Focus on the issues and avoid personalizing debate
Embrace respectful disagreement and dissent as democratic rights that are inherent components of an inclusive public process and tools for forging sound decisions
PUBLIC INFORMATION
The public may address the members of the City Council on any matters within the jurisdiction of the CityCouncil or on any items on the agenda of the City Council during the designated public comment periods.There will be two Oral Communication sessions: one for Agendized Items (comment about items ON theagenda) and the other for non-Agendized items (comment about items NOT on the Agenda). The OralCommunications portion of the agenda is limited to a duration of one hour unless otherwise approved by theCity Council. Comment time is normally 3 minutes depending on the number of speakers.
PUBLIC VIEWING AVAILABLE BY:
Livestream on the City’s website: The meeting will be streamed live over the i n t e r n e t v i a : w w w. c a r s o n c a . g o v o r o n Y o u t u b e : www.youtube.com/c/CityofCarsonCaliforniaOfficialYouTubePage Cable TV: Spectrum (Channel 35) and ATT (Channel 99)
TUESDAY, DECEMBER 3, 2024701 East Carson StreetCity Hall 5:00 PM
IF YOU ARE NOT ABLE TO ATTEND THE MEETING IN-PERSON, PUBLIC COMMENTS CAN BE SUBMITTEDBEFORE THE MEETING AT/VIA:
Email: Public comments can be emailed to [email protected]. The cut-off time to submit any emailcommunications is 3:00 p.m. on the day of the meeting.
Written: Written comments can be dropped off at the City Clerk’s Office at City Hall. The cut-off time tosubmit any written communications is 3:00 p.m. on the day of the meeting. Written comments dropped off atthe City Clerk’s Office or any email received will not be read aloud at Council Meeting but will be circulatedto the City Council and incorporated into the record.
CALL TO ORDER: CITY COUNCIL/SUCCESSOR AGENCY/HOUSING AUTHORITY (5:00 pm)
ROLL CALL (CITY CLERK)
FLAG SALUTE
INVOCATION (Item 1)
1. PASTOR MANNY DELA CRUZ FROM FAMILY IN CHRIST MINISTRIES INTERNATIONAL - CARSON
CHAPTER
CLOSED SESSION (Items 2 - 6)
REPORT ON ANY PUBLIC COMMENTS ON CLOSED SESSION ITEMS (CITY CLERK)
ANNOUNCEMENT OF CLOSED SESSION ITEMS (CITY ATTORNEY)
RECESS INTO CLOSED SESSION UNTIL 6:00 P.M. OR UNTIL THE END OF CLOSED SESSION,
WHICHEVER OCCURS FIRST
2. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The title of such litigation is as follows: CAM-Carson, LLC v. Carson Reclamation Authority, City of Carson and Successor Agency to the Carson Redevelopment Agency, Los Angeles Superior Court Case No. 20STCV16461.
3. CONFERENCE WITH LABOR NEGOTIATOR (CITY COUNCIL)
— A closed session will be held, pursuant to Government Code 54957.6, with City Manager, Assistant City Manager, and Human Resources Officer, its negotiators(s), regarding labor negotiations with AME, CPSA, and, AFSCME Local 809 and 1017 as well as Unclassified Management.
4. CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(2) or (d)(3) and (e)(1), because there is a significant exposure to litigation in 1 case(s)
5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The title of such litigation is as follows: Monique Alvarez et al v. Prologis Inc. et al. Case No. 21STCV38929 and related cases.
6. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (CITY COUNCIL) — A closed session will be held, pursuant to Government Code Section 54956.9(d)(1), to confer with legal counsel regarding pending litigation to which the City of Carson is a party. The title of such litigation is as follows: Watson Land Company v. City of Carson, et al, Los Angeles Superior Court Case No. 19STCP019720.
RECONVENE TO OPEN SESSION AT 6:00 P.M. OR AT THE END OF CLOSED SESSION, WHICHEVER
OCCURS FIRST
REPORT ON CLOSED SESSION ACTIONS (CITY ATTORNEY)
INTRODUCTIONS (MAYOR) (Items 7 - 8)
7. REPORT FROM CAPTAIN NORMAN OF CARSON SHERIFF'S STATION
8. REPORT FROM ASSISTANT CHIEF KANE OF LOS ANGELES COUNTY FIRE PRESENTATIONS (Item 9)
9. PLANNING COMMISSION YEAR END REVIEW
ORAL COMMUNICATIONS FOR MATTERS LISTED ON THE AGENDA (MEMBERS OF THE PUBLIC) (LIMITED
TO ONE HOUR)
The public may address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency or on any items on the agenda of the City Council/Housing Authority/Successor Agency, other than closed session matters, prior to any action taken on the agenda. Speakers are limited to no morethan three minutes, speaking once. Oral communications will be limited to one (1) hour unless extended by order of the Mayor with approval of the City Council.
APPROVAL OF MINUTES (Item 10)
10. APPROVAL OF THE FOLLOWING CARSON CITY COUNCIL-SUCCESSOR AGENCY-HOUSING AUTHORITY MINUTES: NOVEMBER 12, 2024 (SPECIAL MEETING) AND NOVEMBER 19, 2024 (REGULAR MEETING) (CITY COUNCIL)
RECOMMENDED ACTION
— APPROVE the minutes as listed.
CONSENT (Items 11 - 21)
ANY ITEM OR ITEMS MAY BE REMOVED FOR DISCUSSION
These items are considered to be routine items of business and have, therefore, been placed on the CONSENT CALENDAR. For items remaining on the CONSENT CALENDAR, a single motion to ADOPT the recommended action is in order.
11. CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF CARSON, CARSON HOUSING AUTHORITY, CARSON SUCCESSOR AGENCY-MONTH ENDING OCTOBER 31, 2024 (CITY
COUNCIL)
RECOMMENDED ACTION
— RECEIVE and FILE
12. CONSIDER ADOPTING RESOLUTION NO. 24-111, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $14,693,122.47, DEMAND CHECK NUMBERS 176070 THROUGH 176447 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. WAIVE further reading and ADOPT Resolution No. 24-111, "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $14,693,122.47, DEMAND CHECK NUMBERS 176070 THROUGH 176447."
13. CONSIDER AN UPDATE ON CITY COMMISSIONS (CITY COUNCIL)
RECOMMENDED ACTION
— RECEIVE and FILE this report.
14. CONSIDER AN UPDATE ON CITY PROJECTS (CITY COUNCIL)
RECOMMENDED ACTION
— RECEIVE and FILE this report.
15. CONSIDER ACCEPTING THE U.S. DEPARTMENT OF ENERGY'S ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT AWARD OF $150,080.00 (CITY COUNCIL)
RECOMMENDED ACTION
— 1. ACCEPT the U.S. Department of Energy's Energy Efficiency and Conservation Block Grant award of $150,080.00.
— 2. ACCEPT the Special Terms and Conditions and AUTHORIZE the City Manager to execute the Special Terms and Conditions and any related grant documents subject to approval as to form by the City Attorney.
16. CONSIDER APPROVING THE PARTICIPATION AGREEMENT FOR THE CLEAN POWER ALLIANCE'S
ELECTRIC FLEET TRANSITION PROGRAM (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE the Participation Agreement with Clean Power Alliance allowing participation in the Clean Power Alliance's Energized Communities Program to receive funding of up to $250,000.00.
— 2. AUTHORIZE the City Manager to execute the agreement and any related documents subject to approval as to form by the City Attorney.
17. CONSIDER APPROVAL OF AMENDMENT NO. 2 TO THE AGREEMENT (21-080) WITH VERNE’S PLUMBING, INC., FOR THE TESTING, REPAIR AND REPLACEMENTOF CITY-OWNED BACKFLOW
PREVENTION DEVICES (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE Amendment No. 2 to the Agreement for Contract Services by and between the City of Carson and Verne’s Plumbing, Inc. to increase the contract sum by $16,667 such that the total cost of the Contract Agreement does not exceed $110,860.31, and extend the term of the agreement by one year to May 30, 2026.
— 2. AUTHORIZE the Mayor to execute the amendment after approval as to form by the City Attorney.
18. CONSIDER RECORDING A "NOTICE OF EXEMPTION" IN THE OFFICE OF THE LOS ANGELES COUNTY CLERK AND WITH THE STATE CLEARING HOUSE FOR PROJECT NO.675 (SEPULVEDA BRIDGE WIDENING PROJECT), PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT GUIDELINES AND AUTHORIZING STAFF TO ADVERTISE FOR CONSTRUCTION (CITY
COUNCIL)
RECOMMENDED ACTION
— 1. AUTHORIZE staff to advertise the work and call for construction bids for Project No. 675:
Sepulveda Bridge Widening Project from Alameda Boulevard to Intermodal Way. — 2. MAKE the California Environmental Quality act finding that the proposed Project No. 675:
Sepulveda Bridge Widening Project from Alameda Boulevard to Intermodal Way are categorically exempt pursuant to Section 15301 of the California Environmental Quality Act guidelines
— 3. AUTHORIZE staff to record the “Notice of Exemption” in the office of the Los Angeles County Clerk and with the State Clearing House at the Governor’s Office of Planning and Research for Project No.675: Sepulveda Bridge Widening Project.
19. CONSIDERATION OF ADOPTION OF REVISED NEIGHBORHOOD PRIDE PROGRAM GUIDELINES (CITY COUNCIL)
RECOMMENDED ACTION
— 1. APPROVE modified the modified Neighborhood Pride Program guidelines. — 2. AUTHORIZE the City Manager to respond and sign the attached draft letter.
20. CONSIDER REJECTION OF PROPOSALS RECEIVED FOR REQUEST FOR PROPOSALS ("RFP"): 25- 005 STATE OF THE CITY EVENT PRODUCTION AND MANAGEMENT
RECOMMENDED ACTION
— 1. REJECT all proposals received in response to RFP: 25-005 State of the City Event Production and Management.
21. CONSIDER ADOPTION OF RESOLUTION NO. 24-113 FURTHER EXTENDING THE TIMELINE FOR
COMPLIANCE ON THE PART OF SOUTH BAY CARSON, LLC & SYWEST DEVELOPMENT, LLC, WITH THE TERMS AND CONDITIONS OF CONDITIONAL USE PERMIT NO. 940-13, RELOCATION REVIEW NO. 3047-13 & RESOLUTION NO. 13-099, AND AMENDING RESOLUTION NO. 23-187 REGARDING
VEHICLE STORAGE FACILITIES LOCATED ON THAT CERTAIN REAL PROPERTY WHOSE COMMON STREET ADDRESS IS 20151 SOUTH MAIN STREET, CITY OF CARSON (CITY COUNCIL)
RECOMMENDED ACTION
— WAIVE further reading and ADOPT Resolution No. 24-113, “A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, FURTHER EXTENDING THE TIMELINE FOR
COMPLIANCE ON THE PART OF SOUTH BAY CARSON, LLC & SYWEST DEVELOPMENT, LLC, WITH THE TERMS AND CONDITIONS OF CONDITIONAL USE PERMIT NO. 940-13, RELOCATION REVIEW NO. 3047-13 & RESOLUTION NO. 13-099, AND AMENDING RESOLUTION NO. 23-187 REGARDING
VEHICLE STORAGE FACILITIES LOCATED ON THAT CERTAIN REAL PROPERTY WHOSE COMMON STREET ADDRESS IS 20151 SOUTH MAIN STREET, CITY OF CARSON." SPECIAL ORDERS OF THE DAY (Items 22 - 24)
Public testimony is restricted to three minutes per speaker, speaking once (excepting applicants who are afforded a right of rebuttal, if desired), unless extended by order of the Mayor with the approval of the City Council.
22. CONSIDER ADOPTION OF RESOLUTION NO. 24-112 APPROVING CEQA “NO PROJECT”/EXEMPTION FINDINGS AND ADOPTING GENERAL PLAN AMENDMENT NO. 1-24, MODIFYING THE LAND USE AND REVITALIZATION ELEMENT OF THE CARSON 2040 GENERAL PLAN
REGARDING SPECIFIC PLAN REQUIREMENT FOR ANY REDEVELOPMENT OF EXISTING OIL OR
PETROLEUM REFINERY SITES FOR SUBSEQUENT USE FOLLOWING CESSATION OF REFINERY
OPERATIONS
RECOMMENDED ACTION
— ADOPT the proposed City Council Resolution 24-112, “A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON APPROVING CEQA “NO PROJECT”/EXEMPTION FINDINGS AND ADOPTING GENERAL PLAN AMENDMENT NO. 1-24, MODIFYING THE LAND USE AND REVITALIZATION ELEMENT OF THE CARSON 2040 GENERAL PLAN REGARDING SPECIFIC PLAN
REQUIREMENT FOR ANY REDEVELOPMENT OF EXISTING OIL OR PETROLEUM REFINERY SITES FOR SUBSEQUENT USE FOLLOWING CESSATION OF REFINERY OPERATIONS”
23. CONSIDER ADOPTION OF INTERIM URGENCY ORDINANCE NO. 24-2416U EXTENDING A
TEMPORARY MORATORIUM ON CONSIDERATION OF APPLICATIONS AND APPROVAL AND ISSUANCE
OF PERMITS AND ENTITLEMENTS FOR COMMERCIAL OR INDUSTRIAL REDEVELOPMENT AND
SUBSEQUENT USE OF CURRENT OIL REFINERY SITES WITHIN THE CITY OF CARSON FOLLOWING
CESSATION OF REFINERY OPERATIONS, AND DECLARING THE URGENCY THEREOF
RECOMMENDED ACTION
— WAIVE further reading and ADOPT Interim Urgency Ordinance No. 24-2416U, “AN INTERIM
URGENCY ORDINANCE OF THE CITY OF CARSON, CALIFORNIA, EXTENDING A TEMPORARY
MORATORIUM ON CONSIDERATION OF APPLICATIONS AND APPROVAL AND ISSUANCE OF
PERMITS AND ENTITLEMENTS FOR COMMERCIAL OR INDUSTRIAL REDEVELOPMENT AND
SUBSEQUENT USE OF CURRENT OIL REFINERY SITES WITHIN THE CITY OF CARSON FOLLOWING CESSATION OF REFINERY OPERATIONS, AND DECLARING THE URGENCY THEREOF.”
24. CONSIDER FIRST READING OF ORDINANCE NO. 24-2417, ENTITLED, AN ORDINANCE OF THE
CITY COUNCIL OF CITY OF CARSON, CALIFORNIA APPROVING AN ECONOMIC DEVELOPMENT BENEFIT AGREEMENT NUMBER TWO WITH SOUTH BAY CARSON, LLC. (CITY COUNCIL)
RECOMMENDED ACTION
— OPEN the public hearing; TAKE public testimony and accept any written and/or oral communications; AND CLOSE the public hearing; AND
— WAIVE further reading and Introduce for first reaching Ordinance No. 24-2417, entitled “AN
ORDINANCE OF THE CITY COUNCIL OF CITY OF CARSON, CALIFORNIA APPROVING AN
ECONOMIC DEVELOPMENT BENEFIT AGREEMENT NUMBER TWO WITH SOUTH BAY CARSON, LLC.”
DISCUSSION (Item 25)
25. CONSIDERATION OF ONLY LOCAL UNCONTESTED APPOINTMENTS TO THE CITY’S COMMISSIONS,
COMMITTEES, AND BOARDS, AND CITY AFFILIATED ORGANIZATIONS BY MAYOR AND CITY COUNCIL
AND CONSIDER ALL (CONTESTED AND UNCONTESTED) APPOINTMENTS TO ALL COMMISSIONS (CITY COUNCIL)
RECOMMENDED ACTION
— 1. CONSIDER and only APPOINT uncontested members to the City Commissions, Committees, and Boards;
— 2. CONSIDER and APPOINT all (contested and uncontested) members to all commissions except Planning Commission and Environmental Commission; — 3. CONSIDER and APPOINT members to City Affiliated Organizations; — 4. DIRECT the City Clerk to notify all affected appointments of this action in writing; — 5. IF APPLICABLE, DIRECT the City Clerk to post and publish in accordance with the Maddy Act
ORDINANCE SECOND READING (Item 26)
26. SECOND READING OF ORDINANCE NO. 24-2415, ADOPTION OF "AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF CARSON, CALIFORNIA, IN CONNECTION WITH THE COMMUNITY FACILITIES FINANCING DISTRICT NO. 2012-2 (THE BOULEVARDS AT SOUTH BAY-CAPITAL IMPROVEMENTS) OF
THE CITY OF CARSON, AUTHORIZING THE CESSATION OF THE LEVY RELATED SPECIAL TAXES AND THE EXTINGUISHMENT AND CANCELLATION OF ALL RELATED LIENS" (CITY COUNCIL AS BOARD OF CFD 2012-2)
RECOMMENDED ACTION
— Acting As the Legislative Body Of Community Facilities District No. 2012-2, CONDUCT a Second Reading by title only and with further reading waived, and ADOPT Ordinance No. 24- 2415 entitled “ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, IN CONNECTION WITH THE COMMUNITY FACILITIES FINANCING DISTRICT NO. 2012-2 (THE
BOULEVARDS AT SOUTH BAY-CAPITAL IMPROVEMENTS) OF THE CITY OF CARSON, AUTHORIZING
THE CESSATION OF THE LEVY RELATED SPECIAL TAXES AND THE EXTINGUISHMENT AND CANCELLATION OF ALL RELATED LIENS"
— TAKE any action the City Council deems appropriate that is consistent with the requirements of the law.
MEMORIAL ADJOURNMENTS
ORAL COMMUNICATIONS FOR MATTERS NOT LISTED ON THE AGENDA (MEMBERS OF THE PUBLIC) The public may at this time address the members of the City Council/Housing Authority/Successor Agency on any matters within the jurisdiction of the City Council/Housing Authority/Successor Agency. No action may be taken on non-agendized items except as authorized by law. Speakers are requested to limit their comments to no more than three minutes each, speaking once.
COUNCIL MEMBER REQUESTS TO ADD ITEMS TO FUTURE AGENDAS
ORAL COMMUNICATIONS (COUNCIL MEMBERS)
ANNOUNCEMENT OF UNFINISHED OR CONTINUED CLOSED SESSION ITEMS (AS NECESSARY)
RECESS TO CLOSED SESSION
RECONVENE TO OPEN SESSION
REPORT OF ACTIONS ON UNFINISHED OR CONTINUED CLOSED SESSION ITEMS
ADJOURNMENT
Date Posted: November 27, 2024
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CITY OF CARSON
File #: Version:
Report to City Council, Successor Agency, andHousing Authority Tuesday, December 3, 2024, 5:00 PM
CONSENT 11. To: City Council, Successor Agency, and Housing Authority From: Monica Cooper, City Treasurer TREASURER Subject: CONSIDER MONTHLY INVESTMENT AND CASH REPORT FOR THE CITY OF CARSON,CARSON HOUSING AUTHORITY, CARSON SUCCESSOR AGENCY-MONTH ENDING OCTOBER 31, 2024(CITY COUNCIL) I. SUMMARY
The monthly Investment and Cash Report for the City of Carson, former Successor Agency, and Carson HousingAuthority for October 31, 2024is being submitted to the Mayor and City Council. The report outlines the total reserves and cash on hand for theCity of Carson and its affiliated entitiesas follows: City of Carson reserves(Invested assets): $228,193,358.47City of Carson available cash: $24,121,951.06 Restricted funds for the City of Carson encompass cash on hand and reserves for the Successor Agency, HousingAuthority, and Co-Op Agreement:Total City of Carson restricted funds: $27,578,020.11 II. RECOMMENDATION
RECEIVE and FILE
III. ALTERNATIVES
TAKE another action the Council deems appropriate
IV. BACKGROUND
The Investment and Cash Report is submitted on a monthly basis to the Mayor and City Council, ensuring they stayinformed about the reservesand available cash for Carson entities. These entities include the City of Carson, former Successor Agency, andHousing Authority. The investment program outlined in this report ensures there is enough liquidity to cover sixmonth's worth of estimated expenditures. Moreover, all investments adhere to Californiastate code 503600, the City of Carson Investment Policy, and relevant bond indentures.
V. FISCAL IMPACT
None
701 East Carson Street
VI. EXHIBITS
1. Summary of Cash (Pg. 3)2. City of Carson investments (Pg. 4-6)3. City of Carson Successor Agency Investments (Pg .7)
Attachments
Cash rpt Oct 2024- dup.pdf
CITY OF CARSON PORTFOLIO RESERVES SUMMARY OCT 2024.pdf
CITY OF CARSON PORTFOLIO RESERVES SUCCESSOR SUMMARY OCT 2024.pdf
Cash and Investment Report Summary
City of Carson, Carson Successor Agency, Carson Housing Authority October 31, 2024
Available Cash Invested Funds
General Fund $24,121,951.06 $228,193,358.47
Successor Agency (restricted revenue) $10,492,769.61 $7,543,467.10 Housing Authority (restricted revenue) $7,594,958.76
Co-Op Agreement (restricted revenue) $1,946,824.64
CITY OF CARSON PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
OCTOBER 31, 2024
Description CUSIP/Ticker YTM @
Cost Face Amount/Shares Cost Value Market Value % of Portfolio Cash
BNY Cash Reserve Cash MM1159A 1.720 9,046,561.50 9,046,561.50 9,046,561.50 3.96 Preferred Premier Cash MM942 3.350 39,095,765.84 39,095,765.84 39,095,765.84 17.13 Sub Total / Average Cash 3.044 48,142,327.34 48,142,327.34 48,142,327.34 21.10 Certificate Of Deposit
American Express Natl BK 1.8 3/3/2025 02589ABM3 1.800 245,000.00 245,000.00 242,624.14 0.11 Eaglemark Saving Bank 2 3/2/2027 27004PCM3 2.000 245,000.00 245,000.00 234,608.35 0.11 East/West Bank 4.1 2/9/2025 178208467A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 178740303A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 17854698A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 178,659,182 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.1 2/9/2025 0178712582-A 4.100 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.15 1/24/2025 178064422A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.15 1/24/2025 178944242A 4.150 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.15 1/24/2025 178502444A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.15 1/24/2025 178417994A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.15 1/24/2025 1178622841A 4.150 2,000,000.00 2,000,000.00 2,000,000.00 0.88 East/West Bank 4.6 11/2/2024 01-78585526 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/2/2024 01-78800198 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/2/2024 01-78225460 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/3/2024 01-78002788 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 East/West Bank 4.6 11/4/2024 01-78011696 4.600 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Ban 4.5 1/27/2025 300683-K 4.500 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Ban 4.5 1/27/2025 300691-F 4.500 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Ban 4.5 1/27/2025 306119-H 4.500 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Ban 4.5 1/27/2025 30000006915-A 4.500 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 4.5 1/27/2025 300000003703-A 4.500 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.2 2/1/2025 6907A 5.200 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 11/10/2024 7199-B 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Preferred Bank 5.22 11/10/2024 7180-A 5.220 1,000,000.00 1,000,000.00 1,000,000.00 0.44
Description CUSIP/Ticker YTM @
Cost Face Amount/Shares Cost Value Market Value % of Portfolio Preferred Bank 5.25 2/1/2025 6893A 5.250 1,000,000.00 1,000,000.00 1,000,000.00 0.44 Sallie Mae Bank/ Salt Lake 1 7/14/2026 7954507A7 1.000 250,000.00 250,000.00 237,609.05 0.11 Toyota Finl Svgs BK 1.05 10/21/2026 8923M-LW-9 1.050 245,000.00 245,000.00 231,599.80 0.11 USBS BANK1.05 10/27/2026 90348JV56 1.050 245,000.00 245,000.00 231,413.92 0.11 Sub Total / Average Certificate Of Deposit 4.308 29,230,000.00 29,230,000.00 29,177,855.26 12.81 Corporate
Bank of America 1.4 5/14/2026-22 06048WL99 1.400 300,000.00 300,000.00 286,074.00 0.13 BERKSHIRE HATHAWAY FIN 2.3 3/15/2027 084664CZ2 2.580 300,000.00 296,087.07 287,160.00 0.13 GOOGLE- Alphabet Inc. 1.998 8/15/2026 02079KAC1 2.000 300,000.00 299,972.90 288,156.00 0.13 John Deere Capital Corp 1.05 6/17/2026 24422EVR7-A 1.050 300,000.00 300,000.00 284,472.00 0.13 JPMORGAN CHASE CO 1.2 4/30/2026-23 48128G3G3 1.200 300,000.00 300,000.00 284,754.00 0.13 TARGET CORPORATION 1.95 1/15/2027 87612EBM7 1.990 500,000.00 499,063.55 474,965.00 0.22 Truist Bank 1.5 3/10/2025 89788JAA7 1.850 250,000.00 245,845.97 247,045.00 0.11 WestPac BKG Corp 1.019 11/18/2024 961214EU3 1.019 300,000.00 300,000.00 299,442.00 0.13 Sub Total / Average Corporate 1.660 2,550,000.00 2,540,969.49 2,452,068.00 1.12 Local Government Investment Pool
LAIF LGIP LGIP9143 4.518 35,521,399.47 35,521,399.47 35,521,399.47 15.57 Sub Total / Average Local Government Investment
Pool 4.518 35,521,399.47 35,521,399.47 35,521,399.47 15.57 Money Market
East/West Bank MM 22,305 3.570 83,753,181.02 83,753,181.02 83,753,181.02 36.70 Sub Total / Average Money Market 3.570 83,753,181.02 83,753,181.02 83,753,181.02 36.70 US Agency
FAMC 0.77 12/6/2024 31422XQV7 0.770 996,450.64 996,450.64 994,597.24 0.44 FAMC 1.57 2/18/2025 31422XUH3 1.570 1,000,000.00 1,000,000.00 990,870.00 0.44 FAMC 2.3 3/8/2027 31422XVA7 2.300 1,000,000.00 1,000,000.00 955,480.00 0.44 FAMC 3 8/15/2025 31422XD74 3.280 1,000,000.00 992,106.27 990,040.00 0.44 FFCB 0.84 3/2/2026-21 3133EMSK9 0.907 1,000,000.00 996,743.00 956,040.00 0.44 FFCB 1.27 11/2/2026 3133ENCQ1 1.270 1,000,000.00 1,000,000.00 943,320.00 0.44 FFCB 1.43 11/23/2026-22 3133ENEM8 1.430 1,000,000.00 1,000,000.00 944,750.00 0.44 FFCB 1.53 1/26/2026 3133ENLDO 1.530 2,000,000.00 2,000,000.00 1,935,000.00 0.88 FHLB 1 3/26/2026-21 313ALMV3 1.000 1,000,000.00 1,000,000.00 954,480.00 0.44 FHLB 1 9/30/2026 3130AP6D2 1.000 1,000,000.00 1,000,000.00 940,510.00 0.44 FHLB 1.125 10/14/2026 313OAPBS3 1.125 1,000,000.00 1,000,000.00 941,620.00 0.44 FHLB 1.13 7/20/2026 3130AN3R9 1.130 1,000,000.00 1,000,000.00 946,570.00 0.44 FHLB 1.3 11/24/2026-22 3130APU37 1.326 1,000,000.00 998,750.00 941,280.00 0.44 FHLB 1.31 10/28/2026 3130APLN3 1.310 1,000,000.00 1,000,000.00 943,340.00 0.44 FHLB 1.375 11/16/2026 3130APLP8 1.375 1,000,000.00 1,000,000.00 943,310.00 0.44 Description CUSIP/Ticker YTM @
Cost Face Amount/Shares Cost Value Market Value % of Portfolio FHLB 1.5 1/27/2027 3130AQHM8 1.500 1,000,000.00 1,000,000.00 940,690.00 0.44 FHLMC 2.05 3/17/2025 3134GXMJO 2.060 1,000,000.00 999,701.62 990,650.00 0.44 FHLMC 4.12 9/29/2025 3134GX2M5 4.145 1,000,000.00 999,273.00 995,960.00 0.44 FHLMC 5.2 2/24/2026 3134GYH96 5.259 500,000.00 499,177.36 499,730.00 0.22 FHLMC 5.25 2/17/2026-24 3134GYJ86 5.268 500,000.00 499,750.00 499,835.00 0.22 Sub Total / Average US Agency 1.791 19,996,450.64 19,981,951.89 19,248,072.24 8.76 US Treasury
T-Bond 1.125 1/22/2025 91282CDS7 1.125 1,000,000.00 1,000,000.00 992,870.00 0.44 T-Bond 3.125 8/15/2025 91282CFE6 3.246 1,000,000.00 996,573.44 990,270.00 0.44 T-Bond 4.125 2/15/2027 91282CKA8 4.424 1,000,000.00 991,750.00 999,380.00 0.44 T-Note 3 7/15/2025 91282CEY3 4.739 2,000,000.00 1,966,765.62 1,982,040.00 0.88 T-Note 3.375 9/15/2027 91282CLL3 3.475 1,000,000.00 997,215.63 979,840.00 0.44 T-Note 3.5 9/30/2026 91282CLP4 3.586 1,000,000.00 998,351.56 987,730.00 0.44 T-Note 4 1/31/2029 91282CJW2 4.283 1,000,000.00 987,532.55 993,360.00 0.44 T-Note 4 2/25/2026 91282CGL9 4.469 1,000,000.00 989,003.13 996,880.00 0.44 Sub Total / Average US Treasury 3.787 9,000,000.00 8,927,191.93 8,922,370.00 3.94 Total / Average 3.532 228,193,358.47 228,097,021.14 227,217,273.33 100
CITY OF CARSON SUCCESSOR AGENCY PORTFOLIO RESERVES SUMMARY
FOR THE MONTH ENDING
OCTOBER 31, 2024
Description CUSIP/Ticker Security Type YTM @ Cost Face
Amount/Shares Cost Value Market Value % of
Portfolio
Successor Agency - City of Carson
LAIF LGIP LGIP9016 Local Government Investment
Pool 4.518 1,447,117.63 1,447,117.63 65,380.77 19.18
Preferred Bank Cash MM0099 Cash 3.350 6,096,349.47 6,096,349.47 204,227.71 80.82 Sub Total / Average Successor Agency - City of Carson 3.574 7,543,467.10 7,543,467.10 269,608.48 100.00 Total / Average 3.574 7,543,467.10 7,543,467.10 269,608.48 100
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 12. To: Honorable Mayor and City Council From: William Jefferson, Director of Finance FIN Accounting Subject: CONSIDER ADOPTING RESOLUTION NO. 24-111, A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $14,693,122.47, DEMANDCHECK NUMBERS 176070 THROUGH 176447 (CITY COUNCIL) I. SUMMARY
RESOLUTION NO. 24-111, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMSAND DEMANDS IN THE AMOUNT OF $14,693,122.47, DEMAND CHECK NUMBERS 176070 THROUGH 176447.
II. RECOMMENDATION
WAIVE further reading and ADOPT Resolution No. 24-111, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON RATIFYING CLAIMS AND DEMANDS IN THE AMOUNT OF $14,693,122.47, DEMAND CHECK NUMBERS 176070 THROUGH 176447."
III. ALTERNATIVES
NONE.
IV. BACKGROUND
THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The claims and demands have been reviewed and verified for accuracy and compliance with thebudget and applicable agreements and are hereby ratified in the amount herein after set forth, a copy of which isattached hereto as Exhibit No. 1. SECTION 2: On December 3, 2024, the City Council ratified the above demand numbers 176070 through 176447.The City Treasurer is hereby directed to pay out the funds named hereon, to each of the claimants listed above, theamount of warrant appearing opposite their respective names, for the purpose stated on the respective demands,making a total of $14,693,122.47. SECTION 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into thebook of original resolutions. PASSED, APPROVED, and ADOPTED this 3RD DAY OF DECEMBER, 2024. APPROVED AS TO FORM: ________________________________________ 701 East Carson Street
Sunny K. Soltani, City Attorney CITY OF CARSON: _________________________________________Lula Davis-Holmes, Mayor ATTEST: _________________________________________Dr. Khaleah K. Bradshaw, City Clerk V. FISCAL IMPACT
CERTIFICATION In accordance with Section 37202 of the California Government Code, I hereby certify that the above demands areaccurate and that funds are available for payment thereof. I certify under penalty of perjury that the foregoing istrue and correct. EXECUTED THE 3RD DAY OF DECEMBER, 2024 AT CARSON, CALIFORNIA: ____________________________________ David C. Roberts, Jr., City Manager STATE OF CALIFORNIA )COUNTY OF LOS ANGELES ) ss.CITY OF CARSON ) I, Dr. Khaleah K. Bradshaw, City Clerk of the City of Carson, California, hereby attest to and certify that the foregoingresolution, being Resolution No. 24-111, adopted by the City of Carson City Council at its meeting held onDecember 3, 2024 by the following vote: AYES: COUNCIL MEMBERS:NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: _____________________________________Dr. Khaleah K. Bradshaw, City Clerk VI. EXHIBITS
EXHIBIT TO DEMAND REGISTER RESOLUTION #24-111
Attachments
Exhibit 1 Demand Register Reso# 24-111.pdf
City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176070 11/07/2024 PRINTED 000418 4IMPRINT INC 1,941.73 176071 11/07/2024 PRINTED 007077 ADVANCED IMAGING STRATEGI 14,744.85 176072 11/07/2024 PRINTED 000797 ALESHIRE AND WYNDER LLP 333,322.98 176073 11/07/2024 PRINTED 008232 ALEXANDRA TAYLOR 250.00 176074 11/07/2024 PRINTED 000042 ALIN PARTY SUPPLY CO 376.86 176075 11/07/2024 PRINTED 004388 AIS TRUST ACCOUNT NEWPORT 211.57 176076 11/07/2024 PRINTED 005523 AMAZON CAPITAL SERVICES 805.12 176077 11/07/2024 PRINTED 006675 AMERICAN TRANSPORTATION S 934.62 176078 11/07/2024 PRINTED 004920 CESAR BARAJAS 4,300.00 176079 11/07/2024 PRINTED 007051 BASIC BENEFITS LLC 1,200.00 176080 11/07/2024 PRINTED 003981 BIOMETRICS 4 ALL INC 7.50 176081 11/07/2024 PRINTED 001438 BLUE DIAMOND MATERIALS 4,065.52 176082 11/07/2024 PRINTED 006076 BRI CONSULTING GROUP, INC 8,512.50 176083 11/07/2024 PRINTED 001627 BSN SPORTS LLC 524.69 176084 11/07/2024 PRINTED 008063 CADE GOTTHARDT 250.00 176085 11/07/2024 PRINTED 004165 CALIFORNIA CONSULTING 5,000.00 176086 11/07/2024 PRINTED 000079 CALIFORNIA WATER SERVICE 74,793.04 176087 11/07/2024 PRINTED 000657 CARSON HIGH SCHOOL 400.00 176088 11/07/2024 PRINTED 008304 CASMIR BRASGA 4,950.00 176089 11/07/2024 PRINTED 000351 CHEM PRO LABORATORY INC 638.40 176090 11/07/2024 PRINTED 001489 CHOURA VENUE SERVICES 32,371.99 176091 11/07/2024 PRINTED 004947 CINDY'S JUMPERS 4,621.74 176092 11/07/2024 PRINTED 000114 CITY OF CARSON PETTY CASH 289.56 176093 11/07/2024 PRINTED 000062 CITY OF LOS ANGELES 1,787.24 176094 11/07/2024 PRINTED 000803 CLEAN ENERGY 3,366.55 176095 11/07/2024 PRINTED 001311 LOUIS JOSEPH COGUT 50.00 176096 11/07/2024 PRINTED 008325 COLOR CARD ADMINISTRATOR, 104.88 176097 11/07/2024 PRINTED 008453 COREY GUY 200.00 176098 11/07/2024 PRINTED 007159 CORODATA RECORDS MANAGEME 1,461.06 176099 11/07/2024 PRINTED 001180 COUNTY OF LOS ANGELES 258.15 176100 11/07/2024 PRINTED 000127 DAILY BREEZE NEWSPAPER 528.69 176101 11/07/2024 PRINTED 007176 DAVEY COACH SALES INC. 362.92 176102 11/07/2024 PRINTED 007492 DEFENDIFY 6,227.66 176103 11/07/2024 PRINTED 007595 DONNIE R. DORSEY 50.00 176104 11/07/2024 PRINTED 006876 DONS AUDIO VISUAL 77.00 176105 11/07/2024 PRINTED 004385 DYETT & BHATIA URBAN AND 44,650.00 176106 11/07/2024 PRINTED 001105 EAGLE PORTABLES SANITATIO 1,065.13 176107 11/07/2024 PRINTED 007512 EDDINGS ENTERPRISES, INC. 3,780.93 176108 11/07/2024 PRINTED 007113 EPROMOS PROMOTIONAL PRODU 1,447.69 176109 11/07/2024 PRINTED 000039 EWING IRRIGATION PRODUCTS 247.82 176110 11/07/2024 PRINTED 004019 FLEETCREW MAINTENANCE SOL 1,567.00 176111 11/07/2024 PRINTED 004437 GALLS LLC 169.13 176112 11/07/2024 PRINTED 001268 GBROS INC 1,115.73 176113 11/07/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 249.23 176114 11/07/2024 PRINTED 000865 GOODWILL LONG BEACH AND S 8,150.00 176115 11/07/2024 PRINTED 008352 GRAFFITI PROTECTIVE COATI 3,992.32 176116 11/07/2024 PRINTED 000793 GRAINGER 305.74 176117 11/07/2024 PRINTED 005113 HARRELL AND COMPANY ADVIS 4,500.00 176118 11/07/2024 PRINTED 004303 ALICE CLARK HARRIS 50.00 176119 11/07/2024 PRINTED 001565 PHYLLIS HAYES 50.00 176120 11/07/2024 PRINTED 000532 HDL COREN AND CONE 4,551.90 176121 11/07/2024 PRINTED 007678 HEIDI LETICIA ROMERO 50.00 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176122 11/07/2024 PRINTED 008446 HELENSTAR 2, LLC 10,000.00 176123 11/07/2024 PRINTED 000234 THE HOME DEPOT INC 747.38 176124 11/07/2024 PRINTED 004229 MARIA HORTON 50.00 176125 11/07/2024 PRINTED 001210 HYGRADE PLANTING MIX 738.00 176126 11/07/2024 PRINTED 008314 INTERIOR PLUS, INC 234,547.52 176127 11/07/2024 PRINTED 000904 NELLIE K LUA 181.91 176128 11/07/2024 PRINTED 006303 INDUSTRIAL TECH. SVCS., D 1,145.00 176129 11/07/2024 PRINTED 007588 JEFFREY GLENN ALLEN 50.00 176130 11/07/2024 PRINTED 007688 JOKER PARTY SUPPLY, INC. 1,442.49 176131 11/07/2024 PRINTED 008458 JUAN ESTRADA 50.00 176132 11/07/2024 PRINTED 007093 KILEY & ASSOCIATES LLC 5,000.00 176133 11/07/2024 PRINTED 001191 TOM KING 50.00 176134 11/07/2024 PRINTED 000094 LAKESHORE LEARNING MATERI 6,508.22 176135 11/07/2024 PRINTED 007866 LAWRENCE MICHAEL FLINTON 50.00 176136 11/07/2024 PRINTED 004428 LAWSON PRODUCTS INC 220.85 176137 11/07/2024 PRINTED 008264 LIFE AND TIMES NETWORK IN 2,497.17 176138 11/07/2024 PRINTED 006731 LIFESTATION INC 789.53 176139 11/07/2024 PRINTED 008197 LIFTECH ELEVATOR SERVICES 957.00 176140 11/07/2024 PRINTED 000070 LOS ANGELES COUNTY DEPT O 67,497.65 176141 11/07/2024 PRINTED 000074 LOS ANGELES COUNTY SHERIF 61,441.24 176142 11/07/2024 PRINTED 008450 METRO FUSION, INC 25,000.00 176143 11/07/2024 PRINTED 007605 MICHAEL K WILSON 50.00 176144 11/07/2024 PRINTED 006424 MOHAWK FACTORING II INC 10,162.23 176145 11/07/2024 PRINTED 007851 NAVIN SAMI 12,275.00 176146 11/07/2024 PRINTED 007851 NAVIN SAMI 21,140.00 176147 11/07/2024 PRINTED 000481 OCEAN BLUE ENVIRONMENTAL 4,805.10 176148 11/07/2024 PRINTED 010999 JENICE MILLER 508.53 176149 11/07/2024 PRINTED 010999 JOHN MERRILL 14.80 176150 11/07/2024 PRINTED 000460 PETES ROAD SERVICE INC 849.31 176151 11/07/2024 PRINTED 002506 PHOTO MAKERS 386.88 176152 11/07/2024 PRINTED 001020 PITNEY BOWES 1,053.96 176153 11/07/2024 PRINTED 000746 PITNEY BOWES GLOBAL FINAN 15,000.00 176154 11/07/2024 PRINTED 007372 PROTIME SPORTS INC 419.45 176155 11/07/2024 PRINTED 005066 R J NOBLE COMPANY 466,413.79 176156 11/07/2024 PRINTED 000119 RED WING SHOE STORE 4,272.60 176157 11/07/2024 PRINTED 010000 CARLOS HILLIARD 2,016.16 176158 11/07/2024 PRINTED 010000 CASAR DESCARGAR 305.64 176159 11/07/2024 PRINTED 010000 CHARTER COMMUNICATIONS 240.00 176160 11/07/2024 PRINTED 010000 DYLAN MCMURTY 194.34 176161 11/07/2024 PRINTED 010000 JOHNATHAN FALCON 2,000.00 176162 11/07/2024 PRINTED 010000 LATANYA WHITE 250.00 176163 11/07/2024 PRINTED 010000 SOUTHERN CALIFORNIA EDISO 740.00 176164 11/07/2024 PRINTED 010000 TAYLOR WEST 200.00 176165 11/07/2024 PRINTED 000750 RKA CONSULTING GROUP 5,021.56 176166 11/07/2024 PRINTED 000402 ROADLINE PRODUCTS INC USA 2,618.11 176167 11/07/2024 PRINTED 002740 ROSEBURROUGH TOOL COMPANY 1,526.67 176168 11/07/2024 PRINTED 000427 SAM'S CLUB DIRECT 5,621.60 176169 11/07/2024 PRINTED 007957 SAMUEL DACUS 50.00 176170 11/07/2024 PRINTED 008451 SHEILA RICHARDSON 50.00 176171 11/07/2024 PRINTED 000191 SMARDAN SUPPLY 485.41 176172 11/07/2024 PRINTED 000211 SMART AND FINAL IRIS 1,493.96 176173 11/07/2024 PRINTED 000240 SOUTHERN CALIFORNIA EDISO 142,021.37 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176174 11/07/2024 PRINTED 007386 KAISER FOUNDATION HEALTH 315.00 176175 11/07/2024 PRINTED 000189 SOUTH COAST AIR QUALITY M 541.04 176176 11/07/2024 PRINTED 006384 CHARTER COMMUNICATIONS 13,188.64 176177 11/07/2024 PRINTED 000082 STATE OF CA EMPLOYMENT DE 16,358.00 176178 11/07/2024 PRINTED 000461 STATE WATER RESOURCES CON 548.00 176179 11/07/2024 PRINTED 006654 SWANK MOTION PICTURES INC 1,055.00 176180 11/07/2024 PRINTED 005013 SWAYZER CORPORATION 19,910.00 176181 11/07/2024 PRINTED 007090 T-MOBILE USA INC. 3,525.76 176182 11/07/2024 PRINTED 008106 TOTUM CORP 421.25 176183 11/07/2024 PRINTED 006970 TRANE U.S. INC. 1,555.24 176184 11/07/2024 PRINTED 007705 TRANSTECH ENGINEERS, INC. 507,237.05 176185 11/07/2024 PRINTED 004017 TYLER TECHNOLOGIES 8,149.86 176186 11/07/2024 PRINTED 006769 U S BANK CORPORATE PAYMEN 238.56 176187 11/07/2024 PRINTED 006769 CITY MANAGER 126.47 176188 11/07/2024 PRINTED 008439 UAG CERRITOS I, LLC 61,414.69 176189 11/07/2024 PRINTED 006404 UNIFIRST CORPORATION 1,087.38 176190 11/07/2024 PRINTED 001741 DANIEL VALDEZ 50.00 176191 11/07/2024 PRINTED 001120 RAYMOND VELASCO 90.99 176192 11/07/2024 PRINTED 001249 VERIZON WIRELESS 350.58 176193 11/07/2024 PRINTED 008424 SMITH FAMILY CHILD CARE L 25,000.00 176194 11/07/2024 PRINTED 005511 VULCAN MATERIALS CO. 26.52 176195 11/07/2024 PRINTED 000562 THE WALKING MAN INC 5,175.00 176196 11/07/2024 PRINTED 006220 WASTE RESOURCES, INC 529,884.97 176197 11/07/2024 PRINTED 000212 WEST COAST ARBORISTS 113,527.20 176198 11/07/2024 PRINTED 002212 HD SUPPLY CONSTRUCTION 355.12 176199 11/07/2024 PRINTED 007219 WILLIAM DAVIS 50.00 176200 11/14/2024 PRINTED 004020 ABTECH TECHNOLOGIES INC 847.70 176201 11/14/2024 PRINTED 007862 ADL PLANNING ASSOCIATES, 107,476.28 176202 11/14/2024 PRINTED 006659 AGRI-TURF DISTRIBUTING 937.13 176203 11/14/2024 PRINTED 000797 ALESHIRE AND WYNDER LLP 6,840.00 176204 11/14/2024 PRINTED 000346 ALL AMERICAN ASPHALT 1,572,581.17 176205 11/14/2024 PRINTED 006506 ALL IN ONE PARTIES 465.00 176206 11/14/2024 PRINTED 006557 ALL STAR GLASS INC 528.99 176207 11/14/2024 PRINTED 007864 ALTA PLANNING + DESIGN, I 15,070.31 176208 11/14/2024 PRINTED 005523 AMAZON CAPITAL SERVICES 188.40 176209 11/14/2024 PRINTED 000974 AT & T ALARM CIRCUITS 841.61 176210 11/14/2024 PRINTED 001001 AT&T PHONE 2,023.32 176211 11/14/2024 PRINTED 004410 B D WHITE TOP SOIL CO INC 8,422.51 176212 11/14/2024 PRINTED 008194 BARRIOS & ASSOCIATES, LLC 9,810.00 176213 11/14/2024 PRINTED 000697 BIG ANDYS TROPHIES AND PL 2,812.48 176214 11/14/2024 PRINTED 001627 BSN SPORTS LLC 5,242.30 176215 11/14/2024 PRINTED 008289 BYRON L. SMITH 50.00 176216 11/14/2024 PRINTED 000405 CALPERS 10,242.92 176217 11/14/2024 PRINTED 008411 CALTEC CORP 106,875.00 176218 11/14/2024 PRINTED 000140 CARL WARREN AND CO 10,491.00 176219 11/14/2024 PRINTED 001610 CHICAGO TITLE CO 8.00 176220 11/14/2024 PRINTED 000062 CITY OF LOS ANGELES 1,863.49 176221 11/14/2024 PRINTED 007718 CLIVABETH PHOTOGRAPHY LLC 2,065.00 176222 11/14/2024 PRINTED 004227 CONNIE DELA CRUZ-MANIO 50.00 176223 11/14/2024 PRINTED 008416 CORKY'S PEST CONTROL INC. 3,855.00 176224 11/14/2024 PRINTED 001629 CORTEZ GRAPHICS 606.38 176225 11/14/2024 PRINTED 001629 CORTEZ GRAPHICS 237.04 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176226 11/14/2024 PRINTED 001180 COUNTY OF LOS ANGELES 6,900.71 176227 11/14/2024 PRINTED 003586 CS AND ASSOCIATES INC 4,390.00 176228 11/14/2024 PRINTED 000127 DAILY BREEZE NEWSPAPER 2,495.33 176229 11/14/2024 PRINTED 000268 DAILY JOURNAL CORP 198.40 176230 11/14/2024 PRINTED 006396 KIMBERLEY DAVENPORT 50.00 176231 11/14/2024 PRINTED 007176 DAVEY COACH SALES INC. 12,836.75 176232 11/14/2024 PRINTED 007633 DCMC, LLC 1,289.00 176233 11/14/2024 PRINTED 006876 DONS AUDIO VISUAL 3,539.50 176234 11/14/2024 PRINTED 007707 DOROTHY J. ROSS 50.00 176235 11/14/2024 PRINTED 007512 EDDINGS ENTERPRISES, INC. 5,864.83 176236 11/14/2024 PRINTED 008433 EDLIN GALLAGHER HUIE & BL 5,000.00 176237 11/14/2024 PRINTED 000039 EWING IRRIGATION PRODUCTS 2,362.78 176238 11/14/2024 PRINTED 008107 FCG CONSULTANTS INC 71,454.02 176239 11/14/2024 PRINTED 004223 YOLANDA FIELDER 50.00 176240 11/14/2024 PRINTED 002192 LEANDREA FIELDS-ROBINSON 50.00 176241 11/14/2024 PRINTED 001849 CAROLYN FOSTER 50.00 176242 11/14/2024 PRINTED 001268 GBROS INC 64.50 176243 11/14/2024 PRINTED 008296 GEYRHALTER DESIGN, INC 15,050.00 176244 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 9,483.28 176245 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 249.23 176246 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 154.52 176247 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 220.55 176248 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 300.58 176249 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 432.65 176250 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 43.26 176251 11/14/2024 PRINTED 000941 GOLDEN STATE WATER COMPAN 3,400.90 176252 11/14/2024 PRINTED 008132 HASA INC 1,252.45 176253 11/14/2024 PRINTED 007378 HERC RENTALS INC. 2,854.68 176254 11/14/2024 PRINTED 000234 THE HOME DEPOT INC 6,480.57 176255 11/14/2024 PRINTED 003108 SUSAN HOUZE 50.00 176256 11/14/2024 PRINTED 008135 SUSTAINABLE ENVIRONMENTAL 9,200.00 176257 11/14/2024 PRINTED 000514 HUNTINGTON HARDWARE CO IN 7,271.92 176258 11/14/2024 PRINTED 007655 IDS GROUP, INC 3,017.25 176259 11/14/2024 PRINTED 001798 CHINYERE IFEACHO 50.00 176260 11/14/2024 PRINTED 007778 IRENE T. VIERNES 50.00 176261 11/14/2024 PRINTED 000152 JERRYS CLEANERS 200.00 176262 11/14/2024 PRINTED 006528 JOHN CRUIKSHANK CONSULTAN 17,877.15 176263 11/14/2024 PRINTED 008148 KEICHUN LERAINE GRAVES 50.00 176264 11/14/2024 PRINTED 004428 LAWSON PRODUCTS INC 3,325.56 176265 11/14/2024 PRINTED 008171 LEARNING TREE INTERNATION 19,260.00 176266 11/14/2024 PRINTED 000070 LOS ANGELES COUNTY DEPT O 20,461.10 176267 11/14/2024 PRINTED 000070 LOS ANGELES COUNTY DEPT O 89,260.22 176268 11/14/2024 PRINTED 000072 BUSINESS FILINGS AND REGI 75.00 176269 11/14/2024 PRINTED 000074 LOS ANGELES COUNTY SHERIF 89,392.83 176270 11/14/2024 PRINTED 006884 LYFT, INC. 8,422.29 176271 11/14/2024 PRINTED 007248 MARIA'S GARDEN CENTER & L 2,450.02 176272 11/14/2024 PRINTED 008434 MILAGRO MEDIA STRATEGIES 12,600.00 176273 11/14/2024 PRINTED 008036 MONIQUE MACKSON 50.00 176274 11/14/2024 PRINTED 000599 MR HOSE INC 301.71 176275 11/14/2024 PRINTED 007851 NAVIN SAMI 1,350.00 176276 11/14/2024 PRINTED 000563 JANNY NOA 95.68 176277 11/14/2024 PRINTED 010999 IAN HOLST 30.77 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176278 11/14/2024 PRINTED 010999 KENT TRAN 139.86 176279 11/14/2024 PRINTED 010999 KENT TRAN 717.62 176280 11/14/2024 PRINTED 008442 ORDWAY CORPORATION 625.00 176281 11/14/2024 PRINTED 003099 PAMELA PITCHER 50.00 176282 11/14/2024 PRINTED 008261 PLAY ANYWHERE SPORTS, INC 1,759.13 176283 11/14/2024 PRINTED 001149 DENICE PRICE 50.00 176284 11/14/2024 PRINTED 000584 PSOMAS 11,440.00 176285 11/14/2024 PRINTED 005066 R J NOBLE COMPANY 4,773,808.47 176286 11/14/2024 PRINTED 001255 JESSICA RAMOS 50.00 176287 11/14/2024 PRINTED 004145 CASSANDRA REED 50.00 176288 11/14/2024 PRINTED 008080 REVIZE LLC 34,375.00 176289 11/14/2024 PRINTED 010000 FREEDOM FOREVER LLC 373.05 176290 11/14/2024 PRINTED 010000 MARY LOUISE BATISTE 500.00 176291 11/14/2024 PRINTED 007240 RJM DESIGN GROUP, INC. 11,326.02 176292 11/14/2024 PRINTED 008216 ROBERT HALF INC. 3,420.00 176293 11/14/2024 PRINTED 001230 ROBERTSONS READY MIX CONC 1,256.75 176294 11/14/2024 PRINTED 003585 RSG INC 2,225.00 176295 11/14/2024 PRINTED 001715 HARRIETT RUSS 50.00 176296 11/14/2024 PRINTED 000427 SAM'S CLUB DIRECT 1,957.28 176297 11/14/2024 PRINTED 000158 LIWAYWAY N SANTOS 171.52 176298 11/14/2024 PRINTED 006964 SCCI, INC. 550.00 176299 11/14/2024 PRINTED 001667 SEA COAST DESIGN GROUP IN 652.26 176300 11/14/2024 PRINTED 008457 SHERYL NICKLES-WEEMES FAM 25,000.00 176301 11/14/2024 PRINTED 007052 SL CARSON BUILDERS, LLC 35,429.00 176302 11/14/2024 PRINTED 000191 SMARDAN SUPPLY 1,741.98 176303 11/14/2024 PRINTED 007812 SONYA EATMAN 50.00 176304 11/14/2024 PRINTED 003100 LINDA STEWART 50.00 176305 11/14/2024 PRINTED 007090 T-MOBILE USA INC. 2,204.89 176306 11/14/2024 PRINTED 007780 TERESITA J. JUNIO 50.00 176307 11/14/2024 PRINTED 001005 TORO AIRE INC 1,945.91 176308 11/14/2024 PRINTED 006970 TRANE U.S. INC. 349,367.35 176309 11/14/2024 PRINTED 001758 SHEILA TRESVANT 50.00 176310 11/14/2024 PRINTED 000035 TURF STAR INC 180.09 176311 11/14/2024 PRINTED 004017 TYLER TECHNOLOGIES 31,900.00 176312 11/14/2024 PRINTED 007191 VERNE'S PLUMBING, INC. 1,235.00 176313 11/14/2024 PRINTED 000591 WAYNE HARMEIER INC 1,370.26 176314 11/14/2024 PRINTED 000212 WEST COAST ARBORISTS 7,971.30 176315 11/14/2024 PRINTED 002212 HD SUPPLY CONSTRUCTION 88.73 176316 11/14/2024 PRINTED 000144 YAMADA CO INC 284.69 176317 11/21/2024 PRINTED 002904 ADMINSURE INC 9,363.00 176318 11/21/2024 PRINTED 000797 ALESHIRE AND WYNDER LLP 630,656.45 176319 11/21/2024 PRINTED 000042 ALIN PARTY SUPPLY CO 367.52 176320 11/21/2024 PRINTED 006506 ALL IN ONE PARTIES 685.00 176321 11/21/2024 PRINTED 004388 AIS TRUST ACCOUNT NEWPORT 593.00 176322 11/21/2024 PRINTED 007004 ALLTECH INDUSTRIES INC 83,647.08 176323 11/21/2024 PRINTED 005523 AMAZON CAPITAL SERVICES 950.75 176324 11/21/2024 PRINTED 008151 AMER JAKHER 32,175.00 176325 11/21/2024 PRINTED 006675 AMERICAN TRANSPORTATION S 1,311.90 176326 11/21/2024 PRINTED 003927 ARAMSCO INC 57.91 176327 11/21/2024 PRINTED 002177 ARIZONA MACHINERY LLC 123.23 176328 11/21/2024 PRINTED 001001 AT&T PHONE 9,557.84 176329 11/21/2024 PRINTED 001825 AVALON COLLISION 2,780.22 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176330 11/21/2024 PRINTED 004410 B D WHITE TOP SOIL CO INC 574.41 176331 11/21/2024 PRINTED 007051 BASIC BENEFITS LLC 1,005.89 176332 11/21/2024 PRINTED 001438 BLUE DIAMOND MATERIALS 2,562.89 176333 11/21/2024 PRINTED 007365 BLUETRITON BRANDS, INC. 4,417.30 176334 11/21/2024 PRINTED 006293 RUDOLFO BRILLANTES 50.00 176335 11/21/2024 PRINTED 001713 KELVIN BROWN SR 50.00 176336 11/21/2024 PRINTED 001031 JESUS-ALEX CAINGLET 50.00 176337 11/21/2024 PRINTED 007225 CAJA ENVIRONMENTAL SERVIC 6,220.00 176338 11/21/2024 PRINTED 000280 CALIFORNIA FENCE AND SUPP 50,424.10 176339 11/21/2024 PRINTED 007161 CARLOS ALBERTO GUERRA 100.00 176340 11/21/2024 PRINTED 001489 CHOURA VENUE SERVICES 368.35 176341 11/21/2024 PRINTED 004168 CIGNA BEHAVIORAL HEALTH I 681.45 176342 11/21/2024 PRINTED 004947 CINDY'S JUMPERS 945.00 176343 11/21/2024 PRINTED 008033 CLARENCE JOHNSON 100.00 176344 11/21/2024 PRINTED 008082 CLIMATEC LLC 1,390.00 176345 11/21/2024 PRINTED 008325 COLOR CARD ADMINISTRATOR, 147.88 176346 11/21/2024 PRINTED 008423 LA-RICS 4,920.00 176347 11/21/2024 PRINTED 001180 COUNTY OF LOS ANGELES 1,974.62 176348 11/21/2024 PRINTED 008388 CRAFTWATER ENGINEERING, I 59,691.22 176349 11/21/2024 PRINTED 000760 CSUDH PHILANTHROPIC FOUND 23,735.00 176350 11/21/2024 PRINTED 006467 CESAR DAHILIG 50.00 176351 11/21/2024 PRINTED 000127 DAILY BREEZE NEWSPAPER 1,877.05 176352 11/21/2024 PRINTED 000268 DAILY JOURNAL CORP 88.80 176353 11/21/2024 PRINTED 007176 DAVEY COACH SALES INC. 1,450.17 176354 11/21/2024 PRINTED 000658 DELL 286,566.51 176355 11/21/2024 PRINTED 007163 DIANNE THOMAS 100.00 176356 11/21/2024 PRINTED 006465 LOUIE DIAZ 100.00 176357 11/21/2024 PRINTED 000534 DIRECTV 267.99 176358 11/21/2024 PRINTED 001155 DISH 143.46 176359 11/21/2024 PRINTED 006482 FREDERICK DOCDOCIL 100.00 176360 11/21/2024 PRINTED 006876 DONS AUDIO VISUAL 1,011.50 176361 11/21/2024 PRINTED 000399 DUNN EDWARDS PAINT CO 1,215.66 176362 11/21/2024 PRINTED 000039 EWING IRRIGATION PRODUCTS 3,606.83 176363 11/21/2024 PRINTED 008441 FABIAN L. BITANGA, JR. 24,250.00 176364 11/21/2024 PRINTED 008107 FCG CONSULTANTS INC 11,621.22 176365 11/21/2024 PRINTED 004437 GALLS LLC 92.36 176366 11/21/2024 PRINTED 006085 GARCIA, MARIA DE JESUS 84.47 176367 11/21/2024 PRINTED 001268 GBROS INC 2,028.98 176368 11/21/2024 PRINTED 007377 GO EUN HAN 9,922.50 176369 11/21/2024 PRINTED 001293 WALTER GONZALEZ 50.00 176370 11/21/2024 PRINTED 008352 GRAFFITI PROTECTIVE COATI 5,594.66 176371 11/21/2024 PRINTED 000793 GRAINGER 3,766.42 176372 11/21/2024 PRINTED 005525 GREENBERG TRAURIG LLP 25,348.50 176373 11/21/2024 PRINTED 000234 THE HOME DEPOT INC 2,407.11 176374 11/21/2024 PRINTED 000615 DELL HUFF 100.00 176375 11/21/2024 PRINTED 008338 HUMAN-I-T 1,110.00 176376 11/21/2024 PRINTED 001308 JAG TAG ENTERPRISES INC 11,200.00 176377 11/21/2024 PRINTED 007162 JAIME G. MONTECLARO 100.00 176378 11/21/2024 PRINTED 006292 JAMES NGUYEN 47.97 176379 11/21/2024 PRINTED 000152 JERRYS CLEANERS 4,978.00 176380 11/21/2024 PRINTED 004935 JACQUELINE JOHNSON 50.00 176381 11/21/2024 PRINTED 007688 JOKER PARTY SUPPLY, INC. 393.77 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176382 11/21/2024 PRINTED 007672 KELLY PAPER COMPANY 57.16 176383 11/21/2024 PRINTED 007323 KISA ASHANTE HILLIARD 50.00 176384 11/21/2024 PRINTED 008363 LANDSCAPE COMMUNICATIONS, 975.00 176385 11/21/2024 PRINTED 000923 DE ANTHONY LANGSTON 50.00 176386 11/21/2024 PRINTED 000663 LANGUAGE NETWORK 1,645.85 176387 11/21/2024 PRINTED 004428 LAWSON PRODUCTS INC 78.94 176388 11/21/2024 PRINTED 007280 LETICIA VASQUEZ WILSON 100.00 176389 11/21/2024 PRINTED 004284 LIFE INSURANCE COMPANY OF 31,547.70 176390 11/21/2024 PRINTED 006668 LOS ANGELES CONSERVATION 36,670.70 176391 11/21/2024 PRINTED 000178 LOS ANGELES COUNTY 6.00 176392 11/21/2024 PRINTED 000074 LOS ANGELES COUNTY SHERIF 2,103,084.31 176393 11/21/2024 PRINTED 008456 MARIA E. CHAVEZ PATINO 25,000.00 176394 11/21/2024 PRINTED 007248 MARIA'S GARDEN CENTER & L 310.46 176395 11/21/2024 PRINTED 007966 MARINA GRAPHIC CENTER, IN 4,471.74 176396 11/21/2024 PRINTED 008191 MATTHEWS FAMILY COUNSELIN 2,200.00 176397 11/21/2024 PRINTED 000669 MDG ASSOCIATES 15,656.50 176398 11/21/2024 PRINTED 007428 MFUME, DEQUITA 100.00 176399 11/21/2024 PRINTED 007664 WILLIAMS SCOTSMAN, INC. 732.57 176400 11/21/2024 PRINTED 007851 NAVIN SAMI 8,525.00 176401 11/21/2024 PRINTED 000112 NIXON EGLI EQUIPMENT CO 276,882.73 176402 11/21/2024 PRINTED 008444 NLS LIGHTING LLC 9,253.30 176403 11/21/2024 PRINTED 000563 JANNY NOA 94.60 176404 11/21/2024 PRINTED 000250 NORMS REFRIGERATION 6,651.06 176405 11/21/2024 PRINTED 000426 OFFICE DEPOT 380.07 176406 11/21/2024 PRINTED 010999 DAVID ROBERTS 1,726.93 176407 11/21/2024 PRINTED 010999 IAN HOLST 18.05 176408 11/21/2024 PRINTED 010999 JOSHUA BOUDREAUX 448.90 176409 11/21/2024 PRINTED 003832 PARS - PUBLIC AGENCY RETI 1,508.09 176410 11/21/2024 PRINTED 000528 PARTY PRONTO 1,772.00 176411 11/21/2024 PRINTED 000649 PEPE'S INC 425.00 176412 11/21/2024 PRINTED 000460 PETES ROAD SERVICE INC 239.25 176413 11/21/2024 PRINTED 000973 POLY CORR INDUSTRIES 6,118.88 176414 11/21/2024 PRINTED 001285 POWER WHOLESALE ELECTRIC 919.66 176415 11/21/2024 PRINTED 000588 REFRIGERATION SUPPLIES DI 423.18 176416 11/21/2024 PRINTED 010000 ALEX MARTINEZ 22.08 176417 11/21/2024 PRINTED 010000 MAGNOLIA SCIENCE ACADEMY 500.00 176418 11/21/2024 PRINTED 010000 SBE PRODUCTIONS US, LLC 430.00 176419 11/21/2024 PRINTED 000402 ROADLINE PRODUCTS INC USA 2,392.73 176420 11/21/2024 PRINTED 001230 ROBERTSONS READY MIX CONC 2,279.32 176421 11/21/2024 PRINTED 000120 S AND S WORLDWIDE INC 228.57 176422 11/21/2024 PRINTED 000427 SAM'S CLUB DIRECT 779.58 176423 11/21/2024 PRINTED 000158 LIWAYWAY N SANTOS 171.52 176424 11/21/2024 PRINTED 001605 SC FUELS 13,391.66 176425 11/21/2024 PRINTED 001667 SEA COAST DESIGN GROUP IN 652.26 176426 11/21/2024 PRINTED 000124 SEPULVEDA BUILDING MATERI 741.42 176427 11/21/2024 PRINTED 000191 SMARDAN SUPPLY 89.69 176428 11/21/2024 PRINTED 000211 SMART AND FINAL IRIS 664.57 176429 11/21/2024 PRINTED 000240 SOUTHERN CALIFORNIA EDISO 25,796.51 176430 11/21/2024 PRINTED 007784 DEPT. 143 2,411.65 176431 11/21/2024 PRINTED 004977 CHARTER COMMUNICATION 1,479.00 176432 11/21/2024 PRINTED 007012 T& G GLOBAL LLC 101,280.00 176433 11/21/2024 PRINTED 000718 STAPLES ADVANTAGE 495.75 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
FOR CASH ACCOUNT: 100-99-999-999-1010- FOR: All Except Stale CHECK # CHECK DATE TYPE VENDOR NAME UNCLEARED CLEARED BATCH CLEAR DATE 176434 11/21/2024 PRINTED 000289 STATE OF CA DOJ/ACCTG OFF 209.00 176435 11/21/2024 PRINTED 005079 TELECOM LAW FIRM, PC 307.50 176436 11/21/2024 PRINTED 006919 TRINICHIA JORDAN 179.76 176437 11/21/2024 PRINTED 000035 TURF STAR INC 5,025.95 176438 11/21/2024 PRINTED 006769 U S BANK CORPORATE PAYMEN 1,167.50 176439 11/21/2024 PRINTED 007726 UC ADVANTAGE, INC. 643.75 176440 11/21/2024 PRINTED 007191 VERNE'S PLUMBING, INC. 1,594.00 176441 11/21/2024 PRINTED 001011 W.G. ZIMMERMAN ENGINEERIN 7,200.00 176442 11/21/2024 PRINTED 000302 WAXIE SANITARY SUPPLY 1,588.85 176443 11/21/2024 PRINTED 000212 WEST COAST ARBORISTS 6,257.15 176444 11/21/2024 PRINTED 000361 WEST COAST SAND AND GRAVE 401.31 176445 11/21/2024 PRINTED 002212 HD SUPPLY CONSTRUCTION 230.70 176446 11/21/2024 PRINTED 001507 XTREME FITNESS 1,254.75 176447 11/21/2024 PRINTED 007777 National Corrosion 11,162.00 378 CHECKS CASH ACCOUNT TOTAL 14,693,122.47 .00 City of Carson
AP CHECK RECONCILIATION REGISTER
Report generated: 11/25/2024 07:50
User: bbrown
Program ID: apchkrcn
UNCLEARED CLEARED
378 CHECKS FINAL TOTAL 14,693,122.47 .00 ** END OF REPORT - Generated by Breana Brown **
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 13. To: Honorable Mayor and City Council From: Michael George, Assistant to the City Manager CMO Administration Subject: CONSIDER AN UPDATE ON CITY COMMISSIONS (CITY COUNCIL) I. SUMMARY
This report provides an informational update to the City Council on the recent activities of City Commissions.
II. RECOMMENDATION
RECEIVE and FILE this report.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
Updates on recent and planned Commission activities are included below.
Economic Development Commission
The November 2024 Meeting of the EDC was canceled.
Environmental Commission
The Environmental Commission (EC) meeting scheduled for November 6, 2024, was canceled due to aconflict with the City Council’s revised meeting date. The next EC meeting is set for Wednesday,December 4th, at 6:30 p.m. at City Hall.
Public Works Commission
The Public Works Commission met on November 18, 2024. Director Rodgers provided an update to thecommissioners on CIP projects. Staff presented an update on the status of the City of Carson ActiveTransportation and Community Connectivity Plan. Staff then presented an appeal of a denial of a speedhump petition. The Commission also heard from residents regarding a separate speed hump petition.Director Rodgers provided an update on maintenance issues within the City in response to a questionfrom commissioners last month.
Human Relations Commission
701 East Carson Street
On November 20, 2024, the Human Relations Commission successfully held their regular monthlymeeting. The Commissioners went over their application renewal and attendance record. Staff wasinstructed to work with City Clerk Office to convey the Commission’s recommendations made to have achange of Youth Commissioners. All Commissioners will follow up in-person with the schools to remindthe participation for the Rising Star Essay Contest. The Food Pantry Ad Hoc Committee reported on theirmonthly effort of donation dropping off in October, and presented a letter of thanks from CSUDH’sAdministration to the Commission. They will reconvene in December for their regular meeting.
Parks, Recreation, and Cultural Arts Commission
The Parks, Recreation, and Cultural Arts Commission (PRCAC) convened on Thursday, November 7,2024. During the meeting, the Commissioners and staff from the Community Services/Recreation/ParkMaintenance Department discussed the proposed locations for the 2025 PRCAC meetings. City staffpresented a draft schedule based on site availability and community needs. After discussion, all partiesagreed that holding some PRCAC meetings at local parks would be beneficial to the community. Thesepark-based meetings aim to increase accessibility for residents who may not typically attend meetingsheld at City facilities. Residents are expected to find these meetings more convenient and relevant, asthey will be conducted in spaces directly tied to their concerns. Park supervisors and other departmentstaff will also be present to address resident questions and provide insight into the department’soperations and services. The finalized meeting schedule has been approved, and surrounding residentswill be notified and invited in advance of each park-based meeting. The Commission will go dark inDecember. The next PRCAC meeting is scheduled for Wednesday, January 29, 2024, at 6:30 p.m. in theCarson Event Center, Carson Dominguez Room. The meeting will include recognitions for youth footballand soccer championship achievements.
Planning Commission
See Exhibit 1.
Public Relations Commission
The Public Relations Commision last met on Tuesday, October 22, 2024 and discussed the Why I LikeCarson Contest and submission dates, along with changing our meeting time to 11 am. The commissionis dark for the month of December and will meet again on January 21, 2025.
Public Safety Commission
The Public Safety Commission met on Thursday, November 21 and successfully had a quorum. In thismeeting commissioner Flinton shared his street takeover documents with the commissioners. Thecommission got a chance to look them over and comment on them. They shared their thoughts andideas. After that Commissioner Cogut discussed some concerns that he had about the Dominguez Channel gates and the 213th Street Dominguez Channel Bridge lights. We ended by having an opendiscussion on topics that are related to Public Safety and the commission.
Senior Citizens Advisory Commission
The Senior Citizen Advisory Commission met on Monday, 11/18/2024, in the Carson Event CenterActivity Room. The meeting began with confirmation of a full quorum, followed by the Pledge ofAllegiance, and approval of the 11/18/24 agenda and minutes from 10/14/24. Votes were recorded andnoted. In her presentation, Ms. Beltran (Community Development Manager from WelbeHealth) discussed the Welbe Health Program of All-Inclusive Care for the Elderly (PACE), which enablesseniors 55 years and older to live healthy lives in their own homes with full-service, all-inclusivecare. Staff members provided updates on a range of current and upcoming Carson programs and eventsincluding the Holiday Tree Lighting Ceremony on Thursday, December 5, 2024, and the SeniorChristmas Lucheon on Friday, December 6, 2024. Both events will be held at the Carson Event Center. Abrief discussion followed regarding the mayor's request to have the chair or vice chair of each Carsoncommission attend a Council meeting to provide a summary of recent activities of their commissions. The commission will determine a Council meeting date and discuss it at its December meeting. Lastly,updates were discussed to include reports from the following Senior Citizen Advisory Subcommittees: (1)Community Outreach, (2) Continuing Education & Enrichment, (3) Recognition & Communication, (4)Stroke Center, and (5) Volunteers. Following oral communications by the commission and staff, aunanimous vote was cast to adjourn the meeting at 5:15 pm. The next Senior Advisory Commissionmeeting is scheduled for Monday, December 9, 2024, 4:00 pm at the Carson Event Center.
Veterans Affairs Commission
The Veterans Affairs Commission met on Monday, November 18, 2024. During the meeting, theCommissioners discussed the possibility of having a Veterans Service Officer in the city. This officercould utilize space at one of the city’s facilities to provide services to local Veterans, helping to bridge thegap between the Veteran community and the available services. Additionally, the Commissionersrecapped the recent Veterans Day celebration and shared their feedback on the event. The Commissioncontinues to provide input regarding flag representation and other maintenance concerns in theirrespective parks.
Women’s Issues Commission
The Women's Issues Commission continues to explore ways to support the City of Carson and are in thefinal stages of their new community survey, aimed at understanding the needs and concerns of women inthe city. In addition to the survey, the commission is in the early stages of developing a clothing drive forwomen in Carson who are in need. The Commission continues to work towards having events solidifiedby Women’s History Month. Additionally, they will continue to engage with the community and furthertheir mission of addressing women's issues within the city.
Youth Commission
The Youth Commission had their meeting on Wednesday, November 13, 2024, beginning at 7:15 PM.They discussed if there were any youth conference and golf tournament updates. Then, they discussed the commission update for the City Council Meeting on Tuesday, November 19th. Vice-Chair Villasanawent to the Council Meeting to give a brief update on the youth commission and upcoming events. Theycompleted the meeting with any updates and events happening at their parks.
V. FISCAL IMPACT
There is no direct fiscal impact associated with this report.
VI. EXHIBITS
Planning Commission Update
Attachments
Planning Commission Update
1 | P a g e
Planning Commission Report
November 2024
Planning Commission November 12, 2024
1. General Plan Amendment
Applicant – City of Carson
Location – Citywide
Request – Consideration of a Recommendation to City Council concerning a General Plan Amendment that would add text to the General Plan Land Use Element to require approval of a Specific Plan prior to redevelopment of sites that currently operate as oil or petroleum refineries within City of Carson.
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 14. To: Honorable Mayor and City Council From: Michael George, Assistant to the City Manager CMO Administration Subject: CONSIDER AN UPDATE ON CITY PROJECTS (CITY COUNCIL) I. SUMMARY
This report transmits a monthly ongoing informational update to the City Council, at Mayor Davis-Holmes’ request, regarding various City projects that are underway or will begin soon. Detailed updates on projects are provided in the following City function areas: Community Development Department (Exhibit 1), Information Technology Department (Exhibit 2), and the Public Safety Department within the City Manager’s Office (Exhibit 3). No update from Public Works was provided.
Ongoing updates will be provided to the City Council as these and other projects continue to develop.
II. RECOMMENDATION
RECEIVE and FILE this report.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate and that is consistent with applicable laws.
IV. BACKGROUND
The projects included in this report are meant to provide an update on current projects underway and those that willbegin soon.
V. FISCAL IMPACT
The purpose of this item is to provide information only and there is no direct fiscal impact associated with this staff report. Most of the projects included within this report have fiscal impacts and these expenditures have either already been approved by the City Council or will be presented to the City Council for approval once ready and as needed. Any item that staff identifies as needing additional or new funding beyond the budgets that were previously approved by the City Council will be addressed separately from this report.
VI. EXHIBITS
1. Community Development Projects2. Information Technology and Security Projects3. Emergency Management and Public Safety Projects 701 East Carson Street
Attachments
Community Development Projects
Information Technology and Security Projects
Emergency Management and Public Safety Projects
COMMUNITY DEVELOPMENT
PROJECT STATUS REPORT
12-3-24 City Council
Name Description Status
Carson Lane 20207 S. Avalon Blvd; Existing: Imperial Avalon Mobile Home Park. Proposed: Imperial Avalon Specific Plan by Faring on
27.31 acres, 1,213 dwelling units (653 non -age-restricted multi-family units plus 180 age -restricted senior
independent living units plus 380 townhouse units and two sit-down restaurants.
In plan check
Kott property
at Avalon and
213th St.
21140 S. Avalon Blvd: Existing: automobile dealerships and vehicle storage.
Green Law has filed an application for a
100,000 square-foot Tesla Sales, Service,
Delivery, and Collision Center. In review.
Waiting for applicant’s response. Tesla
application has been withdrawn. Planning
Commission approved a 315 unit residential
project including 283 townhomes and 32 very
low income affordable rental units.
The District
Specific Plan
Amendment
Carson Goose
Owner LLC
The developer, Carson Goose Owner LLC, which was selected by the CRA Board through an RFP process, is proposing
1,567,090 sf of light industrial and 33,800 SQFT of
restaurant/retail space on Planning Area 3 (cells 3, 4 and
5.) The site also includes a 22, 740-sf dog park, a 3,343 -sf performance pavilion, 25,400 sf children’s plan area, 19,400 sf botanic garden, a 19,490 sf bioretention garden, a 1,800 sf beer garden, a 2,975-sf sculpture garden, a 4,425 sf water feature and iconic element, a 35,210 sf flex event lawn area, 50,774 sf of planted open spaces, and 52,159 sf of planted buffer areas for a total of 273,906 sf (6.29 acres) of
programmed spaces, and open space / amenity areas. There is also a 0.62 -acre linear park to the west of the light industrial uses. The total site area is 96 gross acres (85.55 net acres.) The developer has filed for the following
applications: Development Agreement, General Plan
Amendment, Specific Plan Amendment, Site Plan and Design Review, Noise Variance and Tentative Parcel Map.
In plan check.
Kim Family
Trust
21240-21250 Main St. Existing: Empty lot. Proposed: 19-unit market rate apartment consisting of two separate three - story buildings, at grade parking with associated common and private open space.
In plan check
Santiago De
Leon
20926 Jamison St., Existing: Single Family Residence.
Proposed: 2 single family residences with associated at grade parking, common and private open space.
Approved
Ken S. Chea
Trust
21530 Martin St., Existing: Single Family Residence.
Proposed: 4-unit residential subdivision.
Approved
Name Description Status
Golden State
Alliance, LLC
138 W. 223rd St. Existing: Single Family Residence. Proposed:
10 attached condominiums consisting of two separate
buildings with all market rate units, at grade 2 car garages, guest parking and private driveway.
Under Review
Comfort
Properties,
LLC
140 W 223 rd. Proposed: Single Family Residence. Proposed:
2 detached single family residences, each on their own
subdivided lot with associated at grade parking common and private open space.
Approved
Starbucks /
Multi-tenant
shopping
center
860 E. Carson St #108-109 - Martial Arts studio and mod to shared parking CUP
Under Review
In-n-Out 20700 Avalon Blvd. Existing: portion of South Bay Mall parking lot. Proposed: In -n-Out restaurant with indoor and outdoor seating and associated parking (including drive - thru).
Under construction
Chevron 17453-17455 Central Ave. Existing: Chevron service station with McDonald’s restaurant. Proposed: Add a new self -
service car wash.
Under Review
21611 Perry
Street LLC 21611 S. Perry St. Existing: Empty lot. Proposed: Self storage facility comprised of approximately 120,000 square feet in a mix of one and two -story buildings and a 5,000 square foot retail component.
In Plan Check
Carson Main
Street LLC
20601 S. Main St. Existing: Vacant lot (Formerly KL Fenix).
Proposed: three industrial buildings comprised of
approximately 256,000 square feet including 137,000 square feet of warehouse, 92,000 square feet of manufacturing, 23,000 square feet of office, and 4,000 square-foot retail pad with 419 parking spaces, 18 dock doors, 6 at grade doors, and 3 trailer stalls.
Approved
First Industrial
Realty Trust
18001 S. Main St. Existing: Gasket Manufacturing Company, Inc. Proposed: one industrial building comprised of
approximately 60,000 square feet including 52,000 square feet of warehouse, 7,500 square feet of office space with 40 parking stalls and 8 dock doors.
In Plan Check
Centerpoint
Properties
Trust
16627 S. Avalon Blvd. Existing; Durham School Services.
Proposed: one industrial building comprised of
approximately 122,000 square feet including 114,000 square feet of warehouse, 5,000 square feet of office, 2,500 square feet of mezzanine with 107 parking stalls and 24 dock doors.
Construction complete
Watson Land 2277 E. 220th St. Existing: two -story office buildings.
Proposed: one industrial building comprised of
Under Review
Name Description Status
approximately 74,060 square feet of warehouse with 72
onsite parking stalls.
USPS/
Prologis
24760 Main St., Permit trucking activities (existing building) within 100 feet from residential properties.
Under Review – Project was continued by the
Planning Commission on 8/22/23. Staff met
with residents who were present at the
Planning Commission meeting on 9-28-23.
Applicant will hold a community meeting prior
to the project going back before the Planning
Commission for decision. Staff met with
members of the community to share the
changes for the project. A larger community
meeting will be held at a later time. Staff is in
communication with Prologis to make the site
more compatible with the surrounding
neighborhood. Staff held a community
meeting to hear community concerns. The
applicant will be making changes to plans
suggested by the community and staff. The
community’s response was positive to the
changes. The project will be rescheduled for a
Planning Commission hearing. Staff will be
meeting with a new tenant for the property.
The new tenant would like to present their
proposed use to the community. The property
owner has introduced another new tenant
with a new site plan. A community meeting
will be set up to present the operations of the
new tenant to the nearby residents.
Rexford
Industrial, LLC
1055 E. Sandhill Ave. Existing: Formerly: General Mills processing facility. Proposed: one industrial building comprised of approximately 126,000 square feet including 122,757 square feet of warehouse, 3,256 square feet of
mezzanine with 130 parking stall s, 20 dock doors, and 2 grade level doors.
Under Construction
LiT 9th St.
224rd Carson
LP
2104 E. 223 rd St. Existing: Formerly: Poly One Corporation facility. Proposed: one industrial building comprised of approximately 130,000 square feet including 124,324 square feet of warehouse, 5,000 square feet of office, 5,000 square feet of mezzanine with 122 parking stalls and 15 dock doors.
In Plan Check
BSREP III
Dominguez,
LLC
2001 E. Dominguez St. Existing: Western Tube & Conduit
Corporation. Proposed: one industrial building comprised of approximately 424,000 square feet including 408,990 square feet of warehouse, 15,000 square feet of office with 283 parking stalls, 136 trailer parking stalls and 68 dock doors.
In Plan Check
City of Carson Prohibition of storage of hazardous materials Under Review, New buildings in industrial zone over 5,000 square feet requiring a CUP is
scheduled for April 5th City Council meeting,
Name Description Status
continued off calendar by City Council
Subcommittee has met with the business
community and has obtained their input
Approved by City Council. Staff has notified
over 2,000 business that maybe effected by
the ordinance that requires submittal of an
application for Director’s Permit. Staff has
received applications from businesses. Next
step is to issue an RFP to hire an inspection
consultant.
California
Water Service
Group
21718 S. Alameda St., California Water has completed
construction of a new groundwater production well to
provided potable water to the public. Water quality of a new well has been established and has provided design
parameters for the future onsite improvements. A new
building will be used to house the well appurtenances,
electrical, controls and pumping equipment. The preliminary building will be approximately 1,000 square feet.
In plan check.
City of Carson Carson 2040 General Plan Update, the Housing Element update will be presented to the Planning Commission in
January and to the City Council in February to meet the state mandated deadlines.
HCD informed the City the adopted housing
element meets the statutory requirements of
State Housing
Element Law. However, the housing element
cannot be found in full compliance until the
City has completed necessary rezones to
address the shortfall of sites to accommodate
the Regional Housing Needs Allocation
(RHNA). The 1st Phase of the Zoning Code has
been sent to HCD to seek certification of the
Housing Element.
Approved by City Council April 4, 2023.
The next steps are the implementation of the
General Plan and the Housing Element.
Avocet
Battery
23320 Alameda, A 200 -megawatt Battery Energy Storage
system on an approximately seven -acre site that will help augment Edison during power shortages
Scheduled for City Council consideration on
August 6th. Approved
VESI 18800 Broadway, a 100-megawatt Battery Energy Storage system on an approximately three-acre site that will help augment Edison during power shortages
Under Review
Chris Barker 605 W. 228 th St, Proposed closure of existing Ocean Villa mobilehome park
Under Review (inactive)
QES
Incorporated
18101 Avalon Blvd, 30-unit condominium development on a former Church site
Under Review
Vivian 222 E. 220th St, four detached single-family homes.
Under Review
Pepsi Co. 19700 S. Figueroa St, Installation of EV Chargers for the Pepsi Co. fleet vehicles onsite.
Under Construction
Moshar 123 E. 223rd Street, 9-unit condominium development Under Construction Stan Lucas 747 E 223rd St., CUP 1085 -18 -Ambulance facility and medical equipment storage.
Under Review
Name Description Status
City of Carson Continued the development of the Carson Enhanced Infrastructure Financing District (EIFD).
The EIFD Board approved its FY 24-25 budget
including authorizing $300,000 for Victoria
Golf Course predevelopment studies and
plans.
City of Carson Short Term Rentals A subcommittee meeting was held and Subcommittee provided direction to staff. City
Attorney’s office will be drafting the
ordinance.
City of Carson Variety of housing related ordinances, such as Below Market Rent (establishment of fees to assist in increasing affordable housing unit inventory), SB 9 (allows up to 4 units per existing legal lot or allows lot split for existing legal lots to allow 2 units per lot for a total of 4 units), SB330 (a requirement to replace housing units that are demolished) Approved
Maupin
Development
Existing: 215 W. Carson Street, 64,500 SF (4 lots), comprised of 3 single -family homes, storage sheds and an unpaved empty lot. Proposed: 35 Townhomes – two floors over
parking; 29 units/3 bedrooms; 6 units/2 bedrooms with
common and private open space.
Under Review, Approved
Anastasi
Development
Existing: 336 E Carson Street, 90,000 SF (lot), formerly a collection of automotive repair businesses within two multi- tenant buildings measuring a total of 40,000 SF. Proposed:
50 Townhomes – two floors over parking; all 3 bedrooms/2 baths with common and private opens space.
Under Review, Approved
City of Carson Commercial Façade Program for retail centers Six Funding Agreements were approved by the City Council’s consideration on May 7th.
Staff is working with property owners to
obtain 100% participation for the East Carson
Street project. Three Funding Agreements
have been completely executed. Structural
and architectural design for the Victoria Park
Plaza has been initiated.
City of Carson Business Grants
86 checks for a total of $1,670,000 have been
issued to businesses with $721,625 remaining
in the budget from the total $2,400,000
allocated to this program (includes $8,375
Wizehive Contract).
Trophy
VPC, LLC
Mural installation at FAB Automotive
Approved by Planning Commission,
Appealed by Councilmember Dear tentatively
scheduled for October 18th.
City Council approved Mural #2 and requested
staff to process a comprehensive sign code
amendment
Infinity CF, LLC
23820 Avalon
Blvd.
Two lot subdivision with a proposed Starbucks on one
parcel and a carwash on the other.
Under Review (The proposed carwash and
Starbucks were approved by the Planning
Commission on 8/22/23)
PAR 1675-22 Eight (individual) SFR each with a detached ADU. Pre-Application Review is complete. Comment letter including all routing and planning
comments was sent to the applicant on 8/8.
Name Description Status
Watson Land. 22418 and 22650 Bonita Demolition of two warehouse buildings measuring 147,500sf and 41,400sf, respectively, and construction of one spec warehouse building
measuring 161,000 sf in conjunction with a lot merger.
Approved
Tesla Charger Admin DOR 1907-22. 2 Civic Center Drive, DoubleTree Hotel, Installation of eight EV charging posts and two
equipment cabinets.
Constructed, waiting for SCE to provide power
Tesla Charger Admin DOR 1911-22 801 E Carson St. Community Center, Installation of 20 EV charging posts and five equipment cabinets.
Under Construction, Approved
AT&T Proposed new wireless installation on face of building at 20715 S. Avalon
Under Review
Vinfast Vinfast electric car showroom, service center, and car storage for delivery to customers
Will be vacating the site (business decision)
Sywest Specific Plan, General Plan Amendment, Development Agreement, DOR for development of a big box user and
associated retail
Under Review
The Notice of Preparation was issued on April
24, 2023
Applicant has resumed project meetings.
Brownfield
Grants
Equitable Community Revitalization Grant (ECRG) Round 2 and EPA Grants
Three ECRG Grants have been awarded for
$875,000 plus an EPA grant for $500,000. The
implementation phase will follow.
Arris Studio
Architects
888 E. Dominguez St.
Marriot TownePlace Suites Hotel and new bar/lounge, (111 key)
In plan check
MSD 20920 Chico St.
New senior health care facility within an existing 17,792 SF building, remodel building and provide site improvements:
parking, landscape
Complete
Brandywine
Carson
Landing
Corner of Central Ave.
and Victoria St.
175-unit condominiums, recreation center and dog park
Previously a vacant lot
Under construction
Target Drive-up Canopies for existing parking spaces
Under Review
Carson Hybrid
Energy
Storage
17171 Central Ave - Upgrade Existing energy storage facility Processing application (+ MWELO approved / to be completed)
Shell Oil 20945 Wilmington Ave -
CNG Dispensing Station
Approved / In Final Plan Check / +MWELO
review
Air Products
23300 Alameda - Hydrogen Pipeline Approved / In Final Plan Check - Engineering + MWELO review
Amer Khan 310 W. 220 St. - Addition to MF unit that exceeds $50k valuation
In Review
Name Description Status
Birch Specific
Plan
21809-21811 S. Figueroa St. - 4-story, 32-unit condominium development with public seating & public art
Partially constructed and going through
ownership change. Construction could restart
by end of the year
DISH Wireless
LLC
17900 S Central Ave. - Replace existing lattice tower with stealth wireless communications facility
Approved
Bethel Baptist
Church
1631 E. Carson St – 2nd floor extensions and new fellowship hall added to existing church
DOR 991-07 Modification #2
Approved
City of Carson Resolution 21-2713: Recommend amendment to Site Plan and Design Review development procedures. ZTA 188-2021
Approved
Argo
Warehouse
439 W. Gardena – New 3,754 SF warehouse Under construction
The Boy & The
Bear
139 W Victoria St. - Coffee roasting operation and on-line fulfillment center for wholesale roasted coffee
Approved
Edward
Byungyull
Kwon & Judy
Jeongyang
Kwon
20915 S. Lamberton Ave - Renovate existing site for a new truck parking facility
Complete (site vacated)
Southbay
Tattoo
22811 S. Figueroa St. - Tenant Space No. 22813: Request for a CUP for a tattoo business (relocating from another Carson property)
Approved
Single Family 140 E. 218th Pl. – Expand a 1-car garage into an attached, two-car garage and remodel (e) single-family house.
Approved
Mobile Mini 22632 S. Alameda St. - The project site will be developed for construction of a Cargo container storage facility that will consist of three modular office units and a maintenance canopy structure on a 14-acre site.
Approved
Link Logistics 100 W. Alondra Blvd.- Redevelopment of 13.06-acre site, including demolition of 2 existing buildings. Development consists of 2 new warehouse facilities. Building 1 covers 185,921 s.f. w/ 5,000 s.f. office & 3,000 s.f. mezzanine.
Building 2 covers 106,677 s.f. w/ 5,000 s.f. office, & 3,000 s.f. mezzanine. Buildings will be supported by screen truck yards, vehicular parking areas, drive aisles and landscaping throughout. The larger northerly building will also have trailer storage parking.
Under construction
City of Carson Comprehensive Zoning Code Update to implement the General Plan. Multiple development standards and policies guiding the implementation of the General Plan will be
amended modified and updated to be consistent with state law.
NOTE: This update excludes the non-residential portions of the code which will be prepared and presented at a later time.
Draft is underway and will be presented to
Planning Commission in next few months.
Staff will hold a study session prior to public
hearing. On July 25th, Planning Commission
held a workshop and will consider the Phase 1
of the zoning code in a public hearing
tentatively scheduled for August 22nd. This
project was heard by the Planning Commission
on 8/22/23. The commission continued this
item to 9/12/23.
Name Description Status
Tentative target dates for Phase 1 (excludes
commercial and industrial) are: Planning
Commission January 30, 2024 and City Council
March 5, 2024
Scheduled for 1-31-24 Planning Commission
Phase 1 approved by City Council
Jack N the Box Demo existing commercial bldg. propose approx. 1,800 SQFT drive-thru restaurant
Denied by the Planning Commission.
30 unit
Multifamily
Application to demolish existing church and build 30
condos
Under review
Air Products Proposal for a new modular bldg. with parking lot Applicant received status letter awaiting response, revised plans have been submitted
and are under review
Office to
Warehouse
conversion
Demolish existing office to construct new warehouse on the corner of 220th and Arnold Center
Under Review
Harley
Davidson
20507 Belshaw Avenue, EV Motorcycle Dealership (Harley
Davidson/Live Wire)
Under Review
Petroleum
Tanks
Installation of two petroleum tanks at an existing tank farm.
Capacity increasing from 22 to 24 storage tanks.
Approved by Planning Commission
AT&T
Monopine
Foisia Park
23410 Catskill, Wireless Communication antenna Under review Tambuli
Seafood
Market
22200 S Main Steet, Expansion of an existing suite within an existing shopping center.
Under Review
Hyundai
Dealership
2201 E. 223rd St, New Service Building Approved by Planning Commission
Freeway Tires 2121 Alameda St., truck tire repair business Approved by Planning Commission March 12th
Grace
Orthodox
Presbyterian
Church
A request for approval of a Tentative Parcel Map to
subdivide a 1.59-acre parcel into two parcels
Under Review
Ulta 20700 Avalon Blvd. Suite 517 (South Bay Pavilion) Interior remodeling/ build-out and exterior modifications of an
existing space
contained within an existing building. Modifications include new mechanical, electrical and plumbing work.
Under review
South Bay
Fleet
Specialist
17126 S. Broadway St. Requesting approval to operate an auto body and paint shop (w/paint spray booth addition
inside building).
Under Review
ASPCA Animal
Clinic
16300 Figueroa St. Animal Clinic development on an
industrial site that's currently vacant.
In plan check
19401 S.
MAIN ST.
Pickleball facility, indoor and outdoor courts that will also include a clubhouse at full completion.
Under Review, Phase 1 approved (3 phases)
16325 -16407
S MAIN ST
Renovate an existing 159,373 SF industrial building on a
5.88 acre site including removing approx. 6,503 SF of
existing office/mezzanine/warehouse space, exterior
building facade improvement, interior tenant improvement Approved
Name Description Status
and site and landscaping improvements. After renovation the new building footprint will be approx.138,616 SF. The project also includes a lot line adjustment of the parcel(s 427 E. 220th
St.
Willow (formerly Cambria Ct.) - 35-unit condominiums
designed as 2-story detached homes
In Plan check
23825 Avalon
Blvd.
Request to modify beer and wine CUP to allow for sale of distilled spirits for the G&M Gas Station/Mini Mart
Under Review
22511
Figueroa St.
Specific Plan, DOR, Zone Change for 33-unit residential apartment development on .69 acre lot
Under review
17126 S.
Broadway St.
A Conditional Use Permit for operation of an Auto Body and Paint shop and installation of an interior Paint Spray Booth.
Under Review
City of Carson Update and implementation of the Pipeline Franchise Ordinance. This item was recently transferred to
Community Development. Staff has been working with the Council Subcommittee to update the ordinance. In
addition, staff is getting up to date with all existing agreements to determine their status.
Under Review
City of Carson General Plan Amendment to the Land Use Element of the Carson 2040 General Plan (2024GPA-001) to require
preparation of a Specific Plan prior to redevelopment of all sites that currently operate as oil or petroleum refineries within City of Carson
Approved by Planning Commission 11/12/24
Scheduled for City Council 12/3/24
Carson
Companies
5 acre retail center development with approx. 29,000
square feet of retail shops, 11,300 square feet of restaurant space, 25,500 square foot Boys and Girls Club,
Under Review
ITS CAPITAL PROJECTS
November 2024
1. WIFI IN PARKS
Description: WiFi Internet access at all City facilities to increase public safety, education, programs, and events.
Contract: Datagear
Term: 3 year maintenance
Budget: $420,272 ($350,000 [ARPA] + 70,272)
Current Spend: $286,373.60 (68.14%)
Project Start: May 15, 2023
Project Complete: March 18, 2024
Status: COMPLETED
Notice of termination issued to vendor on December 4, 2023.
Replacement vendor completed remaining (5) parks on March 18, 2024. • Mills Park 100%
• Carson Park 100%
• Veterans Park 100%
• Foisia Park 100%
• Stevenson Park 100%
• Anderson Park 100%
• Dominguez Park 100%
• Del Amo Park 100%
• Calas Park 100%
• Hemingway Park 100%
• Dolphin Park 100%
• Carriage Crest Park 100%
2. TYLER UPGRADE / ENERGOV IMPLEMENTATION
Description: Upgrade Tyler Munis to latest version, enable Cloud access, and add inventory module. Implement new p lanning, permitting , licensing, asset management, and citizen request software platform Energov.
Contract: Tyler Munis/Integrated Technology Partners
Term: 6 years
Budget: 1.3M [ARPA]
Current Spend: $921,965 incurred to date (71%)
Project Start: September 30, 2022
ETA: January 31, 2025
Status: ON SCHEDULE
• Employee Access Module complete, In Production
• EP&L Planning Module Setup complete, In Production
• EP&L Permitting Module Setup complete, In Production
• Open Finance (Socrata) Module Setup complete, In Production • EP&L Business License Module Setup in progress
• 311 Civic Access Module Setup in progress
Next Step:
• Complete the testing of all Processes
• Test all forms and reports to ensure city needs are met • Begin planning on End User Training with Documentation for the city
3. NETWORK SERVICES RELOCATION
Description: Ensure rapid recovery, accessibility, and increased security for all business-critical application services by re locating to a more equipped offsite location.
Contract: TBD
Term: 5 Years
Budget: TBD
Current Spend: $0
Project Start: December 1, 2023
ETA: January 31, 2024
Status: ON SCHEDULE
• RFP issued 12/1/23.
• Sole bid rejected 1/23/24.
• Data Center Colocation award to vendor 4/2/24.
• Contract Executed
• Phase 1 Relocation completed 8/19/24.
• Phase 2 Relocation scheduled for 1/31/25.
4. CITY HALL COUNCIL CHAMBERS AUDIO/VIDEO
IMPROVEMENT
Description: Upgrade Council Chambers broadcast equipment.
Contract: In Progress
Term: 5 Years
Budget: City Hall Council Chambers A/V: $542,444.57 (PEG: $398,707 General Fund: $143,737.57)
Current Spend: $0
Project Start: December 1, 2023
ETA: December 31, 2024
Status: ON SCHEDULE
• RFP issued 12/1/23.
• Notice of Intent to Award 1/23/24.
• Contract Executed 5/1/24.
• Purchase Order
• Audiovisual Hardware Installation Complete
• Agenda Management/AV Control Software Implementation Complete • Agenda Management/AV Control Software Staff Training Complete
• Systems Testing Complete
• Punch List Items in Progress
5. CARSON EVENT CENTER AUDIO/VIDEO IMPROVEMENT
Description: Upgrade Carson Event Center Audiovisual broadcast equipment.
Contract: In Planning/Budgeting
Term: 5 Years
Budget: Carson Event Center A/V: TBD
Current Spend: $0
Project Start: July 1, 2024
ETA: June 30, 2025
Status: ON SCHEDULE
• Project Planning Meetings with ITS and Community Services staff on mitigation of scheduled event impact
Project Name Citywide Fire Alarm Repairs and Enhancements Service Provider West Coast Fire & Integration
Summary July 5, 2022, Council approved the West Coast Fire & Integration contract for maintenance and monitoring services for all city fire systems from July 1, 2022, to June 30, 2027.
Enhancing fire detection and safety for all facility users.
Update During the ongoing renovations to both the basement and second floor, our vendor has been an invaluable partner, ensuring that all Fire Life Safety (FLS) protocols are strictly adhered to while also assisting in updating any components that require enhancements. Their proactive collaboration with city personnel has been instrumental in identifying and addressing necessary improvements, ensuring that safety remains a top priority throughout the renovation process. Additionally, the city staff is actively working to enhance fire systems across all municipal facilities to align with the highest safety standards.
Project Name Public Safety/Emergency Services Community Initiatives Service Provider Public Safety/Emergency Services Department Summary Public Safety and Emergency Services Community Initiatives encompass a range of proactive efforts aimed at fostering safer and more resilient community. These initiatives typically involve engagement with the public, educational programs, and collaborative events. They focus on building positive relationships between law enforcement, emergency services personnel, and the community, ultimately enhancing preparedness and trust. Examples include public education on safety measures, community outreach Project Name Comprehensive Camera Coverage: City Facilities and Parks Service Provider Johnson Controls
Summary The Public Safety department is spearheading an initiative to implement video surveillance camera systems across all City and Park facilities. This proactive measure aims to discourage criminal activities and capture video evidence of any unlawful incidents. The objective is to enhance safety by reducing criminal incidents, creating a secure environment for both residents and park users.
Update We are pleased to provide an update on our efforts to enhance security across City of Carson facilities and recreational areas. Access control systems are being expanded to include City Hall, Corporate Yard office suites, improving safety and controlled access for staff and visitors. Additionally, video surveillance and access control systems have been installed at several parks, with the project now moving into its third phase. This phase involves adding more pole cameras, extending coverage to parks, and integrating these additions into the existing infrastructure.
The team is evaluating the current system's effectiveness, determining optimal camera locations, and leveraging advanced technology to enhance monitoring capabilities. These efforts aim to ensure a safer environment for the community by strengthening security measures throughout parks and city facilities. We appreciate your continued support as we work to make our community a safer place for all.
Public Safety/Emergency Services Projects
events, and meetings to empower local leaders. Such initiatives are pivotal in strengthening the overall safety and well-being of a community.
Update The Parking Control Officers and Public Safety Supervisor recently attended the California Mobility and Parking Association Conference. They are now working to implement innovative technologies and operational procedures in preparation for onboarding five new Parking Control Officers. The City of Carson Public Safety team is eager to welcome these new officers and looks forward to utilizing proactive and reactive enforcement strategies to serve the community effectively.
Public Safety Engagement Officers have noticed an increase in unhoused individuals and are proactively working to connect them with services. Recently, they encountered a family living in their vehicle. To assist the mother, and a young child, the team arranged a four-night motel stay while working to find long-term solutions. Additionally, they have successfully helped individuals transition into shared housing and shelters when accepted.
With the recent inclement weather, more individuals have been open to seeking shelter.
Emergency Services and Public Safety have been actively engaging with the community in various initiatives. We’ve provided All Hazard training to our Block Captains in collaboration with our partners at LA County Fire. Additionally, we teamed up with the American Red Cross to conduct earthquake drills for children in the community. We also hosted an Battle of the Badges event in partnership with LA County Sheriffs. Lastly, Public Safety is working closely with local schools to promote the importance of emergency preparedness and encourage proactive participation. If you're interested in bringing a training to your area, please reach out to [email protected].
Project Name Enhancing Traffic Safety: Analysis of Accident Reduction and LPR Camera Deployment Service Provider Motorola Solutions
Summary The consultant will supply the city with the most up-to-date version of the L-Series Rapidly Deployable Solar Powered Camera. This camera system, known as an Automatic License Plate Recognition (LPR) camera, will assist the City, in collaboration with the Los Angeles County Sheriff's Department, in capturing essential investigative information and enhancing the safety of its residents. These cameras will be strategically positioned in specific locations throughout the city, including public rights of way and entrances to city facilities.
The LPR system will collect comprehensive vehicle data, including make, model, color, and speed, both during daytime and nighttime conditions. The City's Public Safety department is working in partnership with LASD and Public Works to decrease traffic accidents within the city. Staff members have created data maps, and the Traffic Engineering Division will assess these maps to identify any recurring patterns and make infrastructure adjustments as necessary.
Update ALPR trailers are currently positioned in high-traffic areas throughout the city. We’ve observed an increase in illegal dumping and truck parking on Intermodal Way. To address this, we’re using the trailers’ messaging features to deter trucks and prevent illegal dumping. Additionally, the cameras enhance community safety in these areas.
Project Name Upgrading Radio Systems Project
Service Provider Mission Critical Information Systems
Summary In 2021, the City Council granted approval for the 'Radio Upgrade Project,' which allocated funds for the procurement of radios, radio equipment, batteries, and chargers necessary for transitioning the City from its UHF radio system to the Los Angeles Regional Interoperability Communication System (LA-RICS). Subsequently, the City Council sanctioned a contract with Mission Critical Information Systems to oversee the installation and programming, thus marking the successful completion of Phase 2 of the project. In September 2022, the City of Carson formalized a Hold Harmless Agreement with LA-RICS, granting the city the privilege of utilizing the platform.
Update The distribution of additional Motorola APX4500 mobile radios has been successfully completed across several departments, enhancing communication capabilities citywide. The assembly of two SmartPTT racks at both City Hall and the Corporate Yard is currently underway, further strengthening radio dispatch and coordination infrastructure.
Additionally, progress continues on the installation of antennas and lines at the City Yard, which will improve signal strength and system reliability. The vendor has also installed mobile radios in the Public Safety fleet and is now moving forward with updates to the Public Works fleet. These updates are a significant step in enhancing communication efficiency and operational coordination across city departments.
Project Name Hazard Mitigation Plan Update
Service Provider Witt O’ Brien’s
Summary FEMA mandates a Hazard Mitigation Plan (HMP) update every five years for all jurisdictions. The city's second update, however, is currently overdue. This plan serves to identify potential natural and human-induced hazards that the city may face vulnerability to and outlines strategies for mitigating or reducing risks associated with such incidents and events.
Update The preliminary version of the Hazard Mitigation Plan (HMP) has been released, marking a significant milestone in the planning process. The planning team has completed an internal review to ensure the draft aligns with the city's goals and compliance standards. The HMP draft has been submitted to Cal OES for their initial review, and Witt O'Brien’s has been actively collaborating with Cal OES to address any necessary revisions. This partnership ensures that the plan adheres to all appropriate guidelines and positions the city for successful implementation of its hazard mitigation strategies.
Project Name Basement/Emergency Operations Center (EOC) Upgrade Project Service Provider Westberg + White, GM Interiors, Johnson Controls Summary The project is currently in its planning phase. Initially, the project scope only covered the upgrade of the Emergency Operations Center (EOC). However, during the planning phase, it became evident that the Public Safety, Information Technology, and Emergency Services sectors could also derive substantial benefits from the upgrade. As a result, the revised scope of work encompasses upgrades for all four areas.
Update The basement renovations have officially begun following City Council approval, with the majority of demolition work now completed. The project is moving into the next phase, which includes build-out and framing. This phase will require detailed planning and close coordination with the contractor to ensure that all work remains on schedule and meets the required standards. City staff will closely monitor the progress to ensure a smooth and efficient renovation process as the project advances.
Project Name Organizational Resilience: Internal Emergency Management Training Service Provider Westward Disaster
Summary The city is responsible for the operation and management of its Emergency Operations Center (EOC), with the aim of enhancing preparedness, response, and recovery capabilities for emergencies and large-scale events. The consultant will furnish subject matter experts and instructors to aid in the creation and execution of a tailored EOC training program for city department staff.
Update Our Emergency Operations Center (EOC) Awareness Course took place on April 18th and received overall positive feedback. The course was a success and brings our city and leadership one step closer to being prepared for the next emergency. Next, Westward and the City of Carson will be working on the upcoming EOC role-specific training.
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 15. To: Honorable Mayor and City Council From: Reata Kulcsar, Energy and Sustainability Officer Subject: CONSIDER ACCEPTING THE U.S. DEPARTMENT OF ENERGY'S ENERGY EFFICIENCY ANDCONSERVATION BLOCK GRANT AWARD OF $150,080.00 (CITY COUNCIL) I. SUMMARY
The U.S. Department of Energy (DOE), through its Energy Efficiency and Conservation Block Grant (EECBG) program announced a non-competitive funding opportunity available to government agencies for formula grant funds based on population. The City of Carson's EECBG program formula allocation amount is $150,080.00 (Exhibit No.1).
The purpose of the EECBG Program is to assist eligible state, local governments, and Tribes in implementing activities that seek to attain increased energy efficiency, conservation, or fossil fuel reduction for their communities. The City is intending to use the available funding for the purchase of electric vehicles for the City's fleet. A separate staff report identifying the exact make, model, and cost of the proposed vehicles will be presented to the City Council at a later time.
The City must accept and execute the Special Terms and Conditions (Exhibit No. 2) and adhere to purchasing and reporting requirements.
II. RECOMMENDATION
TAKE the following actions:
1. ACCEPT the U.S. Department of Energy's Energy Efficiency and Conservation Block Grant award of $150,080.00.
2. ACCEPT the Special Terms and Conditions and AUTHORIZE the City Manager to execute the Special Terms and Conditions and any related grant documents subject to approval as to form by the City Attorney.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
701 East Carson Street
The Department of Energy (DOE) received funding from the Bipartisan Infrastructure Law (BIL) and the Inflation Reduction Act (IRA) to create or expand key agency programs. One of those programs is the Energy Efficiency and Conservation Block Grant (EECBG) Program that received $550M through BIL and is administered by DOE’s Office of State and Energy Community Programs (SCEP).
Local governments receiving funding can choose to receive it as a formula grant, a voucher for technical assistance, or a voucher for equipment purchase and installation. The vouchers are equivalent to the formula allocation amount, and eligible entities opting for vouchers benefit from a simplified application process. Those using vouchers will not have to apply for or manage a direct federal grant, and they will face reduced documentation, monitoring, and reporting requirements. The Department of Energy recommends the voucher option for entities receiving less than $250,000, which is why staff pursued this option.
The purpose of the EECBG Program is to assist eligible state, local, and tribal governments in implementing activities aimed at increasing energy efficiency, promoting conservation, or reducing fossil fuel use within their communities. The EECBG Program identifies 14 eligible activity categories that meet the requirements for allowable use of funds.
The City of Carson's EECBG allocation is $150,080.00, and the plan is to use the funds to purchase four electric vehicles. Staff will prepare a separate report later that specifies the exact make, model, and cost of the proposed vehicles.
V. FISCAL IMPACT
There is currently no fiscal impact, and there is no match requirement to accept the grant of $150,080.00.
VI. EXHIBITS
1. EECBG Local Government Eligibility and Allocation List.
2. EECBG Program Special Terms and Conditions.
Attachments
Exhibit No. 1 - EECBG Local Government Eligibility and Allocation List.pdf Exhibit No. 2 - EECBG Grant - Equipment Rebate Terms and Conditions.pdf
5 # State/Territory Entity Name Level of
Government Allocation
140 CA Burbank City $167,020
141 CA Calexico City $76,300
142 CA Camarillo City $129,470
143 CA Campbell City $76,540
144 CA Carlsbad City $168,480
145 CA Carson City $150,080
146 CA Cathedral City City $112,920
147 CA Ceres City $76,660
148 CA Cerritos City $76,840
149 CA Chico City $153,350
150 CA Chino City $147,470
151 CA Chino Hills City $131,350
152 CA Chula Vista City $271,850
153 CA Citrus Heights City $137,060
154 CA Claremont City $76,300
155 CA Clovis City $161,730
156 CA Coachella City $76,350
157 CA Colton City $116,230
158 CA Compton City $146,080
159 CA Concord City $170,110
160 CA Corona City $197,940
161 CA Costa Mesa City $166,550
162 CA Covina City $113,100
163 CA Culver City City $76,710
164 CA Cupertino City $125,790
165 CA Cypress City $114,160
166 CA Daly City City $146,620
167 CA Danville, Town of City $76,480
168 CA Davis City $124,540
169 CA Delano City $114,850
170 CA Diamond Bar City $114,980
171 CA Downey City $160,140
172 CA Dublin City $127,230
173 CA Eastvale City $123,670
174 CA El Cajon City $155,020
175 CA El Centro City $76,600
176 CA El Monte City $157,090
177 CA Elk Grove City $201,410
Template Version 12/19/2023
EECBG Program
Special Terms and Conditions
Special Terms and Conditions
Entity Name:___________________________________ (“Recipient”), which is identified in the Assistance Agreement, and the Office of State and Community Energy Programs (“SCEP”), and Energy Efficiency and Conservation Block Grant Program (“EECBG”), an office within the United States Department of Energy (“DOE”), enters into this Award, to achieve the project objectives and the technical milestones and deliverables stated in Attachment 1 to this Award.
This Award consists of the following documents, including all terms and conditions therein:
Special Terms and Conditions
Attachment 1 Federal Assistance Reporting Checklist (FARC)1 Attachment 2 NEPA Determination2
The following are incorporated into this Award by reference:
• DOE Assistance Regulations, 2 CFR part 200 as amended by 2 CFR part 910 at http://www.eCFR.gov
.
• National Policy Requirements (November 12, 2020) at
http://www.nsf.gov/awards/managing/rtc.jsp
.
• The Recipient’s application/proposal as approved by SCEP. • Public Law 117-58, also known as the Bipartisan Infrastructure Law (BIL).
1 The FARC will be provided at a later date.
2 The NEPA Determination is attached to your application in the EECBG Program Voucher Application Portal
Special Terms and Conditions
2 Table of Contents
Subpart A. General Provisions ......................................................................................................................... 4 Term 1. Legal Authority and Effect ....................................................................................................................... 4 Term 2. Flow Down Requirement ........................................................................................................................ 4 Term 3. Compliance with Federal, State, and Municipal Law ............................................................................. 4 Term 4. Inconsistency with Federal Law .............................................................................................................. 4 Term 5. Federal Stewardship ................................................................................................................................ 4 Term 6. NEPA Requirements ................................................................................................................................ 4 Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress .... 5 Term 8. Reporting Requirements ......................................................................................................................... 5 Term 9. Lobbying ................................................................................................................................................... 5 Term 10. Publications ............................................................................................................................................. 5 Term 11. No-Cost Extension ................................................................................................................................... 6 Term 12. Property Standards .................................................................................................................................. 6 Term 13. Insurance Coverage ................................................................................................................................. 6 Term 14. Real Property ........................................................................................................................................... 7 Term 15. Equipment ............................................................................................................................................... 7 Term 16. Supplies .................................................................................................................................................... 8 Term 17. Property Trust Relationship .................................................................................................................... 8 Term 18. Record Retention ..................................................................................................................................... 8 Term 19. Audits ....................................................................................................................................................... 8 Term 20. Indemnity ................................................................................................................................................. 9 Term 21. Foreign National Participation ................................................................................................................ 9 Term 22. Post-Award Due Diligence Reviews ........................................................................................................ 9 Subpart B. Financial Provisions ....................................................................................................................... 10 Term 23. Maximum Obligation ............................................................................................................................. 10 Term 24. Refund Obligation.................................................................................................................................. 10 Term 25. Allowable Costs ..................................................................................................................................... 10 Term 26. Decontamination and/or Decommissioning (D&D) Costs .................................................................... 10 Term 27. Use of Program Income ......................................................................................................................... 10 Term 28. Payment Procedures ............................................................................................................................. 11 Term 29. Budget Changes ..................................................................................................................................... 11 Subpart C. Miscellaneous Provisions .............................................................................................................. 12 Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities ........................................ 12 Term 31. System for Award Management and Universal Identifier Requirements ........................................... 12 Term 32. Nondisclosure and Confidentiality Agreements Assurances ............................................................... 14 Term 33. Contractor Change Notification ............................................................................................................ 15 Term 34. Recipient Integrity and Performance Matters ...................................................................................... 16 Term 35. Export Control ........................................................................................................................................ 18 Term 36. Interim Conflict of Interest Policy for Financial Assistance .................................................................. 18 Term 37. Organizational Conflict of Interest ........................................................................................................ 18 Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment ............ 19 Term 39. Human Subjects Research ..................................................................................................................... 20 Term 40. Fraud, Waste and Abuse ....................................................................................................................... 21 Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements ................................................................ 21 Term 41. Reporting, Tracking and Segregation of Incurred Costs ....................................................................... 21
Special Terms and Conditions
3 Term 42. Davis-Bacon Requirements ................................................................................................................... 22 Term 43. Buy American Requirement for Infrastructure Projects ...................................................................... 23 Term 44. Affirmative Action and Pay Transparency Requirements .................................................................... 29 Term 45. Potentially Duplicative Funding Notice ................................................................................................ 29 Term 46. Transparency of Foreign Connections................................................................................................... 29 Term 47. Foreign Collaboration Considerations .................................................................................................. 30
Special Terms and Conditions
4 Subpart A. General Provisions
Term 1. Legal Authority and Effect
A DOE financial assistance award is valid only if it is in writing and is signed, either in writing or electronically, by a DOE Contracting Officer.
The Recipient may accept or reject the Award. Acknowledgement of award documents by the Recipient’s authorized representative through electronic systems used by DOE, specifically The EECBG Program Voucher Portal (https://doerebates.my.site.com/eecbgvouchers/s/), constitutes the Recipient's acceptance of the terms and conditions of this Award.
Acknowledgement via the EECBG Program Voucher Portal by the Recipient’s authorized representative constitutes the Recipient's electronic signature.
Term 2. Flow Down Requirement
The Recipient agrees to apply the terms and conditions of this Award, as applicable to all subcontractors as required by 2 CFR 200.101, and to require their strict compliance therewith.
Further, the Recipient must apply the Award terms as required by 2 CFR 200.327 to all sub contractors and to require their strict compliance therewith.
Term 3. Compliance with Federal, State, and Municipal Law The Recipient is required to comply with applicable Federal, state, and local laws and regulations for all work performed under this Award. The Recipient is required to obtain all necessary Federal, state, and local permits, authorizations, and approvals for all work performed under this Award.
Term 4. Inconsistency with Federal Law
Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this Award must be referred to the DOE Award Administrator for guidance.
Term 5. Federal Stewardship
SCEP will exercise normal Federal stewardship in overseeing the project activities performed under this Award. Stewardship activities include, but are not limited to, conducting site visits; reviewing performance and financial reports; providing technical assistance and/or temporary intervention in unusual circumstances to address deficiencies that develop during the project; assuring compliance with terms and conditions; and reviewing technical performance after project completion to ensure that the project objectives have been accomplished.
Term 6. NEPA Requirements
DOE must comply with the National Environmental Policy Act (NEPA) prior to authorizing the use of Federal funds. Based on all information provided by the Recipient, SCEP has made a
Special Terms and Conditions
5 NEPA determination by issuing a categorical exclusion (CX) for all activities listed in the Application approved by the Contracting Officer and the DOE NEPA Determination. The Recipient is thereby authorized to use Federal funds for the defined project activities, except where such activity is subject to a restriction set forth elsewhere in this Award.
This authorization is specific to the project activities and locations as described in the Application approved by the Contracting Officer and the DOE NEPA Determination.
If the Recipient later intends to add to or modify the activities or locations as described in the approved Application and the DOE NEPA Determination, those new activities/locations or modified activities/locations are subject to additional NEPA review and are not authorized for Federal funding until the Contracting Officer provides written authorization on those additions or modifications. Should the Recipient elect to undertake activities or change locations prior to written authorization from the Contracting Officer, the Recipient does so at risk of not receiving Federal funding for those activities, and such costs may not be recognized as allowable cost share.
Condition(s):
NEPA Logs if conducting potentially ground disturbing activities.
Term 7. Notice Regarding the Purchase of American-Made Equipment and Products – Sense of Congress
It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Award should be American-made.
Term 8. Reporting Requirements
The reporting requirements for this Award are identified on the Federal Assistance Reporting Checklist, attached to this Award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the Award. Noncompliance may result in withholding of future payments, suspension, or termination of the current award, and withholding of future awards. A willful failure to perform, a history of failure to perform, or unsatisfactory performance of this and/or other financial assistance awards, may also result in a debarment action to preclude future awards by Federal agencies.
Term 9. Lobbying
By accepting funds under this Award, the Recipient agrees that none of the funds obligated on the Award shall be expended, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. § 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation.
Term 10. Publications
Special Terms and Conditions
6 The Recipient is required to include the following acknowledgement in publications arising out of, or relating to, work performed under this Award, whether copyrighted or not:
• Acknowledgment: “This material is based upon work supported by the U.S. Department of Energy’s Office of State and Community Energy Programs (SCEP) under the Energy Efficiency and Conservation Block Grant (EECBG) Program Application # XXXXXXXXX”
• Full Legal Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof.
The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.”
Abridged Legal Disclaimer: “The views expressed herein do not necessarily represent the views of the U.S. Department of Energy or the United States Government.”
Recipients should make every effort to include the full Legal Disclaimer. However, in the event that recipients are constrained by formatting and/or page limitations set by the publisher, the abridged Legal Disclaimer is an acceptable alternative.
Term 11. No-Cost Extension
As provided in 2 CFR 200.308, the Recipient must provide the Contracting Officer with notice in advance if it intends to utilize a one-time, no-cost extension of this Award. The notification must include the supporting reasons and the revised period of performance. The Recipient must submit this notification in writing to the Contracting Officer and DOE Technology Manager/ Project Officer at least 30 days before the end of the current budget period.
Any no-cost extension will not alter the project scope, milestones, deliverables, or budget of this Award.
Term 12. Property Standards
The complete text of the Property Standards can be found at 2 CFR 200.310 through 200.316.
Also see 2 CFR 910.360 for additional requirements for real property and equipment for For- Profit recipients.
Term 13. Insurance Coverage
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7 See 2 CFR 200.310 for insurance requirements for real property and equipment acquired or improved with Federal funds. Also see 2 CFR 910.360(d) for additional requirements for real property and equipment for For-Profit recipients.
Term 14. Real Property
Subject to the conditions set forth in 2 CFR 200.311, title to real property acquired or improved under a Federal award will conditionally vest upon acquisition in the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.311 before disposing of the property.
Except as otherwise provided by Federal statutes or by the Federal awarding agency, real property will be used for the originally authorized purpose as long as needed for that purpose.
When real property is no longer needed for the originally authorized purpose, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity. The instructions must provide for one of the following alternatives: (1) retain title after compensating DOE as described in 2 CFR 200.311(c)(1); (2) Sell the property and compensate DOE as specified in 2 CFR 200.311(c)(2); or (3) transfer title to DOE or to a third party designated/approved by DOE as specified in 2 CFR 200.311(c)(3).
See 2 CFR 200.311 for additional requirements pertaining to real property acquired or improved under a Federal award.
Term 15. Equipment
Subject to the conditions provided in 2 CFR 200.313, title to equipment (property) acquired under a Federal award will conditionally vest upon acquisition with the non-Federal entity. The non-Federal entity cannot encumber this property and must follow the requirements of 2 CFR 200.313 before disposing of the property.
Equipment must be used by the non-Federal entity in the program or project for which it was acquired as long as it is needed, whether or not the project or program continues to be supported by the Federal award. When no longer needed for the originally authorized purpose, the equipment may be used by programs supported by DOE in the priority order specified in 2 CFR 200.313(c)(1)(i) and (ii).
Management requirements, including inventory and control systems, for equipment are provided in 2 CFR 200.313(d).
When equipment acquired under a Federal award is no longer needed, the non-Federal entity must obtain disposition instructions from DOE or pass-through entity.
Disposition will be made as follows: (1) items of equipment with a current fair market value of $5,000 or less may be retained, sold, or otherwise disposed of with no further obligation to DOE; (2) Non-Federal entity may retain title or sell the equipment after compensating DOE as
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8 described in 2 CFR 200.313(e)(2); or (3) transfer title to DOE or to an eligible third party as specified in 2 CFR 200.313(e)(3).
See 2 CFR 200.313 for additional requirements pertaining to equipment acquired under a Federal award. See also 2 CFR 200.439 Equipment and other capital expenditures.
Term 16. Supplies
See 2 CFR 200.314 for requirements pertaining to supplies acquired under a Federal award. See also 2 CFR 200.453 Materials and supplies costs, including costs of computing devices.
Term 17. Property Trust Relationship
Real property, equipment, and intangible property, that are acquired or improved with a Federal award must be held in trust by the non-Federal entity as trustee for the beneficiaries of the project or program under which the property was acquired or improved. See 2 CFR 200.316 for additional requirements pertaining to real property, equipment, and intangible property acquired or improved under a Federal award.
Term 18. Record Retention
Consistent with 2 CFR 200.334 through 200.338, the Recipient is required to retain records relating to this Award.
Term 19. Audits
A. Government-Initiated Audits
The Recipient must provide any information, documents, site access, or other assistance requested by SCEP, DOE or Federal auditing agencies (e.g., DOE Inspector General, Government Accountability Office) for the purpose of audits and investigations. Such assistance may include, but is not limited to, reasonable access to the Recipient’s records relating to this Award.
Consistent with 2 CFR part 200 as amended by 2 CFR part 910, DOE may audit the Recipient’s financial records or administrative records relating to this Award at any time. Government-initiated audits are generally paid for by DOE.
DOE may conduct a final audit at the end of the project period (or the termination of the Award, if applicable). Upon completion of the audit, the Recipient is required to refund to DOE any payments for costs that were determined to be unallowable. If the audit has not been performed or completed prior to the closeout of the award, DOE retains the right to recover an appropriate amount after fully considering the recommendations on disallowed costs resulting from the final audit.
DOE will provide reasonable advance notice of audits and will minimize interference
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9 with ongoing work, to the maximum extent practicable.
B. Annual Independent Audits (Single Audit or Compliance Audit) The Recipient must comply with the annual independent audit requirements in 2 CFR 200.500 through .521 for institutions of higher education, nonprofit organizations, and state and local governments (Single audit), and 2 CFR 910.500 through .521 for for-profit entities (Compliance audit).
The annual independent audits are separate from Government-initiated audits discussed in part A. of this Term and must be paid for by the Recipient. To minimize expense, the Recipient may have a Compliance audit in conjunction with its annual audit of financial statements. The financial statement audit is not a substitute for the Compliance audit. If the audit (Single audit or Compliance audit, depending on Recipient entity type) has not been performed or completed prior to the closeout of the award, DOE may impose one or more of the actions outlined in 2 CFR 200.339, Remedies for Noncompliance.
Term 20. Indemnity
The Recipient shall indemnify DOE and its officers, agents, or employees for any and all liability, including litigation expenses and attorneys' fees, arising from suits, actions, or claims of any character for death, bodily injury, or loss of or damage to property or to the environment, resulting from the project, except to the extent that such liability results from the direct fault or negligence of DOE officers, agents or employees, or to the extent such liability may be covered by applicable allowable costs provisions.
Term 21. Foreign National Participation
If the Recipient (including any of its contractors) anticipates involving foreign nationals in the performance of the Award, the Recipient must, upon DOE’s request, provide DOE with specific information about each foreign national to ensure compliance with the requirements for participation and access approval. The volume and type of information required may depend on various factors associated with the Award. The DOE Contracting Officer will notify the Recipient if this information is required.
DOE may elect to deny a foreign national’s participation in the Award. Likewise, DOE may elect to deny a foreign national’s access to a DOE sites, information, technologies, equipment, programs or personnel.
Term 22. Post-Award Due Diligence Reviews
During the life of the Award, DOE may conduct ongoing due diligence reviews, through Government resources, to identify potential risks of undue foreign influence. In the event, a risk is identified, DOE may require risk mitigation measures, including but not limited to, requiring an individual or entity not participate in the Award.
Special Terms and Conditions
10 Subpart B. Financial Provisions
Term 23. Maximum Obligation
The maximum obligation of DOE for this Award is the total “Funds Obligated” stated in Block 13 of the Assistance Agreement to this Award.
Term 24. Refund Obligation
The Recipient must refund any excess payments received from SCEP, including any costs determined unallowable by the Contracting Officer. Upon the end of the project period (or the termination of the Award, if applicable), the Recipient must refund to SCEP the difference between (1) the total payments received from SCEP, and (2) the Federal share of the costs incurred. Refund obligations under this Term do not supersede the annual reconciliation or true up process if specified under the Indirect Cost Term.
Term 25. Allowable Costs
SCEP determines the allowability of costs through reference to 2 CFR part 200 as amended by 2 CFR part 910. All project costs must be allowable, allocable, and reasonable. The Recipient must document and maintain records of all project costs, including, but not limited to, the costs paid by Federal funds, costs claimed by its subcontractors, and project costs that the Recipient claims as cost sharing, including in-kind contributions. The Recipient is responsible for maintaining records adequate to demonstrate that costs claimed have been incurred, are reasonable, allowable and allocable, and comply with the cost principles. Upon request, the Recipient is required to provide such records to SCEP. Such records are subject to audit.
Failure to provide SCEP adequate supporting documentation may result in a determination by the Contracting Officer that those costs are unallowable.
The Recipient is required to obtain the prior written approval of the Contracting Officer for any foreign travel costs.
Term 26. Decontamination and/or Decommissioning (D&D) Costs Notwithstanding any other provisions of this Award, the Government shall not be responsible for or have any obligation to the Recipient for (1) Decontamination and/or Decommissioning (D&D) of any of the Recipient’s facilities, or (2) any costs which may be incurred by the Recipient in connection with the D&D of any of its facilities due to the performance of the work under this Award, whether said work was performed prior to or subsequent to the effective date of the Award.
Term 27. Use of Program Income
If the Recipient earns program income during the project period as a result of this Award, the
Special Terms and Conditions
11 Recipient must add the program income to the funds committed to the Award and used to further eligible project objectives.
Term 28. Payment Procedures
A. Method of Payment
Payment will be made by reimbursement by CFO through ACH. Equipment rebate voucher applications will be approved for payment by DOE once the equipment has been installed and all required documentation has been provided.
B. Payments
All payments are made by electronic funds transfer to the bank account identified attached to the Recipient’s UEI and identified in the Recipient’s SAM.gov account.
C. Unauthorized Drawdown of Federal Funds
For each budget period, the Recipient may not spend more than the Federal share authorized to that award, without specific written approval from the Contracting Officer. The Recipient must immediately refund SCEP any amounts spent in excess of the authorized amount.
A. Supporting Documents for Agency Approval of Payments
DOE may request additional information from the Recipient to support the payment requests prior to release of funds, as deemed necessary. The Recipient is required to comply with these requests. Supporting documents include invoices, copies of contracts, vendor quotes, proof of installation and other expenditure explanations that justify the payment requests.
Term 29. Budget Changes
A. Budget Changes Generally
The Contracting Officer has reviewed and approved the budget in Attachment 1 to this Award.
Any increase in the total project cost, whether DOE share or Cost Share, which is stated as “Total” in Block 12 to the Assistance Agreement of this Award, must be approved in advance and in writing by the Contracting Officer.
Any change that alters the project scope, milestones or deliverables requires prior written approval of the Contracting Officer. SCEP may deny reimbursement for any failure to comply with the requirements in this term.
Special Terms and Conditions
12 B. Transfers of Funds Among Direct Cost Categories
The Recipient is required to obtain the prior written approval of the Contracting Officer for any transfer of funds among direct cost categories where the cumulative amount of such transfers exceeds or is expected to exceed 10 percent of the total project cost stated in the budget on the recipient’s application.
The Recipient is required to notify the DOE Technology Manager/Project Officer of any transfer of funds among direct cost categories where the cumulative amount of such transfers is equal to or below 10 percent of the total project cost, stated in the budget on the recipient’s application.
Subpart C. Miscellaneous Provisions
Term 30. Environmental, Safety and Health Performance of Work at DOE Facilities
With respect to the performance of any portion of the work under this Award which is performed at a DOE -owned or controlled site, the Recipient agrees to comply with all State and Federal Environmental, Safety and Health (ES&H) regulations and with all other ES&H requirements of the operator of such site.
Prior to the performance on any work at a DOE-owned or controlled site, the Recipient shall contact the site facility manager for information on DOE and site-specific ES&H requirements.
The Recipient is required apply this provision to its contractors.
Term 31. System for Award Management and Universal Identifier Requirements
A. Requirement for Registration in the System for Award Management (SAM) Unless the Recipient is exempted from this requirement under 2 CFR 25.110, tThe Recipient must maintain the currency of its information in SAM until the Recipient submits the final financial report required under this Award or receive the final payment, whichever is later. This requires that the Recipient reviews and updates the information at least annually after the initial registration, and more frequently if required by changes in its information or another award term.
B. Unique Entity Identifier (UEI)
SAM automatically assigns a UEI to all active SAM.gov registered entities. Entities no longer have to go to a third-party website to obtain their identifier. This information
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13 is displayed on SAM.gov.
If the Recipient is authorized to make subawards under this Award, the Recipient:
i. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from the Recipient unless the entity has provided its UEI number to the Recipient.
ii. May not make a subaward to an entity unless the entity has provided its UEI number to the Recipient.
C. Definitions
For purposes of this award term:
i. System for Award Management (SAM) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional information about registration procedures may be found at the SAM Internet site (currently at ).
ii. Unique Entity Identifier (UEI) is the 12-character, alpha-numeric identifier that will be assigned by SAM.gov upon registration.
iii. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR Part 25, subpart C:
1. A Governmental organization, which is a State, local government, or Indian Tribe.
2. A foreign public entity.
3. A domestic or foreign nonprofit organization.
4. A domestic or foreign for-profit organization.
5. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal entity.
iv. Subaward:
1. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which the Recipient received this Award and that the Recipient awards to an eligible subrecipient.
2. The term does not include the Recipient’s procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR 200.501 Audit requirements, (f) Subrecipients
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14 and Contractors and/or 2 CFR 910.501 Audit requirements, (f) Subrecipients and Contractors).
3. A subaward may be provided through any legal agreement, including an agreement that the Recipient considers a contract.
v. Subrecipient means an entity that:
1. Receives a subaward from the Recipient under this Award; and
2. Is accountable to the Recipient for the use of the Federal funds provided by the subaward.
Term 32. Nondisclosure and Confidentiality Agreements Assurances
A. By entering into this agreement, the Recipient attests that it does not and will not require its employees or contractors to sign internal nondisclosure or confidentiality agreements or statements prohibiting or otherwise restricting its employees or contactors from lawfully reporting waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
B. The Recipient further attests that it does not and will not use any Federal funds to implement or enforce any nondisclosure and/or confidentiality policy, form, or agreement it uses unless it contains the following provisions:
i. ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter the employee obligations, rights, or liabilities created by existing statute or Executive order relating to (1) classified information, (2) communications to Congress, (3) the reporting to an Inspector General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety, or (4) any other whistleblower protection. The definitions, requirements, obligations, rights, sanctions, and liabilities created by controlling Executive orders and statutory provisions are incorporated into this agreement and are controlling.’’
ii. The limitation above shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.
iii. Notwithstanding provision listed in paragraph (a), a nondisclosure or confidentiality policy form or agreement that is to be executed by a person connected with the conduct of an intelligence or intelligence-related activity,
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15 other than an employee or officer of the United States Government, may contain provisions appropriate to the particular activity for which such document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified information received in the course of such activity unless specifically authorized to do so by the United States Government. Such nondisclosure or confidentiality forms shall also make it clear that they do not bar disclosures to Congress, or to an authorized official of an executive agency or the Department of Justice, that are essential to reporting a substantial violation of law.
Term 33. Contractor Change Notification
Except for contractors specifically proposed as part of the Recipient’s Application for award, the Recipient must notify the Contracting Officer and Project Manager in writing 30 days prior to the execution of new or modified contract agreements, including naming any To Be Determined contractors. This notification does not constitute a waiver of the prior approval requirements outlined in 2 CFR part 200 as amended by 2 CFR part 910, nor does it relieve the Recipient from its obligation to comply with applicable Federal statutes, regulations, and executive orders.
In order to satisfy this notification requirement, the Recipient documentation must, as a minimum, include the following:
• A description of the service to be provided or the equipment to be purchased. • An assurance that the process undertaken by the Recipient to solicit the contractor complies with their written procurement procedures as outlined in 2 CFR 200.317 through 200.327.
• An assurance that no planned, actual or apparent conflict of interest exists between the Recipient and the selected contractor and that the Recipient’s written standards of conduct were followed.
3 • A completed Environmental Questionnaire, if applicable. • An assurance that the contractor is not a debarred or suspended entity. • An assurance that all required award provisions will be flowed down in the resulting contract agreement.
3 It is DOE’s position that the existence of a “covered relationship” as defined in 5 CFR 2635.502(a)&(b) between a member of the Recipient’s owners or senior management and a member of a subrecipient’s owners or senior management creates at a minimum an apparent conflict of interest that would require the Recipient to notify the Contracting Officer and provide detailed information and justification (including, for example, mitigation measures) as to why the subrecipient agreement does not create an actual conflict of interest. The Recipient must also notify the Contracting Officer of any new subrecipient agreement with: (1) an entity that is owned or otherwise controlled by the Recipient; or (2) an entity that is owned or otherwise controlled by another entity that also owns or otherwise controls the Recipient, as it is DOE’s position that these situations also create at a minimum an apparent conflict of interest.
Special Terms and Conditions
16 The Recipient is responsible for making a final determination to award or modify contractor agreements under this agreement, but the Recipient may not proceed with the contractor agreement until the Contracting Officer determines, and provides the Recipient written notification, that the information provided is adequate.
Should the Recipient not receive a written notification of adequacy from the Contracting Officer within 30 days of the submission of the contractor documentation stipulated above, the Recipient may proceed to award or modify the proposed contractor agreement.
Term 34. Recipient Integrity and Performance Matters
A. General Reporting Requirement
If the total value of your currently active Financial Assistance awards, grants, and procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this Federal award, then you as the recipient during that period of time must maintain the currency of information reported to the System for Award Management (SAM) that is made available in the designated integrity and performance system (currently the Federal Awardee Performance and Integrity Information System (FAPIIS)) about civil, criminal, or administrative proceedings described in paragraph 2 of this term. This is a statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C. 2313). As required by section 3010 of Public Law 111-212, all information posted in the designated integrity and performance system on or after April 15, 2011, except past performance reviews required for Federal procurement contracts, will be publicly available.
B. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
i. Is in connection with the award or performance of a Financial Assistance, cooperative agreement, or procurement contract from the Federal Government;
ii. Reached its final disposition during the most recent five-year period; and iii. Is one of the following:
1. A criminal proceeding that resulted in a conviction, as defined in paragraph E of this award term and condition;
2. A civil proceeding that resulted in a finding of fault and liability and payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more;
3. An administrative proceeding, as defined in paragraph E of this term, that resulted in a finding of fault and liability and your payment of either a monetary fine or penalty of $5,000 or more or
reimbursement, restitution, or damages in excess of $100,000; or
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17 4. Any other criminal, civil, or administrative proceeding if:
a. It could have led to an outcome described in paragraph B.iii.1, 2, or 3 of this term;
b. It had a different disposition arrived at by consent or compromise with an acknowledgment of fault on your part; and
c. The requirement in this term to disclose information about the proceeding does not conflict with applicable laws and regulations.
C. Reporting Procedures
Enter in the SAM Entity Management area the information that SAM requires about each proceeding described in paragraph B of this term. You do not need to submit the information a second time under assistance awards that you received if you already provided the information through SAM because you were required to do so under Federal procurement contracts that you were awarded.
D. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph A of this term, you must report proceedings information through SAM for the most recent five-year period, either to report new information about any proceeding(s) that you have not reported previously or affirm that there is no new information to report. Recipients that have Federal contract, Financial Assistance awards, (including cooperative agreement awards) with a cumulative total value greater than $10,000,000, must disclose semiannually any information about the criminal, civil, and administrative proceedings.
E. Definitions
For purposes of this term:
i. Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative proceedings, Civilian Board of Contract Appeals proceedings, and Armed Services Board of Contract Appeals proceedings). This includes proceedings at the Federal and State level but only in connection with performance of a Federal contract or Financial Assistance awards. It does not include audits, site visits, corrective plans, or inspection of deliverables.
ii. Conviction means a judgment or conviction of a criminal offense by any court of competent jurisdiction, whether entered upon a verdict or a plea, and includes a conviction entered upon a plea of nolo contendere. iii. Total value of currently active Financial Assistance awards, cooperative agreements and procurement contracts includes—
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18 1. Only the Federal share of the funding under any Federal award with a recipient cost share or match; and
2. The value of all expected funding increments under a Federal award and options, even if not yet exercised.
Term 35. Export Control
The United States government regulates the transfer of information, commodities, technology, and software considered to be strategically important to the U.S. to protect national security, foreign policy, and economic interests without imposing undue regulatory burdens on legitimate international trade. There is a network of Federal agencies and regulations that govern exports that are collectively referred to as “Export Controls.” The Recipient is responsible for ensuring compliance with all applicable United States Export Control laws and regulations relating to any work performed under a resulting award.
The Recipient must immediately report to DOE any export control violations related to the project funded under this award, at the recipient or subrecipient level, and provide the corrective action(s) to prevent future violations.
Term 36. Interim Conflict of Interest Policy for Financial Assistance The DOE interim Conflict of Interest Policy for Financial Assistance (COI Policy) can be found at https://www.energy.gov/management/department-energy-interim-conflict-interest-policy- requirements-financial-assistance. This policy is applicable to all non-Fe deral entities applying for, or that receive, DOE funding by means of a financial assistance award (e.g., a grant, cooperative agreement, or technology investment agreement) and, through the implementation of this policy by the entity, to each Investigator who is planning to participate in, or is participating in, the project funded wholly or in part under this Award. The term “Investigator” means the PI and any other person, regardless of title or position, who is responsible for the purpose, design, conduct, or reporting of a project funded by DOE or proposed for funding by DOE. The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. Further, the Recipient must identify all financial conflicts of interests (FCOI), i.e., managed and unmanaged/ unmanageable, in its initial and ongoing FCOI reports.
Prior to award, the Recipient was required to: 1) ensure all Investigators on this Award completed their significant financial disclosures; 2) review the disclosures; 3) determine whether a FCOI exists; 4) develop and implement a management plan for FCOIs; and 5) provide DOE with an initial FCOI report that includes all FCOIs (i.e., managed and unmanaged/unmanageable). Within 180 days of the date of the Award, the Recipient must be in full compliance with the other requirements set forth in DOE’s interim COI Policy.
Term 37. Organizational Conflict of Interest
Organizational conflicts of interest are those where, because of relationships with a parent company, affiliate, or subsidiary organization, the Recipient is unable or appears to be unable to
Special Terms and Conditions
19 be impartial in conducting procurement action involving a related organization (2 CFR 200.318(c)(2)).
The Recipient must disclose in writing any potential or actual organizational conflict of interest to the DOE Contracting Officer. The Recipient must provide the disclosure prior to engaging in a procurement or transaction using project funds with a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe. For a list of the information that must be included the disclosure, see Section VI. of the DOE interim Conflict of Interest Policy for Financial Assistance at
https://www.energy.gov/management/department-energy-
interim-conflict-interest-policy-requirements-financial-assistance.
If the effects of the potential or actual organizational conflict of interest cannot be avoided, neutralized, or mitigated, the Recipient must procure goods and services from other sources when using project funds. Otherwise, DOE may terminate the Award in accordance with 2 CFR 200.340 unless continued performance is determined to be in the best interest of the Federal government.
The Recipient must flow down the requirements of the interim COI Policy to any contracting non-Federal entities, with the exception of DOE National Laboratories. The Recipient is responsible for ensuring contractor compliance with this term.
If the Recipient has a parent, affiliate, or subsidiary organization that is not a state, local government, or Indian tribe, the Recipient must maintain written standards of conduct covering organizational conflicts of interest.
Term 38. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment
As set forth in 2 CFR 200.216, recipients and subrecipients are prohibited from obligating or expending project funds (Federal and non-Federal funds) to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). (i) For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video
Special Terms and Conditions
20 surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). (ii) Telecommunications or video surveillance services provided by such entities or using such equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.
See Public Law 115-232, section 889 for additional information.
Term 39. Human Subjects Research
Research involving human subjects, biospecimens, or identifiable private information conducted with Department of Energy (DOE) funding is subject to the requirements of DOE Order 443.1C, Protection of Human Research Subjects, 45 CFR Part 46, Protection of Human Subjects (subpart A which is referred to as the “Common Rule”), and 10 CFR Part 745, Protection of Human Subjects.
Federal regulation and the DOE Order require review by an Institutional Review Board (IRB) of all proposed human subjects research projects. The IRB is an interdisciplinary ethics board responsible for ensuring that the proposed research is sound and justifies the use of human subjects or their data; the potential risks to human subjects have been minimized; participation is voluntary; and clear and accurate information about the study, the benefits and risks of participating, and how individuals’ data/specimens will be protected/used, is provided to potential participants for their use in determining whether or not to participate.
The Recipient shall provide the Federal Wide Assurance number identified in item 1 below and the certification identified in item 2 below to DOE prior to initiation of any project that will involve interactions with humans in some way (e.g., through surveys); analysis of their identifiable data (e.g., demographic data and energy use over time); asking individuals to test devices, products, or materials developed through research; and/or testing of commercially available devices in buildings/homes in which humans will be present. Note: This list of examples is illustrative and not all inclusive.
No DOE funded research activity involving human subjects, biospecimens, or identifiable private information shall be conducted without:
Special Terms and Conditions
21 1) A registration and a Federal Wide Assurance of compliance accepted by the Office of Human Research Protection (OHRP) in the Department of Health and Human Services; and
2) Certification that the research has been reviewed and approved by an Institutional Review Board (IRB) provided for in the assurance. IRB review may be accomplished by the awardee’s institutional IRB; by the Central DOE IRB; or if collaborating with one of the DOE national laboratories, by the DOE national laboratory IRB.
The Recipient is responsible for ensuring all subrecipients comply and for reporting information on the project annually to the DOE Human Subjects Research Database (HSRD) at https://science.osti.gov/HumanSubjects/Human-Subjects-Database/home . Note: If a DOE IRB
is used, no end of year reporting will be needed.
Additional information on the DOE Human Subjects Research Program can be found at:
https://science.osti.gov/ber/human-subjects
Term 40. Fraud, Waste and Abuse
The mission of the DOE Office of Inspector General (OIG) is to strengthen the integrity, economy and efficiency of DOE’s programs and operations including deterring and detecting fraud, waste, abuse and mismanagement. The OIG accomplishes this mission primarily through investigations, audits, and inspections of Department of Energy activities to include grants, cooperative agreements, loans, and contracts. The OIG maintains a Hotline for reporting allegations of fraud, waste, abuse, or mismanagement. To report such allegations, please visit https
://www.energy.gov/ig/ig-ho
tline.
A
dditionally, the Recipient must be cognizant of the requirements of 2 CFR § 200.113 Mandatory disclosures, which states:
T
he non-F
ederal entity or applicant for a Federal award must disclose, in a timely manner, in writing to the Federal awarding agency or pass-t hrough
entity all violations of Federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the Federal award. Non -F
ederal entities that
have received a Federal award including the term and condition outlined in appendix XII of 2 CFR Part 200 are required to report certain civil, criminal, or administrative proceedings to SAM (currently FAPIIS). Failure to make required disclosures can result in any of the remedies described in § 200.339. (See also 2 CFR part 180, 31 U.S.C. 3321, and 41 U.S.C. 2313.) Subpart D. Bipartisan Infrastructure Law (BIL)-specific requirements
Term 41. Reporting, Tracking and Segregation of Incurred Costs
Special Terms and Conditions
22 BIL funds can be used in conjunction with other funding, as necessary to complete projects, but tracking and reporting must be separate to meet the reporting requirements of the BIL and related Office of Management and Budget (OMB) Guidance. The Recipient must keep separate records for BIL funds and must ensure those records comply with the requirements of the BIL.
Funding provided through the BIL that is supplemental to an existing grant or cooperative agreement is one-time funding.
Term 42. Davis-Bacon Requirements
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient, subrecipients, contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2,000 on an award funded directly by or assisted in whole or in part by funds made available under this award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
Recipients shall provide written assurance acknowledging the DBA requirements for the award or project and confirming that all of the laborers and mechanics performing construction, alteration, or repair, through funding under the award are paid or will be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by Subchapter IV of Chapter 31 of Title 40, United States Code (Davis-Bacon Act).
The Recipient must comply with all of the Davis-Bacon Act requirements, including but not limited to:
(1) ensuring that the wage determination(s) and appropriate Davis-Bacon clauses and requirements are flowed down to and incorporated into any applicable subcontracts.
(2) being responsible for compliance by any subcontractor with the Davis-Bacon labor standards.
(3) receiving and reviewing certified weekly payrolls submitted by all subcontractors and subrecipients for accuracy and to identify potential compliance issues.
(4) maintaining original certified weekly payrolls for 3 years after the completion of the project and must make those payrolls available to the DOE or the Department of Labor upon request, as required by 29 CFR 5.6(a)(2). (5) conducting payroll and job-site reviews for construction work, including interviews with employees, with such frequency as may be necessary to assure compliance by its subcontractors and as requested or directed by the DOE. (6) cooperating with any authorized representative of the Department of Labor in their inspection of records, interviews with employees, and other actions undertaken as part of a Department of Labor investigation.
Special Terms and Conditions
23 (7) posting in a prominent and accessible place the wage determination(s) and Department of Labor Publication: WH-1321, Notice to Employees Working on Federal or Federally Assisted Construction Projects.
(8) notifying the Contracting Officer of all labor standards issues, including all complaints regarding incorrect payment of prevailing wages and/or fringe benefits, received from the recipient, , contractor, or subcontractor employees; significant labor standards violations, as defined in 29 CFR 5.7; disputes concerning labor standards pursuant to 29 CFR parts 4, 6, and 8 and as defined in FAR 52.222-14; disputed labor standards determinations; Department of Labor investigations; or legal or judicial proceedings related to the labor standards under this Contract, a subcontract, or subrecipient award. (9) preparing and submitting to the Contracting Officer, the Office of Management and Budget Control Number 1910-5165, Davis Bacon Semi-Annual Labor Compliance Report, by April 21 and October 21 of each year. Form submittal will be administered through the iBenefits system (https://doeibenefits2.energy.gov) or its successor system.
The Recipient must undergo Davis-Bacon Act compliance training and must maintain competency in Davis-Bacon Act compliance. The Contracting Officer will notify the Recipient of any DOE sponsored Davis-Bacon Act compliance trainings. The Department of Labor offers free Prevailing Wage Seminars several times a year that meet this requirement, at https://www.dol.gov/agencies/whd/government-contracts/construction/seminars/events .
The Department of Energy has contracted with, a third-party DBA electronic payroll compliance software application. The Recipient must ensure the timely electronic submission of weekly certified payrolls as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software.
Davis Bacon Act Electronic Certified Payroll Submission Waiver A waiver must be granted before the award starts. The applicant does not have the right to appeal SCEP’s decision concerning a waiver request.
For additional guidance on how to comply with the Davis-Bacon provisions and clauses, see https://www.dol.gov/agencies/whd/government-contracts/construction and
https://www.dol.gov/agencies/whd/government-contracts/protections-for-workers-in- construction.
Term 43. Buy American Requirement for Infrastructure Projects
*NOTE: Buy American Requirements only apply to awards over $250,000. Please disregard this section if your total EECBG Program award is less than $250,000.
Special Terms and Conditions
24 A. Definitions
Components are defined as the articles, materials, or supplies incorporated directly into the end manufactured product(s).
Construction Materials are an article, material, or supply—other than an item primarily of iron or steel; a manufactured product; cement and cementitious materials; aggregates such as stone, sand, or gravel; or aggregate binding agents or additives—that is used in an infrastructure project and is or consists primarily of non-ferrous metals, plastic and polymer-based products (including
polyvinylchloride, composite building materials, and polymers used in fiber optic cables), glass (including optic glass), lumber, drywall, coatings (paints and stains), optical fiber, clay brick; composite building materials; or enginSCEPd wood products.
Domestic Content Procurement Preference Requirement- means a requirement that no amounts made available through a program for federal financial assistance may be obligated for an infrastructure project unless—
(A) all iron and steel used in the project are produced in the United States;
(B) the manufactured products used in the project are produced in the United States; or
(C) the construction materials used in the project are produced in the United States.
Also referred to as the Buy America Requirement.
Infrastructure includes, at a minimum, the structures, facilities, and equipment located in the United States, for: roads, highways, and bridges; public transportation; dams, ports, harbors, and other maritime facilities; intercity passenger and freight railroads; freight and intermodal facilities; airports; water systems, including drinking water and wastewater systems; electrical transmission facilities and systems; utilities; broadband infrastructure; and buildings and real property; and generation, transportation, and distribution of energy - including electric vehicle (EV) charging.
The term “infrastructure” should be interpreted broadly, and the definition provided above should be considered as illustrative and not exhaustive.
Special Terms and Conditions
25 Manufactured Products are items used for an infrastructure project made up of components that are not primarily of iron or steel; construction materials; cement and cementitious materials’ aggregates such as stone, sand, or gravel; or aggregate binding agents or additives.
Primarily of iron or steel means greater than 50% iron or steel, measured by cost.
Project- means the construction, alteration, maintenance, or repair of infrastructure in the United States.
Public- The Buy America Requirement does not apply to non-public infrastructure. For purposes of this guidance, infrastructure should be considered “public” if it is: (1) publicly owned or (2) privately owned but utilized primarily for a public purpose. Infrastructure should be considered to be “utilized primarily for a public purpose” if it is privately operated on behalf of the public or is a place of public accommodation.
B. Buy America Requirement
None of the funds provided under this award (federal share or recipient cost-share) may be used for a project for infrastructure unless:
1. All iron and steel used in the project is produced in the United States—this means all manufacturing processes,
from the initial melting stage through the application of coatings, occurred in the United States;
2. All manufactured products used in the project are
produced in the United States—this means the
manufactured product was manufactured in the United
States; and the cost of the components of the
manufactured product that are mined, produced, or
manufactured in the United States is greater than 55
percent of the total cost of all components of the
manufactured product, unless another standard for
determining the minimum amount of domestic content of
the manufactured product has been established under
applicable law or regulation; and
Special Terms and Conditions
26 3. All construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America Requirement only applies to articles, materials, and supplies that are consumed in, incorporated into, or permanently affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought into the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America Requirement apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Recipients are responsible for administering their award in accordance with the terms and conditions, including the Buy America Requirement. The recipient must ensure that the Buy America Requirement flows down to all subawards and that the subawardees and subrecipients comply with the Buy America Requirement. The Buy America Requirement term and condition must be included all sub-awards, contracts, subcontracts, and purchase orders for work performed under the infrastructure project.
C. Certification of Compliance
The Recipient must certify or provide equivalent documentation for proof of compliance that a good faith effort was made to solicit bids for domestic products used in the infrastructure project under this Award.
The Recipient must also maintain certifications or equivalent documentation for proof of compliance that those articles, materials, and supplies that are consumed in, incorporated into, affixed to, or otherwise used in the infrastructure project, not covered by a waiver or exemption, are produced in the United States. The certification or proof of compliance must be provided by the suppliers or manufacturers of the iron, steel, manufactured products and construction materials and flow up from all subawardees, contractors and vendors to the Recipient. The Recipient must keep these certifications with the award/project files and be able to produce them upon request from DOE, auditors or Office of Inspector General.
Special Terms and Conditions
27 D. Waivers
When necessary, the Recipient may apply for, and DOE may grant, a waiver from the Buy America Requirement. Requests to waive the application of the Buy America Requirement must be in writing to the Contracting Officer. Waiver requests are subject to review by DOE and the Office of Management and Budget, as well as a public comment period of no less than 15 calendar days.
Waivers must be based on one of the following justifications:
1. Public Interest- Applying the Buy America Requirement would be inconsistent with the public interest;
2. Non-Availability- The types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or
3. Unreasonable Cost- The inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent.
Requests to waive the Buy America Requirement must include the following:
• Waiver type (Public Interest, Non-Availability, or Unreasonable Cost);
• Recipient name and Unique Entity Identifier (UEI);
• Award information (Federal Award Identification Number, Assistance Listing number);
• A brief description of the project, its location, and the specific infrastructure involved;
• Total estimated project cost, with estimated federal share and recipient cost share breakdowns;
• Total estimated infrastructure costs, with estimated federal share and recipient cost share breakdowns;
• List and description of iron or steel item(s), manufactured goods, and/or construction material(s) the recipient seeks to waive from the Buy America Preference, including name, cost, quantity(ies), country(ies) of origin, and relevant Product Service Codes (PSC) and North American Industry Classification System (NAICS) codes for each;
Special Terms and Conditions
28 • A detailed justification as to how the non-domestic item(s) is/are essential the project;
• A certification that the recipient made a good faith effort to solicit bids for domestic products supported by terms included in requests for proposals, contracts, and non-proprietary communications with potential suppliers;
• A justification statement—based on one of the applicable justifications outlined above—as to why the listed items cannot be procured domestically, including the due diligence performed (e.g., market research, industry outreach, cost analysis, cost-benefit analysis) by the recipient to attempt to avoid the need for a waiver. This justification may cite, if applicable, the absence of any Buy America-compliant bids received for domestic products in response to a solicitation; and
• Anticipated impact to the project if no waiver is issued.
The Recipient should consider using the following principles as minimum requirements contained in their waiver request:
• Time-limited: Consider a waiver constrained principally by a length of time, rather than by the specific project/award to which it applies. Waivers of this type may be appropriate, for example, when an item that is “non-available” is widely used in the project. When requesting such a waiver, the Recipient should identify a reasonable, definite time frame (e.g., no more than one to two years) designed so that the waiver is reviewed to ensure the condition for the waiver (“non-availability”) has not changed (e.g., domestic supplies have become more
available).
• Targeted: Waiver requests should apply only to the item(s), product(s), or material(s) or category(ies) of item(s), product(s), or material(s) as necessary and justified. Waivers should not be overly broad as this will undermine domestic preference policies.
• Conditional: The Recipient may request a waiver with specific conditions that support the policies of IIJA/BABA and Executive Order 14017.
DOE may request, and the Recipient must provide, additional information for consideration of this wavier. DOE may reject or grant
Special Terms and Conditions
29 waivers in whole or in part depending on its review, analysis, and/or feedback from OMB or the public. DOEs final determination regarding approval or rejection of the waiver request may not be appealed.
Waiver requests may take up to 90 calendar days to process.
Term 44. Affirmative Action and Pay Transparency Requirements All federally assisted construction contracts exceeding $10,000 annually will be subject to the requirements of Executive Order 11246:
(1) Recipients and contractors are prohibited from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identity or national origin.
(2) Recipients and contractors are required to take affirmative action to ensure that equal opportunity is provided in all aspects of their employment. This includes flowing down the appropriate language to all subrecipients, contractors and subcontractors.
(
3) Recipients and contractors are prohibited from taking adverse employment actions against applicants and employees for asking about, discussing, or sharing information about their pay or, under certain circumstances, the pay of their co
-wo
rkers.
T
he Department of Labor’s (DOL) Office of Federal Contractor Compliance Programs (OFCCP) uses a neutral process to schedule contractors for compliance evaluations. OFCCP’s Technical Assistance Guide4 should be consulted to gain an understanding of the requirements and possible actions the recipients, subrecipients, contractors and subcontractors must take.
Term 45. Potentially Duplicative Funding Notice
If the Recipient have or receive any other award of federal funds for activities that potentially overlap with the activities funded under this Award, the Recipient must promptly notify DOE in writing of the potential overlap and state whether project funds (i.e., recipient cost share and federal funds) from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items under this Award. If there are identical cost items, the Recipient must promptly notify the DOE Contracting Officer in writing of the potential duplication and eliminate any inappropriate duplication of funding.
Term 46. Transparency of Foreign Connections
4 See OFCCP’s Technical Assistance Guide at:
https://www.dol.gov/sites/dolgov/files/ofccp/Construction/files/ConstructionTAG.pdf?msclkid=9e397d68c4b111ec 9d8e6fecb6c710ec Also see the National Policy Assurances http://www.nsf.gov/awards/managing/rtc.jsp
Special Terms and Conditions
30 During the term of the Award, the Recipient must notify the DOE Contracting Officer within fifteen (15) business days of learning of the following circumstances in relation to the Recipient or contractors:
1. The existence of any joint venture or subsidiary that is based in, funded by, or has a foreign affiliation with any foreign country of risk;
2. Any current or pending contractual or financial obligation or other agreement specific to a business arrangement, or joint venture-like arrangement with an enterprise owned by a country of risk or foreign entity based in a country of risk;
3. Any current or pending change in ownership structure of the Recipient or contractors that increases foreign ownership related to a country of risk;
4. Any current or pending venture capital or institutional investment by an entity that has a general partner or individual holding a leadership role in such entity who has a foreign affiliation with any foreign country of risk;
5. Any current or pending technology licensing or intellectual property sales to a foreign country of risk; and
6. Any current or pending foreign business entity, offshore entity, or entity outside the United States related to the Recipient or subrecipient.
Term 47. Foreign Collaboration Considerations
a. Consideration of new collaborations with foreign organizations and governments.
The Recipient must provide DOE with advanced written notification of any potential collaboration with foreign entities, organizations or governments in connection with its DOE-funded award scope. The Recipient must await further guidance from DOE prior to contacting the proposed foreign entity, organization or government regarding the potential collaboration or negotiating the terms of any potential agreement.
b. Existing collaborations with foreign entities, organizations and governments. The Recipient must provide DOE with a written list of all existing foreign collaborations in which has entered in connection with its DOE-funded award scope.
c. Description of collaborations that should be reported: In general, a collaboration will involve some provision of a thing of value to, or from, the Recipient. A thing of value includes but may not be limited to all resources made available to, or from, the recipient in support of and/or related to the Award, regardless of whether or not they have monetary value. Things of value also may include in-kind contributions (such as office/laboratory space, data, equipment, supplies, employees, students).
In-kind contributions not intended for direct use on the Award but resulting in provision of a thing of value from or to the Award must also be reported.
Collaborations do not include routine workshops, conferences, use of the Recipient’s services and facilities by foreign investigators resulting from its standard published
Special Terms and Conditions
31 process for evaluating requests for access, or the routine use of foreign facilities by awardee staff in accordance with the Recipient’s standard policies and procedures.
________________________________________________________________ Authorized Signature Date
Name:
Title:
Entity Name:
Template Version 04/01/23
Federal Assistance Reporting Checklist
Attachment 1
1. Recipient:
2. Program/Project Title:
3. Reporting Requirements (see also the Special Instructions) Frequency Addresses
I. PROJECT MANAGEMENT REPORTING
A. Performance Report Y
A. Complete in Voucher Portal Home (site.com)
B. Financial Report (SF-425) Y B. Upload to the Voucher Portal Home (site.com) C. Tangible Personal Property Report – Final Report (SF-428 & SF- 428B & SF-428S)
D. Annual Historic Preservation Report
F
Y
C. Upload to Voucher Portal Home (site.com)
D. Submit via Historic Preservation Reporting Form
IV. Bipartisan Infrastructure Law Reporting
A. Quality Job Creation
1. Direct Jobs
B. Pathway to Net-Zero
1. Infrastructure Supported
2. Energy Saved
C. One- Time Location Report
Y
Y
Y
1 A.1. Upload to the Voucher Portal Home (site.com)
B.1. Complete in Voucher Portal Home (site.com)
B.2. Complete in Voucher Portal Home (site.com)
C. Upload to Voucher Portal Home (site.com)
II. AWARD MANAGEMENT REPORTING
A. Tangible Personal Property Report – Disposition Request/Report (SF-428 & SF-428C) (if applicable)
A5 A. Upload to Voucher Portal Home (site.com)
B. Single Audit: States, Locals, Tribal Governments (if applicable) Y180 B. Upload to Clearinghouse https://harvester.census.gov/facweb/Default.aspx
C. NEPA
1. NEPA Logs (if applicable)
D. Davis Bacon Act
1. Semi-Annual Davis Bacon (if applicable)
2. Weekly Payroll Report (if applicable)
Q
S
W
C. Submit to [email protected] and Upload to
the Voucher Portal Home (site.com)
D1. Upload to Voucher Portal Home (site.com)
D2. TBD
2 Federal Assistance Reporting Checklist
4. Reporting Requirements (see also the Special Instructions) Frequency Addresses FREQUENCY CODES AND DUE DATES:
A5 – As Specified or within five (5) calendar days after the event.
F – Final; within 120 calendar days after expiration or termination of the award.
O – Other: See instructions for further details.
P – Post-project (after the period of performance); within five (5) calendar days after the event, or as specified.
Q – Quarterly; within 30 calendar days after the end of the federal fiscal year quarter.
S – Semiannually; within 30 days after end of the reporting period.
Y – Yearly; within 90 calendar days after the end of the federal fiscal year.
Y180 – Yearly; within 180 calendar days after the close of the recipient’s fiscal year.
W – Weekly; within 7 days of the payroll
1 – One time report
FULL URLS:
Voucher Portal: https://doerebates.my.site.com/eecbgvouchers/s/
Special Instructions:
A. Tangible Personal Property Report – Disposition Request/Report (SF- 428C)
This report is only needed if you plan to dispose of the equipment purchased with federal funding at the end of your project.
B. Single Audit: Local and Tribal Governments
An audit must be provided by local and tribal governments that have received more than $750,000 in federal funding. Audits must have been completed no later than 2021.
C.2 Quarterly National Environmental Policy Act (NEPA) Logs All activities involving ground disturbance will require NEPA log submittals.
Template NEPA logs can be found at www.energy.gov/node/4816816. NEPA logs must be submitted to [email protected] and uploaded to the Voucher Portal every quarter. NEPA logs must be submitted for all ground disturbing activities.
D. Davis Bacon Act – Semi-Annual and Weekly Payroll Reports Both reports are needed for all DBA applicable projects. The Davis-Bacon and Related Acts apply to contractors and subcontractors performing on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or public works. More information on DBA can be found here: Davis-Bacon and Related Acts | U.S. Department of Labor (dol.gov)
3 Federal Assistance Reporting Checklist
Table of Contents
I. Project Management Reporting………………………………………………………………………………………….4 A. Performance Report ................................................................................................................. 4 B. Financial Report SF-425 Federal Financial Report…………………………………………………………………..5 C. Tangible Personal Property Report - Final Report (SF-428; SF-428B; SF-428 S)……………………….5 D. Annual Historic Preservation Report………………………………………………………………………………………6 II. BIL Reporting………………………………………………………………………….………………………………………….6 A. Quality Job Creation………………………………………………………………………………………………………………6 B. Pathways to Net Zero…………………………………………………………………………………………………………….6 C. One Time Location Report……………………………………………………………………………………………………..7 III. Award Management Reporting…………………………………………………………………………………………7 A. Tangible Personal Property Report - Disposition Request/Report (SF-428 & SF-428 C)…………. 7 B. Singl Audit: States, Local Government, Tribal Governments…………………………………………………..8 C. National Environmental Policy Act (NEPA) Reports………………………………………………………………..9 D. Davis Bacon Act Reports………………………………………………………………………………………………………..9 IV. Appendix A: Notice To Recipients Regarding Protected Data, Limited Rights Data and Protected Personally Identifiable Information……………………………………………………………………..11
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Reporting Instructions
Throughout the performance of the project, it is important that you mark Protected Data/Limited Rights Data as described in Appendix A. It is equally important that you not submit Protected Personally Identifiable Information (Protected PII) to DOE. See Appendix A for guidance on Protected PII.
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Project Management Reporting
A. Performance Report
Complete on: Voucher Portal: http://doerebates.mysite.com/eecbgvouchers Submission
deadline:
Within 30 calendar days after the end of the annual reporting period (Sept 30) Within 120 calendar days after the end of the award period of performance
Annually, the prime recipient is required to submit a Performance Report for the project.
This report summarizes the entirety of work performed by the voucher recipient and contractors. The Performance Report contains qualitative information on the project progress, and captures quantitative information on the project progress. The PR must include the following information. This report will be completed in the Voucher Portal and also include the Bipartisan Infrastructure Law Reporting (Section IV above). The annual report will be waived if no progress on project has been made in the first year. The report can be submitted once as a final report if the project is completed in the first year.
4. Organizations: Identify all subrecipients, contractors, U.S. National Laboratories, partners, and collaborating organizations. Recipients must also include all foreign collaborators as outlined in the Foreign Collaboration Considerations term of the award Terms and Conditions. For each, provide name, UEI, zip code or latitude/longitude, role in the project, contribution to the project, and start and end date.
2. Tasks and Milestones: Enter all tasks and milestones identified in your activity file. Each reporting period, update the status of the task/milestone, the physical percent complete, and, when applicable, the actual month complete.
2. Contractual Cost Summary: For each contractor working on the project (excluding FFRDCs), provide a summary of the work, approved budget, and actual expenses.
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4. Cost Summary: Using your approved budget, enter the project costs by budget category and report actual expenses each quarter. Also include budgeted and actual recipient cost share.
5. Spend Plan: For both federal and recipient cost share, enter the planned spending for the entire project period. Planned spend means when the project team anticipates incurring costs. Each quarter, update with actual federal and recipient spend.
6. Metrics: Report on your primary process metric selected and any additional metrics that are applicable to your project. Please refer to the EECBG Program
Process Metrics, EECBG-BIL-Reporting-Guidance.pdf (energy.gov), and the Eligible Activity Areas and their Recommended Process Metrics (energy.gov) pe r your activity.
7. Special Reporting Requirements: Respond to any special reporting requirements specified in the award terms and conditions, as well as any award specific reporting requirements.
8. Qualitative reporting requirements: In this section, provide any additional description about the project. Can include details on impact, changes or issues, achievements, or more.
B. Financial Report SF-425 Federal Financial Report
Upload to: Voucher Portal: http://doerebates.mysite.com/eecbgvouchers Submission
deadline:
Within 30 calendar days after the end of the annual reporting period (Sept 30) Within 120 calendar days after the end of the award period of performance
Annually the voucher recipient is required to submit a completed SF-425 for the project to DOE, covering the entirety of work performed by the recipient and contractors – to DOE.
The annual report will be waived if no progress on project has been made in the first year.
The report can be submitted once as a final report if the project is completed in the first year.
C. Tangible Personal Property Report – Final Property Report (SF-428; SF-428B; SF-428S)
Upload to: Voucher Portal: http://doerebates.mysite.com/eecbgvouchers Submission
deadline:
Within 30 calendar days after installation of all equipment
The report serves as the Equipment Installation Report. Voucher recipients must report on acquired equipment with acquisition cost of $5,000 or more for which the awarding agency (DOE) has reserved the right to transfer title. The voucher recipient must complete an SF-
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428 and SF-428B, available at grants.gov/forms/forms-repository/post-award-reporting- forms.
D. Annual Historic Preservation Report
Upload to: Historic Preservation report: U.S. Department of Energy Annual Historic Preservation Report (office.com)
Submission
deadline:
Historic Preservation reports: September 15 of each year
Activities utilizing the Historic Preservation Programmatic Agreements must submit an annual Historic Preservation report (any project using Equipment Rebate NEPA SOW 1 or NEPA SOW 2). Reports are due September 15 of each year. The Historic Preservation report must be submitted for all activities here: U.S. Department of Energy Annual Historic Preservation Report (office.com)
BIL Reporting
A. Quality Job Creation
1. Direct Jobs
Submit to: No action needed if Weekly Davis Bacon Acts are completed Submission
deadline:
No action needed if Weekly Davis Bacon Acts are completed
This report is satisfied via the weekly Davis Bacon Act reports.
This award is funded under Division D of the Bipartisan Infrastructure Law (BIL). All laborers and mechanics employed by the recipient contractors or subcontractors in the performance of construction, alteration, or repair work in excess of $2000 on an award funded directly by or assisted in whole or in part by funds made available under this award shall be paid wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the “Davis-Bacon Act” (DBA).
The Recipient must ensure the timely electronic submission of weekly certified payrolls to a third-party DBA electronic payroll compliance software application unless a waiver is granted to a particular contractor or subcontractor because they are unable or limited in their ability to use or access the software. Please refer to section II.H. for information on Davis Bacon Act Reporting.
B. Pathways to Net Zero
Submit to: No action needed if Performance Report is completed
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Submission
deadline:
No action needed if Performance Report is completed
Pathways to Net Zero Reports will be imbedded as the EECBG Program Process Metrics within the Performance Report (see page 4). Report on EECBG process metric areas 1, 2, 3, 5, and 10 as applicable. Report on these as part of the Performance Report to be completed on the Voucher Portal.
1. Infrastructure Supported: This report applies to projects that build, retrofit, retool, repurpose, or otherwise support the construction or continued operation of energy generation, energy storage, or other clean energy infrastructure. Projects that fund infrastructure planning should also report.
Recipients are required to report on planned values, annual actual values for the life of project, and values at closeout. This report is structured by technology type, recipients need only complete the technology type applicable to their project as indicated by the DOE project team.
2. Energy Saved: This report applies to all projects that include energy efficiency upgrades or fuel switching, water conservation upgrades that save energy, or distributed energy resources. Recipients are required to report on interventions completed as well as planned and actual energy savings.
C. One Time Location Report
Upload to: Voucher Portal: http://doerebates.mysite.com/eecbgvouchers Submission
deadline:
One time within first year of project
There is a one-time special status report requirement for recipients with projects that take place in specific physical locations. This report is required for all EECBG Program voucher recipients pursuing the installation of equipment in physical locations, including projects benefitting disadvantaged communities. This report would be best completed during the first year of the award.
Award Management Reports
A. Tangible Personal Property Report – Disposition Request/Report (SF-428 & SF-428C)
Upload to: Voucher Portal: http://doerebates.mysite.com/eecbgvouchers Submission
deadline:
Within 5 calendar days of the event (if applicable)
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The prime recipient must request disposition instructions for or report disposition of federally-owned property or equipment acquired with project funds, whether the property or equipment is/was in the possession of the prime recipient or subrecipient(s). Recipients may also be required to provide compensation to the awarding agency when acquired equipment is sold or retained for use on activities not sponsored by the federal government. Any equipment with an acquisition cost above $5,000 must be included in the inventory.
If disposition occurs at any time other than award closeout (i.e., at any time throughout the life of the project or after project completion and closeout as long as the federal government retains an interest in the item), the prime recipient must complete an SF-428 and SF-428C, available at grants.gov/forms/forms-repository/post-award-reporting-forms
If disposition instructions are requested at the time of award closeout, the prime recipient must submit the SF-428 and SF-428B (see III. Closeout Reporting).
Only the DOE Contracting Officer has authority to approve disposition requests and issue disposition instructions.
B. Single Audit: States, Local Government, Tribal Governments, Institution of Higher Education (IHE), or Non-Profit Organization
Upload to: Federal Audit Clearinghouse:
https://harvester.census.gov/facweb/Default.aspx
Submission
deadline:
Within the earlier of 30 days after receipt of the auditor’s report(s) or 9 months after the end of the audit period (recipient’s fiscal year-end)* *The end of the period of the performance, or closure of an award, does not dismiss this reporting requirement.
As required by 2 CFR 200 Subpart F, non-federal entities that expend $750,000 or more during the non-federal entity's fiscal year in federal awards must have a single or program- specific audit conducted. The single audit must be conducted in accordance with §200.514 Scope of audit, except when it elects to have a program-specific audit conducted.
For most single audits, the requirement is for annual single audits. However, there are occasions where a single audit is not required annually. Per 2 CFR 200.504 - Frequency of audits, a state, local government, or Indian tribe that is required by constitution or statute to undergo its audits less frequently than annually, is permitted to undergo its audits biennially. Also, any nonprofit organization that had biennial audits for all biennial periods ending between July 1, 1992, and January 1, 1995, is permitted to undergo its single audits biennially.
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For a program-specific audit, when a recipient expends federal award funds under only one federal program (excluding R&D) and the federal program's statutes, regulations, or the terms and conditions of the federal award do not require a financial statement audit of the auditee, the auditee may elect to have a program-specific audit conducted. A program- specific audit may not be elected for R&D unless all of the federal awards expended were received from the same federal agency, or the same federal agency and the same pass- through entity, and that federal agency, or pass-through entity in the case of a subrecipient, approves in advance a program-specific audit.
The single audit report shall include audited financial statements. The audit should be uploaded to the Voucher Portal (no older than 2021).
C. National Environmental Policy Act (NEPA) Reporting
Submit to: NEPA logs (if applicable): Sent to [email protected] and upload to Voucher Portal http://doerebates.mysite.com/eecbgvouchers Submission
deadline:
NEPA logs (if applicable): Before project begins; updated quarterly if changes to project locations occur
All activities involving ground disturbance (projects using Equipment Rebate NEPA SOW 1) require NEPA log submittals. If locations of all work are known at the start of a project, a single NEPA Log may be submitted. If locations of work change, then an updated log must be submitted. Template NEPA logs can be found at www.energy.gov/node/4816816. NEPA logs must be submitted to [email protected] and the Voucher Portal. Multiple entries can be listed on the NEPA log.
D. Davis Bacon Act Reporting
Submit to: Weekly Payroll Reports: LCPtracker
Semi-Annual Reports: Voucher Portal
http://doerebates.mysite.com/eecbgvouchers
Submission
deadline:
Within 7 days of each pay period
Semi-annually by Sept 30th and March 31st
The DBA applies to contractors and subcontractors of the recipient for contracts more than $2,000 for the construction, alteration, and/or repair of public buildings or public works, including painting and decorating, where the United States or the District of Columbia is a direct party to the contract. Contractors and subcontractors funded in whole or in part under this Award shall pay their laborers and mechanics wages at rates not less than those prevailing on similar projects in the locality, as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code commonly referred to as the Davis-Bacon Act (DBA).
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EECBG Program formula award recipients will also be required to undergo DBA compliance training and maintain competency in DBA compliance. The Contracting Officer will notify the recipient of any DOE-sponsored DBA compliance trainings.
DOL offers free Prevailing Wage Seminars several times a year that meet this requirement, at:
https://www.dol.gov/agencies/whd/governmentcontracts/construction/seminars/e vents
1. Weekly Payroll Report
• EECBG Program voucher recipients must maintain an accurate record of hours worked and wages paid, including fringe benefit contributions, and submit certified payrolls on a weekly basis to DOE. Grantees are also responsible for tracking and maintain DBA records for all subcontractors.
Examples of labor compliance platforms available to help grantees streamline DBA reporting by contractors and subcontractors include:
LCPtracker, eMARS, Elation Systems, and other third-party systems • EECBG Program recipients must ensure the timely electronic submission of weekly certified payrolls through the DOE-provided DBA software application as part of its compliance with the Davis-Bacon Act unless a waiver is granted to a particular contractor or subcontractor because it is unable or limited in its ability to use or access. Applicants should indicate if they will seek a waiver.
2. Semi-Annual Compliance and Enforcement Report
• EECBG Program voucher recipients must submit semi-annual reports on compliance with the enforcement of the labor standards provision of the Davis-Bacon Act and its related acts covering the periods of October 1 through March 31 and April 1 through September 30
• Examples of labor compliance platforms available to help grantees streamline DBA reporting by contractors and subcontractors include:
LCPtracker, eMARS, Elation Systems, and other third-party systems For more information about labor laws to include Davis Bacon Act and Build American Buy American contact [email protected]
.
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Appendix A: Notice To Recipients Regarding Protected Data, Limited Rights Data and Protected Personally Identifiable Information
I. PROTECTED DATA AND LIMITED RIGHTS DATA
The recipient is required to mark protected data and limited rights data in accordance with the IP clause set of the award agreement. Failure to properly mark data may result in its public disclosure under the Freedom of Information Act (FOIA, 5 U.S.C. § 552) or otherwise.
A. Protected Data - Technical Data or Commercial or Financial Data First Produced in the Performance of the Award
The U.S. Government normally retains unlimited rights in any technical data or commercial or financial data produced in performance of Government financial assistance awards, including the right to distribute to the public.
However, under certain DOE awards, the recipient may mark certain categories of data produced under the award as protected from public disclosure for a period of time (“Protected Data”). If the award agreement provides for protected data and the recipient wants the data to be protected, the recipient must properly mark any documents containing Protected Data. The recipient should review the IP clause set of the award agreement to determine the applicability of protected data, the maximum length of period of time for data protection and the required markings that must be used to invoke data protection for the award.
B. Limited Rights Data - Data Produced Outside of the Award at Private Expense Limited Rights Data is data (other than computer software) developed at private expense outside any Government financial assistance award or contract that embody trade secrets or are commercial or financial and confidential or privileged. Prior to including any Limited Rights Data in any documents to DOE, the recipient should review the award agreement. In most DOE awards, the recipient should not deliver any limited rights data to DOE if the recipient wants to protect the Limited Rights Data. If the DOE award does allow and require the delivery of limited rights data, then the recipient must properly mark any documents containing Limited Rights Data as set forth in the IP clause of the award agreement.
II. PROTECTED PERSONALLY IDENTIFIABLE INFORMATION
The recipient should not include any Protected Personally Identifiable Information (Protected PII) in their submissions to DOE. Protected PII is defined as any data that, if compromised, could cause harm to an individual such as identify theft. Protected PII includes, but is not limited to:
• Social Security Numbers in any form;
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• Place of Birth associated with an individual;
• Date of Birth associated with an individual;
• Mother’s maiden name associated with an individual;
• Biometric record associated with an individual;
• Fingerprint;
• Iris Scan;
• DNA;
• Medical history information associated with an individual; • Medical conditions, including history of disease;
• Metric information, e.g., weight, height, blood pressure; • Criminal history associated with an individual;
• Ratings;
• Disciplinary actions;
• Passport number;
• Educational transcripts;
• Financial information associated with an individual;
• Credit card numbers; and
• Security clearance history or related information (not including actual clearances held). 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 1/8
RECIPIENT:2 - Equipment Rebate Voucher - Nontribal EECBG Statement of Work with PA No Ground Disturbance
STATE: Mult
PROJECT TITLE
: 2 - Energy Efficiency and Conservation Block Grant Program - Equipment Rebate Voucher
Funding Opportunity Announcement Number Procurement Instrument Number NEPA Control Number CID Number EECBG Program Formula - IIJA, DE-FOA-0002882 GFO-EECBG-ERV2023-002
Based on my review of the information concerning the proposed action, as NEPA Compliance Officer (authorized under DOE Policy 451.1), I have made the following determination:
CX, EA, EIS APPENDIX AND NUMBER:
Description:
A9 Information
gathering,
analysis, and
dissemination
Information gathering (including, but not limited to, literature surveys, inventories, site visits, and audits), data analysis (including, but not limited to, computer modeling), document preparation (including, but not limited to, conceptual design, feasibility studies, and analytical energy supply and demand studies), and information dissemination (including, but not limited to, document publication and distribution, and classroom training and informational programs), but not including site characterization or environmental monitoring. (See also B3.1 of appendix B to this subpart.) B2.2 Building
and equipment
instrumentation
Installation of, or improvements to, building and equipment instrumentation (including, but not limited to, remote control panels, remote monitoring capability, alarm and surveillance systems, control systems to provide automatic shutdown, fire detection and protection systems, water consumption monitors and flow control systems, announcement and emergency warning systems, criticality and radiation monitors and alarms, and safeguards and security equipment).
B5.1 Actions to
conserve energy
or water
(a) Actions to conserve energy or water, demonstrate potential energy or water conservation, and promote energy efficiency that would not have the potential to cause significant changes in the indoor or outdoor concentrations of potentially harmful substances. These actions may involve financial and technical assistance to individuals (such as builders, owners, consultants, manufacturers, and designers), organizations (such as utilities), and governments (such as state, local, and tribal). Covered actions include, but are not limited to weatherization (such as insulation and replacing windows and doors); programmed lowering of thermostat settings; placement of timers on hot water heaters; installation or replacement of energy efficient lighting, low-flow plumbing fixtures (such as faucets, toilets, and showerheads), heating, ventilation, and air conditioning systems, and appliances; installation of drip- irrigation systems; improvements in generator efficiency and appliance efficiency ratings; efficiency improvements for vehicles and transportation (such as fleet changeout); power storage (such as flywheels and batteries, generally less than 10 megawatt equivalent); transportation management systems (such as traffic signal control systems, car navigation, speed cameras, and automatic plate number recognition); development of energy-efficient manufacturing, industrial, or building practices; and small-scale energy efficiency and conservation research and development and small-scale pilot projects. Covered actions include building renovations or new structures, provided that they occur in a previously disturbed or developed area. Covered actions could involve commercial, residential, agricultural, academic, institutional, or industrial sectors. Covered actions do not include rulemakings, standard-settings, or proposed DOE legislation, except for those actions listed in B5.1(b) of this appendix. (b) Covered actions include rulemakings that establish energy conservation standards for consumer products and industrial equipment, provided that the actions would not: (1) have the potential to cause a significant change in manufacturing infrastructure (such as construction of new manufacturing plants with considerable associated ground disturbance); (2) involve significant unresolved conflicts concerning alternative uses of available resources (such as rare or limited raw materials); (3) have the potential to result in a significant increase in the disposal of materials posing significant risks to human health and the environment (such as RCRA hazardous wastes); or (4) have the potential to cause a significant increase in energy consumption in a state or region.
B5.14 Combined
heat and power
or cogeneration
systems
Conversion to, replacement of, or modification of combined heat and power or cogeneration systems (the sequential or simultaneous production of multiple forms of energy, such as thermal and electrical energy, in a single integrated system) at existing facilities, provided that the conversion, replacement, or modification would not have the potential to cause a significant increase in the quantity or rate of air emissions and would not have the potential to cause significant impacts to water resources.
B5.16 Solar
photovoltaic
systems
The installation, modification, operation, and removal of commercially available solar photovoltaic systems located on a building or other structure (such as rooftop, parking lot or facility, and mounted to signage, lighting, gates, or fences), or if located on land, generally comprising less than 10 acres within a previously disturbed or developed area. Covered actions would be in accordance with applicable requirements (such 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 2/8 as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.
B5.17 Solar
thermal systems
The installation, modification, operation, and removal of commercially available smallscale solar thermal systems (including, but not limited to, solar hot water systems) located on or contiguous to a building, and if located on land, generally comprising less than 10 acres within a previously disturbed or developed area.
Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.
B5.18 Wind
turbines
The installation, modification, operation, and removal of a small number (generally not more than 2) of commercially available wind turbines, with a total height generally less than 200 feet (measured from the ground to the maximum height of blade rotation) that (1) are located within a previously disturbed or developed area; (2) are located more than 10 nautical miles (about 11.5 miles) from an airport or aviation navigation aid; (3) are located more than 1.5 nautical miles (about 1.7 miles) from National Weather Service or Federal Aviation Administration Doppler weather radar; (4) would not have the potential to cause significant impacts on bird or bat populations; and (5) are sited or designed such that the project would not have the potential to cause significant impacts to persons (such as from shadow flicker and other visual effects, and noise). Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices. Covered actions include only those related to wind turbines to be installed on land.
B5.20 Biomass
power plants
The installation, modification, operation, and removal of small-scale biomass power plants (generally less than 10 megawatts), using commercially available technology (1) intended primarily to support operations in single facilities (such as a school and community center) or contiguous facilities (such as an office complex); (2) that would not affect the air quality attainment status of the area and would not have the potential to cause a significant increase in the quantity or rate of air emissions and would not have the potential to cause significant impacts to water resources; and (3) would be located within a previously disturbed or developed area. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.
B5.22 Alternative
fuel vehicle
fueling stations
The installation, modification, operation, and removal of alternative fuel vehicle fueling stations (such as for compressed natural gas, hydrogen, ethanol and other commercially available biofuels) on the site of a current or former fueling station, or within a previously disturbed or developed area within the boundaries of a facility managed by the owners of a vehicle fleet. Covered actions would be in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.
B5.23 Electric
vehicle charging
stations
The installation, modification, operation, and removal of electric vehicle charging stations, using commercially available technology, within a previously disturbed or developed area. Covered actions are limited to areas where access and parking are in accordance with applicable requirements (such as local land use and zoning requirements) in the proposed project area and would incorporate appropriate control technologies and best management practices.
Rationale for determination:
The U.S. Department of Energy (DOE) administers the Energy Efficiency Conservation Block Grant Program (EECBG) as authorized by Title V, Subtitle E of the Energy Independence and Security Act of 2007 (EISA), as amended, and signed into Public Law (PL 110-140) on December 19, 2007. All awards made under this program shall comply with applicable laws and regulations including, but not limited to, 2 CFR Part 200 as amended by 2 CFR Part 910 and Section 40552 of the Infrastructure Investment and Jobs Act (IIJA) (PL 117-58).
Under the Administrative and Legal Requirements Document (ALRD) for the EECBG Program Formula Infrastructure Investment and Jobs Act (EECBG Formula - IIJA) DOE would distribute EECBG Equipment Rebate Vouchers to eligible units of local government, states, and Indian tribes. (hereinafter “Recipients”). Estimated individual Recipient allocations are included in the ALRD. The EECBG Program is designed to assist these Recipients in implementing strategies to reduce energy use, to reduce fossil fuel emissions, and to improve energy efficiency.
This NEPA determination is specific to Recipients meeting the qualifications of EECBG Equipment Rebate Voucher Statement of Work #2 (SOW 2), designated for non-tribal recipients with a Historic Preservation Programmatic Agreement proposing no ground disturbing activities. NEPA determinations for other EECBG Equipment Rebate Voucher NEPA statements of work have been completed under the following control numbers: GFO-EECBG- ERV2023-001, GFO-EECBG-ERV2023-003, and GFO-EECBG-ERV2023-004.
DOE has determined the following Blueprints and additional activities funded by EECBG Program Formula - IIJA ALRD, are categorically excluded from further NEPA review, absent extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment, or any inconsistency with “integral elements” (as contained in 10 C.F.R. Part 1021, Appendix B) as they relate to a particular project. 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 3/8 Activities proposed on tribal lands or tribal properties would be restricted to homes/buildings less than forty-five (45) years old and without ground disturbance. Recipients would contact the DOE Project Officer for a Historic Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45) years and older and/or ground disturbing activities. The DOE NEPA team must review the Historic Preservation Worksheet and notify the Recipient’s DOE Project Officer before activities listed on the Historic Preservation Worksheet may begin.
Blueprints:
1. Blueprint #2A: Funding commercially available, energy efficient, grid-interactivity, electrification and renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
2. Blueprint #2B: Energy Savings Performance Contracts for Efficiency and Electrification in Buildings, activities limited to:
a. Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades (to existing systems).
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers. b. Post-implementation measurement & verification limited to data analysis (e.g.: metering/usage/temperature), which may include monitoring devices installed on equipment, but not on buildings.
3. Blueprint #2C: Building Efficiency & Electrification Campaign, activities limited to:
a. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades; provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are limited to:
i. Installation of insulation.
ii. Installation of energy efficient lighting.
iii. HVAC upgrades to existing systems.
iv. Weather sealing and duct sealing.
v. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 4/8 but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
vi. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. vii. Retrofit and replacement of windows and doors.
viii. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. ix. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
x. Electrical system upgrades limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
4. Blueprint #3A: Solar and Battery Storage - Power Purchase Agreements and Direct Ownership, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
5. Blueprint #3B: Community Solar, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
6. Blueprint #3C: Solarize Campaign, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
7. Blueprint #3D: Renewable Resource Planning, activities limited to:
a. Installation of solar electricity/photovoltaic (PV) systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are not to exceed 60 kW DC.
b. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, and are appropriately sized not to exceed 1,000 kWh.
8. Blueprint #4A: Electric Vehicles for Fleets and Fleet Electrification, activities limited to:
a. Purchase of alternative fuel vehicles, including electric vehicles and plug-in hybrid vehicles. b. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets.
9. Blueprint #4B: Electric Vehicle Charging Infrastructure, activities limited to:
a. Installation of electric vehicle supply equipment (EVSE), including testing measurements to assess the safety and 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 5/8 functionality of the EVSE (restricted to existing footprints within an existing parking facility, defined as any building, structure, land, right-of-way, facility, or area used for parking of motor vehicles which would not require any ground disturbance). All activities must use reversible, non-permanent techniques for installation, and where appropriate, use the lowest profile EVSE reasonably available that provides the necessary charging capacity. EVSE shall be placed in minimally visibly intrusive area; use colors complementary to surrounding environment, where possible, and be limited to the current electrical capacity. This applies to Level 1, Level 2, and Level 3 (also known as Direct Current (DC) Fast Charging) EVSE for community and municipal fleets.
Additional Activities:
10. Building Energy Efficiency: Funding commercially available energy efficiency or renewable energy upgrades, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to:
a. Installation of insulation.
b. Installation of energy efficient lighting.
c. HVAC upgrades to existing systems.
d. Weather sealing and duct sealing.
e. Purchase and installation of energy/water-efficient residential and commercial appliances and equipment (including, but not limited to, grid-interactive building technologies, energy or water monitoring and control systems, thermostats, heat pumps, air conditioners, and related software).
f. Retrofit of energy efficient pumps and motors (for such uses as, but not limited to, wastewater treatment plants) where it would not alter the capacity, use, mission, or operation of an existing facility. g. Retrofit and replacement of windows and doors.
h. Installation of electric appliances (including replacement of appliances that utilize fossil fuels with electric appliances) such as heat pumps for water heating, air heating/cooling, electric dryers, and stoves. i. Retrofit and installation of energy-efficient commercial kitchen equipment, such as efficient refrigerators, freezers, dishwashers.
j. Electrical system upgrades required to enable energy efficient/clean energy. Measures limited to electric panel upgrades, updated wiring and conduit, grounding, and arc-fault circuit interrupter (AFCI) and ground-fault circuit interrupter (GFCI) breakers.
11. Installation of renewable energy technology, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized, and are limited to:
a. Solar Electricity/Photovoltaic—appropriately sized systems not to exceed 60kW (including community solar projects)
b. Wind Turbines 20 kW or smaller
c. Solar thermal systems (including solar thermal hot water) limited to 200,000 BTU per hour or smaller.
12. Biomass thermal systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in existing buildings, do not require structural reinforcement, do not require ground disturbance, are appropriately sized, and limited to 3 MMBTUs per hour or smaller, with appropriate regulatory permits obtained and Best Available Control Technologies (BACT) installed and operated.
13. Purchase of alternative fuel vehicles, hybrids, and electric vehicles.
14. Installation of fueling pumps and systems for fuels such as compressed natural gas, hydrogen, ethanol, and other commercially available biofuels, (but not storage tanks) provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed on a current fueling station site, do not require ground disturbance, tree removal or tree trimming, are appropriately sized, and obtain the appropriate permits, and comply with regulatory requirements.
15. Installation of energy storage systems, including electrochemical and thermal storage systems, provided that projects adhere to the requirements of the respective applicant’s DOE executed Historic Preservation Programmatic Agreement (PA), are installed in or on existing buildings, do not require ground disturbance, tree removal or tree trimming, do not require structural reinforcement, are appropriately sized not to exceed 1,000 kWh, obtain the appropriate permits, and comply with regulatory requirements.
The Recipient is responsible for identifying and promptly notifying DOE of extraordinary circumstances, cumulative impacts, or connected actions that may lead to significant impacts on the environment, or any inconsistency with the “integral elements” (as contained in 10 CFR Part 1021, Appendix B) relating to any proposed activities. Additionally, the Recipient must demonstrate compliance with Section 106 of the National Historic Preservation Act (NHPA). 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 6/8 Recipients shall adhere to the restrictions of the DOE executed Historic Preservation Programmatic Agreement for the State(s) where the proposed award activities would be implemented. DOE executed Historic Preservation Programmatic Agreements are available at https://www.energy.gov/node/812599.
DOE is required to consider floodplain management and wetland protection as part of its environmental review process (10 CFR 1022). As part of this required review, DOE determined requirements set forth in Subpart B of 10 CFR 1022 are not applicable to the Blueprints and additional activities listed above which would not cause ground disturbance that occur in the 100-year floodplain (hereinafter “floodplain”) or wetland because the activities would not have short-term or long-term adverse impacts to the floodplain or wetland. These activities are administrative or minor modifications of existing facilities to improve environmental conditions. All other integral elements and environmental review requirements are still applicable.
If proposed activities are not listed within the Blueprints and additional activities above, the Recipient must contact their DOE Project Officer for eligibility review. An additional NEPA review would be required, including the possible submission of an Environmental Questionnaire 1 form (EQ1) (found at https://www.eere-pmc.energy.gov/NEPA.aspx).
Recipients would not initiate any activities without approval from the DOE Contracting Officer.
Most activities listed under “Blueprints and additional activities” within this NEPA determination are more restrictive than the Categorical Exclusion. The restrictions included in the “Blueprints and additional activities” must be followed. * EECBG Recipients with a Historic Preservation Programmatic Agreement are located in: AL, AK, AS, AZ, AR, CA,
CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MP, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY, and VI.
NEPA PROVISION
DOE has made a conditional NEPA determination.
The NEPA Determination applies to the following Topic Areas, Budget Periods, and/or tasks:
This NEPA Determination only applies to activities funded by the Administrative and Legal Requirements Document (ALRD) for the EECBG Program Formula Infrastructure Investment and Jobs Act (EECBG Formula - IIJA) awarded to non-tribal recipients proposing non-ground disturbing activities within states that have a DOE executed Historic Preservation Programmatic Agreement.
The NEPA Determination does not apply to the following Topic Area, Budget Periods, and/or tasks:
This NEPA Determination does NOT apply to:
1. awards funded by sources other than the Administrative and Legal Requirements Document for the EECBG Program Formula Infrastructure Investment and Jobs Act,
2. activities that do not fit within the restrictions of the Blueprints and additional activities listed within this NEPA Determination,
3. recipients that do not have a DOE executed Historic Preservation Programmatic Agreement,
4. tribal recipients, or
5. ground-disturbing activities.
Include the following condition in the financial assistance agreement:
1. This NEPA Determination only applies to activities funded by the Administrative and Legal Requirements Document (ALRD) for the EECBG Program Formula Infrastructure Investment and Jobs Act (EECBG Formula - IIJA) awarded to non-tribal recipients proposing non-ground disturbing activities within states that have a DOE executed Historic Preservation Programmatic Agreement.
2. Activities not listed under "Blueprints and additional activities” within this NEPA determination are subject to additional NEPA review and approval by DOE. For activities requiring additional NEPA review, Recipients must complete the environmental questionnaire (EQ-1) found at https: //www.eere-pmc.energy.gov/NEPA.aspx and receive notification from DOE that the NEPA review has been completed and approved by the Contracting Officer prior to initiating the project or activities.
3. Activities proposed on tribal lands or tribal properties would be restricted to homes/buildings less than forty-five (45) 9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 7/8 years old and without ground disturbance. Recipients must contact the DOE Project Officer for a Historic Preservation Worksheet to request a review of activities that are listed below on tribal homes/buildings forty-five (45) years and older and/or ground disturbing activities. The DOE NEPA team must review the Historic Preservation Worksheet and notify the Recipient’s DOE Project Officer before activities listed on the Historic Preservation Worksheet may begin.
4. This authorization does not include activities where the following elements exist: extraordinary circumstances; cumulative impacts or connected actions that may lead to significant effects on the human environment; or any inconsistency with the "integral elements" (as contained in 10 CFR Part 1021, Appendix B) as they relate to a particular project.
5. The Recipient must identify and promptly notify DOE of extraordinary circumstances, cumulative impacts or connected actions that may lead to significant effects on the human environment, or any inconsistency with the “integral elements” (as contained in 10 CFR Part 1021, Appendix B) as they relate to project activities.
6. Recipients must have a DOE executed Historic Preservation Programmatic Agreement and adhere to the terms and restrictions of its DOE executed Historic Preservation Programmatic Agreement. DOE executed Historic Preservation Programmatic Agreements are available at https://www.energy.gov/node/812599.
7. Recipients are responsible for reviewing the online NEPA and Historic preservation training at www.energy.gov/node/4816816 and contacting [email protected] with any EECBG NEPA or historic preservation questions.
8. Recipients are required to submit an annual Historic Preservation Report at https://forms.office.com/g/kAFs0N7CZH.
9. Most activities listed under “Blueprints and additional activities” within this NEPA determination are more restrictive than the Categorical Exclusion. The restrictions included in the “Blueprints and additional activities” must be followed.
10. This authorization excludes any activities that are otherwise subject to a restriction set forth elsewhere in the award.
Notes:
Office of State and Community Energy Programs (SCEP) - EECBG This NEPA Determination requires legal review of the tailored NEPA provision.
NEPA review completed by Amy Lukens, 9/20/2023.
FOR CATEGORICAL EXCLUSION DETERMINATIONS
The proposed action (or the part of the proposal defined in the Rationale above) fits within a class of actions that is listed in Appendix A or B to 10 CFR Part 1021, Subpart D. To fit within the classes of actions listed in 10 CFR Part 1021, Subpart D, Appendix B, a proposal must be one that would not: (1) threaten a violation of applicable statutory, regulatory, or permit requirements for environment, safety, and health, or similar requirements of DOE or Executive Orders; (2) require siting and construction or major expansion of waste storage, disposal, recovery, or treatment facilities (including incinerators), but the proposal may include categorically excluded waste storage, disposal, recovery, or treatment actions or facilities; (3) disturb hazardous substances, pollutants, contaminants, or CERCLA-excluded petroleum and natural gas products that preexist in the environment such that there would be uncontrolled or unpermitted releases; (4) have the potential to cause significant impacts on environmentally sensitive resources, including, but not limited to, those listed in paragraph B(4) of 10 CFR Part 1021, Subpart D, Appendix B; (5) involve genetically engineered organisms, synthetic biology, governmentally designated noxious weeds, or invasive species, unless the proposed activity would be contained or confined in a manner designed and operated to prevent unauthorized release into the environment and conducted in accordance with applicable requirements, such as those listed in paragraph B(5) of 10 CFR Part 1021, Subpart D, Appendix B.
There are no extraordinary circumstances related to the proposed action that may affect the significance of the environmental effects of the proposal.
The proposed action has not been segmented to meet the definition of a categorical exclusion. This proposal is not connected to other actions with potentially significant impacts (40 CFR 1508.25(a)(1)), is not related to other actions with individually insignificant but cumulatively significant impacts (40 CFR 1508.27(b)(7)), and is not precluded by 40 CFR 1506.1 or 10 CFR 1021.211 concerning limitations on actions during preparation of an environmental impact statement.
A portion of the proposed action is categorically excluded from further NEPA review. The NEPA Provision identifies Topic Areas, Budget Periods, tasks, and/or subtasks that are subject to additional NEPA review.
SIGNATURE OF THIS MEMORANDUM CONSTITUTES A RECORD OF THIS DECISION.
9/22/23, 9:42 AM U.S. DOE: Office of Energy Efficiency and Renewable Energy - Environmental Questionnaire https://eere-pmc-hq.ee.doe.gov/GONEPA/ND_form_V2.aspx?key=25633 8/8 NEPA Compliance Officer Signature:
Casey Strickland Date: 9/22/2023
NEPA Compliance Officer
FIELD OFFICE MANAGER DETERMINATION
Field Office Manager review not required
Field Office Manager review required
BASED ON MY REVIEW I CONCUR WITH THE DETERMINATION OF THE NCO :
Field Office Manager's Signature: Date:
Field Office Manager
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 16. To: Honorable Mayor and City Council From: Reata Kulcsar, Energy and Sustainability Officer Subject: CONSIDER APPROVING THE PARTICIPATION AGREEMENT FOR THE CLEAN POWERALLIANCE'S ELECTRIC FLEET TRANSITION PROGRAM (CITY COUNCIL) I. SUMMARY
The Clean Power Alliance (CPA) has launched the Energized Communities program to support partner agencies in reaching their sustainability and decarbonization goals through both technical and financial assistance. This program emphasizes the implementation of electrification projects across CPA’s service area, empowering partner agencies and helping to reduce California’s dependence on fossil fuels.
Each partner agency may receive funding of up to $250,000.00 to complete one of the selected pathways as detailed in the attached fact sheets (Exhibit No. 1).
The City of Carson has made significant progress in installing electric vehicle charging stations at various locations. To further advance its initiatives, the city plans to increase the number of pool vehicles available for general City use. As a result, the Electric Fleet Transition pathway has been chosen. The intention is to allocate $225,000 to purchase up to five electric vehicles (EV), with the remaining $25,000 designated to cover EV charging costs.
The City Council is being asked to approve participation in the program and authorize the City Manager to sign the agreement (Exhibit No. 2). Staff will provide a follow-up report detailing the make, model, and cost of the vehicles to be purchased for the City Council's future review.
II. RECOMMENDATION
TAKE the following actions:
1. APPROVE the Participation Agreement with Clean Power Alliance allowing participation in the Clean Power Alliance's Energized Communities Program to receive funding of up to $250,000.00.
2. AUTHORIZE the City Manager to execute the agreement and any related documents subject to approval as to form by the City Attorney.
III. ALTERNATIVES
TAKE another action the City Council deems appropriate, consistent with the requirements of the law. 701 East Carson Street
IV. BACKGROUND
CPA’s Energized Communities program is dedicated to facilitating the transition to a more sustainable future through a range of initiatives aimed at supporting both building and transportation electrification. Partner agencies must select one focus area to pursue funding, including:
Building Electrification Assistance
Community EV Charging
Electric Fleet Transition
The City of Carson has already made significant progress in enhancing its sustainable infrastructure, specifically in the area of electric vehicle charging. The city has installed numerous charging stations across various locations, making it easier for residents, visitors, and staff to charge their electric vehicles. To build on this progress, the City plans to expand its fleet of EVs available for general City use, by increasing the number of pool vehicles utilized by city departments and personnel. In line with this initiative, the Electric Fleet Transition pathway has been selected to ensure a smooth transition to EVs.
The agreement outlines reimbursement for two primary expenses related to the City's electrification efforts.
Fleet Charging Costs – $25,000 - This funding is expected to address the anticipated increase in electricity expenses associated with charging the city’s expanding fleet of electric vehicles. Each electric vehicle will be equipped with a dedicated RFID-enabled fob that will track and manage charging sessions. This tracking system will allow the City to monitor energy usage, ensuring that charging is both efficient and cost-effective.
The use of these fobs will not only streamline operations but also enhance accountability, providing precise data for reimbursement requests.
Purchase of Electric Vehicles – $225,000 - This allocation is necessary for the purchase of five electric vehicles for the City's fleet. It is estimated that that each electric vehicle will be approximately $45,000, although the specific make and model will be finalized after further evaluation. This funding will alleviate some of the financial pressures associated with transitioning to electric vehicles, allowing the City to invest in cleaner transportation options that align with its sustainability goals.
V. FISCAL IMPACT
There is currently no fiscal impact, and there is no match requirement to receive program funds of up to $250,000.00.
VI. EXHIBITS
1. Program Fact Sheets.
2. Electric Fleet Transition Program Participation Agreement.
Attachments
Exhibit No. 1 - Pathways-to-Electrification-Factsheet.pdf Exhibit No. 2 - Electric Fleet Participation Agreement.pdf Pathways to Electrification
Building Electrification Assistance
How does the Building Electrification Assistance pathway work? Select a pathway and commit to receiving technical assistance and services. CPA will work with partner communities to understand priorities and establish the project’s scope. CPA expects projects to be completed within a three-year timeframe.
For more information about the program or for help with enrollment, please email:
[email protected]
1 Enroll
Select the Building
Electrification Assistance
pathway
2 Scope
Confirm priorities and
project scope
3 Implement
Commence work to meet
the specified deadline
The Building Electrification Assistance pathway aims to assist in removing obstacles to deploying electric equipment in municipal facilities by providing technical assistance and funding that support cleaner and healthier buildings in our communities. CPA will work alongside partner communities to identify energy improvement opportunities and select essential facilities for electrification retrofits that reduce methane emissions from buildings. This pathway offers feasibility assessments, infrastructure plans for building electrification retrofits, support during permitting and installation, and incentives to help cover installation costs. CPA support will be provided for both existing facilities and new construction projects in our partner communities.
Building Electrification Assistance
Each partner community has the option to select a single pathway, facilitated and overseen by CPA for easy and swift deployment, with up to $250,000 of funding per project.
Clean Power Alliance is committed to assisting our partner communities in achieving their sustainability and decarboni z ation objectives through the projects in the Energi z ed Communities Program: Pathways to Electrification and the I nnovation G rant. Pathways to Electrification includes three areas of participation, with three years of financial incentives and technical support to enhance energy resilience, grid management, and electrification in our partner communities .
Building Electrification Assistanc
Community E V Chargin
Electric Fleet Transitio n
Additionally, CPA assists our partner communities to leverage maximum benefits in sourcing and applying for additional funding opportunities to support decarboni z ation efforts.
Partner communities will select one focus area to pursue with technical support and funding from CPA Wh at are t h e P at h wa y s to Electri fi cation ?
Pathways to Electrification
Community Electric Vehicle Charging
As adoption of electric vehicles increases in our service territory, CPA is interested in helping our communities prepare for this transition and have the infrastructure for community EV charging available. This pathway considers turnkey services to provide EV charging options to our partner communities, including identifying suitable sites within agency-owned properties. This project may also consider managed charging solutions to bolster grid reliability and reduce agency expenses. Partner communities interested in this pathway should to provide information on site locations that may be a good fit for this project. contact our team
Community Electric Vehicle Charging
How does the Community Electric Vehicle Charging pathway work? Select a pathway and commit to receiving technical assistance and services. CPA will work with partner communities to understand priorities and establish the project’s scope. CPA expects projects to be completed within a three-year timeframe. 1 Enroll
Select the Community
Electric Vehicle Charging
pathway
2 Scope
Confirm priorities and
project scope
3 Implement
Commence work to meet
the specified deadline
For more information about the program or for help with enrollment, please email:
[email protected]
Each partner community has the option to select a single pathway, facilitated and overseen by CPA for easy and swift deployment, with up to $250,000 of funding per project.
Clean Power Alliance is committed to assisting our partner communities in achieving their sustainability and decarboni z ation objectives through the projects in the Energi z ed Communities Program: Pathways to Electrification and the I nnovation G rant. Pathways to Electrification includes three areas of participation, with three years of financial incentives and technical support to enhance energy resilience, grid management, and electrification in our partner communities .
B uilding Electrification Assistanc
Community EV Chargin
Electric Fleet Transitio n
Additionally, CPA assists our partner communities to leverage maximum benefits in sourcing and applying for additional funding opportunities to support decarboni z ation efforts.
Partner communities will select one focus area to pursue with technical support and funding from CPA W hat are the Pathways to Electrification ?
Pathways to Electrification
Electric Fleet Transition
Each partner community has the option to select a single pathway, facilitated and overseen by CPA for easy and swift deployment, with up to $250,000 of funding per project.
To facilitate the journey to zero-emission vehicle adoption, CPA is working with our partner communities to streamline fleet planning, vehicle replacement, and installation of charging infrastructure through the Electric Fleet Transition pathway. Partner communities that participate in this effort will receive EV charging support, site designs, and engineering plans (if needed), and CPA funding and other grant opportunities.
This pathway establishes an explicit schedule for fleet replacement to meet regulatory requirements, explores zero-emission vehicle alternatives for hard-to-electrify vehicles, and provides plans for the installation of EV charging stations, including considerations for community access to the selected sites. Furthermore, our partner communities may receive tailored options for electric vehicle charging and networked service management to maximize savings and bolster grid reliability.
Electric Fleet Transition
How does the Electric Fleet Transition pathway work?
Select a pathway and commit to receiving technical assistance and services. CPA will work with partner communities to understand priorities and establish the project's scope. CPA expects projects to be completed within a three-year timeframe. 1 Enroll
Select the Electric Fleet
Transition pathway
2 Scope
Confirm priorities and
project scope
3 Implement
Commence work to meet
the specified deadline
Clean Power Alliance is committed to assisting our partner communities in achieving their sustainability and decarbonization objectives through the projects in the Energized Communities Program: Pathways to Electrification and the Innovation Grant. Pathways to Electrification includes three areas of participation, with three years of financial incentives and technical support to enhance energy resilience, grid management, and electrification in our partner communities.
Building Electrification Assistanc
Community EV Chargin
Electric Fleet Transition
Additionally, CPA assists our partner communities to leverage maximum benefits in sourcing and applying for additional funding opportunities to support decarbonization efforts.
Partner communities will select one focus area to pursue with technical support and funding from CPA W hat are the Pathways to Electrification ?
For more information about the program or for help with enrollment, please email:
Clean Power Alliance Energized Communities Program
Frequently Asked Questions
What does the Building Electrification Assistance pathway include?
Building Electrification Assistance includes technical assistance and funding to implement electrification measures at facilities selected by each participating partner community. The project will identify electric alternatives and prepare plans to implement these efficiency measures. CPA's technical support includes completing load analyses and determining if upgrades to electrical panels and electricity distribution infrastructure are needed. The project will also recommend funding incentives to offset some of the electric panel and infrastructure work, and the equipment costs.
What is the Energized Communities program?
Energized Communities offers sustainability and decarbonization planning and project implementation assistance to CPA’s partner communities at no additional cost. This program is designed to empower CPA communities and lead the way towards a more sustainable future. The program comprises two parts, the Pathways to Electrification offering pre-selected measures to support electrification, and the Innovation Grant. Funding for technical support and incentives will be available over three years to advance resiliency and grid management, electrification, and/or local procurement in our partner communities.
Why is CPA offering the Energized Communities program?
As a not-for-profit, we reinvest back into the communities we serve through customer programs. CPA is offering this program to help our partner communities electrify, meet climate and decarbonization goals, and better manage energy resources. Energized Communities is an opportunity to streamline the implementation of
decarbonization projects for our partner communities that may not otherwise have the staffing or budget resources in place to move forward on these important measures.
What does the Pathways to Electrification program include? Pathways to Electrification is made up of three project areas that CPA will administer: (a) Building Electrification Assistance, (b) Community EV Charging, and (c) Electric Fleet Transition. Each partner community can select one area and will receive technical assistance and implementation funding for all the services in that area (if needed). Each project is funded for services and incentives up to $250,000. As part of the Pathways to Electrification, CPA will provide technical assistance and will issue the remaining funding to partner communities once projects are implemented.
What do CPA ’ s partner communities ha v e to do to participate in the Energized Communities program?
To participate, each partner community will select a project area from the Pathways to Electrification, or submit a project application for the Innovation Grant, and sign a participation agreement. CPA will work with each partner community to align program priorities with the proposed scope of work. Partner communities may need to work with their city council or board of supervisors to seek approval to apply for this program, and to receive funds from CPA.
I s there a deadline to su b mit applications?
Each partner community can choose one project from the Pathways to Electrification during the three-year course of the program, and there is no deadline to apply once the Energized Communities program launches in S pring 202 4 . Funding will be reserved for each partner community to account for different implementation timetables in each agency.
What is the Energized Communities I nno v ation G rant? The Innovation Grant is designed to offer additional funding to address a range of sustainability projects from grid management and resiliency, to electrification and local procurement – or a combination of these – based on the community’s needs. Each partner community is eligible to submit a project in these areas to implement solutions in their community. Potential projects include electrification for affordable housing, such as heat pump installations, rebate programs to encourage the switch to electric equipment or permit streamlining to support electrification projects .
There will be two application periods for the Innovation Grant, and criteria and timeline information will be announced. Each partner community is eligible to apply for two grants over the three-year program period for funding up to $250,000 for each project.
What does the Community E V Charging pathway include?
Community EV Charging includes technical assistance with the planning and implementation of publicly accessible EV charging infrastructure, including funding to install these EV chargers. This pathway will include project design and management services to remove barriers to providing additional EV charging infrastructure to the community.
H ow much funding is a v aila b le?
The program plans to issue $ 1 0 million over three years through the projects outlined in the Pathways to Electrification and Innovation Grant. Each partner community can select one project area from the Pathways to Electrification, which will be funded up to $250,000 for technical services and project implementation. Partner Communities can also apply for up to two Innovation Grants over the three-year program period. Innovation Grant projects are competitive and may be awarded up to $250,000. CPA can e x pect to award eight Innovation Grants at the $250,000 grant amount.
What does the Electric Fleet T ransition pathway include? Electric Fleet Transition includes technical assistance with planning and implementation for municipal fl eets, including funding that can be used to offset the cost of the vehicles and charging infrastructure.
S ervices will include a fl eet inventory assessment to develop zero- emission vehicle transition plans for each participating partner community, providing a fl eet replacement schedule and options for hard-to-electrify vehicles. This pathway also includes an energy needs and site assessment for the proposed electric fl eet, and site design plans for charging infrastructure at key facilities.
1 ELECTRIC FLEET TRANSITION PROGRAM PARTICIPATION AGREEMENT This Electric Fleet Transition Program Participation Agreement (“Agreement”), made as of the last date signed below (the “Effective Date”), by and between the City of Carson (“Participant”), and Clean Power Alliance of Southern California, a Joint Powers Authority and Community Choice Aggregation program (“CPA”), referred to individually or collectively as “Party” or “Parties,” is to enroll Participant in the CPA Energized Communities Program for Electric Fleet Transition, described in more detail below.
RECITALS
WHEREAS, CPA has launched the Energized Communities Program (“Energized Communities”) to assist CPA’s member agencies with the implementation of building and transportation electrification measures to reduce dependence on fossil fuels and reach sustainability and decarbonization goals by providing financial and technical support; WHEREAS, as part of the Energized Communities program offering, CPA desires to support transportation electrification efforts in its service territory through the CPA Energized Communities Program for Electric Fleet Transition (“Program”), which seeks to help Participant develop and implement electrical vehicle (“EV”) fleet transition measures that will result in increased EV charging infrastructure, and reductions in greenhouse gas emissions; WHEREAS, to implement the Program, CPA has entered into the Professional Services Agreement, dated as of March 7, 2024, by and between Optony, Inc. (“Optony”) and CPA, under which Optony will provide technical support for Participant as it engages in efforts to develop, draft, review, and/or implement Participant’s fleet electrification measures; WHEREAS, CPA intends to make Optony or a successor consultant (“Contractor”) available to Participant and other CPA member agencies to support Participant as it engages in its own effort to develop, draft, review, and/or implement Participant’s fleet electrification measures; WHEREAS, Participant desires technical support from Contractor as Participant develops, drafts, reviews, and/or implements fleet electrification measures; and WHEREAS, Participant may seek financial support provided by CPA to offset the cost of implementing fleet electrification measures as agreed upon by the Parties.
NOW, THEREFORE, in consideration of the mutual promises and agreements herein contained, it is mutually understood and agreed by and between the Parties as follows:
AGREEMENT
1. Term. This Agreement begins on the Effective Date and ends on June 30, 2029 (“Term”).
2. Termination. Any Party may terminate this Agreement for convenience and without liability to the other Party upon giving the other Party thirty (30) days prior written notice.
2 3. CPA Obligations. CPA agrees to perform the services and provide financial reimbursement to Participant, as detailed in Exhibit A, Electric Fleet Transition – Program Terms and Conditions, attached hereto.
4. Participant Obligations. Participant agrees to the obligations detailed in Exhibit A attached hereto.
5. NO LIABILITY; NO REPRESENTATION OR WARRANTY; INDEMNITY.
a. CPA DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER
EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED
TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND
TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE WITH RESPECT TO (1) SERVICES
PROVIDED BY CONTRACTOR TO PARTICIPANT AND (2) ANY FLEET ELECTRIFICATION MEASURES IMPLEMENTED BY PARTICIPANT.
b. INDEMNIFICATION. EACH PARTY SHALL INDEMNIFY AND HOLD
HARMLESS TO THE FULLEST EXTENT PERMITTED BY LAW THE OTHER
PARTY AND ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES,
MEMBERS, VOLUNTEERS, AGENTS, AND REPRESENTATIVES FROM
AND AGAINST ANY AND ALL DAMAGES, LIABILITIES, COSTS,
EXPENSES, CLAIMS, AND/OR JUDGMENTS, INCLUDING, WITHOUT
LIMITATION, REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS
THAT MAY DIRECTLY OR INDIRECTLY ARISE AND/OR RESULT FROM THE INDEMNIFYING PARTY’S GROSS NEGLIGENCE OR WILLFUL
MISCONDUCT. THIS INDEMNIFICATION SHALL BE ONLY IN
PROPORTION TO AND TO THE EXTENT THAT SUCH CLAIMS,
JUDGMENTS, CAUSES OF ACTION, DAMAGES, PENALTIES, COSTS, LIABILITIES, AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND
COSTS INCURRED IN THE DEFENSE OF ANY SUCH CLAIM OR ANY
ACTION OR PROCEEDING BROUGHT THEREON ARISE FROM THE
NEGLIGENT OR INTENTIONAL ACTS OR OMISSIONS OF INDEMNIFYING PARTY , AND ITS OFFICERS, EMPLOYEES, INVITEES, OR AGENTS.
NOTWITHSTANDING THE FOREGOING, CPA SHALL BE UNDER NO
OBLIGATION WHATSOEVER TO INDEMNIFY PARTICIPANT OR HOLD
PARTICIPANT HARMLESS, INCLUDING BUT NOT LIMITED TO
ATTORNEY’S FEES, COSTS, OR DISBURSEMENTS AS A RESULT OF PARTICIPANT’S CONSIDERATION, DEVELOPMENT, REVIEW,
DRAFTING, ADOPTION, AND/OR IMPLEMENTATION OF PARTICIPANT’S FLEET ELECTRIFICATION MEASURES.
3 c. LIMITATION OF LIABILITY . CPA SHALL NOT BE LIABLE TO
PARTICIPANT FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, LOST
PROFIT, LOST OPPORTUNITY , OR EXEMPLARY DAMAGES FOR ANY
CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO PARTICIPANT’S
DEVELOPMENT, DRAFTING, REVIEW, ADOPTION, AND/OR
IMPLEMENTATION OF PARTICIPANT’S FLEET ELECTRIFICATION
MEASURES, ANY SERVICES PROVIDED BY CONTRACTOR, AND/OR ANY
OTHER CLAIM, WRIT, PETITION, OR CAUSE OF ACTION RELATED TO
THIS AGREEMENT WHETHER ARISING FROM BREACH OF CONTRACT,
WARRANTY , TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), STATUTE, OR OTHERWISE.
6. Insurance.
a. The Parties agree to provide and maintain throughout the Term of this Agreement, at their own expense, a program of insurance, or self-insurance, covering the activities and operations of their respective officers, agents and employees, and contractors for the Term of this Agreement. This insurance shall include general liability insurance with coverage limits of $2,000,000 per occurrence and $2,000,000 aggregate (unless the aggregate is on a per-policy basis, in which case the aggregate shall be a minimum of $4,000,000). This insurance shall be endorsed to include the following: (i) CPA, its Board, Officers, Officials, Employees, Agents, Servants, and V olunteers are covered as additional insureds on Participant’s commercial general liability policy, and Participant’s Board, Officers, Officials, Employees, Agents, Servants, and V olunteers are covered as additional insureds on CPA’s commercial general liability policy; and (ii) a written notice to be mailed to the other Party 30 days prior to the effective date of a cancellation or non-renewal of such insurance.
b. Participant agrees to maintain throughout the Term of this Agreement, at their own expense, an automobile liability policy covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per occurrence for bodily injury and property damage.
c. The Parties agree to maintain throughout the Term of this Agreement, at their own expense, a workers’ compensation policy as required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease.
d. Upon request, either Party shall provide the other evidence of such coverage naming the other Party as an additional insured including an additional insured
4 endorsement issued by the insurance company or program of self-insurance.
e. CPA may waive or change any of the requirements in this Section 6, upon mutual agreement with the Participant.
f. Nothing herein waives or reduces a Party’s indemnification obligations pursuant to Section 5.
7. Publicity. Participant acknowledges and agrees that implementation of the Program may be publicized and included in marketing materials by CPA and Contractor. Each Party shall make best efforts to display or utilize the words “Clean Power Alliance” and “City of Carson” in all marketing materials, including flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles (to the extent possible); provided, that CPA may omit “City of Carson” from CPA marketing materials when publicizing the Electric Fleet Transition offering generally and not specifically with respect to (a) this Agreement or (b) Participant’s participation in the Program. Any publicity or marketing materials, including those mentioned above, that include CPA or Participant logos must be reviewed and approved by both Parties before issuance, subject to the proviso in the preceding sentence. Each Party agrees to provide the other Party with reasonable time for review before such issuance.
Participant shall include CPA’s logo and a statement acknowledging CPA funding of electrification measures on any equipment, including vehicles, and project signage.
Statements shall be provided by CPA and placement of such statement shall be agreed to by both Parties. Where CPA and Participant logos are used on any signage or documentation arising from this partnership, the logos of each Party will be of equal size.
8. General Provisions.
a. Entire Agreement. This Agreement represents the full and complete understanding between the Parties as to the subject matter of this Agreement and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties related to the subject matter of this Agreement.
b. Amendment. Any amendment to or modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement.
c. Governing Law and Venue. This Agreement is governed by the laws of the State of California. Any lawsuit filed in relation to this Agreement must be filed with the Superior Court for the County of Los Angeles, State of California.
d. Third Party Beneficiaries. There are no intended third-party beneficiaries of this
5 Agreement.
e. Independent Parties. Each Party shall perform its responsibilities and activities described herein separately and not as an officer, agent, employee, or volunteer of the other Party hereto. Each Party shall be solely responsible for the acts and omissions of its officers, agents, and employees. Nothing herein shall be considered as creating a partnership or joint venture between the parties.
f. Headings. The headings in this Agreement are for convenience only, are not a part of the Agreement, and in no way affect, limit, or amplify the terms or provisions of this Agreement.
g. Severability / Partial Invalidity. If any term or provision of this Agreement, or its application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
h. Survival. All provisions which by their nature must continue after the Agreement expires or is terminated shall survive the Agreement and remain in full force and effect, including but not limited to the indemnification requirement in Section 5.
i. Notices. All notices, requests, and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery; or the date confirmed by the reputable overnight delivery service; or on the fifth calendar day after deposit in the United States Mail, postage prepaid; or the next business day following submission by electronic mail:
To CPA:
Joanne O’Neill
Director, Customer Programs
801 S. Grand Ave., Suite 400
Los Angeles, CA 90017
[email protected]
With a copy, which shall not serve as notice as required or specified herein, to:
To Participant:
Reata Kulcsar
6 Energy and Sustainability Officer
City of Carson
701 E. Carson Street, Carson, CA 90745
[email protected]
j. Electronic Signatures. This Agreement may be executed by electronic signature(s) and transmitted either by facsimile or in a portable document format (“pdf”) version by email and such electronic signature(s) shall be deemed as original for purposes of this Agreement and shall have the same force and effect as a manually executed original.
k. Execution in Counterparts. This Agreement may be executed in two or more counterpart copies, each of which shall be deemed as an original and all of which, when taken together, shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement on the latest date of execution set forth below.
______________________________
Ted Bardacke
Chief Executive Officer
Clean Power Alliance of Southern California
Date:
______________________________
David C. Roberts, Jr.
City Manager
City of Carson
Date:
ATTEST:
_______________________________
Dr. Khaleah K. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
_______________________________
Sunny K. Soltani, City Attorney
[rjl]
7 Exhibit A
Electric Fleet Transition - Program Terms and Conditions
1. CPA Obligations
a. CPA will make commercially reasonable efforts to ensure the availability of Contractor to provide the Technical Services (as defined below). CPA does not guarantee (a) that Contractor will be able to perform all duties that Participant staff would otherwise perform, or (b) that participation in the Program ensures implementation of fleet electrification measures.
b. CPA will provide financial reimbursement to Participant in an amount (i) no greater than $250,000 (two hundred fifty thousand dollars) and (ii) to be specified in the Project Scope and Budget, as defined below.
c. CPA will monitor the technical support provided by Contractor and help coordinate fleet electrification efforts with regional stakeholders.
2. Participant Obligations
a. Data, Point of Contact, and Access. Within twelve (12) months of Effective Date, Participant agrees to provide requested data and a dedicated point of contact to CPA and Contractor for coordination purposes throughout the Program. Participant agrees to coordinate visits to its facilities with CPA and Contractor, as needed, to collect information to prepare site designs and EV charging infrastructure installation plans.
b. Scope and Budget. Participant shall commit to a project scope and budget (“Project Scope and Budget”) that plans to acquire EVs into the agency’s fleet, construct charging infrastructure, and/or install EV charging ports, within three years from the initial project launch meeting with CPA and Contractor, substantially in the form of Exhibit B, Form of Project Scope and Budget, attached to the Agreement.
Participant acknowledges and agrees that it shall not be eligible to receive Technical Services or Project Funding (as such terms are defined below) until CPA and Participant mutually agree upon the Project Scope and Budget.
c. Technical Services. Within twelve (12) months of Effective Date, Participant shall specify which of the following services (“Technical Services”) will be requested from the Contractor in the Project Scope and Budget:
i. Fleet replacement plan.
ii. Energy needs assessment.
iii. Charging infrastructure plan for one or more locations. iv. Permit-ready site designs.
8 v. Managed charging assessment to analyze optimized and non-optimized EV charging costs.
vi. Funding package overview to identify rebate and funding opportunities appropriate for the project, including a summary of the CPA funds available to implement the project recommendations (“Funding Memo”).
d. Project Funding. Participant shall specify expected use of funding for project implementation (“Project Funding”) and make that request from CPA in the Project Scope and Budget.
i. The following expenses are eligible for Project Funding from CPA:
1. Electric vehicles purchase.
2. EV charging equipment, including warranties, service contracts, and/or subscription fees.
3. Installation costs for EV infrastructure.
4. Managed Charging (as defined below) services and equipment.
5. Construction costs for charging infrastructure.
6. Additional expenses to be determined and approved by CPA in its sole discretion.
ii. Participant acknowledges and agrees that any costs for construction and installation of charging infrastructure that are not agreed upon under the Project Scope and Budget shall be borne by Participant. iii. Warranties and operations support for equipment and any energy management systems will be the responsibility of the Participant to arrange for with the specific vendors of those systems. iv. If Participant elects to receive Project Funding for the purchase of fleet vehicles or EV charging equipment to meet its fleet electrification objectives, it must meet the following requirements:
1. Participants that elect to receive funding for the purchase of EVs or EV charging equipment will be required to enroll in a managed charging service (“Managed Charging”) for at least three years [or otherwise acknowledge the agency’s fleet will avoid charging vehicles during peak periods where feasible]. The following options are available to satisfy Participant’s obligation to enroll in Managed Charging:
a. Enrollment in a managed charging program offered by CPA. b. Enrollment in managed charging services to be provided by Contractor.
c. Enrollment in a managed charging program offered by a third party, subject to CPA’s prior written approval.
d. Creation of a charging schedule and optimization plan, subject to CPA’s prior written approval.
2. Fleet vehicles purchased using funding provided under this Agreement must be owned by Participant.
9 v. Participant is allowed to combine Project Funding from CPA with funding from other organizations and sources, including, but not limited to, investor-owned utilities, South Coast Air Quality Management District, rebates, and state and federal grants. Participant shall inform CPA if grants and other funding related to the project scope are received. Participant agrees and acknowledges that in no event shall the combined funding from CPA and third parties exceed 100% of total project costs, as specified in the Funding Memo. Should such situation arise, the Parties will review the Project Scope and Budget to consider amendments and/or a reduction in Project Funding.
vi. Reimbursement. Participant shall submit appropriate documentation to request reimbursement for measures as specified in the agreed upon Project Scope and Budget substantially in the form of Exhibit C, Form of Reimbursement Request, attached to the Agreement.
e. Intellectual Property. Participant agrees and acknowledges that all tools, templates, and other resources generated by the Contractor during the implementation of the Program will be the intellectual property of CPA.
f. CPA Customer. As of the Effective Date, Participant represents and warrants that Participant is a CPA public agency customer and acknowledges and agrees that Participant is required to continue to be a CPA public agency customer in order to be eligible to receive services and financial reimbursement under this Agreement.
g. Notice to Proceed. Participant shall provide to CPA a written notice to proceed (“Notice to Proceed”) to commence charging infrastructure plans and site design services prior to Contractor commencing work on the Technical Services specified in Section 2.c.iii and 2.c.iv. The Notice to Proceed shall indicate that the Participant intends to move forward with constructing charging infrastructure.
h. Fleet Composition, Facilities Information, and Energy Data. Participant agrees to share information with CPA and Contractor regarding fleet composition and usage, including asset inventories, fueling records, duty cycles, mileage readings, etc., as available, facilities information including as-builts or architectural designs, panel schedules, single-line diagrams, as available, and historical energy data for facilities that may install charging.
i. Ongoing Data: Participant agrees to provide CPA access to EV charging data through the charging operator’s online portal or other system to be determined, and share EV charging data with CPA during the Term of this Agreement.
10 Exhibit B
Form of Project Scope and Budget
Following the terms provided in the Participation Agreement, the specific Project Scope and Budget for Participant will be submitted to CPA substantially in the form illustrated below.
Fleet size is based on the total number of vehicles in the fleet and is determined when the scope and budget for the project are finalized.
Table: Project Scope and Budget
Contractor Services
Provided
Services
Selected by
Participant
Budget for Small Fleet
Services (less than 100
vehicles)1
Budget for Medium
Fleet Services
(100-300 vehicles)
Fleet Replacement Plan None
Energy Needs Assessment None
Charging Infrastructure Plan
(for selected facilities listed
here)
None
Site-visit None
Permit-ready site designs (per
site)
None
Funding package overview None
Managed Charging (Charging
Schedule and Optimization
Plan)
None
Subtotal for Technical
Services
Summarize how Participant
intends to use Project
Funding to implement
recommendations
(refer to eligible expenses in
Exhibit A).
No Technical Services requested.
Subtotal for Project
Funding
$250,000
11 Indicate if Participant elects
to receive Project Funding
only for electric vehicle
and/or equipment purchase
and not for Technical
Services. Summarize how the
funds will be used here.
Participant will follow
requirements in
Exhibits A and C.
The City will request a funding reimbursement to cover costs related to the increase in electricity expenses from charging fleet vehicles. The City will also request a funding reimbursement to offset the costs of purchasing 5 electric vehicles for the City’s fleet as summarized below.
$25,000 fleet charging cost (reimbursement) – these funds are essential for supporting the increase in the City’s fleet charging costs, as they will offset the expenses associated with charging the City’s electric vehicle (EVs) fleet, making the shift to cleaner energy more financially viable for the City. Each EV will be assigned a dedicated RFID-enabled fob for tracking and managing charging sessions, ensuring efficient usage and accurate cost allocation. This system helps streamline operations while promoting sustainability and reducing emissions. The City will submit the electricity cost information for the EV fleet gathered from the RFID tracking system with the request for funding reimbursement.
$225,000 to purchase five (5) electric vehicles. These funds will also be critical for the procurement of EVs to support the City’s sustainability goals. While the exact make and model are still to be determined, each vehicle is estimated to cost approximately $45,000. These funds will help reduce the financial burden of transitioning to EVs, enabling the City to make cost-effective investments in cleaner transportation. The City will submit the proposed vehicle purchase order to CPA for approval prior to commencement of vehicle procurement. The City will also provide information on fleet composition and usage to CPA to determine fuel cost savings and emissions reductions from the transition to EVs.
Total Budget Requested
$250,000
12 Exhibit C
Form of Reimbursement Request
Participant will submit a W-9, and any invoices, receipts, or other appropriate documentation to show paid expenditure of funds, along with the reimbursement request for measures, as specified in the agreed upon Project Scope and Budget. A reimbursement request with the information noted in the table below will be submitted to CPA for approval. CPA will notify the Participant of approval and forthcoming repayment.
Reimbursement Request Form
Fleet Electrification
Measure
Reimbursement
Amount
Requested
Documentation
Provided
(Invoice,
Purchase
Receipt, etc.)
Total Project
Funding
Budget
Assigned*
Remaining
Budget
Electric vehicle
purchase
EV charging
equipment, including
warranties, service
contracts, and/or
subscription fees
Installation costs for
EV infrastructure
Managed Charging
(energy management)
subscription and/or
equipment costs
Construction costs for
charging
infrastructure
Additional expenses
to be determined and
approved by CPA
Total Amounts
*Project Funding budget refers to the budget amount remaining following the completion of Technical Services, as outlined in Exhibit A and Exhibit B.
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 17. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Operations Subject: CONSIDER APPROVAL OF AMENDMENT NO. 2 TO THE AGREEMENT (21-080) WITH VERNE’SPLUMBING, INC., FOR THE TESTING, REPAIR AND REPLACEMENTOF CITY-OWNED BACKFLOWPREVENTION DEVICES (CITY COUNCIL) I. SUMMARY
On June 1, 2021, the City entered into a three-year contract with Verne's Plumbing, Inc. to provide testing and repair services for backflow prevention devices owned by the City. The contract can be extended for an additional two one-year periods. The contract award was made in response to RFP 21-013. On November 7, 2023, the City Council approved Amendment No. 1 to the Agreement (Exhibit 2), to exercise the first one-year extension option at $16,667 with an additional $27,526,31 to replace damaged backflow prevention devices resulting in the total adjusted contract sum of $94,193.31.
Staff is now requesting that City Council approve Amendment 2 (Exhibit No. 1) to this contract, to exercise the City's second option to extend the terms of this agreement for one year at a pre-established not to exceed cost of $16,667. This amendment would increase the total contract sum to $110,860.31 and extend the term to May 30, 2026.
II. RECOMMENDATION
1. APPROVE Amendment No. 2 to the Agreement for Contract Services by and between the City of Carson and Verne’s Plumbing, Inc. to increase the contract sum by $16,667 such that the total cost of the Contract Agreement does not exceed $110,860.31, and extend the term of the agreement by one year to May 30, 2026.
2. AUTHORIZE the Mayor to execute the amendment after approval as to form by the City Attorney.
III. ALTERNATIVES
1. DO NOT APPROVE Amendment No. 2 to the Agreement for Contract Services.
2. DO NOT APPROVE the extension of the service contract.
3. TAKE another ACTION the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
701 East Carson Street
The City is responsible for maintaining over 100 backflow prevention devices throughout Carson. These devices are located in public areas such as parkways, medians, parks, and City facilities. The purpose of these devices is to prevent contaminated water from flowing back into the potable water supply, which can happen if there is a sudden pressure drop in the water line. Backflow can cause serious health hazards by contaminating the public drinking water supply. However, backflow prevention devices eliminate this hazard and ensure that the public drinking water is safe.
Under Title 17 of the California Code of Regulations, backflow preventers must be tested at least once every year.
The local health agency or water supplier may require more frequent testing if necessary. The water supplier requires the City to follow a regular schedule for testing these devices.
Staff requests that the City Council approve Amendment No. 2 to the contract with Verne’s Plumbing, Inc. for the continued certification and repair of several damaged backflow prevention devices. The ongoing maintenance of these devices is critical for compliance with regulations particularly for devices located at City facilities and various center medians. The total amount needed for the additional one year extension totals $16,667 adjusting the total contract sum to $110,860.31.
V. FISCAL IMPACT
Funds required to implement these contracts are included in the FY 2024-25 General Fund budget account no. 101- 80-840-110-6004.
VI. EXHIBITS
1. Verne’s Plumbing Inc. Amendment No. 2
2. Verne's Plumbing Inc. Amendment No. 1
Prepared by: Freddy Loza, Public Works Superintendent – Facilities and Fleet
Attachments
Exhibit 1 Verne's Plumbing Amendment 2.pdf
Exhibit 2 - C-21-080 - VERNE'S PLUMBING AMENDMENT NO. 1 2023 DEC 5.pdf 1 01007.0006/866255.1
AMENDMENT NO. 2
TO PUBLIC WORKS AGREEMENT
THIS AMENDMENT TO PUBLIC WORKS AGREEMENT (“Amendment No. 2”) by and between the CITY OF CARSON, a California municipal corporation (“City”) and VERNE’S PLUMBING, INC, a California corporation (“Contractor”), is effective as of the _____ day of __________________, 2024.
RECITALS
A. City and Contractor entered into that certain Public Works Agr eement dated June 1, 2021 (“ Agreement”) whereby Contractor agreed to provide certain plumbing repair work (“Project”), for a three (3) year term expiring May 30, 2024, with two (2) one (1) year options to extend to be exercised at City’s discretion.
B. The Contract Sum under the Agreement is $50,000 for the three (3) year term, and an additional $16,667 per each one (1) year extension period.
C. On December 4, 2023, the City and Contractor entered into an amendment to the Agreement (“Amendment No. 1”) for repair of backflows at various center medians and replacement of valve and backflow devices that were irreparably damaged, with one of these devices being a large 6-inch cast iron backflow responsible for the fire suppression system at the Community Center, while the remaining devices are small 2 -inch brass or PVC lines that serve center medians (collectively, “Additional Services”). The cost of such Additional Services was $27,526.31. Amendment No. 1 also extended the Agreement term by one (1) year with the City exercising the first of its two one (1) year extension options, thereby increasing the Contract Sum to $94,193.31 and extending the Term to May 30, 2025.
D. Now, City and Contractor seek to enter into this Amendment No. 2 to reflect City’s exercise of its second and final extension option, which will increase the Contract Sum to $110,860.31 and extend the Term to May 30, 2026.
TERMS
1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through):
A. Section 2.1 (Contract Sum) of the Agreement is hereby amended to read in its entirety as follows:
“2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Contractor the amounts set forth in the “Schedule of Compensation,” attached hereto as Exhibit C and incorporated herein by this reference. Subject to any additions or deductions that may be made by change order or amendment, and any penalties or damages that may be assessed against Contractor, Contractor shall receive total 2 01007.0006/866255.1
compensation not to exceed One Hundred Ten Ninety Four Thousand Eight One Hundred Sixty Ninety Three Dollars and Thirty One Cents ( $110,860.31 $94,193.31) (“Contract Sum”) for completion of the work, including all Services, for the initial three-year term of this Agreement, and not to exceed $16,667 per one- year extension period exercised pursuant to Section 3.1.” B. Section 3.1 ( Schedule of Performance) of the Agreement is hereby amended to read in its entirety as follows:
“3.1 Schedule of Performance.
Contractor shall begin work within five (5) calendar days after receiving a Notice to Proceed from the City and the work shall be completed in accordance with the “Schedule of Performance, attached hereto as Exhibit “D” and incorporated herein by reference, and any revisions thereof approved by the City in writing. Time is of the essence. If the work is not completed within said time period, liquidated damages shall apply. The term of this Agreement shall expire five four (54) years following the Effective Date, except as otherwise provided in the Schedule of Performance. The City shall have the right but not the obligation, in its sole and unfettered discretion, to extend the term of this Agreement for one (1) one -year extension periods upon execution of a duly- approved written amendment to this Agreement.”
C. Section IV. of Exhibit “C” (Schedule of Compensation) of the Agreement is hereby amended to read in its entirety as follows:
“IV. The total compensation for the Services shall not exceed $110,860.31 $94,193.31, and shall not exceed $16,667 per one -year extension period, as provided in Section 2.1 of this Agreement.”
2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2 and Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 and Amendment No. 1.
3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.
Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
3 01007.0006/866255.1
City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.
4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.
5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.
6. Counterparts. This Amendment No. 2 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 2.
[SIGNATURES ON FOLLOWING PAGE]
4 01007.0006/866255.1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first written above.
CITY:
CITY OF CARSON, a municipal corporation
Lula Davis-Holmes, Mayor
ATTEST:
Dr. Khaleah R. Bradshaw, City Clerk
APPROVED AS TO FORM:
ALESHIRE & WYNDER, LLP
Sunny K. Soltani, City Attorney
[rjl]
CONTRACTOR:
VERNE’S PLUMBING, INC.,
a California corporation
By:
Name:
Title:
By:
Name:
Title:
Two corporate officer signatures required when Contractor is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONTRACTOR’S SIGNATURES
SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS
MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONTRACTOR’S BUSINESS ENTITY. 1 01007.0006/866255.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 2 01007.0006/866255.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
On __________, 2024 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i n his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature: _____________________________________
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
INDIVIDUAL
CORPORATE OFFICER
_______________________________
TITLE(S)
PARTNER(S) LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S)
GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________
TITLE OR TYPE OF DOCUMENT
___________________________________
NUMBER OF PAGES
___________________________________
DATE OF DOCUMENT
___________________________________
SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document.
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 18. To: Honorable Mayor and City Council From: Dr. Arlington Rodgers, Director of Public Works PW Engineering Subject: CONSIDER RECORDING A "NOTICE OF EXEMPTION" IN THE OFFICE OF THE LOS ANGELESCOUNTY CLERK AND WITH THE STATE CLEARING HOUSE FOR PROJECT NO.675 (SEPULVEDA BRIDGEWIDENING PROJECT), PURSUANT TO SECTION 15301 OF THE CALIFORNIA ENVIRONMENTAL QUALITYACT GUIDELINES AND AUTHORIZING STAFF TO ADVERTISE FOR CONSTRUCTION (CITY COUNCIL) I. SUMMARY
Project No. 675: Sepulveda Bridge Widening Project is one of the projects listed on the City’s Capital Improvement Program (CIP) and funded by Measure M.
The Project consists of adding two additional traffic lanes on the bridge across Dominguez Channel and along Sepulveda Boulevard between Alameda Boulevard and Intermodal Way.
The Plans, Specifications, and Estimates (PS&E) for Project 675: Sepulveda Bridge Widening project have been completed and are ready for construction bids. The PS&E are on file in the City’s Engineer’s Office. The estimated construction cost is $12,760,000.
The City Council is requested to authorize staff to advertise the project for construction bids, and to record the Notice of Exemption to satisfy the California Environmental Quality Act’s requirements.
II. RECOMMENDATION
TAKE the following actions:
1. AUTHORIZE staff to advertise the work and call for construction bids for Project No. 675: Sepulveda Bridge Widening Project from Alameda Boulevard to Intermodal Way.
2. MAKE the California Environmental Quality act finding that the proposed Project No. 675: Sepulveda Bridge Widening Project from Alameda Boulevard to Intermodal Way is categorically exempt pursuant to Section 15301 of the California Environmental Quality Act guidelines.
3. AUTHORIZE staff to record the “Notice of Exemption” in the office of the Los Angeles County Clerk and with the State Clearing House at the Governor’s Office of Planning and Research for Project No. 675: Sepulveda Bridge Widening Project.
III. ALTERNATIVES
701 East Carson Street
1. DO NOT APPROVE the above recommendations. However, staff will not be able to proceed with the construction of the project.
2. TAKE another action the City Council deems appropriate, consistent with the requirements of the law.
IV. BACKGROUND
Project No. 675 is part of the Capital Improvement Program (CIP). This project is programmed to start in FY2024/25, and is funded with Measure M grant funds with an estimated construction cost of $12,760,000.
The Project consists of reconstruction of the existing roadway, adding two additional traffic lanes on the bridge across Dominguez Channel and along Sepulveda Boulevard between Alameda Boulevard and Intermodal Way (Exhibit No. 1), including retrofitting the structural pads of the existing bridge. This improvement will improve traffic capacity in the area that is heavily used for freight transport along the Sepulveda Corridor. Additional sidewalk and landscaping will be installed on both sides of the roadway as well between Alameda Boulevard and Intermodal Way which will help improve safety of the pedestrians and enhance the area and its infrastructure. It will also include the installation of new streetlights and trees, as well as upgrade to current standards to meet the Americans with Disabilities Act (ADA) requirements.
The city retained the services of RKA Consulting Group (RKA) to complete the plans, specifications, and estimate (PS&E) for this project. The plans and specifications for Project No.675 have been completed by RKA, reviewed by the Engineering Services Division of the Public Works Department and are now ready to be advertised for construction bids (Exhibit No. 2).
Based on California Environmental Quality Act (CEQA) guidelines, the proposed project is categorically exempt according to the following:
Section 15301 of the CEQA includes the type of existing facilities projects that are categorically exempt. The following sections apply:
Section 15301 (a): Interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances.
Section 15301 (b): Existing facilities of both investor and publicly owned utilities used to provide electric power, natural gas, sewerage, or other public utility services.
It is requested that the City Council authorize staff to advertise the project for construction bids, and to record the Notice of Exemption to satisfy the California Environmental Quality Act’s requirements (Exhibit No. 3).
V. FISCAL IMPACT
No funding is being requested as part of this staff report. Staff is merely asking for authorization to advertise the work for construction bids. The preliminary estimated construction cost of the project is $12,760,000 and it is anticipated that Measure M will be used to cover the construction cost of this project. The Project is part of the 5- year CIP Plan for Fiscal Year 2024/25.
VI. EXHIBITS
1. Location Map
2. Plans, Specifications, and Estimate
3. Notice of Exemption
Prepared by: Kenneth Young, P.E., Senior Civil Engineer; Gilbert Marquez, P.E., City Engineer
Attachments
Location Map (2).pdf
Sepulveda Blvd Improvements PS&E 11-19-24.pdf
Notice of Exemption.pdf
Approved FY 24/25 CIP Plan
ALAM
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#*EXHIBIT NO. 1
Date Printed: Wednesday, December 19, 2012
MXD: G:\ENGINEERING DIVISION\Location Maps\MXDs\Proj675.mxd PDF: G:\ENGINEERING DIVISION\Location Maps\Proj675.pdf
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Location Map
Project No. 675
Sepulveda Boulevard Widening - Alameda Street to East City Limit
UNDERGROUND SERVICE ALERTCALL: TOLL FREE811TWO WORKING DAYS BEFORE YOU DIGCALL BEFORE YOU DIG I HEREBY DECLARE THAT I AM THE (ENGINEER) OF WORK FOR THIS PROJECT, THAT I HAVE EXERCISED RESPONSIBLE CHARGE OVERTHE DESIGN OF THE PROJECT AS DEFINED IN THE CALIFORNIA BUSINESS AND PROFESSIONS CODE, AND THAT THE DESIGN ISCONSISTENT WITH CURRENT STANDARDS. I UNDERSTAND THAT THE CHECK OF PROJECT DRAWINGS AND SPECIFICATIONS BY THE CITY OF CARSON IS CONFINED TO A REVIEWONLY AND DOES NOT RELIEVE ME, AS AN ENGINEER OF WORK, OF MY RESPONSIBILITIES FOR PROJECT DESIGN. THE PLAN CHECK ISNOT A DETERMINATION OF THE TECHNICAL ADEQUACY OF THE DESIGN OF THESE IMPROVEMENTS.
Name of (Engineer) : License Number, Date : Firm Name (Engineer) : Address : Phone Number : Fax Number : Email Address :
DECLARATION OF RESPONSIBLE CHARGE
Signature
CITY OF CARSONPROJECT NO. 275SEPULVEDA BOULEVARDFROMEAST OF ALAMEDA STREET TO EAST CITY LIMITS UNDERGROUND SERVICE ALERTCALL: TOLL FREE811TWO WORKING DAYS BEFORE YOU DIGCALL BEFORE YOU DIG
S E P U L V E D A B O U L E V A R DFROMEAST OF ALAMEDA STREET TO EAST CITY LIMITSPROJECT NO. 675 UNDERGROUND SERVICE ALERTCALL: TOLL FREE811TWO WORKING DAYS BEFORE YOU DIGCALL BEFORE YOU DIG
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INTERMODAL WAY
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PrintForm
NoticeofExemptionAppendixE
To:OfficeofPlanningandResearchFrom:(PublicAgency):CITYOFCARSON P.O.Box3044,Room113701E.CARSONSTREET
Sacramento,CA95812-3044CARSONCA90745
CountyClerk
Countyof:LosAngeles(Address)
12400ImperialHighway
Norwalk,CA90650
ProjectTitle:SEPULVEDAWIDENING(CityProjNo675)
ProjectApplicant:N/A
ProjectLocation-Specific:
SEPULVEDABLVDFROMALAMEDASTREETTOAPPROX450-FTEASTOFINTERMODALWAY(CITYLIMIT) ProjectLocation-City:CARSONProjectLocation-County:LOSANGELES DescriptionofNature,PurposeandBeneficiariesofProject:
WIDENINGOFROADWAYANDWIDENINGOFBRIDGETOACCOMMODATE1ADDITIONALLANEONEACH TRAFFICDIRECTION.PROJECTWILLALSOIMPROVECONDITIONOFTHEROADWAY.FORADDITIONALDETAILS, PLEASESEEAHACHENTA,PROJECTDESCRIPTION.
NameofPublicAgencyApprovingProject:CITYOFCARSON
NameofPersonorAgencyCarryingOutProject:CITYOFCARSON
ExemptStatus:(checkone):
DMinisterial(Sec.21080(b)(1);15268);
DDeclaredEmergency(Sec.21080(b)(3);15269(a));
CEmergencyProject(Sec.21080(b)(4);15269(b)(c));
CategoricalExemption.Statetypeandsectionnumber:15301and15304 CStatutoryExemptions.Statecodenumber:
___________________________________________________
Reasonswhyprojectisexempt:
PLEASESEEATTACHMENTB.
a%on:RAYMONDVELASCOAreaCode/Telephone/Extension:310-830-7600 Iffiledbyapplicant:
1.AttachcertifdUcumefexemptionfinding.
2.Haoticeetionbeenfiledbythepublicagencyapprovingtheproject?.YesCNo Signure:
__________________________
Date:‘1
1(tiTitle:SEtSJIVL—CgII,-jJsjL_
llignebyLeadAgencyCSignedbyApplicant
Authoritycited:Sections21083and21110,PublicResourcesCode.DateReceivedfortilingatOPR:
________________
Reference:Sections21108,21152,and21152.1,PublicResourcesCode.
Revised2011
Attachment A
PROJECT DESCRIPTION FOR THE
SEPULVEDA BOULEVARD DOMINGUEZ CHANNEL BRIDGE
PROJECT PURPOSE:
The Sepulveda Boulevard over Dominguez Channel Project involves the widening of Sepulveda Boulevard east of Alameda Street to just west of the Terminal Island Freeway (State Route 103) (Project). The purpose of the proposed project is to
widen the Sepulveda Boulevard bridge over the
Dominguez Channel to promote better traffic circulation and road safety. The primary components of the project include:
• Widening the roadway and bridge for 1,475 linear feet to improve road safety and reduce traffic congestion by allowing for better traffic circulation.
• Pavement reconstruction for 700 linear feet to replace the failing pavement. The proposed pavement section will be thicker than the existing pavement and will provide a longer service life.
• Adding a median and sidewalks on both sides of the bridge. • Adding crosswalks to the north and east legs of the Sepulveda/Alameda ramp intersection. • Traffic signal modification to improve pedestrian safety by adding accessible push buttons and pedestrian countdown heads.
PROJECT LOCATION:
The Project site is located in the County of Los Angeles along Sepulveda Boulevard east of the intersection of Alameda Street to approximately 450 feet east of Intermodal Way (City limits) in the City
of Carson, and includes the Sepulveda Boulevard bridge over Dominguez Channel (Figure 1). The Project can be found on the California United States Geological Survey (USGS) 7.5‐minute Long Beach topographic quadrangle, in Township 3 South, Range 12 West, Special Survey San Pedro‐ Dominguez of the San Bernardino Meridian. State Route 103 (Terminal Island Freeway) is located to the southwest, Alameda Street (State Route 47) to the west, and commercial and industrial buildings are located to the east, west, and north.
PROJECT DESCRIPTION:
The existing prestressed concrete girder bridge will be widened from 52 feet to 96 feet. The bridge will continue to carry two lanes of traffic in both directions. The widening will allow for the addition of a 14‐ foot wide median, 8‐foot shoulders and 5‐foot sidewalks. The skew angle, finish grade, and the centerline of the roadway will remain unchanged. Caltrans Type 26 concrete barrier with tubular handrail will be placed on both sides of the bridge for pedestrian and vehicle safety. Road work will occur approximately 1,000 feet east and west of the bridge as part of a roadway reconstruction and widening project.
Eight new batter piles will be added to Bents 2, 3, and 4 each for a total of 24 new batter piles. The piles will be typical 16‐inch octagonal precast and prestressed concrete piles filled with ASTM C150 Type II Low Alkali cement. This results in an area of approximately 33.6 square feet (0.0008 ac) total of new batter piles in the channel. Pile drivers for Bents 2, 3, and 4 will operate from the existing bridge and will not be in the channel. The type of pile driver to be used will be determined by the Contractor; however, Attachment A
operating equipment will not exceed noise thresholds to the nearest sensitive receptors approximately 2,200 feet away. No water diversion is planned. No temporary dams will be built. An existing stone revetment levee will be impacted by Piers 2 and 4. The rock slope protection will have to be moved prior to pile driving and reset with the aid of a diver after construction is complete.
Eight new 60‐inch diameter CIDH concrete piles will be added to Abutments 1 and 5 each, for a total of 16 new abutment piles. This results in an area of approximately 313.6 square feet (0.007 ac) total of new abutment piles in the channel. The CIDH piles will be drilled in place from the existing roadway utilizing a 60‐inch diameter drill. A crane capable of lifting a 50‐foot tall rebar cage will be used to lower the reinforcement into the holes.
An excavator will operate either from the existing bridge or from a barge in the channel. If a barge is used, the size and type will be determined by the Contractor. The average diameter of the stone revetment is 14 inches. The Contractor will push the existing stone to the side to allow the piles to be placed. The excavator will assist in moving and resetting the stone revetment around the new piles, and there will be a diver in the channel for this portion of the construction. It is not expected that any material will need to be excavated, assuming no large pieces of stone need to be moved. In addition, there may be other barges at the discretion of the Contractor in the channel to allow the workers to set the formwork to pour the pier caps and bridge deck.
Work within the channel will be conducted during the dry season, however, the channel is within the tidal zone and is never dry. Flows typically are reduced in the summer. Pile driving may extend into the winter. Following construction, the channel will be restored to the original condition except for the new project structures.
A 400‐foot long, 4‐foot
maximum height retaining wall will be constructed on the south side of the right of way starting just east of the Alameda Ramp and extending to the east, ending 500 feet from the channel. The retaining wall will not have any impact on the channel. It will take approximately a month to construct. A bulldozer and an excavator will be used for construction. To maintain at least one lane of traffic in each direction during construction, construction will occur in two stages. If the bridge is closed during construction, the entire bridge will be constructed in one stage and traffic will be redirected to other nearby roadways.
A total of nine trees will be removed, four palm trees and five ficus trees (see sheets 5 through 8). 35 trees will be planted along the street to replace the removed trees.
Three existing catch basins and their respective laterals will be modified to line up with the new curb
alignments.
PROJECT CONSTRUCTION SCHEDULE:
The 2‐year construction of the project is scheduled to be awarded in June of 2017. The 2‐year construction schedule assumes that one side of the bridge will be constructed at a time. One lane will be open in
each direction. Once the bridge widening is complete, the median will be added to the bridge.
Working hours will be from 7:30 am to 4:00 pm.
Attachment A
The schedule following that includes:
• October 2017: Construction on the bridge begins. (This will be during the “rainy” season) • October 2018: Work in the Dominguez Channel is completed. • October 2019: All construction on the bridge is completed.
BEST MANAGEMENT PRACTICES, AVOIDANCE, MINIMAZTION, AND COMPENSATION MEASURES:
The Contractor will implement best management practices
Attachment B
1 Sepulveda Widening Project (City Project Number 675)
Notice of Exemption (NOE)
Reasons Why Project Is Exempt:
The proposed activity is a project subject to CEQA. However, it is exempt from further environmental analysis under a Class 1, Existing Facilities, categorical exemption, which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency‘s determination and Class 4, Minor Alterations to Land, categorical exemption, which consists of minor public or private alterations in the conditio n of land, water, and/or vegetation which do not involve removal of healthy, mature, scenic trees except for forestry or agricultural purposes. The Proposed Project would result in minor alterations to the existing road, sidewalk, and bridge and would not change the existing on-site uses and op erations. Therefore, the application of a Class 1 categorical exemption is appropriate for the Proposed Project. Further, the project would include minor alterations to existing land without the remo val of scenic, healthy mature trees. Therefore, the application of a Class 1 categorical exemption is appropriate for the proposed project.
The Proposed Project does not have the potential to trigger any of the exceptions identified in CEQA Guidelines §15300.2. Consequently, as documented below, the Proposed Project is exempt from further CEQA review.
(a) Location. Classes 3, 4, 5, 6, and 11 are qualified by consideration of where the project is to be located – a project that is ordinarily insignificant in its impact on the environment in a particularly sensitive environment may be significant. The Proposed Project falls under a Class 1 categorical exemption and not within a class that requires additional consideration due to its location. Notwithstanding, the project site is fully developed and the proposed improvements would not require any disturbance to native soils that would impact an environmental resource of hazardous or critical concern. This except ion does not apply to the subject Notice of Exemption.
(b) Cumulative Impact. The improvements that would be implemented by the City would not be constructed at the same time as other known projects on or near the project site. Therefore, this exception does not apply to the Notice of Exemption. (c) Significant Effect. The equipment for the Proposed Project would installed on or within existing facilities. Therefore, the improvements would not appear visually incompatible with existing equipment and accessories on the project site. Construction/installation activities for the proposed project would be relatively straight-forward and minor in scope. Therefore, short-term construction-related impacts are less than significant. Operation of the proposed project would be similar and consistent with the existing uses and operational activities on the project site. Therefore, no reasonable possibility ex ists that the Proposed Project would have a significant effect on the environment due to unusual circumstances. Therefore, this exception does not apply to the Notice of Exemption.
(d) Scenic Highways. The Proposed Project would not result in the demolition of existing structures or the construction of new facilities that would directly or indirectly affect officially designated scenic highways or scenic resources near a scenic highway. The project sites are not within view of this segment of the highway nor can it be viewed from the highway. Therefore, no impact to scenic highways would occur, and this exception does not apply to the Notice of Exemption.
(e) Hazardous Waste Sites. Project implementation would not result in any native soil disturbance that would expose construction workers to any potentially hazardous soil materials. No significant impact to hazardous waste would occur. This exception does not apply to the Notice of Exemption.
(f) Historical Resources. The existing facility is not over 50 years old. Therefore, the proposed improvements would not cause a substantial adverse effect to the significance of a historical resource, as defined in Section 15064.5 of the State CEQA Guidelines, and this exception does not apply to the Notice of Exemption.
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,500,000 -$ -$ -$ -$ 2, 4 COOP - Fund 284 $4,696 2, 4 Measure M PS&E - Fund 283
$0 3,500,000$ -$ -$ -$ 2, 4 DIF Traffic (4941) $0 -$ -$ -$ -$ 4 Gas Tax - Fund 212 $0 Measure R
$12,460,709 -$ -$ -$ -$ 2 OGALS - Fund 268 $6,400,000 4,607,383$ -$ -$ -$ 2 General Fund $190,000 $ - $ - $ - $ - 1, 2, 3, 4 Measure R - Fund 254 $0 $ - $ - $ - $ - 1, 2, 3, 5 Measure M - Fund 281 1 Construction PW1411-4 Roadways Main Street Concrete Improvement from Carson St to Victoria
Annual concrete program - Main Street: Carson to Victoria. Concrete reconstruction, tree removal and replacement, repair of damagesidewalk, driveway approaches, curbs and gutter, access ramps to meet the requirements of ADA.
CC Previously Approved
Projects $ 500,000 $0 $ - $ - $ - $ - 0 Measure M - Fund 281 1 Construction PW1515 Stormwater Carson Stormwater Capture Facility at Carriage Crest Park
Compliance Project - Stormwater chambers under baseball field to divert stormwater into LA County Sanitation District's Regional & Water Pollution Control Plant
CC Previously Approved
Projects 22,110,713$ $500,000 -$ -$ -$ -$ 2 Measure W $4,250,000 -$ -$ -$ -$ 4 OGALS $800,000 -$ -$ -$ -$ 4 DIF $7,750,000 -$ -$ -$ -$ 4 General Fund **Foisia Park Design and
Construction
Design - Various upgrades to park facility. Competitave Grant and the award of funding will be available withing the next 3-4 months. Prop 68 1
CC Previously Approved
Projects 12,757,062$
**Carriage Crest Park Expansion
and Improvement Project
Refurbish main building facility and develop the additional 10 acres leased from Sanitation District. The project will include extending existing parking lot, adding new parking lot, Dog park, and remote restroom on South East end of property. New
playground, outdoor fitness equipment area, new athletic ball fields with Security lights, upgrades to existing basketball courts, and general site improvements including walking/jogging loop (Prop 68-$13M) +($3.3M General Fund) 1
CC Previously Approved
Projects 23,468,092$
Main Street Improvement from Carson
St to Victoria
Citywide Annual Overlay Program - Main Street - Carson to Victoria. The project includes grinding existing asphalt pavement and overlay with ARHM to extend life of the pavement. 1
CC Previously Approved
Projects $ 3,600,000
Sepulveda Blvd -Widening
The project involves widening and improvement of the roadway and bridge along Sepulveda Blvd to provide three lanes of traffic in both directions, construction of new sidewalk, relocation of existing electrical poles, and modification of existing traffic signal. 1
CC Previously Approved
Projects 14,500,000$
Roadways Wilmington /I-405 Fwy Interchange
Installation of improvements needed to provide easy access to the existing pull boxes located under the existing bridge necessary to maintain the traffic signall at the intersection of 223rd and Wilmington. 1
CC Previously Approved
Projects 300,000$
PW0675 Roadways1 Construction
1 Construction PW0919
1 Construction PW1368 Parks
Parks
Roadways1 Construction PW1393-4
1 Construction PW1610
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 1
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source 1 Construction PW1614 Traffic Traffic Signal Installation - Del Amo Bl at Stamps Dr
Traffic signal installation at intersection of Del Amo and Stamps - The project includes the installation of complete traffic signal system on all three legs of intersection. The project will improve safety for pedestrians and vehicles coming in and out of the residential community located on the northside of Del Amo. It will also serve the patrons of the future commercial development located on the south side of Del Amo.
CC Previously Approved
Projects 1,200,000$ $20,000 1,180,000$ -$ -$ -$ 1 DIF Traffic (4941) 1 Construction PW1630 Parks **Anderson Park Electrical Panel- Design and Construction
Replace and upgrade main electrical switch gear and lighting control panel. (Combined PW1630 & PW1671)
CC Previously Approved
Projects $ 75,000 $75,000 $ - $ - $ - $ - 3 Park Development (Quimby Fund 216) 1 Construction PW1632 Buildings Community Center Coiling Wall & Seismic Analysis
Repair coiling wall at Community Center Main Hall - Seismic Analysis
CC Previously Approved
Projects $ 1,484,000 $1,484,000 $ - $ - $ - $ - 4 General Fund $145,000 -$ -$ -$ -$ 3 RMRA (SB1) - Fund 288 $161,000 General Fund
1,707,575$ $1,707,575 -$ -$ -$ -$ 1, 2, 3, 4 Load Shed - Fund 246 1,680,494$ $0 -$ -$ -$ -$ 1, 2, 3, 5 Park Development (Quimby) - Fund 216 $1,680,494 -$ -$ -$ -$ 1, 2, 3, 6 DIF: Park & Related Facilities (4942) $322,350 1,200,000$ -$ -$ -$ 1, 2, 4 HSIP - Fund ? $0 -$ -$ -$ -$ 1, 2, 5 DIF Transportation (4945) $877,650 -$ -$ -$ -$ 1, 2, 6 DIF MBK Traffic - Fund 291 $1,865,000 1,865,000$ -$ -$ -$ 1, 2, 3, 4 Measure R, MTA Award in July 21'
$0 Measure M
1 Construction PW1662 Buildings City Hall Renovation (HVAC & Roof) Upgrade hvac & roof at city hall and community center CC Previously Approved Projects 6,612,971$ $350,000 -$ -$ -$ -$ 4 Load Shed - Fund 246 $150,000 -$ -$ -$ -$ 1 DIF Traffic (4941) $350,000 Measure M Grant
500,000$ 1 Construction PW1667 Traffic *Upgrade existing traffic signal - Avalon Bl at Gardena Bl
Traffic Signal Upgrade to include addition of left turn phase on north and south bound direction of Avalon Blvd.
CC Previously Approved
Projects
2,400,000$
1 Construction PW1657 Traffic
*Traffic Signal Upgrades (M312.41 and
M312.46) - Figueroa St at 234th St,
Figueroa St at 223rd St, Figueroa St at
Victoria St/190th St, Main St at 220th
St, Main St at Albertoni St, and Main St
at Victoria St
Traffic Signal Upgrades at 6 Intersections - Figueroa St at 234th St, Figueroa St at 223rd St, Figueroa St at Victoria St/190th St, Main St at 220th St, Main St at Albertoni St, and Main St at Victoria St
Pending MTA's fuding agreement for construction
CC Previously Approved
Projects 3,730,000$
*Athletic Field and walking path
replacement Lighting -LED
Upgrade athletic field lights to central control lighting system and convert the existing lights to LED - All Parks (Construction to began at Calas Park 3/23) CC Previously Approved
Projects
PW16491 Construction Traffic
Traffic Signal Intersection Upgrades -
Avalon Blvd at Victoria, Main St at
Sepulveda, Main St at 223rd St, and
Figueroa St at Torrance Blvd
Traffic Signal Upgrades at 4 Intersections - Avalon Blvd at Victoria, Main St at Sepulveda,Main St and 223rd St, Figueroa St at Torrance Blvd) CC Previously Approved
Projects
1 Construction PW1648 Parks
Del Amo Blvd Rehabilitation - Central
to Wilmington
Del Amo Blvd rehabilitation - Central to Wilmington. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps. CC Previously Approved
Projects 3,500,000$ Roadways1 Construction PW1642 * PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 2
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,500,000 -$ -$ -$ -$ 1, 2, 3, 4 General Fund $0 -$ -$ -$ -$ 1, 2, 3, 5 1 Construction PW1676 Stormwater
City of Carson Stormwater Green
Street Engineering, Design &
Implementation (Gardena & Main
Street)
Compliance to the RWQCB stormwater - Includes engineered systems, permeable pavements & nature-based systems. The goal is to comply with regulations.
CC Previously Approved
Projects $ 3,000,000 $500,000 $ 2,500,000 $ - $ - -$ 1, 2, 3, 4 Measure W - Fund 295 $0 $ - $ - $ - -$ 1, 2 Local: Quimby $0 $ - $ - $ - -$ 1, 2 DIF Utilities & Sustainability (4946) 1 Construction PW1687 Roadways Carson Street Intelligent Transportation System (ITS) Project
Installation of new fiber cables, the installation of 100' conduit gap across Main Street, CCTV cameras, hardware, software, and other elements that improve traffic flow on Carson Street from the 405 Fwy to Figueroa CC Previously Approved
Projects 700,000$ $700,000 -$ -$ -$ -$ 2 Measure M Grant $500,000 500,000$ -$ -$ -$ 1, 4 Measure R - Fund 254 $0 Measure M - Fund 281
1 Construction PW1691 Roadways Avalon Street Rehabilitation Avalon Blvd. Street Rehabilitation from Carson St. to 223rd Street. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects 4,500,000$ $0 4,500,000$ -$ -$ -$ 1, 2, 3, 4 UNFUNDED $1,500,000 -$ -$ -$ -$ 1, 2, 3, 4 SCE Charge Ready $0 -$ -$ -$ -$ 1, 2, 3, 5 DIF Utilities & Sustainability (4946) 1 Construction PW1694 Roadways *Bridge Maint Repair - Various Locations
Maintenance repair on vehicular bridges (20) per recommendation on the inspection report completed by Caltrans and LA County.
CC Previously Approved
Projects 1,778,705$ $1,778,705 -$ -$ -$ -$ 1, 2, 3, 4 General Fund $550,000 -$ -$ -$ -$ 3 DIF: Park & Related Facilities (4942) $1,307,000 -$ -$ -$ -$ 3 General Fund $65,093 -$ -$ -$ -$ 1, 2 DIF Traffic (4941) $1,086,368 Measure R
$2,348,539 Measure M
1,500,000$
1 Construction PW1722 Roadways 213th St Street Improvement (Avalon to Main)
213th St. Improvement from Avalon to Main. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
Maintenance 3,500,000$
1 Construction PW1693 Buildings ****Electric Vehicle Charging Infrastructure
Install 128 EV Chargers in City Parks. At City Hall install EV Charger infrastructure and charging equipment. SCE Charge Ready Program - Assume SCE will cover all infrastructure.
CC Previously Approved
Projects
1 Construction PW1718 Parks **Anderson Park Concrete
Repair
Limited accessibility upgrades compliance. Concrete
reconstruction, asphalt concrete pavement reconstruction, new curbs, steps, and added walkways.
CC Previously Approved
Projects 1,857,000$
$ 20,000
1 Construction PW1688 Roadways
Traffic Signal Synchronization Project
(TSSP) - Avalon Bl from 126th St to
Sepulveda Bl
Traffic signal synchronization at intersection (Total of 21 TSSP) along Avalon Bl from 126th St to Sepulveda Bl
CC Previously Approved
Projects 1,000,000$
1 Construction PW1683 Buildings Park Gym Lighting - Stevenson & Vets Replace gym and office lighting to led fixtures at both gyms (2 at Vets and Stevenson)
CC Previously Approved
Projects
1 Construction PW1674 Parks **Security Cameras Install tamper proof security cameras at parks. Work on broadband requirements. (Johnson Contols)
CC Previously Approved
Projects 7,351,975$
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 3
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $9,000,000 -$ -$ -$ -$ 4 General Fund $1,000,000 DIF: Park & Related Facilities (4942)
1 Construction PW1729 Buildings City Hall Interior Lights Upgrade Remove and Replace existing interior lights and replace with LED.
CC Previously Approved
Projects 150,000$ $150,000 -$ -$ -$ -$ 4 Load Shed - Fund 246 1 Construction PW1730 Buildings EV Chargers at Community Center West Wing
Install EV Charger Level 3 infrastructure and charging equipment at Community Center West Wing
New Project 288,341$ $44,000 -$ -$ -$ -$ 4 DIF Utilities & Sustainability (4946) 1 Construction PW1731 Buildings EOC/Basement Renovations Modify CY facility to accommodate for all upgrades required CC Previously Approved Projects 6,506,000$ $6,506,000 4 Geneal Fund
1 Construction PW1763 Roadways Citywide Slurry Seal Citywide Slurry Seal Project CC Previously Approved Projects 3,500,000$ $418,155 -$ -$ -$ -$ 1, 2, 3, 4 ARPA - Fund 299 1 Construction PW1773 Roadways CATCP
CARSON ACTIVE TRANSPORTATION AND COMMUNITY CONNECTIVITY PLAN (CATCP) Transportation studies and planning work to develop the CAT-CP to bring safety and connectivity to the disadvantaged communities of Carson.
New Project
405,000$ $301,344 -$ -$ -$ -$
1, 2, 3, 4 Grant SB-1
1 Construction PW1784 Roadways Traffic Signal Modification Traffic Signal modification at Central Avenue and University Drive: Install left turn arrows on all approaches at the intersection of Central Avenue and University Drive.
New Project - Unapproved
600,000$ $600,000 -$ -$ -$ -$ DIF Transportation (4945) 1 Construction PW1786 Buildings City Hall Bathroom and
Kitchenette Renovations
Renovating all City Hall restrooms and upgrading to current Americans with Disabilities Act standards and applicable California Building Codes.
CC Previously Approved
Projects 1,697,000$ $1,697,000 -$ -$ -$ -$
4 General Fund
1 Construction PW1787 Buildings CH Lobby Carpet Replacement Replacing the carpet and base of the 2nd floor of city hall, 1st floor lobby, and stair access corridor adjacent to the City Clerks office. The project also includes resurfacing the concrete bands throughout the 1st floor.
New Project - Unapproved
150,000$ $150,000 -$
-$
4 DIF Gov Facilities (4944)
1 Construction PW1790 Buildings
Community Center Lighting and AV
Equipmeny Upgrade
Upgrade existing lighting and AV equipment at Community Center Main Hall. New Project - Unapproved 1,200,000$ $0 1,200,000$ 4 UNFUNDED- HIGH Priorty 1 Construction PW1794 Buildings Council Chambers AV & Lighting Upgrade AV & Ligting equipment in the Council Chambers New Project 600,000$ $600,000 PEG $183,859 OGALS
$2,189,854 General Fund
10,000,000$ 1 Construction PW1726 Buildings Community Center Courtyard (West) & Community Center East Parking Lot
Redesign/Upgrade Courtyard area. Outdoor entertainment - Although used occasionally by the public, the West courtyard and garden area of the Community Center it is not optimized for reservations in private events. The project proposes redesigning to include a raised Amphitheatre stage, large shade sales , open grass and concrete seating areas , and enclosed fenced perimeter to accommodate private rentals. Additional lighting , sound , and landscape amenities will also be included. Redesign Parking lot island in front of East entrance - With the addition of a mobile stage for large scale citywide special events come on the east parking lot of the Community Center is in need of modification to allow for easy set up and orientation of the stage to accommodate better visibility and access by the community.
Parking lot adjustments will include the full or partial elimination of a single parking lot planter and associated landscape adjustments. The resulting design will allow for the stage to be erected at the east entrance of the Community Center with the stage facing toward the east.
New Project
1 Construction PW1795
Parks
Mills Park Rec Center
Renovation
Upgrades and Improvements to the Recreation Center at Mills Park New Project
3,000,000$
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 4
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $552,333 $ 4,704,667 $ - $ - -$ 1, 2, 3, 4 Metro $403,000 $ 806,000 HSIP
$134,400 $ 644,500 $ - $ - -$ 1, 2, 3, 4 DIF Transportation (4945) $0 $ 510,100 DIF Traffic (4941) $0 $ - $ - $ - -$ 1, 2, 3, 4 General Fund, Local Match $148,800 $594,667 $ 4,789,333 $ - $ - -$ 1, 2, 3, 4 Metro $376,333 $ 752,667 HSIP
$125,600 $ 631,900 $ - $ - -$ 1, 2, 3, 4 DIF Traffic (4941) $0 $ 507,500 DIF Transportation (4945) $0 $ - $ - $ - -$ 1, 2, 3, 4 General Fund, Local Match $139,100; $939,464 $ - $ - $ - -$ 3, 4 MTA Grant $0 $ - $ - $ - -$ 3, 4 TDA Article 3;) $0 $ - $ - $ - -$ 3, 4 DIF Transportation (4945) $0 $ 8,060,536 $ - $ - -$ 3, 4 General Fund 2 Design PW1534 Bikeways Active Transporation Program - Santa Fe Bike Lane
Design and construction 1.5 mile bike lane along Santa Fe Ave between Del Amo Bl and Warnock Wy (Metro Funded) Upgrade of curb ramps citywide.
CC Previously Approved
Projects 3,451,000$ $300,000 3,151,000$ -$ -$ -$ 3 ATP Cycle 6 $334,527 -$ -$ -$ -$ 1 MTA Call for Projects, PROP A, Measure
M, Net Toll Revenue; ; DIF MBK Traffic or
Shuttle
$189,791 DIF Traffic (4941)
$1,069,486 $ - $ - $ - -$ 1, 4 MTA Grant $0 $ - $ - $ - -$ 1, 5 TDA Article 3 $0 $ - $ - $ - -$ 1, 6 DIF Transportation (4945) 524,318$
2 Design PW1600 Bikeways Dominguez Channel Bike Path II Bike path installation along Dominguez Channel from Avalon to Carson St CC Previously Approved
Projects $ 5,500,000
2 Design PW1536 Roadways Rapid Bus Priority System
Purchase and installation of bus shelters to improve the bus stops at 10 locations along Avalon Blvd and along Victoria Street within the vicinity of the Dignity Health Sports Park and CSUDH campus. The improvement involves covered bus shelters that are illuminated by solar powered batteries, installation of bike racks, repairs of adjacent sidewalks, and wayfinding signage. CC Previously Approved
Projects
$ 7,778,000
2 Design PW1490 Bikeways Dominguez Channel Bike Path I
Bike path installation along Dominguez Channel from Main St to Avalon Blvd.
Its construction also includes the bridge over the ravine to continue the alignment to Avalon Boulevard
CC Previously Approved
Projects $ 9,000,000
2 Design PW1452 Bikeways
Bike Lane Installation - 223rd St,
Avalon Bl, Central Ave, Del Amo Bl,
and University Dr
Design and construction of bike lanes on 223rd St, Avalon Bl, Central Ave, Del Amo Bl, and University Dr including median modification to accommodate bike lane buffer zone
CC Previously Approved
Projects
2 Design PW1451B Bikeways Bike Lane Installation - Carson St, Figueroa, Main St, and Victoria St
Design and construction of 14.6 mile bike lanes on Carson St, Figueroa, Main St, and Victoria St, including median modification to accommodate bike lane buffer zone
CC Previously Approved
Projects $ 7,755,000
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 5
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $0 $ 4,430,514 $ - $ - -$ 1, 7 General Fund 2 Design PW1608 Roadways MLK Blvd Improvements
Reconstruction of Martin Luther King Blvd. The project includes removal and replacement of existing native soil and aggregate base to reconstruct roadway section per current City Standard.
CC Previously Approved
Projects 10,000,000$ $0 10,000,000$ -$ -$ -$ 1 UNFUNDED $100,000 500,000$ -$ -$ -$ 1 Measure R Grant $0 -$ -$ -$ -$ 1 DIF Transportation (4945) 2 Design PW1613 Traffic Traffic Signal Installation - Main St at Lenardo Dr
Traffic signal installation at intersection - Main St and Lenardo Dr CC Previously Approved Projects $ 400,000 $400,000 $ - $ - $ - -$ 1, 2 Measure MR-MM Bonds - Fund 256 2 Design PW1615 Traffic Traffic Signal Installation - Lenardo Dr at Stamps Dr
Traffic signal installation at intersection - Lenardo Dr and Stamps Dr CC Previously Approved Projects $ 600,000 $0 $ - $ - $ - -$ 1 Measure MR-MM Bonds - Fund 256 2 Design PW1616 Traffic Traffic Signal Installation-3 Driveways - Lenardo Dr at FOLA Driveways
Traffic signal installation at intersection - Lenardo Dr and FOLA Driveways CC Previously Approved Projects $ 1,500,000 $0 $ - $ - $ - -$ 1 Measure MR-MM Bonds and/or DIF Transportation (4945)
2 Design PW1617 Roadways Lenardo Drive Construction of new roadway to serve the 157 acre site development CC Previously Approved Projects 19,000,000$ $5,000,000 14,000,000$ -$ -$ -$ 1 Measure MR-MM Bonds - Fund 256 $0 $ 2,200,000 $ - $ - -$ 2, 4 Measure R $0 $ - $ - $ - -$ 2, 4 Measure M 2 Design PW1620 Roadways Lomita Blvd-Street Improvement - Figueroa to Avalon
Lomita Blvd - The project includes pavement rehabilitationilitaion, tree removal and replacement, and concrete reconstruction. (Combine PW1620, 1393-5, 1411-5)
CC Previously Approved
Projects $0 $ - $ - $ - -$ 2, 4 DIF Traffic (4941) 2 Design PW1624 Roadways Figueroa Street Improvement -
Torrance to 223rd
Figueroa Street Improvement - Torrance to 223rd. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects 2,000,000$ $0 2,000,000$ -$ -$ -$ 2 Measure M and/or R $4,020,400 -$ -$ -$ -$ 3 OGALS $0 DIF: Park & Related Facilities
(4942)
$0 Park Development (Quimby Fund
216)
$0 1,019,181$ -$ -$ -$ 1, 2, Measure R - Fund 254 $0 740,819$ DIF Transportation (4945) 3,445,254$
2 Design PW1647 Roadways
I-110 Freeway Arterial Improvements -
Figueroa St at Del Amo Blvd, Figueroa
St at I-110 NB Ramps, Figueroa St at I-
110 SB Ramps, Main St at I-405 SB On
Ramp, Main St at I-405 SB Off Ramp,
and Hamilton Ave at Del Amo Blvd
Traffic signal system improvement on the arterial roadways along the east and west side of the i-110 corridor at 6 Intersections - Figueroa St at Del Amo Blvd, Figueroa St at I-110 NB Ramps, Figueroa St at I-110 SB Ramps, Main St at I-405 SB On Ramp, Main St at I-405 SB Off Ramp, and Hamilton Ave at Del Amo Blvd
Pending MTA's approval for scope change and time extension CC Previously Approved
Projects 3,520,000$
2 Design PW1636 Parks **Mills Park Renovations
Install new shade structure over picnic shelters and outdoor exercise equipment, Construct Unisex restrooms (pre-fabrication) for public use, monument sign, wading pool demo - Per Capita Grant
CC Previously Approved
Projects
600,000$
2 Design PW1620 Roadways Lomita Blvd-Street Improvement - Figueroa to Avalon
Lomita Blvd - The project includes pavement rehabilitationilitaion, tree removal and replacement, and concrete reconstruction. (Combine PW1620, 1393-5, 1411-5) CC Previously Approved
Projects $ 2,200,000
2 Design PW1612 Traffic *Traffic Signal Installation- Broadway and Griffith
Traffic signal installation at Broadway and Griffith
CC Previously Approved
Projects
2 Design PW1600 Bikeways Dominguez Channel Bike Path II Bike path installation along Dominguez Channel from Avalon to Carson St CC Previously Approved
Projects $ 5,500,000
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 6
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $0 1,760,000$ Metro Expresslane NetToll Revenue Grant 2 Design PW1671 Parks **Dolphin Park Electrical Panel
Upgrade - design and Construction
Replace and upgrade electrical panels and lighting control for field lights. (Combined PW1671 & PW1630)
CC Previously Approved
Projects $ 100,000 $0 $ - $ - $ - -$ 3 Park Development (Quimby) - Fund 216 2 Design PW1681 Parks Pool Building Shelter Cover Provide covering over open slots in the locker rooms to prevent debries and water from entering (Carson & Foisia pool)
CC Previously Approved
Projects 50,000$ $0 50,000$ -$ -$ -$ 1, 4 Local: Quimby 2 Design PW1682 Stormwater Stormwater Master and
Implementation Plan
Create a comprehensive Stormwater Implementation Plan to inform strategic stormwater capital planning, maintenance, operations, and program management in the City. The plan must consolidate municipal stormwater quality compliance; targeted drainage and flood improvements; operations, maintenance, and non-structural program management; and financial strategy (government grants, regional programs and partnerships, City funds if required, General Fund and Safe, Clean Water Program) into one guiding program.
CC Previously Approved
Projects 1,364,143$ $165,000 -$ -$ -$ -$ 0 Measure W - Fund 295 2 Design PW1684 Parks Wading Pool Demo Demolition of wading pools at Anderson, Calas, Veterans CC Previously Approved Projects 100,000$ $100,000 -$ -$ -$ -$ 2, 3 Local: Quimby, County Pk, DIF $0 $ - $ - $ - -$ 1 DIF: Park & Related Facilities (4942) Park Development (Quimby Fund 216)
$0 DIF: Park & Related Facilities (4942)
$0 $ 1,000,000 $ - $ - -$ 1 Park Development (Quimby Fund 216) 2 Design PW1710 Roadways Walnut St rehabilitation (Avalon to Central)
Walnut St rehabilitation from Avalon to Central. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects 3,900,000$ $0 3,900,000$ -$ -$ -$ 1 RMRA (SB1) - Fund 288 2 Design PW1715 Roadways Medians Plan: Construct &
Relandscape Center Medians
Replace and install all new landscape at the center medians located through out the city with drought tolerant plants.
CC Previously Approved
Projects, Grants-Eligible $ 1,500,000 $400,000 $ 1,000,000 $ - $ - -$ 1, 2, 3, 4 DIF Administration (4940) 2 Design PW1723 Buildings International Scuplture Garden City Council request, the existing statue of Jose Rizal is the first of potentially several historical leaders to be memorialized in the international sculpture garden. Staff recommendation is to congregate all sculptures in an accessible area adjacent to the Community Center and outside of the footprint of the proposed Teen/Innovation Center.
New Project 200,000$ $0 -$ -$ -$ -$ 4 UNFUNDED 2 Design PW1732 Parks Solar @ Vets Park Microgrid-Solar panels and Battery Storage Systems at SportsComplex Parking Lot and some areas of roofing. New Project 2,000,000$ $2,000,000 2,000,000$ -$ -$ -$ 2 Fed Gov't Appropriation from HUD
Grant# B-23-CP-0CA-0076
2 Design PW1738 Technology WiFi in Parks Expand WiFi throughout the parks to have accessibility on fields, parking lots, courts, etc.
CC Previously Approved
Projects 350,000$ $350,000 -$ -$ -$ -$ 1, 2, 3, 4 ARPA - Fund 299 $300,000 3,700,000$ -$ -$ -$ 1 DIF Gov Facilities (4944) $0 DIF Gov Facilities (4944)
2 Design PW1749 Buildings EV Bus Chargers Installation of EV bus chargers with electrical conduits and potential transformer
CC Previously Approved
Projects 250,000$ $250,000 -$ -$ -$ -$ 1 Maybe loadshed or Prop C; DIF Utilities & Sustainability (4946)
$ 1,000,000
2 Design PW1748 Buildings
Corporate Yard Energy Efficient &
Other Improvements - Evaluate and
construct, if viable
•Optimize equipment layout and parking space
•Wall and roof repair and insulation at main corporate yard building •Driveway at 18601 S. Main St for alternate Corporate Yard exit •Wash station and compliance requirements
•Covered parking, Fire Suppression system at Warehouse and Community Services
CC Previously Approved
Projects 4,000,000$
2 Design PW1707 Parks Stevenson Park Picnic Shelters Installation of New Picnic Shelters (Combine PW1707 & PW1706) CC Previously Approved Projects
2 Design PW1706 Parks Stevenson Park Bungalow Removal Removal of bungalow "North End" (Combine PW1706 & PW1707) CC Previously Approved Projects
2 Design PW1647 Roadways
I-110 Freeway Arterial Improvements -
Figueroa St at Del Amo Blvd, Figueroa
St at I-110 NB Ramps, Figueroa St at I-
110 SB Ramps, Main St at I-405 SB On
Ramp, Main St at I-405 SB Off Ramp,
and Hamilton Ave at Del Amo Blvd
Traffic signal system improvement on the arterial roadways along the east and west side of the i-110 corridor at 6 Intersections - Figueroa St at Del Amo Blvd, Figueroa St at I-110 NB Ramps, Figueroa St at I-110 SB Ramps, Main St at I-405 SB On Ramp, Main St at I-405 SB Off Ramp, and Hamilton Ave at Del Amo Blvd
Pending MTA's approval for scope change and time extension CC Previously Approved
Projects 3,520,000$
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 7
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $1,000,000 1,559,000$ -$ -$ -$ 1, 3 Surface Transporation Program Local (STPL) $2.7M from STPL
$1,816,000 -$ DIF Traffic (4941) $0 Measure R
$0 Measure M
2 Design PW1758 Roadways Main Street - 228th St to Carson Street Main St. (0.9 miles) Grind and overlay from 228th St. to Carson St. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
New Project 4,000,000$ $0 -$ 1,350,000$ -$ -$ 2, 4 RMRA (SB1) - Fund 288 $800,000 -$ -$ -$ -$ 3 Measure R Measure M
2 Design PW1776
Stormwater
Calas Park Stormwater Infiltration and
Water Quality Improvements
Supplemental Environment Project (SEP)
New Project
6,000,000$ $500,000 5,500,000$ -$ -$ -$
3 LA County Sanitation Districts
2 Design PW1780 Roadways Victoria Street Transit Center Construction of a new transit center adjacent to CSUDH New Project - Unapproved 3,250,000$ $0 3,250,000$ -$ -$ -$ 1 Metro Grant 2 Design PW1783 Stormwater Delford Culvert Replacement Reconstruct the culvert between Delford Avenue and 226th Place. New Project - Unapproved 294,470$ $0 -$ -$ -$ -$ General Fund 2 Design PW1785 Bikeways Carson Bicycle Master Plan
Carson's Master Bicycle Plan will serve as an informative guide when developing a framework that improves the city's physical bicycle system and reduces transportation inequities. With 18.7 sq miles of grid street networks (including California State University, Dominguez Hills), connecting Carson’s communities can enable widespread mode shifts to bicycling.
New Project - Unapproved
897,000$ $897,000
-$ ATP Cycle 6
2 Design PW1788 Stormwater Del Amo Park Drainage Evaluate draining for northern portion of del amo park. And prepare PS&E for basketball courts and problematic areas. 3,000,000$ $150,000 3,000,000$ -$ Gen-Fun On-call 3 Maintenance PW1396 Roadways Dominguez Street Roadway
Reconstruction
Dominguez Street from Wilmington to Alameda. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
CC Previously Approved
Projects $ 3,120,000 $0 $ - $ - $ - -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1413-5 Roadways Annual Slurry Seal & Crack Seal Program (Preventative Maintenance)
Annual preventative maintenace using a rubberized slurry seal on city streets - New Project $ 900,000 $0 $ - $ - $ 900,000 -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1426 Roadways *Citywide Park Slurry Seal Parking Lot, Green Streets & Sustainability
Preventative maintenance for parking lot at all City Parks (12 @$85k) New Project /Funded Const. $ 1,020,000 $0 $ - $ 1,020,000 $ - -$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1484 Parks Dugout Cover Installation at 9 Parks Repair and or replace dugout roof material (Calas, Carriage Crest, Del Amo, Dolphin, Dominguez, Foisia, Hemingway, Stevenson, Veterans) 26 total CC Previously Approved
Projects 75,000$ $0 75,000$ -$ -$ -$ 1, 2, 3, 4 Local: Quimby 3 Maintenance PW1639 Parks Veterans Park Office & Meeting Room & Kitchen Refurbishment
Replace counters, counter tops, cabinets and plumbing fixtures, flooring in Activity rooms and office and remodel Kitchen with new
floor/cabinets/appliances
CC Previously Approved
Projects 200,000$ $0 200,000$ -$ -$ -$ 2 Local: Quimby, County Pk 3 Maintenance PW1673 Parks **Pool Slides Replacement at Dominguez Park and Hemingway Park
Replace and install new pool slides for Dominguez Pool and Hemingway Pool CC Previously Approved Projects 900,000$ $0 450,000$ 450,000$ -$ -$ 1, 3 Local: Quimby, County Pk DIF: Park &
Related Facilities (4942), Park
Development (Quimby Fund 216)
$207,500 $207,500 $207,500 $207,500 -$ 2 Safe Clean Water $207,500 , General Fund 1:1 Match $207,500 $ 1,037,500 3 Maintenance PW1692 Stormwater *Carson Stormwater & Runoff Project (O&M Carriage Crest Park)
Operation & Maintenance of stormwater capture facility at Carriage Crest Park. Safe clean water program requirements CC Previously Approved Projects
4,375,000$
2 Design PW1775 Roadways 213th St. Street Lights Chico to Wilmington New Project 800,000$ 2 Design PW1753 Roadways University Drive Rehabilitation - Avalon Blvd to Wilmington Ave
University Dr. Rehabilitation (1.8 miles) from Avalon to Wilmington Ave. The project includes removal and replacement of asphalt pavement section and base, grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
New Project
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 8
CAPITAL IMPROVEMENT PROJECTS
PHASE PROJ # TYPE PROJECT NAME DESCRIPTION CIP Funding Source Total Project Budget FY24-25 Budget FY25-26 Estimate FY26-27 Estimate FY 27-28 Estimate FY28-29 Estimate District Funding Source $207,500 $207,500 $207,500 $207,500 General Fund 1:1 Match $207,500 3 Maintenance PW1699 Buildings Community Center Upgrades - Dominguez Halls and Kitchen
Upgrades to facility kitchen and halls (Dominguez Halls) at community center (Later to avoid construction conflicts w/ coiling wall) CC Previously Approved
Projects 1,870,000$ $0 1,870,000$ -$ -$ -$ 4 UNFUNDED 3 Maintenance PW1712 Buildings Park Facility HVAC Installation Design and Construct - $750k per Gymnasium and Facility Maintenance 7,500,000$ $0 2,000,000$ 2,000,000$ 2,000,000$ 1,500,000$ 1, 2, 3, 4 UNFUNDED 3 Maintenance PW1754 Roadways Figueroa Street - Torrance to Victoria Figueroa St. (2.3 miles) Grind and overlay from Torrance to Victoria. The project includes asphalt pavement grind and overlay, local removal and replacement of roadway section. It also includes concrete reconstruction, tree removal and replacement, repair of damage sidewalk, driveway approaches, curbs and gutter, access ramps.
New Project 6,540,000$ $0 650,000$ 5,890,000$ -$ -$ 1, 2 UNFUNDED 3 Maintenance PW1791 Roadways Street Repair Citywide Street Repair Maintenance 32,000,000$ $15,000,000 -$ FUNDED -CIP-GENFUN $116,402,392 $112,880,100 $11,125,000 $3,315,000 $1,500,000 $ 1,037,500 3 Maintenance PW1692 Stormwater *Carson Stormwater & Runoff Project (O&M Carriage Crest Park)
Operation & Maintenance of stormwater capture facility at Carriage Crest Park. Safe clean water program requirements CC Previously Approved Projects
* PW Priority
** CS Priority
**** Front Loaded Project 9/10/2024 10:27 AM Page 9
CITY OF CARSON
File #: Version:
Report to Honorable Mayor and City Council
Tuesday, December 3, 2024, 5:00 PM
CONSENT 19. To: Honorable Mayor and City Council From: Toni Carter, Housing Specialist CMO Housing & Neighborhood Subject: CONSIDERATION OF ADOPTION OF REVISED NEIGHBORHOOD PRIDE PROGRAMGUIDELINES (CITY COUNCIL) I. SUMMARY
The current Neighborhood Pride Program (NPP) guidelines were adopted by the City Council on October 15, 2024 which addressed 2 items discussed during the recent HUD Monitoring in August 2024. After receipt of the final HUD Monitoring report, Staff is requesting the City Council approve additional language to address the finding and remain in compliance with HUD.
II. RECOMMENDATION
1. APPROVE the modified Neighborhood Pride Program guidelines.
2. AUTHORIZE the City Manager to respond and sign the attached draft letter.
III. ALTERNATIVES
TAKE another action the City Council deems necessary consistent with applicable laws.
IV. BACKGROUND
In August 2024, the Housing Division staff participated in the US Department of Housing and Urban Development (HUD) Monitoring. The review scope encompassed the City of Carson's PY2021 and PY2022 CDBG grants that funded 5 IDIS (Integrated Disbursement and Information System) activities. The CDBG program is administered through the City's Housing Division Neighborhood Pride Program (NPP). The activities selected for review were part of the NPP program and selected due to their high funding level and program complexity, and represent a 26% sample of the City's homeowner rehabilitation projects, which serve low-and moderate income families.
The areas reviewed included: Rehabilitation Activities, Flood Insurance Protection, Lead-Based Paint, Labor Standards Administration and Environmental Review.
FINDING-As a result of the monitoring, it was found that City procedures and project files did not sufficiently address requirements related to completing the request for release of funds or documenting the Authority to Use Grant Funds form to be received from HUD. Based on this monitoring review, it was determined that the City was not in compliance with this area.
701 East Carson Street
CONDITION- The City was unable to provide a copy of its Request for Release of Funds (RROF) or its Authority to Use Grant Funds (AUGF) from HUD for its homeowner rehabilitation program. While the City was unable to provide its RROF or AUGF for the activities reviewed, HUD was able to verify within its own records that the City submitted an RROF and that HUD sent the City an AUGF for its single family rehabilitation program. However, it is the City's responsibility to maintain both documents.
CRITERIA- 24 CFR 570.506 states that each recipient shall establish and maintain sufficient records to determine whether the recipients maintain sufficient records to determine whether the recipient has met the requirements of this part. 24 CFR 570.506(J) requires that recipients maintain records in accordance with other applicable laws and regulations set forth in subpart K. Subpart K includes 24 CFR 570.604 which covers environmental standards at 24 CFR Part 58 and the citations noted below.
An environmental review must must be performed before any funds, regardless of source, are committed to a project. 24 CFR 58.70 states that the NOI/RROF must be disseminated and/or published in the manner prescribed by 24 CFR 58.43 and 24 CFR 58.45 before the certification is signed by the responsible entity.
Documentation of the environmental review should be maintained in the environmental review record. This record contains the description of all activities that are part of the project and an evaluation of the effects of the project.
This record should be made available for public review. 24 CFR 58.71- The RROF and certification shall be sent to the appropriate HUD Field Office and the request shall be executed by the Certifying Officer. The request shall describe the specific project and activities covered by the request and contain the certification required under the applicable statue cited in 24 CFR 58.1(b). The RROF and certification must be in a form specified by HUD.
CAUSE- The City's procedures did not sufficiently describe what must be done to complete a RROF or to document that it completed a RROF. In addition, the procedures do not identify from HUD 7015.16 as being part of the environmental review process for the single family rehabilitation program.
EFFECT- If the City cannot document that it is in compliance with environmental review requirements, HUD could request repayment for funds drawn for any activity for which the City cannot provide proof of its compliance.
CORRECTIVE ACTION- To address the deficiency, the City is requested to Revise and submit to HUD, policies and procedures that ensure the City follows the requirements described in the criteria of this finding.
The revised Neighborhood Pride Program guidelines will address this deficiency to ensure the City follows the requirements described.
V. FISCAL IMPACT
NONE
VI. EXHIBITS
1. EXHIBIT NO. 1- (DRAFT) Neighborhood Pride Program guidelines
2. EXHIBIT NO. 2- HUD MONITORING REPORT
3. EXHIBIT NO. 3-(DRAFT) Response letter to HUD from City of Carson
Attachments
NPP guidelines 11 20 24 HUD Monitoring draft.pdf
2024 CDBG Monitoring Report Signed 9-30-24 (003).pdf
2024 HUD Repsonse draft.pdf
Modified Revision: 09/17/2024
Final Guidelines Approval Date: 02/20/24
Administrative Revisions 08/22/24
CITY OF CARSON
Neighborhood Pride Program
Guidelines and
Implementation Procedures
Serving the City of Carson
Neighborhood Pride Program
GUIDELINES AND IMPLEMENTATION PROCEDURES
TABLE OF CONTENTS
I. INTRODUCTION 1
II. PROGRAM DESCRIPTION 1-2
III. APPLICATON PHASE 2-10
A. PROGRAM MARKETING 2-3
B. INTEREST LIST 3
C. APPLICATION REVIEW AND APPROVAL PROCEDURE 3-4
D. PROGRAM ELIGIBILITY 4
1. Applicant Eligibility 4
2. Determination of Income 4
3. Property Eligibility Requirements 4
E. DETERMINATION OF PROGRAM ASSISTANCE LEVEL PER UNIT 5
1. Minimum and Maximum Loan 5
2. Condition of the Property 5
3. Loan Underwriting Standards and Assistance Level 5
4. Property Inspection Procedures 5
5. Work Description 5
6. Lead-Based Paint Evaluation and Requirements for Pre-1978 Units 5-6
7. Cost Estimating 6
8. Asbestos Testing and Abatement 6
F. Emergency Conditions 6-7
G. Application Timeline 7-10
IV. ELIGIBILITY CRITERIA – SINGLE-FAMILY and MOBILE HOME 10-11 A. SINGLE-FAMILY APPLICANT 10
1. Eligible Applicant 10
2. Eligible Household Income 10-11
3. Eligible Improvements 11-12
4. Eligible Costs 12
5. Relocation 12
6. Loan Conditions, Rates and Terms 13
7. Loan Subordination 13
8. Loan Repayments 13
V. REHABILITATION STANDARDS 14-17
A. BASIC REHABILITATION STANDARDS 14
1. Life Threatening or Safety Repairs 14
2. Health and Safety Hazards 14-15
B. STANDARDS FOR REHABILITATION OF HISTORIC PROPERTIES 15 C. EXAMPLES OF ELIGIBLE REHABILITATION COSTS 15-16
D. PROPERTY STANDARDS 16-17
1. Minimum Standards 16
2. Incipient Deficiencies 17
E. CONTRACTOR LIST AND QUALIFICATIONS 17
VI. PRE-CONSTRUCTION PHASE 17-20
A. LOAN UNDERWRITING 18
B. WORK DESCRIPTION AND BID PROPOSAL FORM 18
1. Initial Inspection by Program Inspector 18
2. Environmental Process 18
3. Rehabilitation Feasibility 18-19
4. Work Description Objectives 19
5. Developing the Work Description 19
Neighborhood Pride Program
6. Inspecting the Property 19
7. Obtaining Homeowner Input 19-20
8. Work Priority/Phasing 20
9. Drafting the Specifications 20
10. Completing the Work Description 20
11. Review by the Homeowner 20
C. DETERMINING COST REASONABLENESS 20
D. LOAN REVIEW COMMITTEE (RSC) 20-21
E. OWNER PROCUREMENT 21
F. IMPROVEMENT AGREEMENT 21
G. LOAN DOCUMENTS 21-22
H. RECORDATION OF THE DEED OF TRUST & REQUEST FOR NOTICE 22 I. PRE-CONSTRUCTION MEETING 22-23
J. CONSTRUCTION CONTRACT 23
K. RECORDS 23
VII. CONSTRUCTION MANAGEMENT 23-26
A. ISSUANCE OF THE NOTICE TO PROCEED 23
B. FINANCIAL MANAGEMENT 23
C. PROGRESS REVIEWS AND RELEASE OF FUNDS 23-24
D. PERFORMANCE SCHEDULE 24
E. DISBURSEMENT OF FUNDS 24-25
F. CHANGE ORDERS 25
G. DELAYS 25-26
H. DISPUTES 26
VIII. COMPLETION AND FINAL PAYMENT 26-27
IX. POST CONSTRUCTION 28
A. REQUIRED RECORDKEEPING AND FILES 28
B. PROJECT MATRIX (NEW DATABASE) 28-29
C. LOAN DATABASE 29
D. LOAN PAYOFFS 29
E. RESPONDING TO A REQUEST FOR DEMAND 29
F. RECONVEYING TRUST DEED OR MOBILEHOME TITLE & REGISTRATION 29-30 G. RESPONDING TO A REQUEST FOR DEMAND 30
H. SUBORDINATION 30-31
I. CHARGE OFFS 31
J. CLOSING THE LOAN FILE 31
K. PROGRAM GUIDELINES CHANGES AND MODIFICATIONS 31
Neighborhood Pride Program
1 Guidelines and Implementation Procedures
September 2024
I. INTRODUCTION
Mission Statement
The City of Carson (City) Neighborhood Pride Program (NPP or Program) is designed to promote well-maintained and safe residential communities through the use of U.S. Department of Housing and Urban Development (HUD) funded loans and grants for low and moderate-income eligible households.
Program Summary
The Neighborhood Pride Program is designed to assist low- and moderate-income owners of single-family detached, and mobile home dwellings with the preservation of decent safe and sanitary housing. The NPP corrects hazardous structural conditions, makes improvements considered necessary to eliminate blight, promotes the construction of healthy, sustainable and resource-efficient housing, improves disabled access, and corrects building, and health and safety code violations.
Program funds may be used to complete required and approved housing rehabilitation construction repair activities and addressing lead-based paint hazards and is inclusive of all CDBG eligible project-related soft costs, including but not limited to hazardous materials testing fees, title fees, and document recordation fees.
The City of Carson under the direction of the City Manager’s staff or their designees (Staff) shall administer the NPP Program. As used herein, the term “Staff” may include either employees or consultants of the City of Carson under the direction of the City Manager’s Office. The administration of the NPP including, without limitation, application evaluation procedures, rehabilitation assessments, cost estimation, bid solicitation, contractor selection, construction management, inspection, disbursement of Program funds and processing of the Notice of Completion will be managed in accordance with these approved Guidelines.
The City Manager or his/her designee shall be responsible for ensuring that the NPP Implementation Guidelines are maintained and updated periodically to ensure compliance with all U.S. Department of Housing and Urban Development policies and regulations. The Implementation Guidelines shall conform to these approved Guidelines.
Equal Opportunity
Applicants will not be discriminated against on the basis of race, color, religion, sex, sexual orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap or disability, or any other arbitrary basis. In addition, applicants may not discriminate in the use, occupancy, and awarding of contracts with respect to the property to be rehabilitated with the assistance of an NPP grant and/or loan.
II. PROGRAM DESCRIPTION
NPP projects are funded from the City’s annual allocation of CDBG funds. The City of Carson receives CDBG funds from HUD as authorized under Title 1 of the Housing and Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.-5301 et seq. Funds for the NPP are approved by the City Council each fiscal year as part of the City’s Annual HUD Action Plan process and in conjunction with the City’s annual budgeting process.
Neighborhood Pride Program
2 Guidelines and Implementation Procedures
September 2024
The program can provide a program grant or loan to eligible households whose incomes do not exceed the 80% of Area Median Income adjusted for household size as promulgated by HUD.
A program grant may not exceed $30,000 for single family detached residential properties; and may not exceed $20,000 for mobile homes. Amounts over the grant or loan amount needed to complete non-health and safety issues must be paid by the homeowner and must deposit a cashier’s check to the City’s Treasurer’s Department. All program grants and loans shall be approved by the RSC. The City Manager or his/her designee has authority to increase 20% ($36,000) for single family homes or grant amount for mobile homes by 20% ($24,000). The authority can only be exercised when the City Manager or his/her designee determines that substantial repairs unforeseen at the time of the initial inspection make the expenditures necessary (additional necessary repairs are discovered during construction). If the estimate to make the repairs exceeds the said limits, other non-health and safety repairs must be eliminated.
If this elimination is determined to be not possible, the City Manager is authorized to increase the limit by a maximum of $5,000.00. Repairs over this amount will be required to be paid by the homeowners. When exceeding the initial limits, non-health and safety repairs need to be paid by the homeowner by depositing the funds with the City of Carson Treasurer’s Department.
The program provides deferred loans at three per cent (3%) interest, which will be made available to eligible households whose incomes do not exceed 80% of the Area Median Income adjusted for household size as promulgated by HUD (24 CFR 91.5). Program loans may not exceed $30,000. exceptions can be made when the cost of repairs exceeds the allocated loan amount of $30,000, in which case the City Manager or his/her designee and/or his designee can recommend additional funding for projects that require substantial repairs that are unforeseen at the time of construction. Any additional funding over the $30,000 allocated amount must be authorized and approved by the City Manager not to exceed $50,000. Any amount over $30,000 must meet health and safety need as determined by City Manager or his/her designee. Program funds may not be used for refinancing purposes. All program loans shall be underwritten by Staff and approved by the City Manager or his/her designee.
All grants granted will require the Participant’s first mortgage to be current and have current homeowner’s insurance prior to grant approval.
There is a one-time participation for each Participant. In instances where a NPP loan or NPP grant has been provided, and the maximum loan or maximum grant limit has not been utilized, re-application for the balance of the residual program maximum amount is not allowed.
Grants and loans are only available to applicants meeting the criteria specified in this document adopted by the City Council. Program loans will be evidenced by a promissory note and secured by a deed of trust. Program loans may not be in a junior position beyond a second trust deed, unless approved by the City Manager or his/her designee and/or its designees.
All program loan and grant funding is limited and subject to the availability of program funds.
III. APPLICATION PHASE
A. PROGRAM MARKETING
The City will market the NPP to potential applicants through various means, including but not limited to:
1. Advertising through news bulletins, City website, and local publications; Neighborhood Pride Program
3 Guidelines and Implementation Procedures
September 2024
2. Distributing promotional material directly to homeowners that have code violations, flyers and brochures are available for residents.
3. Coordinating public meetings (as necessary) to explain the NPP to potential applicants and other interested persons.
B. INTEREST LIST
In an effort to provide consistent service to Carson residents, Prospective applicants must register through the city’s Neighborhood Pride portal (ci.carson.ca.us) to be placed on the waiting list for participation in the program based on funding availability. Prospective applicants will be added to the current interest list and registered in the order received. All registrations must contain name, property address, telephone number and email, if applicable. The list will remain open year-round beginning November 2024. Due to funding availability prior participants will not be eligible to participate.
As funds become available, applicants will be notified by phone, U.S. mail and/or email with instructions to complete their application on our portal. These applications must be fully completed and include any required documentation. If an applicant needs assistance with completing the online application, they can contact the Housing Division staff to schedule an appointment. The deadline to receive the applications will be 15 days after they are notified.
If the application is not returned by that time, reasonable efforts should be made to contact the prospective applicant. If such efforts fail, the prospective applicant will be removed from the list after 30 days. No further correspondence will be sent.
Staff will review each application for completeness and adherence to guidelines. If items are missing or additional information is needed, the applicant will have 10 business days to submit.
A letter of acceptance or denial will be sent by applicants preferred method of contact.
As funds become available, we will continue to contact applicants on the Neighborhood Pride Interest list. The Interest list will not expire at the end of the fiscal year. Interested parties will continue to be added to the list established in October 2024. If an interested party is contacted and we do not receive a response after 15 days, the name will be removed from the list.
Staff will use the interest list as a mechanism to control the flow of rehabilitation work to ensure efficiency and the timely expenditure of funds. Based on demand, marketing efforts will be increased or decreased to achieve program objectives.
C. APPLICATION REVIEW AND APPROVAL PROCEDURE
The Staff will perform the following tasks:
1. Review application for completeness and for income and owner-occupant eligibility status.
2. If upon review of the application the staff determines the applicant is ineligible, inform the applicant in writing of such determination.
3. If upon review of the application the staff determines the applicant is eligible, NPP Staff will log the application into the program database, enter the eligibility determination date, and set up a six-part classification file to maintain all required documentation.
4. Obtain a property information report from the City’s GIS system or another property information service provided by the City’s title company. This report must include the Assessor’s Parcel Number, square footage, year built, ownership information, flood zone information, transaction history, and other pertinent information used to verify property type, size, age, value, and physical location.
Neighborhood Pride Program
4 Guidelines and Implementation Procedures
September 2024
5. Obtain a Policy of Insurance of Record Title (PIRT) and estimated property valuation information.
6. If the Applicant has received prior CDBG funding for home rehabilitation or repair, the Applicant is not eligible for further funding. For emergency conditions, please see letter (F) “Emergency Conditions”.
D. PROGRAM ELIGIBILITY
To be eligible for assistance, the following conditions must be met:
1. Applicant Eligibility
Applicants must be of legal age. Applicants will be served on a first-come, first-served basis. City Councilmembers, and any employee, official or agent of the City who exercises any policy or program decision-making function in connection with the NPP is ineligible for assistance under the Program. This policy extends for a period of one year beyond an individual’s disassociation with the City of Carson in such capacity.
If the Applicant has received prior federal funding for home rehabilitation or repair, the Applicant is not eligible for further funding. For emergency conditions, please see letter F “Emergency Conditions” above.
2. Determination of Income
All homeowners must certify that they meet the household income eligibility requirements for the applicable HCD program(s) and have their household income documented. The income limits in place at the time of loan approval will apply when determining applicant income eligibility. All applicants must have incomes at or below 80% of the County’s area median income (AMI), adjusted for household size, as published by HUD each year (Attachment C).
The link to the official HUD-maintained income limits for CDBG activities is:
https://www.huduser.gov/portal/datasets/il.html Household: means one or more persons who will occupy a housing unit. Unborn children don’t count in family size determination.
INCOME QUALIFICATION CRITERIA
Projected annual gross income of the applicant household will be used to determine whether they are above or below the published HUD income limits. Income qualification criteria for HUD will be followed to independently determine and certify the household’s annual gross income. Income will be verified by reviewing and documenting tax returns, copies of wage receipts, subsidy checks, bank statements and third-party verification of employment forms sent to employers. All documentation shall be dated within six months prior to loan closing and kept in the applicant file and held in strict confidence.
a. HOUSEHOLD INCOME DETERMINATION:
Household income is the annual gross income of all adult household members that is projected to be received during the coming 12-month period and will be used to determine program eligibility. Refer to Income Inclusions and Exclusions for further guidance to the types of incomes to be included or excluded when calculating gross annual income. For those types of income counted, gross amounts (before any deductions have been taken) are used. Two types of income that are not considered would be income of minors and of live-in aides. Certain other household members living apart from the household also require special consideration. The household’s projected ability to pay must be used, Neighborhood Pride Program
5 Guidelines and Implementation Procedures
September 2024
rather than past earnings, when calculating income.
Annual Income: Generally, the gross amount of income of all adult household members that is anticipated to be received during the coming 12-month period.
b. ASSETS:
There is no asset limitation for participation in the Program. Income from assets is, however, recognized as part of annual income under the Part 5 definition. An asset is a cash or non-cash item that can be converted to cash. The value of necessary items such as furniture and automobiles are not included. (Note: it is the income earned – e.g., interest on a savings account – not the asset value, which is counted in annual income.)
An asset’s cash value is the market value less reasonable expenses required to convert the asset to cash, including: Penalties or fees for converting financial holdings and costs for selling real property. The cash value (rather than the market value) of an item is counted as an asset.
c. Property Eligibility Requirements:
Existing conventional detached owner-occupied residential housing and residential mobile homes, or multi-family low-mod (LMI) household having an income of 80% or less than the area median income, located within the City of Carson corporate city limits, are eligible for assistance. The applicant must be the owner of the property under an officially recorded grant deed or mobile home title and shall furnish appropriate evidence with their application. All taxes, assessments, and insurance premiums currently due or in arrears on the real estate must be paid before loans or grants are made. The applicant property must have sufficient fire insurance as necessary to protect the owner and the City’s interest in the property.
Participant shall be required to maintain owner-occupancy of any property assisted with NPP Grant funds for a minimum period of one year from the date of completion of the repairs as determined by the date of the Notice of Completion, and in conformance with the provisions of the Participation Agreement. In the event that owner-occupancy is not maintained for the minimum one-year period, (if allocated amount is over $30,000 owner- occupancy must be maintained for a three period) all NPP Grant funds expended on behalf.
E. DETERMINATION OF PROGRAM ASSISTANCE LEVEL PER UNIT
The level of program assistance for a particular project depends on two factors: (1) the maximum and minimum assistance limits; and (2) the condition of the property.
1. Minimum and Maximum Loan
The minimum loan is $5,000.00 per eligible property. This minimum is established to offset the administrative costs associated with the implementation of the program. The maximum loan amount is $50,000.00 per eligible property.
2. Condition of the Property
The level of assistance depends largely on the condition of the dwelling that is to be rehabilitated and whether major health and safety conditions are present.
3. Loan Underwriting Standards and Assistance Level
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The amount of loan assistance provided is determined by the amount of housing rehabilitation that is eligible, necessary, and reasonable, and also by the ability of the homeowner to repay the loan.
Loans may not exceed the amount necessary to perform the City and owner-approved rehabilitation work, as determined by the results of the homeowner’s competitive procurement.
4. Property Inspection Procedures
Inspections shall be performed a minimum of three separate times during the rehabilitation process. The initial property inspection takes place following NPP Staff’s determination of applicant and property eligibility to determine rehabilitation needs, obtain photo documentation of site conditions, assist in the preparation of a scope of work, for the purpose of the developing a RSC funding recommendation, developing environmental review determinations, and whether or not hazardous materials testing will be necessary.
The next series of inspections takes place during the construction phase to verify compliance with contract specifications and validate the payment of funds to the contractor.
Upon completion of all work items, NPP Staff and the owner will conduct a final inspection.
5. Work Description
Following the initial inspection, Staff drafts the Work Description and Bid Proposal Form.
This document details the work that will be competitively bid by the owner. The Work Description is a detailed list of specific activities and an estimate of the cost of each activity to be completed. The Work Description’s items are prioritized in order, with code items first and lesser priority improvements listed thereafter. Prior to the owner’s contractor procurement, the Work Description must be approved by the RSC in its function as the screening committee. Following approval, bid packages shall be provided to the homeowner with detailed instructions on how to conduct the procurement.
6. Lead-Based Paint Evaluation and Requirements for Pre-1978 Units
As part of the program application, owners are provided with information regarding the dangers of lead-based paint. Evidence of receipt of this information is maintained in the project file. The lead-based paint requirements can have a significant impact on the final scope of work. When the housing unit in question was built prior to January 1, 1978, the lead-based paint requirements apply. Based on the amount of subsidy provided to the project, different levels of action are required on the part of the City, as shown in the following table:
Loan Amounts <$5,000 $5,000-$25,000 >$25,000-$50,000
Approach to
Lead Hazard
Evaluation and
Reduction
Do no harm Identify and control
lead hazards
Identify and abate
lead hazards
Notification Yes Yes Yes
Neighborhood Pride Program
7 Guidelines and Implementation Procedures
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Lead Hazard
Evaluation
Paint testing of
surfaces to be
disturbed by
rehabilitation
Paint testing of
surfaces to be
disturbed by
rehabilitation
AND
Risk assessment
Paint testing of
surfaces to be
disturbed by
rehabilitation
AND
Risk assessment
Any required lead-based paint inspections (initial and clearance) will be performed by the City’s contracted lead-based paint testing firm. The contractor engaged to encapsulate and/or stabilize lead-based paint will not be paid until evidence of a lead-based paint clearance is provided to the City. Lead-based paint inspection reports and risk assessments (as applicable) will be provided to the owner and made available to contractors as an appendix to the Work Description and Bid Proposal Form.
7. Cost Estimating
The Work Description is the basis for estimating the cost of each work item. In many cases, a work item is derived from a standard specification. Using a tabulation of recent bids as a guideline, prior to the distribution for owner procurement, NPP Staff shall prepare an internal cost estimate for each repair item and the entire project.
8. Asbestos Testing and Abatement
F. EMERGENCY CONDITIONS
In the event that an eligible applicant has an emergency condition on the property that requires immediate attention based on a potential health and safety code such as, utility hazards that require immediate shut off: deteriorated and/or damaged roofs, ADA required improvements, at the request of applicant, the City Manager or his/her designee will consider the provision of accelerated assistance to address the emergency health and safety concerns. An eligible applicant must be within income guidelines and will not have had prior use of federal funds.
Program Inspector will inspect the property to determine the property deficiency and provide an inspection report to the City Manager or his/her designee detailing the need and costs associated with rectifying the immediate health and safety concerns.
The City Manager or his/her designee will review the inspection report and provide a determination regarding the provision of accelerated funding. Any CDBG funding provided under emergency conditions shall address the only the emergency and specific health and safety concerns.
If the applicant has received prior CDBG funding in the form of a grant for home rehabilitation and/or repairs, the applicant is not eligible for grant funds. The applicant is only eligible for a deferred loan and must meet all loan required criteria as stated in section II.
All funding allocations that exceed the grant or loan amount must be approved by the City Manager or his/her designee and/or his designees and any loan in excess of $30,000 must additionally be approved by the City Manager on a case-by-case basis.
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G. APPLICATION PROCESS AND PROCEDURES TIMELINE
A typical rehabilitation loan project will follow this process: Review Application -Verify applicant eligibility. Review supporting income documentation to determine household income. -Verify property eligibility. Review Grant Deed/Mobile Home Registration and utility bills.
Approve Application
-Start Project File using File Checklists
-Schedule initial property inspection via phone
-Send Initial Property Inspection letter
- -Run property I.D. report (GIS & property
profile)
-RSC Review and Approval
Deny Application
Issue Termination Letter with explanation of
why the application was not accepted. Place
copy of application in termination file; return
original application to applicant.
Initial Property Inspection
-Complete inspection checklist
-Print and file inspection photographs
-Draft Work Description and Bid Proposal Form
-Prepare internal cost estimate
Environmental Review
-Complete Federal Rehabilitation Environmental
Review form
-Complete lead-based paint determination
-Order Lead-Based Paint report (as applicable)
-Submit Historic Review Request to State
Historic Preservation Officer (“SHPO”)
(properties over 50 years old with the exception
of mobile homes, which are not considered
historic regardless of age).
Loan Approved
-Send RSC Approval Notification and Request
for Approval of Work Description Letter
Initiate Owner Procurement Process
-Upon receipt of signed Work Description,
transmit bid packages including hints for
securing bids, four (4) work descriptions with
instructions to bidders and the City’s list of
interested contractors.
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Bid Evaluation
-Owner submittal of three (3) or more responsive bids to City -City evaluation of submitted bids and internal cost estimate -City evaluation of lowest responsive and responsible bid contractor eligibility (CSLB, EPLS, City Business License, Worker’s Compensation, additionally insured General Liability Insurance and W-9 form)
-Schedule pre-construction meeting 1 week following loan document execution.
Loan Document Execution
-At City office, Owner executes:
-Promissory Note
-Deed of Trust [Notary]
-Truth In Lending
-Itemization of Amount Financed
-Notice of Right to Cancel
- Improvement Agreement
-Principal Administrative Analyst Executes:
-Request for Notice [Notary]
-Improvement Agreement
-Prepare construction contract
-Submit Deed of Trust and Rider Request for Notice to Title company for recordation following the three (3)-business day cancellation period.
Pre-Construction Conference & Construction Contract Signing -At project site, review the Work Description and Bid Proposal Form -Review contract documents, payment provisions, time of performance, and the General Conditions -Execute contract documents (providing copies to Owner and contractor) -Complete pre-construction conference Sign-In Sheet and Minutes
Notice to Proceed
-Following the three (3) business day cancellation period, issue the Notice to Proceed.
Monitoring Construction: Progress Payments & Contract Change Orders -Upon contractor submittal of partial invoice for 100% completed contract line items to the City, City reviews invoice and supporting documentation and prepares the payment request package, including:
-Progress Inspection Report
-Payment Release Authorization Form
-Contractor Invoice – Contract & Owner to sign; Inspector to sign -Conditional Lien Release
-Signed-off City/State Permits for invoiced line items requiring permits -City conducts progress inspection with Owner and obtains required approval -City processes payment request
-City receives, reviews, and processes contract Change Orders as necessary
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Final Payment & Notice of Completion
-Upon contractor submittal of final invoice for 100% completed contract line items (not previously paid) to the City, City reviews invoice and supporting documentation and prepares the payment request package, including:
-Final Inspection Report
-Payment Release Authorization Form
-Contractor Invoice
-Conditional Lien Release
-Signed-off City/State Permits for invoiced line items requiring permits -Notice of Completion form
-City conducts final inspection with Owner and obtains required approval signatures, including the execution of a Notice of Completion. City confirms that Owner has not received any 20-day Preliminary Notices of Lien.
-City takes pictures of final work product to match up with initial inspection photographs -City processes final payment request
Retention Release
-Thirty-five (35) calendar days following the recordation of the Notice of Completion, the City obtains the following documents from the Owner: Retention Payment Release, Authorization, Program Survey, Acknowledgement of Receipt of Final Project Statement
IV. ELIGIBILITY CRITERIA – SINGLE-FAMILY and MOBILE HOME
A. SINGLE-FAMILY APPLICANT
1. Eligible Applicants
Eligible applicants are owners of single-family detached residential properties or mobile homes located within the Carson corporate city limits. Eligible applicant properties must be owner- occupied dwelling units. All title holders must sign all program related documentation to be considered eligible applicants.
Single Family Homeowner Rehabilitation Procedures needed for Non-residing co-owner situations:
Non residing co-owners provide:
o Either a current deed or lease in their name to a property different than the assisted property.
o Current utility bill in their name at the property listed on the deed or lease in the 1st bullet point.
o Notarized letter from all owners indicating that the non-residing owner(s) are not living at the assisted property.
The review of household income for the assisted property must include any income that is regularly being sent to the residing owner(s) by the non-residing owner(s). If no income is being received by the residing owner(s), the minimum documentation showing this must be a notarized signed statement from the non-residing owner(s) indicating that they do not provide regularly scheduled funds to the residing owner.
Procedures describing what happens to the household’s compliance with the City’s program if the residing income qualified owner(s) pass away unexpectedly, during the City’s one-year owner-occupancy requirement.
Procedures indicating that all owners give consent to carry out the rehabilitation of the property.
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Program loans may only be made to owner-occupants with acceptable credit history and clear title to an eligible property in need of rehabilitation. As a prerequisite to eligibility, an applicant must be willing to correct all current code violations (per Building and Safety regulations).
City Council Members, and any employee, official or agent of the City who exercises any policy or program decision-making function in connection with the NPP are ineligible for assistance under the Program. This policy extends for a period of one year beyond an individual’s disassociation with the City of Carson in such capacity.
2. Eligible Household Income
In accordance with CDBG requirements (24 CFR 91.5), owner-occupant household income may not exceed 80% of the Los Angeles County Area Median Income adjusted for household size (Moderate Income) as promulgated by HUD (See Attachment “A”), which is based on updated income guidelines which are provided by HUD annually.
The determination of annual household income shall be made by NPP staff in accordance with the requirements of the CDBG program utilizing HUD guidelines Chapter 5 of determining income and calculations.
a. Applicant’s current source of income is pension benefits, social security and/or Social Security Insurance (SSI) payments and/or related payment benefits resulting from retirement due to age.
b. Applicant’s current source of income is disability, social security, SSI, worker’s compensation,
and/or other benefits resulting from permanent and/or temporary disability of no less than 12 months in duration.
c. Applicant’s current source of income is social security, SSI, AFDC, child support and/or a combination of the subsection above.
Applicant’s income may include, but is not limited to:
a. The applicant’s gross earnings.
b. Spouse’s gross earning, and earnings of all other members of the family who share the household, if the employment of the spouse or other family member is a definite characteristic of family life.
c. Other income regularly received by the applicant or their family from any source including payments from social security, annuities, insurance policies, retirement funds, pension, disability benefits, unemployment and disability compensation, and worker’s compensation.
d. Income from assets including savings, stocks, bonds, vacant land, etc.
e. Income from real estate including rental units on the property to be rehabilitated based on:
i. Gross rental income, less (b).
ii. On the basis of an average of experience for two or more years, expenditures for mortgage principal and interest, mortgage insurance premium, service charges, hazard insurance, real estate taxes, special assessments, maintenance, and repairs, Neighborhood Pride Program
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heating and utilities, ground rent, and other cash expenditures for the property such as advertising vacancies shall be calculated and deducted to obtain net income amount.
If the applicant has not owned the property for two years, the City shall estimate the income and expenditures on the available experience.
f. Business Income
i. Applicant must submit current two years Federal Income tax returns. ii. Must submit a financial statement for the past six months.
3. Eligible Improvements
Program loans and grants may be expended for:
structural repairs
roofs
insulation
rodent and pest extermination
cabinets
counters
plumbing repairs
electrical repairs
installation or repair of heating and air conditioning systems windows/window frames
door/door frames
flooring
fencing
hardscape
asbestos abatement and lead base paint removal
painting (interior and exterior)
energy efficiency improvements
Americans with Disabilities Act (ADA) improvements
Site work involving the foundation, drainage improvements or any health and safety concerns or code violations may also be eligible. Current building and code violations and health and safety related repairs shall take precedence over all other repairs, including general property improvements. Construction of room additions or the initial construction or repair of luxury items and recreational areas (i.e., bar-b-ques, saunas, hot tubs, patio covers, etc.) are not eligible for NPP funding.
In the event that illegal construction is determined to be present on the applicant’s property, NPP funds may only be used for the removal of the illegal condition, as determined by the Program Inspector or Building and Safety Inspector.
Construction materials used for this Program shall conform to the specifications designed by State Building Code Regulations. If the Participant desires to upgrade the approved work- scope items beyond designated standard grade materials, the Participant may be allowed to fund the difference between the standard and upgraded materials, subject to RSC review and approval. If approved by the RSC, an analysis will be performed by NPP staff to determine the reasonableness of the change, and the Participant must provide personal funds to the City for the upgrades, at the time of the signing loan or grant documentation. The amounts for any Neighborhood Pride Program
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upgraded items shall be clearly designated on the contractor agreement and indicate that the Participant is funding this portion of the construction activity.
Following rehabilitation, all dwellings must meet, at minimum, local code requirements to the greatest extent feasible and practicable given program assistance limits. The City of Carson has adopted the State of California codes, which shall be used as the minimum standard for all work performed under the NPP.
4. Eligible Costs
In addition to construction costs, Program loan and grant proceeds may also be used for any Program fees, such as, but not limited to the title report, credit report costs, document recordation costs, escrow costs, hazardous materials testing costs, hazardous materials removal or abatement, and other project-related soft costs that are necessary to implement the project.
5. Relocation
Relocation is not contemplated as a part of this rehabilitation activity. However, if relocation is required, such relocation shall be performed in compliance with the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 and Section 104(d) and may be paid for using program funds.
6. Loan Conditions, Rates and Terms
The maximum loan amount obtainable under the NPP is $25,000, which shall be used to address all applicable work scope items, inclusive of lead-based paint and asbestos remediation or removal. The loan amount can only be increased over the $25,000, if the initial property inspection reflects the property has required health and safety repairs. This must be approved by the Director of Community Development and cannot exceed max loan amount up to $50,000, and additionally must be approved by the City Manager. The minimum NPP loan amount is $5,000.
The NPP loan is deferred, and will accrue interest of 3% per year, and does not require monthly payments. The NPP loan is immediately payable inclusive of the unpaid principal balance, and any other amounts due under the Note upon the earlier of:
a. The sale, conveyance, transfer, hypothecation of the security, or any part thereof, or any interest therein, or divestment of title or any interest therein in any manner or way, whether voluntarily or involuntarily, without the prior written consent of the City being first had and obtained; or
b. Failure to adhere to the provisions of the General Conditions and Loan Agreement,; or c. Failure to perform any obligation under the Deed of Trust securing the Note, or any other Deed of Trust encumbering the security.
Participant may pre-pay the loan at any time without penalty.
The loan is not assumable except under the limited circumstances listed below. The following allowable assumptions shall not be construed as a transfer under the provisions of this Policy:
a. The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant;
b. A transfer of the Property where the spouse becomes an owner of the property; Neighborhood Pride Program
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c. A transfer of the Property resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property;
d. A transfer to an intervivos trust in which the Borrower(s) is/are and remains/remain the beneficiary and occupant of the property.
7. Loan Subordination
If an existing loan is being refinanced and loan subordination is requested, then the refinance cannot increase the amount of the then outstanding debt against the property except to cover the usual and customary fees related to the refinance. All subordination requests are subject to the Assistant City Manager approval.
8. Loan Repayments
All loan payments received under the NPP shall be entered into CDBG Revolving Loan Fund for the funding of future eligible NPP activities.
V. REHABILITATION STANDARDS
A. BASIC REHABILITATION STANDARDS
The NPP uses the building, health and safety codes adopted by the City of Carson. All rehabilitation work shall meet the City of Carson’s adopted building, plumbing, electrical, and health and safety codes unless another standard's appropriateness prevails as determined by NPP Staff in consultation with the City’s Building & Safety and Planning Departments.
1. Life Threatening or Safety Repairs
This standard is used to define the most urgent health and safety repairs such as unsafe plumbing or electrical wiring. All immediate life-threatening hazards, all health and safety hazards, and, to the extent feasible, all building code violations shall be corrected. Such hazards include, but are not limited to:
Sagging structural parts of a house (e.g., porch, roof, floors, stairways), which are likely to collapse in the immediate future if not supported; Electrical conditions which are likely to result in a fire or threaten human life in the immediate future, including overloaded circuits, hazardous fixtures, switches, outlets or wiring;
Plumbing repairs, which involve exposed sewage, leaking supply or waste lines, and inoperable water heaters;
Mechanical system failures such as the leakage of gas or fumes from appliances that can lead to fire and cause serious injury; and
Other conditions which pose life-threatening danger to the occupants of the dwelling.
2. Health and Safety Hazards
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Health and safety hazards are deteriorated or inadequate features of the structure. Such inadequacies include, but are not limited to:
Defects in electrical and plumbing fixtures;
Unsafe entrance and exit facilities;
Lack of smoke alarms, carbon monoxide alarms or similar devices; Deteriorating or inadequate structural conditions, including crumbling foundations, dry rot, and termite damage; and
Other code deficiencies.
All rehabilitation shall meet the California Title 24 energy efficiency requirements.
B. STANDARDS FOR REHABILITATION OF HISTORIC PROPERTIES
Special requirements must be met under the National Environment Policy Act and the National Historic Preservation Act of 1966 (and as amended) for historic structures under funding consideration under the NPP. When a unit is more than 50 years old, potential NPP projects will be submitted for review to the State of California, Office of Historic Preservation. In accordance with State Historic Preservation Office (“SHPO”) guidance to the City of Carson, all mobile homes and any building less than 50 years in age will not be submitted for review.
Under direction from SHPO, historic properties shall be rehabilitated in accordance with the most appropriate standards based on the age and architecture of the structure. The basic principle is to preserve the character of the exterior spaces and surfaces. This generally entails the submission of the Work Description to SHPO for review and comment.
C. EXAMPLES OF IN-ELIGIBLE REHABILITATION COSTS
Costs associated with the rehabilitation of existing structures are generally eligible under this program. The initial construction of room additions or installation or repair of luxury or recreational items (i.e. patios, bar-b-ques, pools, etc) and the purchase, installation or repair of personal property (furnishings) are not eligible for assistance. All rehabilitation items and costs are subject to the review and approval of the RSC. Some examples of eligible rehabilitation costs include:
Building and other permit fees;
Repair related architectural, design, and engineering services; Appraisal fees (as necessary);
Policy of Insurance of Record Title, or Preliminary Title Report and Title Insurance (as necessary);
Recording and filing fees;
Credit reports (on a case-by-case basis);
Termite inspection reports and eradication;
Lead-Based Paint surveys and clearance reports;
Asbestos Testing and Clearance;
Geologic reports;
Construction contract(s) for the implementation of rehabilitation work as specified in the approved Work Description and Bid Proposal Form, as approved by the NPP RSC, which may include items such as:
Correction of code violations;
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Correction of incipient violations of the uniform building code; Cost effective energy conservation measures, including solar heating, cooling and water systems;
Removal of lead-based paint hazards;
Removal of asbestos hazards;
Removal of barriers to the handicapped;
Removal of rodents and roaches (pest control)
Removal of termites;
Repair/Replacement of roofing;
Repair/Replacement of heating systems and air conditions systems (subject to RSC review and approval);
Repair/Replacement of plumbing;
Repair/Replacement of screens;
Installation of new smoke and carbon monoxide alarms; Repair/Replacement of water heaters;
Repair/Replacement of electrical work;
Repair/Replacement of windows;
Repair/replacement of stucco;
Installation new dead bolt locks;
Repair of kitchen or bath cabinets;
Repair of fencing;
Installation of new insulation;
Any items determined eligible by the RSC; and
The elimination of specific conditions detrimental to public health and safety, which have been identified by Program Staff.
D. PROPERTY STANDARDS
1. Minimum Standards
All housing must be improved to an acceptable level of appearance and desirability. The following general standards have been adopted and must be adhered to prior to or as part of the rehabilitation. As necessary, NPP Staff will coordinate with City Building and Safety and Code Enforcement to implement the following standards:
a. Repair or replacement of inadequate or broken structural, plumbing, electrical, roofing, heating and cooling systems.
b. Repair or replacement of broken or energy inefficient windows and screens. c. Removal of all debris, abandoned vehicles and vehicle parts, unusable lumber, and other construction equipment, unserviceable water heaters, refrigerators, appliances, etc.
d. Removal or trimming of obstructing or hazardous trees and shrubbery. e. Removal of dilapidated fences and accessory structures. f. Repair or replacement of deteriorated steps, walks, and driveways. g. Correction of improper grading which causes standing water or drainage toward a dwelling unit.
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2. Incipient Deficiencies
In order to bring the dwelling up to local standards, incipient deficiencies should be identified and corrected. An incipient deficiency exists if, at the time of inspection, it appears that the physical condition of an element in the structure may fail or deteriorate into an actual deficiency in the near future (within 1-2 years). Examples of incipient deficiencies include but are not limited to the following:
a. A roof has one or more small leaks that can be patched at a low cost, but the roof will probably continue to develop leaks. The entire roof should be replaced. b. A heat exchanger in a furnace may be expected to soon become inoperative or hazardous because of its age, condition, or use. A new heater should be installed. c.
E. CONTRACTOR LIST AND QUALIFICATIONS
To facilitate competitive bidding, Staff shall maintain an active list of licensed contractors who are interested in participating in the NPP. This list shall be of limitless and sufficient number to achieve program goals. Outreach efforts shall include, but not be limited to, sending out an introductory letter to Carson general contractors with business licenses; general contractors listed in the phone book specializing in rehabilitation work (including historical rehabilitation); and contacting other municipalities in the area to obtain contractors lists. The list should include firms or persons who have a good performance record and should include information on minority- and women-owned business status in accordance with the CDBG regulations.
Interested contractors shall apply for inclusion on the Carson Contractor List, by completing the Contractor Application process.
This list will be made available to NPP participants upon request. Prior to any contract award, NPP Staff must verify that contractors are properly licensed through the California Contractors State License Board (CSLB) and that the contractor’s company and its personnel are not listed on the Federal Excluded Parties Listing Service (EPLS). Contractor must attend any required meetings. Contractors must maintain and furnish proof of General Liability Insurance ($1,000,000 aggregate minimum) with the City of Carson as an added insured in conformance with the City of Carson Risk Manager’s language requirements, and appropriate Worker’s Compensation Insurance. Contractors are required to provide a DUNs number. Contractors must maintain a current City of Carson Business License.
The City of Carson reserves the right to exclude contractors with poor performance records from the list and to deny such contractors from participation in the NPP. The provision of a contractor list to owners is in no way an endorsement of a particular contractor’s ability to perform quality work. Owners may feel free to choose another contract not on the NPP Contractors’ List. This contractor must be subject to qualifications, as those on the list were subject to.
VI. PRE-CONSTRUCTION PHASE
A. LOAN UNDERWRITING
Prior to drafting the Work Description and Bid Proposal Form, the City Manager or his/her designee must determine whether or not the applicant qualifies for deferred loan assistance. The following steps shall be taken prior to determining the scope of work:
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A. STAFF WILL USE THE PIRT REPORT TO DETERMINE THE PROPERTY TITLE AND THE CURRENT AMOUNT OF SECURED DEBT (IF ANY) AGAINST THE PROPERTY.
B. STAFF WILL DETERMINE THE MAXIMUM RECOMMENDED LOAN AMOUNT WITHIN THE $30,000 PROGRAM LIMIT TO RECOMMEND TO THE CITY MANAGER OR HIS/HER DESIGNEE ANY AMOUNTS OVER $30,000 MUST BE ADDITIONALLY APPROVED BY THE CITY MANAGER.
B. WORK DESCRIPTION AND BID PROPOSAL FORM
After the Homeowner's eligibility is established, the feasibility of rehabilitating the property must be established. The Work Description and Bid Proposal Form is a detailed list of specific activities to be undertaken in the course of the rehabilitation project.
1. Initial Inspection by Program Inspector
Program Inspector shall make an appointment to visit and inspect the subject property, and shall:
Review the applicant’s requested repairs in person while photographing and inspecting all accessible areas of the property (interior and exterior); Review all items of concern identified in the inspection as a “preview” of the forthcoming Work Description and Bid Proposal Form. Provide the owner with an opportunity to provide any additional pertinent information; Take pictures and note repair locations; and
Develop the Work Description and Bid Proposal Form within 10 calendar days of the inspection and obtain RSC approval.
2. Environmental Process
NPP Staff shall be responsible for completion of all required National Environmental Policy Act (NEPA) requirements prior to the commitment of CDBG funds, inclusive of the Statutory Worksheet, Appendix A, Notice of Intent, Request for Release of Funds, and Rehabilitation Environmental Review Form (all - as required).
3. Rehabilitation Feasibility
The inspector shall make a determination on the feasibility of rehabilitating the property with the following factors taken into account:
Location of structure
Rehabilitation costs
Type of improvements
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Type of structure
Condition of structure
Homeowner's needs
In situations where a property’s condition is not suitable for occupancy, NPP Staff may consult with the City’s Building & Safety Department to determine whether or not the maximum amount of assistance would be sufficient to make the property habitable.
4. Work Description Objectives
The Work Description is the central management document for each project. All fundamental program goals are embodied in the Work Description. Among its specific objectives are:
The prioritization of code deficiencies (especially life threatening and health and safety deficiencies) over general property improvement. Documentation of the allowability of all proposed improvements. To ensure mutual understanding regarding work to be performed between all parties involved in the project.
To serve as a basis for obtaining reliable and comparable bids from contractors.
To serve NPP Staff as a tool and basis for estimating itemized costs of individual proposed work items.
To serve as a basis for the contract between homeowner and contractor, and to relate that contract to the program's goals.
To serve as a checklist in reviewing work performed.
To honor claims for materials and performance.
To serve as a dispute resolution instrument.
5. Developing the Work Description
Program Inspector shall develop the Work Description. The steps of the process are:
6. Inspecting the Property
Program Inspector must physically walk throughout the property and the dwelling, identifying every substandard feature and noting all improvements necessary to bring the dwelling up to Code.
Note: Program Inspector may consult the Building and Safety Department and Planning Department on any issues that require interpretation of the Building Code or Municipal Code and related issues as necessary.
7. Obtaining Homeowner Input
Consultation with the homeowner should focus on three items:
Informing the homeowner of deficiencies identified;
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Obtaining homeowner preferences regarding options for correcting these deficiencies; and
Obtaining a list of general property improvements desired by the homeowner.
The Work Description may not contain details which have no significant effect on cost, such as color, style or pattern. The work descriptions may indicate that these items are to be selected by the property owner from contractor-provided samples.
8. Work Priority/Phasing
Staff shall organize the list of work activities in a descending order of priority; with code deficiencies first.
9. Drafting the Specifications
Drafting the specifications involves re-writing the notes taken at the on-site inspection into specific instructions covering: a) the quality of materials to be used, b) the procedures to be followed, c) specification of the exact areas where repairs are to be performed. The specifications must be precise and characterized in technical construction terminology.
10. Completing the Work Description
The process of completing the Work Description involves transferring the detailed, priority specifications to the Work Description form. Each specification should be separated clearly from the others, so that contractors can make itemized bids legibly.
11. Review by the Homeowner
The homeowner should review the contents of the Work Description and sign the form indicating that they have reviewed and agree with the list.
C. DETERMINING COST REASONABLENESS
Staff must always prepare their own cost estimate for the work. The internal cost estimate shall be printed on a copy of the approved Work Description and Bid Proposal Form and/or the Bid Evaluation Form and placed in the project file. These cost estimates shall be derived from market cost data available to Staff based on competitive bid prices supplied for projects within the last 12 months. The internal cost estimate shall not be provided to contractors. A reasonable bid will be within 10 to 15 percent of the City’s internal cost estimate. If the difference exceeds 15 percent, further negotiation with the lowest responsible, responsive bidder should be attempted to ensure cost reasonableness.
Upon receipt of the owner’s three lowest responsive, responsible bids on the City’s Work Description and Bid Proposal Form, Staff will prepare the Bid Evaluation form to compare line item prices and to accurately determine the lowest responsive bid.
D. GRANT AND REVIEW COMMITTEE (RSC)
The RSC voting members shall consist of the NPP Staff, Managers and Directors as required.
Prior to convening an RSC meeting, Staff will prepare the RSC Report describing the proposed work to be completed along with the applicant’s eligibility criteria. Staff will review the complete Neighborhood Pride Program
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application package with the RSC members, who will approve or disapprove the grant and loan in accordance with the NPP Policy and the grant and loan underwriter’s recommendations.
E. OWNER PROCUREMENT
Following the RSC approval of the Work Description, the NPP Staff prepares and sends bid packages for the owner’s procurement. The bid package includes the following:
Instructions to Bidders;
NPP Interested Contractor List;
Work Description and Bid Proposal Form;
Owner-provided Structural Pest (Termite) Report (as applicable); Lead-Based Paint Survey (as applicable); and
Other work related documents (engineering report, etc. - as applicable).
Generally, owners are required to submit bids from B-licensed General Contractors unless the Work Description only contains a single-trade item such as roofing only, electrical only, or plumbing only. In such instances where only a single trade contractor is to be used, a specialty contractor (C-licensed) appropriately licensed for the trade to be performed can be utilized.
F. IMPROVEMENT AGREEMENT
The Improvement Agreement is an agreement between the City and the owner that links the loan and grant documents to the construction contract agreement. It is a contract between the City of Carson and the applicant setting forth the terms and conditions of the loan or grant of NPP funds, specifically:
a. Source of funding.
b. Applicable funding source requirements.
c. Conditions of program eligibility.
d. Amount borrowed or granted.
e. Applicable loan or grant terms.
f. Amounts for lender services.
g. Property against which loan is secured.
h. Basic use of the NPP funds.
At all times throughout the application and pre-construction phases, it is critical that NPP Staff emphasize to owners both verbally and in any written correspondences that absolutely no program funds have been committed or approved by the NPP until both the NPP Management and owner signs the Improvement Agreement. Only after this occurs can funds be encumbered.
G. LOAN DOCUMENTS
A complete set of Loan Documents should include the:
a. Promissory Note;
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b. Deed of Trust for real property and Rider, or the Statement of Lien for mobile homes; c. “Notice of 3-Day Right to Cancel” form;
d. Financing Disclosure Statement (Fair Lending Notice);
The Loan Agreement shall be a legal contract that precisely and formally delineates the reciprocal obligations of both the borrower (the homeowner) and the lender (the City). NPP Staff will meet with the homeowner to obtain the homeowner's signature on the Loan Documents and have the Deed of Trust and Request for Notice notarized.
H. RECORDATION OF THE DEED OF TRUST
Loan closing is a routine process whereby NPP Staff provides the loan documents to the borrower for review and signature in the presence of a Notary Public. At the borrower’s request, the loan documents may be prepared and forwarded by mail in advance of the loan-signing meeting for their review or for review by their counsel at their own cost.
NPP Staff must observe the mandatory three business day waiting period prior to sending the original Deed of Trust (real property) to the title company for recordation with the Los Angeles County Recorder.
I. PRE-CONSTRUCTION MEETING
The objectives of the pre-construction meeting are to: (i) inform all parties of their roles and responsibilities throughout the construction phase; (ii) inform the owner and contractor about their rights under the contract agreement; (iii) review the scope of work and address any concerns prior to the execution of the contract; (iv) answer owner questions regarding construction methodology; (v) facilitate the selection of finish materials, colors, etc.; (vi) prevent unauthorized change orders; and (vii) inform the contractors about the payment process.
a. This is accomplished by meeting with the owner and contractor and discussing the following items:
Review Work Description and Bid Proposal Form, making sure both the homeowner and contractor understand that only items in the Work Description and Bid Proposal Form will be accepted and paid for under the NPP loan or grant, unless there is a City-approved "change order."
Review the performance and payment schedule.
Review payment procedures - emphasize NPP Staff and homeowner approvals, and the time factors for issuing payment checks.
Review change-order procedures - emphasize that no extra work may be performed without a NPP Staff-approved change order.
Provide and discuss lien release forms.
Emphasize contractor responsibility for permits and inspections. The contractor and homeowner must be informed that progress payment reviews by NPP Staff are not building inspections, and that the scheduling and performance of such inspections is the responsibility of the contractor.
Confer with the contractor and homeowner to establish a mutually agreeable construction "start date" and "completion date".
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Explain that the owner, contractor, and City must jointly sign a "Notice to Proceed.” The Notice specifies the agreed upon "start date" and gives an agreed upon number of calendar days thereafter for completion of the job. Explain to the homeowner and contractor that work performed prior to the "start date" is not reimbursable under the NPP.
Execute the Construction Contract.
Inform contractor that rehabilitation of the dwelling shall be completed within either 30 or 45 days, depending on the agreed upon time period with the owner.
J. CONSTRUCTION CONTRACT
During the Pre-Construction Conference, the City shall present a construction contract to the homeowner and the selected contractor. The construction contract shall contain the following items:
The Contract Agreement;
The Work Description and Bid Proposal Form;
General Conditions;
Three-day Notice of Right to Cancel;
Schedule of Progress Payments; and
Mechanic’s Lien Warning.
K. RECORDS
Staff must place the original of all documents, fully signed, in the project file. Appropriate copies shall be provided to the owner and contractor.
VII. CONSTRUCTION MANAGEMENT
A. ISSUANCE OF THE NOTICE TO PROCEED
The contractor may not begin work until the contract with the homeowner has been signed and the City has issued a “Notice to Proceed.” The contractor shall obtain building permits before commencing any work. Rehabilitation work is to commence within ten (10) calendar days of the issuance of the "Notice to Proceed".
B. FINANCIAL MANAGEMENT
Financial Management is the activity of planning, organizing and controlling the flow of NPP funds. The objectives of the financial management process are to:
Maintain accurate records;
Accurately monitor the rate of expenditure in relation to NPP requirements; Facilitate prompt payment to contractors; and
Avoid over-payments, double payments, etc.
C. PROGRESS REVIEWS AND RELEASE OF FUNDS
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The Progress Review/Payment Authorization process is the means by which loan and grant funds are authorized for contractor payment. The primary objectives of the Progress Review/Payment Authorization process are to:
a. Release funds only for work performed in accordance with the Work Description or an approved change order;
b. Obtain required lien release documentation; and
c. Document all releases of funds for audit purposes.
D. PERFORMANCE SCHEDULE
Included in each Construction Contract is a performance and progress payment schedule.
Typically, a performance and progress payment schedule will provide for one to three phases in the construction process. In each phase, certain work will be performed, invoiced and paid.
NPP Staff will periodically (generally every 7 to 10 days, or more as necessary) review progress on all projects under construction for compliance with the established performance and payment schedules. In the event of delays, the following steps should be taken by NPP Staff:
Telephone contacts with homeowner and contractor – documented in file. Site visits.
Written notification to contractor and owner.
These and other action steps will be pursued in a systematic and consistent manner by NPP Staff and documented in detail, either through copies or on the file correspondence sheet.
When the work in a given phase is complete, and all required NPP and City inspections have been performed, and approved by homeowner, NPP Staff can process a Payment Authorization.
E. DISBURSEMENT OF FUNDS
The NPP Staff shall disburse funds in accordance with the following procedures:
a. Upon receipt of a contractor’s invoice, NPP Staff and the homeowner shall inspect the property to ensure that the invoiced work items are 100% complete in accordance with the Work Description. The homeowner shall sign the Progress Inspection Report and Payment Authorization forms. If the work is not satisfactorily completed, the homeowner and/or Staff shall notify the contractor in writing so that corrective actions are made.
b. Progress payments shall equal 90% of the cost of such work items completed, as determined by the bid breakdown. Retention equal to 10% of each progress payment shall be withheld until the project has been completed, and the 35-day period following the date of recordation of the Notice of Completion has elapsed. The recordation of the Notice of Completion within 10 days of the project’s completion initiates a 35-day period of time where liens may not be recorded against the property; thus, allowing sufficient time for contractors, subcontractors, and suppliers to receive payment following the NPP 90% disbursement(s). Progress payments due the contractor shall be paid after NPP Staff approval of receipt and verification of contractor's invoice(s) and satisfactory Release of Liens, or claims for Liens, by contractor, subcontractors, laborers and material suppliers for work completed and materials installed.
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c. After the homeowner and NPP Staff have verified that payment should be made, NPP Staff shall transmit a request for disbursement to the Business Development Manager for review and approval. Upon the NPP Management’s approval, the request for disbursement may be processed for payment.
F. CHANGE ORDERS
Change Orders, delays, and disputes are all issues that can arise in construction. All three can interfere with program goals, unless they are minimized and handled expeditiously.
A Change Order is a written modification to the Work Description. In order to be valid, the homeowner, contractor and the City must approve a Change Order. Work other than that described in the Work Description and approved Change Order, including work performed before the Change Order is fully approved will not be paid with NPP funds. It is NPP Staff's responsibility, through the progress review process to strictly and consistently enforce this rule.
Change Orders relating to unforeseen difficulties encountered during the course of construction may receive verbal approval from NPP Staff so as not to interrupt or stem the flow of work. All change order approvals are to be followed immediately with appropriate paperwork and must be approved by the City Manager or his/her designee. The Change Order Process is as follows:
a. The homeowner or contractor initiates change order requests. In cases where the homeowner contacts NPP Staff for a Change Order, NPP Staff should remind the homeowner and the contractor that no change in the Work Description is approved until all parties have signed the Change Order and that any work performed prior to approval of the Change Order will be paid for with NPP funds if it does not exceed the grant or loan amount. All change orders must not exceed 20% of the original grant or loan amount.
b. Staff shall promptly visit the home and determine the following:
1) Is all work performed by the contractor at the site authorized by the contract agreement?
2) Is the change appropriate based on an assessment of on-site conditions? 3) Does the proposed change conform to the NPP Policy and Implementation Procedures?
4) Is sufficient funding available to cover the additional costs (if applicable) associated with the proposed change order?
The Change Order request is subject to the RSC review and approval or denial, NPP Staff shall promptly inform the owner and contractor in writing of the decision and document the decision and the reasons for the denial in the project file.
c. If the Change Order is approved, NPP Staff should prepare the Change Order for signature first by the homeowner and contractor and then by the Director of Community Development. The original signed Change Order should be placed in the project file, and copies should be transmitted to the homeowner and contractor. At this point, the work described in the Change Order may commence.
Homeowners must sign invoices for work completed.
G. DELAYS
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A delay is a failure to meet the timetable provided in the section of the agreement entitled "Performance and Payment Schedule". NPP Staff shall monitor projects for delays and, when necessary, devise corrective action for delinquencies.
H. DISPUTES
A dispute is a disagreement between the homeowner and the contractor, typically concerning satisfactory work completion, timeliness, or payment amounts, which can interfere with the progress of the project.
No concurrent NPP or other contractors at site
a. The first responsibility of NPP Staff in relation to any dispute is to avoid involvement.
NPP Staff should remind the homeowner and the contractor that the NPP and City are not a party to the construction contract. The homeowner and contractor should therefore endeavor to resolve their dispute without outside involvement. It is helpful to refer the two parties back to the General Conditions of the contractor agreement, which sets forth a formal process for dispute resolution via correspondence.
b. Some disputes require mediation for resolution. To mediate the dispute, NPP Staff should complete the following:
1) Schedule a meeting with the contractor and the homeowner at the City. 2) At the meeting, NPP Staff should remind the parties of the program goals. 3) The contractor and owner should explain the problem from their respective points of view.
Talking through the problem from each point of view can sometimes assist the parties in identifying ways to address the problem to each person’s satisfaction. In the event mediation fails to resolve the dispute, NPP Staff should again remind the two parties that the NPP and City are not a party to the agreement. However, NPP Staff may be able to make certain recommendations to the contractor and the homeowner in order to facilitate the completion of the rehabilitation work to the satisfaction of the owner. In the event that either party suggests or threatens litigation or is unwilling to fulfill their contractual obligations, NPP Staff shall advise the parties to exercise their rights as established within the General Conditions to the construction contract. When appropriate, NPP Staff may need to consult the City Attorney for advice on how and when to release contract funds depending on how each of the parties exercises their rights to terminate the contract agreement.
VIII. COMPLETION AND FINAL PAYMENT
The project completion and final payment process is intended to:
Document completion of the work.
Protect the homeowner from liens and title clouds.
Assure prompt payment to the contractor.
When the contractor completes all work on the project, the contractor must submit an itemized invoice for all previously unpaid line items contained within the construction contract. NPP Staff will inspect Neighborhood Pride Program
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all completed work together with the homeowner. The NPP Staff Inspector will note any incomplete or unacceptable items on a punch-list form and give a signed copy to both the owner and the contractor for correction.
The contractor is responsible for:
Obtaining building permits and inspections from the Building & Safety Department; Obtaining and providing lien releases for work they performed, and from sub-contractors and material suppliers;
Submission of contractor invoices on firm letterhead to NPP Staff; and Providing the owner with a written one-year warranty certificate covering the materials and workmanship of all contracted items, and for all manufacturer’s instructions, documentation and warranties for all installed fixtures. Copy signed by owner & contractor to file.
The homeowner is responsible for:
Monitoring the contractor’s work throughout the project; Co-approval of payment requests from the contractor; and Understanding grant and loan obligations.
NPP Staff is responsible for:
Maintaining all project related documentation in the project files; Conducting progress payment inspections to ensure that the quality of the work is acceptable; Ensuring that the project file documents all work requiring permits with a copy of the City or State (State permits for mobile homes only) permit signed off by the City or State Building Inspector;
Maintaining the project accounting in the project file; Placing Lien Releases and Final Request for Payment in the project file; Answering questions from owners and contractors regarding the NPP Guidelines, Implementation Procedures and other associated program documents; Preparing Management Reports; and
Preparing a Customer Survey for the homeowner upon the conclusion of the project. Signed copy to file.
35 days after construction completion and recordation of the Notice of Completion for the project, NPP Staff will follow-up with the homeowner and, if appropriate, make the final payment to the contractor of the 10% retention.
NPP Staff shall check with the homeowner for any construction deficiencies the owner feels should be corrected under the contract. If appropriate, NPP Staff should direct the contractor to make necessary corrections, which must be signed off by the homeowner. Staff should then release the 10% retention to the contractor.
IX. POST CONSTRUCTION
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The post construction phase concentrates on maintaining accurate records, safeguarding records, and servicing existing loans.
A. REQUIRED RECORDKEEPING AND FILES
Files shall be maintained to document the significant history of NPP activities for all projects. NPP Staff shall maintain these files for a period not less than five years following the repayment of loan funds or the completion of a grant-only project. Project files shall include, at a minimum:
Section 1: Application Requirements – including the application, financial documentation, income determination, property documentation and demographic summary. Section 2: Correspondence – including official correspondence, Environmental Review/SHPO Documentation and Environmental Remediation Documentation (where applicable).
Section 3: Inspection Report & Work Description – including pre-construction documents, contractor eligibility documents, contract award documents and post construction documents.
Section 4: Project Accounting – including project funding summary, non-construction costs, change orders, construction disbursement costs and construction disbursement processing checklist, purchase order request and receiving reports. Section 5: Loan Underwriting & Grant Approval including the NPP Staff-prepared appraisal, PIRT, RSC report, RSC determination, and all executed loan and grant documents.
Section 6: Project Contact Log including documentation on requests for demand, reconveyances, subordinations, and defaults. All notes – phone conversations with owner and/or contractor.
The City will retain cCopies of the Request for Release of Funds (RROF) andor its Authority to Use Grant Funds (AUGF) from HUD for the Neighborhood Pride Program, in addition to documentation of the environmental review, which shall be made available for public review, in accordance with 24 CFR 570.506.
NPP Staff will keep copies of all solicitations for bids, contracts, women- and minority-owned business lists, solicitation lists, documentation of affirmative actions taken, and copies of any forms submitted by the contractor pursuant to the reporting requirements for a period of five (5) years.
Original loan documents (i.e. Promissory Note, Deed of Trust, mobile home title, and PIRT) are to be maintained in a secure and fire-resistant location, if possible, at the office of the City Clerk of the Carson City Clerk’s Office. Copies of all original loan documents are to be maintained in the respective project files. The City maintains and grants access to its borrower information only in accordance with its internal security standards which restricts access to program personnel, or in response to a required official audit. When a loan is paid in full or is about to be paid in full, these documents will be released to a licensed escrow company, or in certain circumstances, they will be reconveyed directly to the borrower by NPP Staff.
B. PROJECT MATRIX (NEW DATABASE)
For each fiscal year, NPP Staff will maintain an active project matrix containing the case number, name, address, telephone number, racial/ethnic data, census tract, block group, household size, household income, income level (i.e. very low, low, moderate), housing cost burden percentage, year built, application date, inspection date, Work Description approval date, expected post- rehabilitation value, Loan Review Committee Approval Date, loan funds awarded, grant funds Neighborhood Pride Program
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awarded, project soft costs (i.e. title, credit, lead-based paint testing, etc.), construction contract amount, contractor payment information, contract award date, notice to proceed date, final inspection date, recordation of Notice of Completion date, and project phase (i.e. pre-construction, construction, complete).
The project matrix shall be maintained by NPP Staff on an on-going basis.
C. LOAN DATABASE MAINTAINED FOR ALL PRIOR GRANT AND LOAN PROJECTS
In order to effectively manage the City’s Revolving Loan Account and to maintain an accurate record of all loan activity, an on-going loan database will be established to track loan funds from when they are first secured to when they are repaid (or charged off—in the event of default). The database will include, at a minimum, the borrower’s name, address, telephone number, Assessor’s Parcel Number, loan amount, interest rate, date of recordation of Deed of Trust, recordation number, date of recordation of Request for Notice, recordation number, and information pertaining to the following outcomes:
Request(s) for Demand of Payoff;
Reconveyances;
Subordinations; and default
D. LOAN PAYOFFS
The City will generally receive a request for payoff amount when repayment occurs as part of a property sale, transfer or upon an event of acceleration as defined in the Promissory Note. The request will usually come in the form of a Request for Beneficiary’s Demand from an escrow company, title insurance company, or financial institution.
Due to potential errors and misunderstandings when discussing payoffs verbally, the City will provide a payoff demand only upon receipt of a written request. The City will communicate a payoff demand to the requestor only in writing.
E. RESPONDING TO A REQUEST FOR DEMAND
The following steps will be taken when the City has received a written request for a loan payoff demand:
Upon receipt of the payoff demand, retrieve the loan file and review the loan agreement for repayment requirements. Check the comment section of the database for extenuating circumstances that may have been documented.
Prepare a demand letter describing the principal balance, zero interest rate, date of loan, current date.
Attach a copy of the request for beneficiary’s demand to the demand letter and send to the requesting party.
Place a copy of the demand letter and the original request for beneficiary’s demand in the loan file.
F. RECONVEYING THE TRUST DEED OR MOBILEHOME TITLE AND REGISTRATION
After the City has received payment in full of “good” funds, the deed of trust will be released as a lien against the property. (“Good” means funds that are drawn on a title company, escrow company, or financial institution. Funds drawn on a personal account must be cleared through the bank before reconveying the deed of trust.) A Substitution of Trustee and Deed Reconveyance shall be prepared by NPP Staff to be recorded (the document will note the borrower’s name and current Neighborhood Pride Program
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address). The documents shall be prepared for the City Manager or his/her designee signature and be sent directly to the County Recorder or to the entity that provided the payoff funds, such as the title or escrow company for recordation. Upon receipt of the recorded reconveyance document, a copy of the recorded reconveyance will be maintained in the closed loan file and the original reconveyance will be sent to the borrower.
G. RESPONDING TO A REQUEST FOR DEMAND
A borrower will be in default on the terms of the loan if they violate the conditions of the loan agreement. These default issues include the following:
Failure to occupy the home as the borrower’s primary residence; Selling or transferring the property by any means without prior approval of the City, except for the following exempt transfers:
(a) The transfer of the Property to the surviving joint tenant by devise, descent or operation of the law, on the death of a joint tenant; or (b) A transfer of the Property to the child or children of the Borrower upon death of the Borrower; or
(c) A transfer of the Property where the spouse becomes an owner of the property; or
(d) A transfer of the Property resulting from a decree of dissolution of marriage, legal separation or from an incidental property settlement agreement by which the spouse becomes an owner of the Property; or
(e) A transfer to an intervivos trust in which the Borrower is and remains the beneficiary and occupant of the property.
Allowing the rehabilitated building (interior and/or exterior) to fall into disrepair or be kept unclean, unsafe, or out of compliance with current City building codes; Non-payment of other mortgages, taxes, insurance, or Homeowner’s Association Dues; Any further encumbrance of the property without the express written consent of the NPP Staff; and
Obtaining a reverse mortgage agreement.
Because of the time required to monitor these issues, the NPP will generally enforce only those defaults that come to the attention of NPP Staff through the ongoing management of the loan portfolio.
H. SUBORDINATION
Subordinations to new first trust deed loans are not generally permitted. In the event that a borrower determines that it would be in their best interest to refinance their existing first trust deed loan to lower the interest rate and monthly payments without increasing the secured indebtedness of the first trust deed, Staff may consider recommending subordination to the City Manager or his/her designee. The staff may decline a request to subordinate at its sole discretion.
The NPP staff will consider subordination of loans under the following circumstances:
Borrower will be refinancing their first mortgage at a reduced interest rate that results in lower monthly payments; and
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Borrower will not be withdrawing or using any equity for any reason (Note: Fees associated with the refinance may be included in the new first mortgage, provided that an apparent savings will be accrued to the owner over the term of the new loan versus remaining in their current mortgage).
The RSC generally will not recommend the approval of a subordination that involves any of the following:
Withdrawal of equity;
Subordination to a loan involving negative amortization; Subordination to a variable rate mortgage loan or reverse mortgage loan; Change of ownership, including adding new owners or co-signer(s) onto the loan or title; or
The combined total of the new first mortgage loan and the City’s secured loan exceeds 90% of the appraised value of the borrower’s property.
The City’s loan will become immediately due and payable if the borrower at any time: 1.) takes out any other loan against the property in lieu of subordinating the City’s loan, or 2.) uses refinance proceeds to repay revolving or other debt.
I. CHARGE OFFS
A NPP loan is considered a charge-off if it has been deemed uncollectible. NPP Staff, in consultation with the City Attorney’s office, shall make every effort to pursue the City’s interest in the event of foreclosure, bankruptcy, or any scenario that involves the sale or transfer of the dwelling or the cessation of the borrower’s occupancy of the dwelling. In the even that a NPP loan becomes uncollectible, the status and disposition of the case must be accounted for in the loan database such that the loan is not reflected in the outstanding loan balance figures.
J. CLOSING THE LOAN FILE
After a loan has been paid in full and the corresponding deed of trust or mobilehome title has been reconveyed the loan file shall be closed. The loan database will be updated to reflect the status and disposition of the loan. Additionally, NPP Staff should ensure that proceeds from the closed loan file’s repayment are allocated to current project(s) as soon as possible and that revolving loan accounts are expended prior to drawing on any current-year CDBG funds. Closed files will be maintained for a period not less than five years.
K. PROGRAM GUIDELINES CHANGES AND MODIFICATIONS
Minor changes to these Program Guidelines involving administrative procedures or accommodation to adapt to regulatory changes may be performed with the approval of the City Manager or his/her designee and/or designee. All other changes require the approval of the Carson City Council.
U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of Community Planning and Development
Los Angeles Field Office, Region IX
300 North Los Angeles Street, Suite 4054
Los Angeles, CA 90012
September 27, 2024
Mr. David C. Roberts, City Manager
City of Carson
701 East Carson Street
Carson, CA 90745
SUBJECT: Fiscal Year 2024 Monitoring
Community Development Block Grant (CDBG) Program (B20MC060514, B21MC060514)
August 19 – August 26, 2024
Dear Mr. Roberts: