Agenda — Montebello City Council, January 26, 2022 (part 1 of 2)

CITY OF MONTEBELLO CITY COUNCIL

REGULAR MEETING AGENDA
WEDNESDAY, JANUARY 26, 2022 AT 5:00 P.M.

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Kimberly A. Cobos-Cawthorne, Mayor
Angie M. Jimenez, Mayor Pro Tem
Scarlet Peralta, Councilmember
Salvador Melendez, Councilmember
David N. Torres, Councilmember

CITY MANAGER CITY TREASURER CITY ATTORNEY
René Bobadilla, City Manager Rafael Gutierrez Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager Arlene Salazar
Fire Chief Fernando Pelaez
Police Chief Brad Keller
Director of Finance Michael Solorza
Director of Human Resources Nicholas Razo
Director of Planning/Community Development Joseph Palombi Director of Public Works James Enriquez
Director of Recreation and Community Services David Sosnowski Acting Director of Transportation Adrianna Kendricks

AMENDED AGENDA
January 26, 2022: City Council Meeting Page 2 of 6

NOTICES
COVID-19 NOTICE: Pursuant to the Executive Order N-29-20 and No. N-35-20 from the Executive Department of the State of California and the County of Los Angeles Department of Public Health Safer at Home Order, Council Members may attend City Council meetings via teleconferencing and make public meetings accessible telephonically or electronically to all members of the public seeking to observe and address the City Council. The City Council and Staff will meet in person at City Hall but due to the increased transmission of COVID- 19 and to ensure the health and safety of the public, the Council Chambers will be closed to the public and all real time public participation, pursuant to Assembly Bill 361, will continue to occur telephonically and/or in writing until further notice. Cons istent with the Executive Order, the City Council meeting will continue to be live streamed and can be watched on the City’s website at:
https://www.cityofmontebello.com/government/live-streaming.html, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1363 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102 -35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 48 hours before this meeting.

Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

STATEMENT OF PUBLIC COMMENTS AND PARTICIPATION: Members of the public may address the City Council on Closed Session items during the “Public Comments for Closed Session Items” period. The public may also address the City Council on a ny items listed on the Agenda and on items not listed on the Agenda (Non -Agenda Items) during the “Public Comments” period. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. In order to conduct a timely meeting, the maximum time allotted for members of the public to speak on any or all agenda items and on any Non-Agenda Item(s) shall not exceed three (3) minutes per person; the period for all “Public Comments” may be limited to 30-minutes.

Pursuant to Assembly Bill 361, for those interested in participating during the public comment period or public testimony period for public hearings of the City Council meetings , you may call in to the City Clerk’s office as listed below until the day of the meeting prior to the start of each Public Comments period, Wednesday, January 26, 2022.

The public can submit speaker card requests telephonically by calling (323) 887-1216, Staff will complete/number the speaker cards and speakers will be called in the order received during the City Council meeting – Closed Session begins at 5:00 p.m. and Regular Session begins at 6:00 p.m. The exact call back time is not predictable due to the nature of the City Council agenda. As a result, you must be available until the end of the public comments period(s).

The City has also created an email address , [email protected], where the public can submit written comments up until the day of the meeting, Wednesday, January 26, 2022 between 7:30 a.m. – 3:00 p.m. These comments will be submitted to all members of the City Council and may not be read aloud, but will be entered into the record of the proceedings to the extent they relate to matter s listed on the posted agenda or otherwis e address matters/issues within the subject matter jurisdiction of the City Council. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council until the after the meeting, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.

AGENDA MATERIALS: The agenda/ agenda packet are available for public inspection at City’s website at:
https://www.cityofmontebello.com/council-agendas.html. The agenda cover sheets may also be emailed upon request.

January 26, 2022: City Council Meeting Page 3 of 6

IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER

ROLL CALL

PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
Pursuant to AB 361 and the guidelines specifically stated in this agenda above, at this time, the general public may address the City Council on Closed Session Items. Please be aware that th e maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.

CLOSED SESSION – 5:00 P.M.

The City Attorney shall provide a briefing on the item listed for Closed Session as follows:

1. TH

REAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
Threat of litigation – One matter related to the CVRA

3. CONFE
RENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION
Government Code Section 54956.9(d)(2)
Threat of Litigation – CIFAC letter

4. CONFE

RENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello
Agency Negotiator: René Bobadilla, City Manager
Negotiating Parties: Topgolf USA MB LLC
Under Negotiation: Terms of Lease
REGULAR SESSION – NO LATER THAN 6:00 P.M.

CLOSED SESSION REPORT
January 26, 2022: City Council Meeting Page 4 of 6

INVOCATION

PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA – CITY MANAGER

CEREMONIAL/PRESENTATIONS

5. RECOGNITION OF M & M FOR FIRE TRAINING SUPPORT
PU
BLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) Pursuant t o AB 361 and t he guidelines specifically s tated in t his ag e nda above, a t this t ime, the general public may address the City Council on both non-agenda and agenda items. Please be aware that t he max imum time allo tted for members of t he p ublic to speak s hall not exc eed t hree (3) minutes p er speaker. State La w pr ohibits t he City C ouncil from taking a ction or e ntertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your co mments to the M ayor.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

7. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2446 AMENDING MONTEBELLO MUNICIPAL CODE CHAPT ERS 3.20 “PURCHASING SYSTEM” AND 3.21 “CO NTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES” TO IN CORPORATE REVISIONS AND RECOMMENDATIONS MADE IN THE STATE AUDITORS REPORT OF 2021 RECOMMENDATION: It is recommended that the City Council:
1) Conduct the First Reading of and Introduce Ordinance No. 2446 Amending Chapters

3.20 “Purchasing System” and 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code Relating; and
2) Take such additional, related, action that may be desirable.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.

8. AB 361 FINDINGS
RECOMMENDATION: It is recommended that the City Council:
1) Receive and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) the following circumstances exist, (i) the state of emergency continues to directly impact the ability of
January 26, 2022: City Council Meeting Page 5 of 6

the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing. 2) Take such additional, related, action that may be desirable.

9. UPDATED REPORT OF EMERGENCY REPAIR AND REPLACEMENT OF THE BEACH STREET

STORM DRAIN

RECOMMENDATION: It is recommended that the City Council:

1) Receive and file the City Manager’s updated report of the emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) Take such additional or alternative action that may be desirable.

10. APPROVE ISSUING A CITYWIDE FLEET VEHICLE MAINTENANCE AND R EPAIR SERVICES REQUEST FOR PROPOSAL, NO. 22-1

RECOMMENDATION: It is recommended that the City Council:

1) Approve issuing a Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-1 (RFP No. 22-1); and
2) Take such additional, related, action that may be desirable.

11. APPROVAL TO SUBMIT A PPLICATION FOR THE CALIFORNIA DEPARTMENT OF FORESTRY

AND FIRE PROTECTION (CAL FIRE) FIRE PREVENTION GRANTS PROGRAM

RECOMMENDATION: It is recommended that the City Council:

1) Approve the submission of the grant application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program; and 2) Take such additional, related, action that may be desirable.

12. TREASURER’S REPORT FOR THE QUARTER ENDING DECEMBER 31, 2021

RECOMMENDATION: It is recommended that the City Council:

1) Receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2021.

13. PAYMENT OF BILLS: RESOLUTION NO. 22-07 APPROVING THE CITY W ARRANT REGISTER OF DEMANDS DATED JANUARY 26, 2022

RECOMMENDATION: Adopt Resolution No. 22-07 approving the Warrant Register dated January 26, 2022.

January 26, 2022: City Council Meeting Page 6 of 6

AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).

COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.

1. Councilmember Torres

2. Councilmember Melendez

3. Councilmember Peralta

4. Mayor Pro Tem Jimenez

5. Mayor Cobos-Cawthorne

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on February 9, 2022 at 5:00 p.m. which can be live streamed at www.cityofmontebello.com (Click on Live Stream).

I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Sunday, January 23, 2022 at 5:00 p.m.

_____________________________________________
Alicia Fernandez, Deputy City Clerk

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: Mi
chael Solorza, Director of Finance
SUBJ
ECT: First Reading and Introduction of Ordinance No. 2447 Amending Montebello Municipal Code Chapters 3.16 “City Funds,” 3.20 “Purchasing System ,” and 3.21 “Contracts for Professional and Special Services” to Incorporate Revisions and Recommendations Made in the State Auditors Report of 2021
DAT
E: January 26, 2022
RECOMMENDATIONS:

It
is recommended that the City Council:
1) Conduc
t the First Reading of and introduce Ordinance No. 2447 Ordinance Amending Chapters 3.16 “City Funds,” 3.20 “Purchasing System ,” and 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code Relating; and
2) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
The
re is no direct fiscal impact related to the approval of the suggested municipal code updates. Some of the recommended updates to Chapters 3.16 et al, 3.20 et al and 3.21 et al may lead to improved procurement efficiencies, which would conceivabl y reduce administrative costs.

BACKGROUND
Th
e City of Montebello last updated the section of municipal code governing procurement in February 2019. That update was a comprehensive overhaul of the (then) existing code, making necessary changes to modernize language while improving control over procurement and purchasing processes, and removing contradictory guidance found in multiple policies and in the code itself.

ITEM # 6
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 First Reading and Introduction of Ordinance No. 2447 Amending Montebello Municipal Code Chapters 3.16 “City Funds,” 3.20 “Purchasing System,” and 3.21 “Contracts for Professional and Special Services” to Incorporate Revisions and Recommendations Made in the State Auditors Report of 2021

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The 2019 update was a direct result of recommendations and findings from the December 2018 State Auditors report (Report No. 2018- 802). As stated in the February 13, 2019 agenda report “[t]he Statue Audit requires [the purchasing] policies and procedures be updated to reflect best practices in purchasing and procurement, and to resolve ambiguities and inefficiencies.”

Moreover, the 2019 update revealed five different governing documents/policies that each contained varying and conflicting formal and informal bid dollar thresholds (ranging from less than $5,000 to $100,000), differing City Council approval threshold dollar amounts ($50,000 vs. $20,000) and even varying dollar amounts for when a purchase order was required ($500 vs. $25,000) . Each of these documents – ranging from resolutions to standard operating procedures to administrative policies – were active and ap plied to procurements in 2019.

The confusing nature of the City’s procurement program prior to 2019 led to understandable lapses in following the rules. It was difficult for Staff to know what was precedent at the time, making it next to impossible to establish a standardized and coherent procurement program across the City. The 2019 update eliminated much of this confusion by amending Chapters 3.20 and 3.21 of the municipal code. From these chapters, new administrative policies could be adopted – all internally consistent with each other in an effort to promote the ability to “play by the rules.”

In the three years since this comprehensive and much needed update, Staff have found additional areas of the code which must be amended in order to resolve lingering ambiguities and provide the maximum level of efficiency in procurement without sacrificing proper controls. In addition to the Staff identified changes, the audit review published in October 2021 by the State Auditor (Report No. 2021- 807) contained recommendations that also require updating the existing municipal code. Put together, the recommended amendments (Attachment A ) will further improve the code and increase the ability to properly manage all procurements.

Specifically, the City’s corrective action plan (required by State Auditor Report No. 2021- 807) that was presented to and approved by the City Council on November 10, 2021 identified the follow ing recommendations that would be satisfied with approval of the ordinance amending Chapters 3.16, 3.20 and 3.21 (Attachment A):

• “The City should revise its municipal code to prohibit the purchases of employee gifts with public funds”

• “The City should create a policy by January 2022 requiring staff to formally document situations when a valid reason exists for deviating from procurement requirements in its municipal code, when the code allows it to do so.”

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 First Reading and Introduction of Ordinance No. 2447 Amending Montebello Municipal Code Chapters 3.16 “City Funds,” 3.20 “Purchasing System,” and 3.21 “Contracts for Professional and Special Services” to Incorporate Revisions and Recommendations Made in the State Auditors Report of 2021

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• “Establish a policy by January 2022 that requires contracts to include a maximum value when feasible. The policy should require the C ity Council to review and approve any agreement that binds the City financially and that does not include a maximum value.”

In addition to addressing these specific State Auditor recommendations, Staff is recommending language changes to improve the management of:

• Sole/Single source goods and/or services
• Standardization of Goods and/or services
• Cooperative purchases (i.e., piggybacking of contracts) • Posting of bids, requests for proposals, etc. using electronic methods (i.e., PlanetBids)

Municipal code language is also being amended to allow staff to better manage purchase orders, making it more clear as to when one is needed vs. not (based on the type of good/service being procured) . In addition, an error in the municipal code that stated purchase orders are needed for any purchase of $3,000 or more is being corrected – the intent and practice since 2019 has been $2,000 (the agenda report from February 2019 states the $2,000 purchase order limit in numerous places) . Moreover, explicit language prohibiting the splitting of purchases to circumvent dollar limits in the code has been added. While the practice of splitting purchases has always been forbidden, the existing municipal code language was not clear enough.

The recommended updates remove ambiguity from the municipal code – making it easier for operating department staff to understand the purchasing rules as well as improving the ease by which Finance manages the entire procurement process. The “redlined” version of the existing Chapters 3.20 and 3.21 is attached (Attachment A), clearly showing added and removed language.

A committee of Finance staff worked closely with the City Attorney’s office to ensure all the proposed changes coincide with current Government Code and other governing rules and regulations. Moreover, Finance Staff, in conducting purchasing trainings with key personnel in each department, has incorporated suggestions from these sessions into the proposed language updates. The end goal are amended municipal code chapters that improve efficiency and clarity, while ensuring the proper level of control over all purchasing and procurement processes and practices.

If approved, the amended chapters go into effect after City Council approval after the second reading. Once in effect, Finance Staff will provide trainings to departments on the updates to ensure compliance with the new municipal code language. The proposed recommendations satisfy recommendations from the State Auditor as well as provide necessary updates to ensure compliance that have been identified by Staff.

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SUMMARY

It is recommended that the City Council approve an Ordinance Amending Chapters 3.16 “City Funds,” 3.20 “Purchasing System,” and 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code, with the amendments being effective thirty (30) days from City Council approval.

ATTACHMENT

A. Attachment A - Ordinance Amending Montebello Municipal Code Chapters 3.16,

3.20 and 3.21

ATTACHMENT A
ORDINANCE NO. 2447

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 3.16 “CITY
FUNDS,” CHAPTER 3.2 0 “PURCHASING SYSTEM” AND CHAPTER

3.21 “CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES”
OF THE MONTEBELLO MUNICIPAL CODE UPDATING THE CITY’S

REVENUE AND FINANCE PROVISIONS

RECITALS

WHEREAS, California law requires the State Auditor to issue an audit report at least once every three (3) years with recommendations for improvement when a city is designated as high-risk; and

WHEREAS, State Auditor Audit Report 2021-807 (“Report”) was issued to the City of Montebello (“City”) in October 2021, requiring the City to provide a corrective action plan by December 13, 2021, responding to all recommendations made in the Report; and

WHEREAS, the State Auditor Required Corrective Action Plan was created by staff and presented to the City Council on November 10, 2022; and

WHEREAS, the Report states the following relevant recommendations:

A. The City should revise its municipal code to prohibit the purchase of employee gifts with public funds; and

B. The City should create a policy requiring staff to formally document situations when a valid reason exists for deviating from procurement requirements in its municipal code, when the code allows it to do so; and

C. The City should establish a policy that requires contracts to include a maximum value when feasible and should require the City Council to r eview and approve any agreement that binds the City financially and that does not include a maximum value; and

WHEREAS, this Ordinance to amend and update the City’s revenue and finance provisions is in response to the recommendations made by the State Auditor.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:

ORDINANCE NO. 2447

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SECTION 1. The above recitals are true and correct and made part of this Ordinance.

SECTION 2. AMENDMENTS; ADDITIONS . Chapter 3. 16 “City Funds ” of the Montebello Municipal Code is amended and will read as follows ((deletions in strikethrough and additions in double underline):

CHAPTER 3.16

CITY FUNDS

3.16.140 Use of Public Funds
The use of public funds for the purchase of employee gifts shall be prohibited and any use of public funds shall be in conformance with Section 6, Article XVI of the California Constitution.

SECTION 3. AMENDMENTS; ADDITIONS. Chapter 3.20 “Purchasing System” of the Montebello Municipal Code is amended and will read as follows ((deletions in strikethrough and additions in double underline):

CHAPTER 3.20

PURCHASING SYSTEM

3.20.010 Adoption – Purpose.

In order to establish efficient procedures for the purchase of supplies and equipment, to secure the city supplies and equipment at the lowest possible cost commensurate with quality needed, to exercise positive financial control over purchases, to clearly define authority for the purchasing function and to assure the quality of purchases, a purchasing system is adopted.

This chapter also establishes efficient procedures for the adoption and implementation of the provisions of the California Uniform Construction Cost Accounting Act [Section 22000, et seq. of the Public Contract Code]) as they relate to public works defined under Public Contract Code 22002.

3.20.020 Purchasing officer.

The director of finance shall be ex officio purchasing officer under the direction of the city manager and the words "purchasing officer" as used in this chapter shall be deemed to refer to the director of finance or his or her duly authorized designee. The purchasing officer shall have the duty and authority to:

ORDINANCE NO. 2447

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A. Purchase or contract for supplies and equipment required by any using agency in accordance with purchasing procedures prescribed by this chapter, such administrative regulations as the purchasing officer shall adopt and such other rules and regulations as shall be prescribed by the city council; B. Negotiate and recommend execution of contracts for the purchase of supplies and equipment;
C. Act to procure for the city the needed quality in supplies and equipment at least expense to the city;
D. Discourage uniform bidding and endeavor to obtain as full and open competition as possible on all purchases;
E. Prepare and recommend to the city council rules governing the purchase of supplies and equipment for the city;
F. Prepare and recommend to the city council r evisions and amendments to the purchasing rules;
G. Keep informed of current developments in the field of purchasing, prices, market conditions and new products;
H. Prescribe and maintain such forms as are reasonably necessary to the operation of this chapter and other rules and regulations;
I. Supervise the inspection of all supplies and equipment purchased to ensure uniform conformance with specifications;
J. Recommend the transfer of surplus and unused supplies and equipment between departments as needed and the sale of all supplies and equipment which cannot be used by any agency or which have become unsuitable for city use;
K. Maintain a bidders' list, vendors' catalog file and records needed for the efficient operation of the purchasing department function.

L. Maintain a list of duly authorized designees and the authorization limits, which shall be less than fifty thousand dollars ($50,000) for each designee.

3.20.030 Exemptions from centralized purchasing.

The purchasing officer, with approval of the city council, may authorize, in writing, any agency to purchase or contract for specified supplies and equipment independently of the purchasing department function, but he shall require that such purchases or contracts shall be made in conformity with the procedures established by this chapter and shall further require periodic reports from the agency on the purchases and contracts made under such written authorization.

3.20.040 Requisitions.

Using agencies shall submit requests for services, supplies and equipment to the purchasing officer by standard requisition forms.

ORDINANCE NO. 2447

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3.20.050 Conformance with bidding procedures.

Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:

A. Emergency Procurement: When an emergency, as determined by the purchasing agent with the approval of the city manager in writing , is deemed to require that an order be placed with the nearest available source of supply; B. Sole/Single Source Goods and/or Services: When the supplies and equipment needed can be obtained from one source only , such that written declaration of such will be required and noted by standard forms;
C. Standardization of Goods and/or Services: When goods and /or services are required to maintain consistent operation or function to an existing technology or public safety system or program already in use by the City. Examples of items lending themselves to standardization are computer equipment, computer hardware and software products, public safety equipment such as ammunition, ballistic vests, light bars, mobile radios, camera systems, and fire apparatus.

The purchasing officer shall have discretion in determining what goods and/or services fall within this category;
DC. City Council Authorization: When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above- mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same; or
ED. Less than Two Thousand Dollars: When the amount of the purc hase involved is less than two thousand dollars ($1,999 or less) and cumulative citywide purchases from a single vendor/consultant/firm/etc. have not exceeded this amount during the fiscal year (July 1 – June 30);
F. Cooperative Purchase - Purchases for goods and/or services that are identical or nearly identical in scope to the goods and/or services listed in any valid, current and competitively bid cooperative governmental purchase program. Pricing shall be the same or better than the pricing contained in the cooperative purchase agreement. For the purposes of this Section, the term “cooperative governmental purchase program” means any combination between the City and any other public agency or public agencies for the joint purchase of goods and/or services.

G. Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the City, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.

ORDINANCE NO. 2447

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H. Professional Services - Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this Article. The term “professional services” means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers, accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.

I. Solicitation of Bids with No Response: Where competitive bids or proposals have been solicited and no bid or proposal has been received. In such a situation the Purchasing Manager may proceed to have the services performed or the goods procured without further competitive bidding;
JH. Compliance: Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended.

KI. Maximum Contract Term: Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years.

Any use or application of the bidding procedure exceptions listed herein for the purchase of supplies and equipment for city use shall require the making of a written record of such use or application, including the existence of a valid reason for such use or application. This written record shall be kept for at least five (5) years.

3.20.060 Use of purchase orders.

A. The purchase of goods and /or services including contracts and/or professional services agreements totaling three two thousand dollars ($2, 000) or more shall be made by purchase order. Exceptions may be processed by request for warrant and shall be limited to dues and subscriptions,; travel, and registration costs for training, conferences and meeting expenses, postal services, courier servic es, telephone, gas, electricity, water, internet, cable, cellular and other utilit yies, and postal services,; and payments that are not good and/or service items such as, pay for elected officials, commissions, police reserve and auxiliary firefighters ,; stipends, honorariums, pass -through payments, donations, legal fees, legal settlements, claims and expenses, reimbursements, refunds, replenishment of petty cash funds, contracts, debt service, letter of credit fees, payments to other government agencies, FICA, PERS, employee group insurance, workers' compensation premiums, claims and expenses ; insurance premiums, and any other required payroll function/personnel related payments. claims and expenses; reimbursements, refunds and replenishment of petty cash funds; contracts; debt payments; and payments to other government agencies.

ORDINANCE NO. 2447

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B. Also exempted is the purchase of inventory stock replenishment for all stores materials. Such purchases shall be transacted with a purchase requisition form.

C. The finance dir ector may authorize any variance up to ten percent of the original purchase order price, in addition to sales tax and shipping.

D. No commitment or contract with a definitive term may exceed five years.

3.20.070 Unencumbered funds required for purchase order issuance.

Except in cases of emergency, the purchasing officer shall not issue any purchase order for services, supplies or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged.

3.20.080 Formal contract procedure.

Except as otherwise provided herein, purchases and contracts for supplies and equipment of an estimated value of fifty thousand dollars ($50,000) or more for contracts which do not constitute a public project as defined by Section 22002 of the Public Contract Code, shall be by written contract with the lowest responsible bidder pursuant to the procedure prescribed herein.

A. Notice Inviting Bids. Notices inviting bids shall include a general description of the articles to be purchased, shall state where bid blanks and specifications may be secured and the time and place for opening bids.

1. Published Notice. Notices inviting bids shall be published at least ten (10) days before the date of opening of the bids. Notice shall be published at least once via the City’s website or in a newspaper of general circulation, printed and published in the city, or if there is none, it shall be posted in at least three public places in the city that have been designated by ordinance as the places for posting public notices.

2. Bidders' List. The purchasing officer shall also solicit sealed bids from all responsible prospective suppliers whose names are on the bidders' list or who have requested their name be added thereto.

3. Bulletin Board. The purchasing officer shall also advertise pending purchases by a notice posted on a public bulletin board in the city hall.

B. Bidders' Security. When deemed necessary by the purchasing offi cer, bidders' security may be prescribed in the public notices inviting bids. Bidders shall be entitled to return of bid security; provided that a successful bidder shall forfeit his bid security upon refusal or failure to execute the contract within ten ( 10) days after the notice of award of contract has been mailed made, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidders' security shall be applied by the city to the ORDINANCE NO. 2447

Page 7 of 19 ends

difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

C. Bid Opening Procedure. Sealed bids shall be submitted to the purchasing officer and shall be identified as bids on the envelope or via electronic method. Bids shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be open for public inspection via the City’s website or posted during regular business hours for a period of not less than thirty calendar days after the bid closing.

D. Rejection of Bids. In its discretion, the city council may reject any and all bids presented and re-advertise for bids.

E. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder except as otherwise provided herein.

F. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay or re -advertising for bids, the city council may accept the one it chooses or accept the lowest bid made by negotiation with the tie bidders at the time of bid opening.

G. Performance Bonds. The city council shall have authority to require a performance bond before entering a contract in such amount as it shall find reasonably necessary to protect the best interests of the ci ty. If the city council requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

H. No commitment or contract with a definitive term may exceed five years unless determined to be in the public’s best interest by the city council.

3.20.090 Open market procedure.

Purchases of supplies and equipment of an estimated value in the amount of less than fifty thousand dollars ($50,000) for contracts which are not for a public project as defined by Section 22002 of the Public Contract Code, may be made by the purchasing officer in the open market without observing the procedure prescribed by Section

3.20.080.

A. Minimum Number of Bids. Open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder.

B. Notice Inviting Bids. The purchasing officer shall solicit bids by written requests to prospective vendors or by telephone or by electronic mail (email) or by public notice posted on a public bulletin board in the city hall.

C. Written Bids. Written bids or quotations shall be submitted to the purchasing officer or designee who shall open them a nd keep a record of all open market orders and bids for a period of one year after the submission of bids or the ORDINANCE NO. 2447

Page 8 of 19 ends

placing of orders , or as long as directed by a city council adopted records retention schedule. This record, while so kept, shall be open to public inspection.

D. No commitment or contract with a definitive term may exceed five years.

3.20.100 Inspection and testing.

The purchasing officer shall inspect supplies and equipment delivered to determine their conformance with the specifications set forth in the order or contract. The purchasing officer shall have authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with specifications.

3.20.110 Bidding procedure prescribed.

Whenever bids are required by law or by this code for the letting of contracts, the doing of work or the furnishing of supplies, equipment or materials, all of the steps, acts and proceedings required by law or by this code shall be fully complied with, an d in particular and supplementary to the acts, steps and procedures, the procedure hereinafter set forth in this section regulating the notices inviting bids, the publication and posting of the notices, and the opening of the bids shall be followed:

A. Notice—Contents. The notice inviting bids shall set a date for the opening of bids. All such notices, whether mailed, published, or posted, shall state the date, the hour, and the place at which the bids called for are to be opened, and shall also state the date, the hour, and the place of the city council meeting at which the city council intends to take action on the bids.

B. Bids—Opening. All bids shall be returnable to the purchasing officer or to the office of the city clerk, and at the hour and date stated in the notice, all bids shall be publicly opened at the office of the city clerk in the presence of the city clerk, purchasing officer, a representative of the department, or departments, to which the purchase or contract is to be charged, and all ot her interested parties who wish to attend and witness the opening of the bids. As each bid is opened, it shall be read aloud so that all persons interested in the bidding may hear the contents thereof, although no more of the bid need be read or announced than would ordinarily be announced in an open city council meeting for the same purpose. From and after the time of their opening, the city clerk shall, upon request of any interested party, read or give such further information from the bid as may be requested.

C. Bids—Compiling. After they have been opened, all bids shall be examined and studied by the city clerk, purchasing officer and any other officials necessary for the proper analysis of the bids to see if they comply with the notice inviting bids and are in all other respects in good order. A report shall then be made by the appropriate department to the city council announcing the results of the ORDINANCE NO. 2447

Page 9 of 19 ends

investigation and particularly designate which bid is found to be the lowest bid, the next lowest bid, and all of the other bids in ascending order of the figure or figures quoted.

D. Bids—Report—Awarding.

1. At the meeting of the city council at which the bids are acted upon, the report shall be read publicly and the bid of the lowest bidder shall be publ icly announced.

2. After having complied with the foregoing procedure, the city council shall proceed in accordance with applicable provisions of law or this code either to award the bid and to let the contract therein referred to, or to take such other action as may be authorized by law.

E. Officer—Deputies. In the absence of the city clerk or purchasing officer, a duly authorized assistant or deputy may act in his place.

3.20.120 Joint purchasing agreements.

A. Whenever the city council finds that the public interest and convenience require, it may enter into joint purchasing agreements for the acquisition of city services, supplies and /or equipment, with any other public agency; provided, that such agreements are authorized by the laws of the state.

B. The provisions of this chapter shall not apply to purchases made under such an agreement: provided, that the city council shall, by resolution, prior to the execution of such an agreement, establish rules for administrative practices to be followed by the purchasing agent with respect to such joint purchasing agreements.

3.20.125 Piggybacking purchasing agreements.

A. The purchasing officer may arrange for the city and enter into purchase contracts with a vendor(s) for the purchase of supplies, equipment, services, including but not limited to materials, vehicles and apparatus, the pricing and terms of which have been previously established by another local, county, state, federal or other public entity, school district, League of California Cities, Cal ifornia Communities Program, or other nonprofit association or group consisting of governmental entities, provided that:

1. The purchase contract with the vendor(s) is the result of competitive bidding or negotiation and is made in compliance with the com petitive bid or proposal requirements of any participating entity or organization;

2. The purchase is made within two years of the competitive bid or negotiation; The agreement or purchase order must be valid/not expired and the vendor/consultant has prov ided written authorization for the city to make purchases using the same (or lower) pricing.

3. The purchase conforms to the city's specifications for the item or service; and ORDINANCE NO. 2447

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4. The estimated price of the purchase is lower than that estimated for the purchase if made directly by the city pursuant to this chapter.

B. Notwithstanding subsection 3.20.125(A), approval of a "piggyback" purchasing agreement pursuant to this section shall be obtained from city council for an award of a purchase in an amount exceeding of fifty thousand dollars ($50,000) or more.

3.20.130 Local vendor preference.

A. Whenever practical, the purchasing officer shall first ascertain the availability of goods and services from responsible local sources within city limits before considering outside sources and, if available, shall (as provided for in Section

3.20.050) solicit formal and/or informal bids from responsible local sources seeking the best price, quality, and delivery possible that best serves the interests of the city.

B. The purchasing officer may seek competitive pricing outside the city when it is determined that the best interests of the city related to price, quality and delivery will not be served by local sources.

C. The purchasing officer may establish competitively priced purchase agreements, open purchase, and blanket purchase orders with responsible local vendors via written quotes or negotiated agreement as provided for in Section 3.20.050.

D. For purposes of determining final cost, City of Montebello vendors may be allowed a one percent allowance in determination of low bid based upon estimated sal es and business tax return and local service convenience, except when such an allowance is prohibited by the grantor of funds to purchase such goods and services. All requests for sealed bids must include notification of local vendor allowance.

3.20.135 Splitting purchases – financial interest prohibited.

A. No officer or employee of the city or its agencies shall split or separate a purchase/procurement of services, supplies and/or equipment for the purpose of evading the dollar amount bid threshold provisions of this chapter. The acquisition of services, supplies and/or equipment shall be made with a single contract covering all services to be provided.

B. No city employee who participates in the selection or approval of a vendor supplying services, supplies and/or equipment to the city, nor any person who has supervisory responsibility for any such employee, shall have a direct financial interest in any business entity under consideration.

3.20.140 Public works projects (uniform public construction cost accounting act).

A. Adoption of Uniform Public Construction Cost Accounting Act. The city has elected to be subject to the Uniform Public Construction Cost Accounting Act (hereinafter referred to as the "UPCCA" or the "Act"). City contracts for public projects and maintenance work shall be governed by applicable state laws including the Act, Public Contract Code Section 22000 et seq, and the California Uniform Construction ORDINANCE NO. 2447

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Cost Accounting Commission's (hereinafter, "UPCCA Commission") policies and procedures manual and cost accounting review procedures, as amended from time to time.

The term "public works" shall mean the same as the term "public project," as defined by the Act, which means any of the following: (1) construction, reconstruction, erection, alteration, renovation, improvement, demolition, and repair work involving any publicly owned, leased, or operated facility; (2) painting or repainting of any publicly owned, leased, or operated facility; and (3) in the case of a publicly owned utility sy stem, "public project" shall include only the construction, erection, improvement, or repair of dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.

The term "maintenance work," as defined by the Act, includes: (1) routine, recurring, and usual work for the preservation or protection of any publicly owned or publicly operated facility for its intended purposes; (2) minor repainting; (3) resurfacing of streets and highways at less than one inch; (4) landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and (5) work performed to keep, operate, and maintain publicly owned water, power, or waste dispos al systems, including, but not limited to, dams, reservoirs, power plants, and electrical transmission lines of two hundred thirty thousand volts and higher.

Public projects and maintenance work shall be procured through the procedures and at the monetary thresholds set forth in the Act and as further described in this chapter.

B. Pre-Bid Contractors List for Public Projects and Maintenance Work. The city shall develop and maintain a list of qualified contractors, identified according to categories of work for all projects and any scheduled projects, on an annual basis in accordance with the Act (Public Contract Code Section 22034(a)).

C. Contracts for Public Projects and Maintenance Work of Sixty Thousand Dollars or Less. Public projects and maintenance work of sixty thousand dollars or less (or the current amount specified in the Act) may be performed by city employees, by force account, by negotiated contract or by purchase order. Where it is anticipated that a project may be conducted and finished at a cost of sixty thousand dollars (or the amount as specified the Act) or less, the city manager or his/her designee is authorized to approve the project, provided the expenditure is within the approved budget.

D. Contracts for Public Projects and Maintenan ce Work of Two Hundred Thousand Dollars or Less. Public projects and maintenance work estimated to cost two hundred thousand dollars (or the amount as specified in the Act) or less may be procured through the following informal procedures prescribed by the Act:

1. Notice Inviting Informal Bids. The city manager or his/her designee shall send a notice inviting informal bids not less than ten calendar days before bids are due to: (a) all contractors on the list of qualified contractors developed by the UPCCA ORDINANCE NO. 2447

Page 12 of 19 ends

Commission; or (b) all contractors on the list of qualified contractors and to the designated construction trade journals specified in Section 22036 of the Public Contract Code. The notice inviting informal bids shall describe the project, how to obtain m ore detailed information about the project, and the time, date and place for the submission of bids. Additional contractors and/or construction trade journals may be notified at the discretion of the department soliciting bids, provided however:
a. If there is no list of qualified contractors maintained by the city for the particular category of work performed, the notice inviting bids shall be sent only to the construction trade journals specified by the commission. b. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting informal bids may be sent exclusively to such contractor or contractors.

2. Distribution of Bid Documents. B id documents may be transmitted and/or received via mail, facsimile, or email notice inviting informal bids to all construction trade journals specified in Section 22036 of the Public Contract Code.

3. Award of Contracts. The city manager or his/her designee is authorized to award such informal Public projects and maintenance work, provided the expenditure is within the approved budget and in a form approved by the city attorney. The city manager or his/her designee may, at his/her sole discretion, reject any or all bids presented and waive any minor irregularity or informality in such bids. The contract shall be awarded to the lowest responsive, responsible bidder. If two or more bids are the same and the lowest, the city manager may accept the one he/she chooses. If no bids are received through the informal procedure, the project may be performed by city employees, by force account or negotiated contract without further complying with this section.

4. Informal Bids Between Two Hundred Thousand Dollars and Two Hundred and Twelve Thousand Five Hundred Dollars. If all bids received are in excess of the amount specified in this section, the city council may, by adoption of a resolution by a four -fifths vote, award the contract, at two hundred and twelve thousand five hundred dollars or less, to the lowest responsible bidder, if it determines the cost of the estimate of the city was reasonable.

E. Contracts for Public Projects and Maintenance Work Greater Than Two Hundred Thousand Dollars. Public Projects and Maintenance Work of more than two hundred thousand dollars (or the current amount as specified in the Act) shall be procured through the following formal bidding procedures prescribed by the Act:

1. Notice Inviting Formal Bids. The city manager or his/her designee shall publish a notice inviting formal bids for public projects and maintenance work at least fourteen calendar days before the bid opening date in a newspaper of general circulation in the city. Additionally, the city manager or his/her designee shall ORDINANCE NO. 2447

Page 13 of 19 ends

send a notice inviting formal bids to all contractors on the list of qualified contractors and to the designated construction trade journals specified in Section 22036 at least fifteen calendar days before bids are due. The notice shall describe the project, how to obtain more detailed information about the project, and the time and place for submission of bids.

2. Bidder's Security. All bids presented in connection with the public project shall be accompanied by bidder's security in the form and amo unt prescribed by Public Contract Code Section 20170, which security shall be dealt with as prescribed therein. In all cases bidders shall be entitled to return of bid security provided that a successful bidder shall forfeit its bid security upon refusal or failure to execute the contract within ten days after the notice of award of contract has been mailed, unless the city is responsible for the delay. The city council may, on refusal or failure of the successful bidder to execute the contract, award it to the next lowest responsible bidder. If the city council awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the city to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder.

3. Bid Opening Procedure. Sealed bids shall be submitted to the department identified in the invitation for bid documents and shall be identified as bids on the envelope. Bids shall be opened in public at the time and place stated in the public notice. A tabulation of all bids received shall be open for public inspection during regular business hours for a period of not less than thirty calendar days after the bid opening.

4. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsible bidder. The city council may, in its sole discretion, waive minor irregularities in the bids or in the bidding procedures. The city council may reject all bids presented, and re-advertise for bids.

5. Tie Bids and No Bids. If two or more bids are the same and the lowest, the city council may accept the one it chooses. If no bids are received through the formal procedure, the project may be performed by city employees, by force account or negotiated contract without complying with this section.

6. Rejecting Bids and Performing Project through City Employees. In its discretion, the city council may reject any bids presented, if the city, prior to rejecting all bids and declaring that the project can be more economically performed by employees of the city, furnishes a written notice to an apparent low bidder. The notice shall inform the bidder of the city's intention to reject the bid and shall be mailed at least two business days prior to the hear ing at which the city intends to reject the bid. If after the first invitation of bids, all bids are rejected, the city shall reevaluate its cost estimates of the project and either:
a. Abandon the project or re- advertise for bids in the manner described by this section; or
ORDINANCE NO. 2447

Page 14 of 19 ends

b. May have the project completed by force account without further complying with this section, if it passes a resolution by a four-fifths vote of the city council declaring that the project can be performed more economically by the employees of the city.

7. Performance Bonds. The department head shall have authority to require a performance bond before entering a contract in such amount as he or she finds reasonably necessary to protect the best interests of the city. If the city manager requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids.

F. Emergencies.

1. In cases of emergency when repair or replacements are necessary, the city council, pursuant to a four-fifths vote, may proceed at once to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts. The work may be done by day labor under the direction of the city council, by contr actor, or by a combination of the two. The city council's authority under this section may be exercised pursuant to Public Contract Code Section 22035.

2. In case of emergency, if notice for bids to let contracts will not be given, the city shall comply w ith Chapter 2.5 of Part 3 of Division 2 of the Public Contracting Code (commencing with Section 22050).

3. City council delegates to the city manager, the authority to order any direct and immediate action necessary to repair or replace a public facility, procure the necessary equipment, services and supplies for the purposes of addressing an emergency, without giving notice for bids to let contracts per Paragraph 2 of this section. If the city manager orders any action specified under this section, the city manager shall report to city council at its next meeting as required under Section 22050 of the Public Contract Code.

SECTION 4 . AMENDMENTS; ADDITIONS . Chapter 3.21 “Contracts for Professional and Special Services” of the Montebello Municipal Code is amended and will read as follows ((deletions in strikethrough and additions in double underline):

CHAPTER 3.21

CONTRACTS FOR PROFESSIONAL AND SPECIAL SERVICES

3.21.010 Definitions.

For purposes of this chapter, the following words shall have the following meanings:
"Professional/special services" means services which require special performance criteria; special or specific equipment; specific experience, knowledge, training, personal judgment, quality of work or factors other than simply obtaining the service at the lowest cost to the city. Such services include, but are not limited to, those provided by attorneys, ORDINANCE NO. 2447

Page 15 of 19 ends

architects, engineers, land surveyor s, construction managers, appraisers, experts, accounting firms, security firms, computer consultants/programmers and/or other specialized consultants. Professional/special services do not include services rendered by city officers or employees.

3.21.020 Experience and qualifications of professional/special service providers.

A. In contracting for professional/special services, such contracts shall only be awarded to firms or persons who have demonstrated adequate levels of experience, competence, resources/equipment, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required in the time period needed.

B. Once the department requesting the professional/special service has determined a firm has an adequate level of competence, the cost of the service may be considered, however, price may not be the sole factor in determining to whom a contract shall be awarded. The city's best interests may be served by awarding the contract to a higher priced contractor based on the scope of services available, unique skills, staffing levels, timing, prior experience, past working relationship, and other factors required by the department or proposed by the contractor.

C. No commitment or contract with a definitive term may exceed five years.

3.21.025 Conformance with bidding procedures.

The acquiring of professional/special services shall be made and accomplished in conformity with Section 3.21.050 or Section 3.21.060 except:

A. When an emergency, as determined by the purchasing agent with the written approval of the city manager, is deemed to require that an order be placed with the nearest available source;
B. When the professional/special services needed can be obtained from o ne source only;
C. When the city council by a four -fifths vote determines to dispense with such bidding and other procedures required by the above-mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same; or D. When the amount of the professional/special services involved is less than two thousand dollars ($1,999 or less).

E. Compliance with the requirements set forth in the provisions of this chapter shall apply to all contracts awarded after the effective date of this subsection, as may be amended.

ORDINANCE NO. 2447

Page 16 of 19 ends

F. Notwithstanding the exceptions under this section, no commitment or contract with a definitive term may exceed five years.

G. Nothing shall be construed to preclude the city from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this Article. The term “professional services” means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers , accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.

Any use or application of the bidding procedure exceptions listed herein for the acquisition of professional/special services shall require the making of a written record of such use or application, including the existence of a valid reason for such use or application. This written record shall be kept for at least five (5) years.

3.21.030 Request for proposals.

The acquiring of professional/special services shall be procured through a negotiated contract and should include a request for proposals ("RFP"), unless Section 3.21.025 or Section 3.21.050 applies.

3.21.040 Decentralized bid solicitation.

Soliciting bids for professional/special services is decentralized and shall be the responsibility of the department director requesting the service; however, the city manager may be contacted to assist with bids requiring the formal sealed RFP process set forth in Section 3.21.060.

3.21.050 Contracts for less than fifty thousand dollars ($50,000).

The following procedure shall be used when seeking professional/special services estimated to have an annual cost of less than fifty thousand dollars ($49,999 or less).

A. In nonemergency situations, the requesting department shall contact a minimum of three consultants or firms.

B. Unless the city council authorized the entering into or the award of a specific contract for professional/special services, the city manager shall approve in writing the award of all such contracts, taking into consideration the recommendation of the department director requesting the professional/special services at issue.

ORDINANCE NO. 2447

Page 17 of 19 ends

C. The city manager or his or her duly authorized designee is authorized to approve in writing professional/special service contracts with an annual estimated cost of less than fifty thousand dollars ($49,999 or less).

3.21.060 Contracts of fifty thousand dollars ($50,000) or more.

The following procedure shall be used when seeking professional/special services estimated to have an annual cost of fifty thousand dollars ($50,000) or more.

A. In nonemergency situations, departments shall utilize the following formal sealed RFP process:

1. A formal sealed RFP template shall be developed for solicitation of professional services contracts of fifty thousand dollars ($50,000) or more.

2. The department shall advertise in appropriate publications , electronic purchasing databases and/or use the professional services listings, as available, during the solicitation process.

3. Notice inviting RFP's shall be posted at city hall, an appropriate and recognized electronic purchasing database and on the city's website at least fourteen (14) calendar days before the due date of submission of the RFP, when reasonably possible.

4. The notice shall at least describe the general type of service needed, how the RFP minimum scope of work can be obtained, the requirement of a written sealed proposal, state the closing date, place, and time for submission of the RFP.

5. Sealed request for proposals shall be submitted directly to the requesting department through an approved process, as designed and determined by the purchasing officer and need not be opened publicly.

6. Departments shall analyze proposals for compliance with RFP requirements, value of the total scope of services and make a recommendation to city council for selection or for follow up interviews with those consultants/firms submi tting proposals.

B. Contracts for professional/special services of fifty thousand dollars ($50,000) or more require the approval of the city council and the signature of the mayor, or in his or her absence, the mayor pro tempore, pursuant to the provisions of Gov.

Code Sections 40601 and 40602 unless specifically delegated as part of the city council approval action.

C. Contracts for professional/special services shall be on the city's standard form and shall be reviewed and approved as to form by the city attorney.

D. No commitment or contract with a definitive term may exceed five years.

ORDINANCE NO. 2447

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3.21.070 City manager authority to execute certain contracts.

The city manager or his or her duly authorized designee shall be authorized to sign on behalf of the city all contracts for professional/special services, which are less than a total contract amount of fifty thousand dollars ($50,000) in any one fiscal year period.

3.21.080 Splitting purchases or contracts – financial interest prohibited.

A. No officer or employee of the city or its agencies shall split or separate a purchase/procurement of professional/special for the purpose of evading the dollar amount bid threshold provisions of this chapter. The acquisition of professional/special services should be made with a single contract covering all services to be provided.

B. No city employee who participates in the selection or approval of a professional/special service provider, nor any person who has supervisory responsibility for any such empl oyee, shall have a financial interest in any professional/special service provider business entity under consideration.

SECTION 5. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the Council.

SECTION 6. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.

APPROVED AND ADOPTED this ______
th day of ____________ 2022.

_______________________________
Kimberly A. Cobos-Cawthorne, Mayor

ATTEST:

________________________
Christopher Jimenez, City Clerk

ORDINANCE NO. 2447

Page 19 of 19 ends

APPROVED AS TO FORM:

__________________________
Arnold M. Alvarez-Glasman, City Attorney

I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 26th day of January 2022 and was adopted by the City Council of the City of Montebello at its meeting held on the _____th day of ___________ 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Christopher Jimenez, City Clerk

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: A
rnold M. Alvarez-Glasman, City Attorney
SUBJ
ECT: AB 361 Findings
DAT
E: January 26, 2022

RECOMMENDATIONS
It is recommended that the City Council:
1) Recei
ve and file this report and make the following findings: (a) The City Council has reconsidered the circumstances of the state of emergency ; and (b) the following circumstances exist , (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing.
2) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
None.

DISCUSSION
Recently the Governor signed into law AB 361 which established additional requirements upon local governmental agencies concerning public participation during the COVID - 19 pandemic and State of Emergency period. In order to comply with AB 361, on October 13, 2021 the City Council adopted Resolution No. 21-85 as follows:

A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

AUTHORIZING THE CITY TO IMPLEMENT TELECONFERENCED OPEN
MEETINGS PURSUANT TO ASSEMBLY BILL 361
ITEM # 7
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 AB 361 Findings

Page 2 of 2 ends

One of the requirements of AB 361 as found in Government Code Section 54953(e)(3) is if a state of emergency remains active, or state or local officials have imposed or recommended measures to promote social distancing, in order to continue to teleconference without posting or other Brown Act compliance requirements the legislative body/City Council shall every 30 days after adopting the initial Resolution, make the following findings by majority vote:

(A) The legislative body has reconsidered the circumstances of the state of emergency.

(B) Any of the following circumstances exist (i) The state of emergency continues to directly impact the ability of the members to meet safely in person or (ii) State or local officials continue to impose or recommend measures to promote social distancing.

SUMMARY
The action for consideration is to receive and file this report and confirm the following findings required by AB 361 and Government Code Section 54953: (a) The City Council has reconsidered the circumstances of the state of emergency; and (b) Both of the following circumstances exist, (i) the state of emergency continues to directly impact the ability of the members to meet safely in person and (ii) the City Council continues to provide measures such as remote or hybrid meeting participation to promote social distancing.

ATTACHMENTS:

None.

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: J
ames Enriquez, Director of Public Works / City Engineer SUBJ
ECT: Updated Report of Emergency Repair and Replacement of the Beach Street Storm Drain
DAT
E: January 26, 2022
RECOMMENDATIONS:

It
is recommended that the City Council:
1) Rec
eive and file the City Manager’s updated report of the emergency repair of the Beach Street Storm Drain pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
Th
ere is no new information to report regarding fiscal impacts.

BACKGROUND
On D
ecember 14, 2021, the Director of Public Works received an email from Los Angeles County Department of Public Works (LACDPW) Stormwater Maintenance staff no tifying the City of damage to the dirt slope at the outlet of the Beach Street Storm Drain near the intersection of Beach Street and Bluff Road. LACDPW requested the City’s immediate attention to this matter.

In r
esponse to this email, Public Works contacted LACDPW staff and met them at the site on December 16 th to inform them that an underground contractor (Mike Bubalo Construction Co.) was on standby to complete emergency repairs prior to the storms forecasted for the following week. LACDPW issued a perm it for temporary repairs and ITEM # 8
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 Updated Report of Emergency Repair and Replacement of the Beach Street Storm Drain

Page 2 of 2 ends

agreed to meet at the site on Monday (December 20th) once the contractor had completed exploratory excavation and the City had developed a plan of action for repairs that could be completed before the rain forecasted to begin on Thursday (December 23 rd). The meeting occurred in the afternoon on Monday (December 20 th) and the County agreed to the proposed temporary repairs.

T
he contractor completed the temporary emergency repairs on January 3rd.

O
n January 12, 2022, the City Council authorized the City Manager to finalize an agreement with Mike Bubalo Construction Co. for the replacement of the storm drain within Beach Street for an amount not -to-exceed $390,000. The work is scheduled to commence on January 24, 2022. Staff went door-to-door to notify the residents immediately adjacent to the work. The work is anticipated to be completed in three to four weeks.

SUMMARY
S
taff will continue to coordinate the completion of the emergency work and updated reports will be included at each regularly scheduled City Council Meeting until the work is completed.

CITY O

F MONTEBELLO

CITY CO

UNCIL AGENDA STAFF REPORT
TO: Honorabl
e Mayor and City Council Members
FROM: Re
né Bobadilla, P.E., City Manager
BY: Adri
anna Kendricks, Acting Director of Transportation

SUBJECT
: Approve issuing a City wide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-1
DATE: J
anuary 26, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve i
ssuing a Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-1 (RFP No. 22-1); and
2) Take suc
h additional, related, action that may be desirable.

FISCAL IMPACT
There is no fiscal impact related to issuing RFP No. 22- 1. The vehicle maintenance and repair services requested in RFP No. 22-1 will be used by multiple departments (Transit, Police, Public Works, Parks and Rec reation, and Fire) to maintain all c ity-owned and operated vehicles on an as -needed basis . Currently, all required f unding for vehicle maintenance and repair services are included in each department’s Fiscal Year (FY) 2021-2022 budget (e.g., 100-70-720-6080.30, Parks and Recreation Department, Administration, Vehicle Maintenance/Expenses Vehicle Repair and Services ). If necessary, a budget amendment will be recommended at the time of contract award.

BACKGROUND
In August 2012, the City of Montebello (City) awarded Agreement No. 2787-A to Shak Enterprises, Inc., dba Montebello Tire Pros, for vehicle maintenance and repair services for all city-owned vehicles (see attachment “A”). Agreement No. 2787-A was awarded for an initial one-year term with the option to exercise up to five (5) one- year term contract extensions.

ITEM #9
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 Approve issuing a Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-1

Page 2 of 3 ends

In July 2016, the City approved a First Amendment to Agreement No. 2787-A, to extend the agreement for an additional five (5) years ; from August 1, 2016 to August 1, 2021, and continuing on a month-to-month basis at the conclusion of the term (see attachment “B”).

In July 2019, the City approved a Second Amendment to Agreement No. 2787- A, to increase the total compensation due to the vendor for providing vehicle maintenance and repair services to the City for a total not-to-exceed amount of $275,000 for FY 2019-2020 and for a total not-to-exceed amount of $283,250 for FY 2020-2021 (see attachment “C”).

ANALYSIS
With the expiration of Agreement No. 2787 -A as of August 1, 2021, the agreement converted to a month-to-month contract. Since that time, the City determined that the day- to-day vehicle maintenance and repair services for all city -owned vehicles will be conducted in-house by the Transportation Shop Maintenance Division. Therefore, it is necessary and recommended that the City Council approv e issuing RFP No. 22-1 to prospect new vendors and provide local businesses the opportunity to compete to provide these essential services on an as-needed basis. (see Attachment “D”).

A selection process will be used to evaluate proposals based on a combination of qualitative and price considerations. Qualitative considerations include a project management plan, relevant experience and qualifications, technical approach, and quality of proposed personnel.

Proposals will be evaluated in accordance with the following criteria:

Qualitative Considerations

1 Project Management Plan 15 points
2 Proposed Team 10 points
3 Qualifications and Experience 20 points
4 Technical Approach 30 points
5 Best Price Proposal 25 points
Total 100 points

On January 27, 2022, a notice inviting proposals will be published using Planetbids.com, Masstransitmag.com, Transittalent.com, the Wave Newspaper, and the City’s website.

All proposals will be submitted via the Planetbids.com platform. The due date for all proposals is March 24, 2022. It is anticipated that a vendor will be selected by April 2022, with an award of contract presented to the City Council shortly thereafter.

CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 Approve issuing a Citywide Fleet Vehicle Maintenance and Repair Services Request for Proposal, No. 22-1

Page 3 of 3 ends

SUMMARY
Staff recommends City Council approve issuing a City wide Fleet Vehicle Maint enance and Repair Services Request for Proposal, No. 22- 1, to maintain all c ity-owned and operated vehicles on an as-needed basis; and direct staff to take such additional related, action that may be desirable.

ATTACHMENTS:

A. Attachment A – Agreement No. 2787-A
B. Attachment B – First Amendment to Agreement No. 2787-A C. Attachment C – Second Amendment to Agreement No. 2787-A D. Attachment D – Request for Proposal, No. 22-1

ATTACHMENT A

ATTACHMENT B

ATTACHMENT C

City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 22-1

CITYWIDE FLEET VEHICLE MAINTENANCE AND REPAIR SERVICES
January 27th, 2022

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://www.planetbids.com/portal

ATTACHMENT D
RFP No. 22-1
2 City of Montebello

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents

SECTION 2 - GENERAL TERMS AND CONDITIONS 9-19 Addenda
Clarifications
Definitions
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre-Contractual Expenses
City of Montebello Rights
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Scope of Contract
Contractor Responsibilities - General
Supplies, Materials, Equipment and/or Services
Warranties and Guarantees
Service Agreement Guarantee
Intent/Objective and Goals
Performance of Work
Time and Consideration
Liquidated Damages
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria

RFP No. 22-1
3 City of Montebello

SECTION 4 – OTHER REQUIREMENTS 20-31 Contract Documents
Bond Requirements
Parts Operation
Facilities and Equipment
Estimates
Automotive Fleet Management Information System (AFMIS)
Performance Requirement Summary (PRS)
Quality Assurance Program
Record Keeping and Reporting
Contractor Personnel
Total Contract Cost
Contractor's Warranty
Contractor's Contingency Plan
Transition Plan
Continuity of Service

SECTION 5 - QUALIFICATIONS 31

SECTION 6 - SCOPE OF WORK 32-37

SECTION 7 - FORM OF CONTRACT (SAMPLE) 37-49

SECTION 8 - FORMS AND CERTIFICATIONS 50-71 Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution Exhibit B – References
Exhibit C – Insurance
Exhibit D 1 – Price Sheet for Services
D 2 – Turnaround Time Schedule
D 3 – Facility Inspection Report
D 4 – City-Wide Fleet Composition
Exhibit E -- Statement of DBE Participants
Exhibit F – Bidder’s List of sub-Contractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter of Credit Certificate Exhibit K – Bank Draft

RFP No. 22-1
4 City of Montebello

INTRODUCTION

The City of Montebello (“City”) is soliciting proposals (“Proposals”) from highly qualified Contractors (“Contractors”) to provide vehicle maintenance and repair services for over two hundred city-owned and operated vehicles on an as-needed basis. It is essential that the City properly maintain its citywide fleet to ensure reliable and efficient public services are provided to the residents of the City of Montebello and neighboring communities. The services included in Request for Proposal (“RFP”), No. 22-1 (“RFP No. 22- 1”), will be used by multiple departments (e.g., Transportation, Police, Public Works, Recreation and Community, and Fire) that operate city-owned vehicles.

As Los Angeles County continues to recover from the coronavirus pandemic, the City seeks to stimulate economic growth by extending new opportunities to businesses within the local communities. Therefore, the City intends to select a local vendor who possesses the relevant knowledge and experience necessary for the citywide fleet vehicle maintenance and repair services.

RFP No. 22-1
5 City of Montebello

DATE: January 27th, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL NO. 22-1
TITLE: CITY OF MONTEBELLO

CITYWIDE FLEET VEHICLE MAINTENANCE AND REPAIR SERVICES
The City is soliciting Proposals from highly qualified Contractors to provide vehicle maintenance and repair services for all city-owned and operated vehicles. The services included in RFP No. 22-1 will be used by multiple departments (e.g., Transportation, Police, Public Works, Recreation and Community, and Fire) that operate city-owned vehicles.

A Pre-Proposal Meeting will be held on Tuesday, February 15, 2022. The meeting will convene a t 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello.

A facility walk-thru will follow the meeting. Proposers must abide by all Federal, State, local, and City coronavirus (COVID-19) protective measures (e.g., face coverings) at all times while onsite.

It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).

Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]

Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will receive a response in accordance with the guidelines contained herein. Responses will be provided in writing to all prospective Propos ers and posted on the City ’s website. Responses to questions or comments regarding RFP No. 22-1 provided by any other department or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in person will not receive a response.

Proposals must be received by Thursday, March 24, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in RFP No. 22-1. No exceptions will be granted regardless of reason or circumstances.

All Proposals must contain an original signature by an authorized officer of the company.

The successful Proposer will be required to comply with all applicable Equal Opp ortunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to RFP No. 22-1
6 City of Montebello

participate in the performance of contracts and subcontracts financed in part or whole under RFP No. 22- 1, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

The City reserves the right to reject any or all Proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City , and to be the sole judge of the merit s of the respective proposal received.

The City is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services based on race, color, or national origin in accordance with Title VI of the Civil Rights Act of 1964, as amended ("Title VI").

Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with the City. For more information on City’s Civil Rights Program, and the procedures to file a complaint, contact:

Name: Adrianna Kendricks
Title: Acting Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com

You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday January 27th, 2022
Pre-Proposal Meeting Tuesday February 15th, 2022
Deadline to Submit Questions Thursday February 24th, 2022, at 3:00 PM PST Responses to Questions Provided Tuesday March 8th, 2022 Deadline to Submit Proposals Thursday March 24th, 2022, at 3:00 PM PST Presentations & Intent to Award Week of April 11th, 2022

RFP No. 22-1
7 City of Montebello

PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist along with any of the required forms or attachments may be cause for considering the Proposal non- responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8
2 Letter of Transmittal Page # 52
3 Licensing, Permits, Certificates, and Taxes Page # 12 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Price Sheet for Services
Turnaround Time Schedule
Facility Inspection Report
City-Wide Fleet Composition

Exhibit D

8 Statement of DBE Participants Exhibit E
9 Bidder’s List of sub-Contractor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension, and Other Responsibilities Primary Covered Transactions
Exhibit G
11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Stand-By Letter of Credit Certificate Exhibit J 14 Bank Draft Exhibit K

OPTIONAL ITEMS
15 Requests for exceptions or deviations Page # 8

Company Name:

Name of Proposer initialing document (print):

The email address of Company Contact:

Signature:

Title:

Date:

RFP No. 22-1
8 City of Montebello

SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal (accessed through the City’s official website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html) up to the hour of 3:00 p.m. on Thursday, March 24, 2022.

All Proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.

Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK

Proposals shall be typed, single -spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the Proposers' references have been checked. All Proposals shall be accompanied by a completed and signed Letter of Transmittal provided as a part of RFP No. 22-1.

All requests for exceptions or deviations as a result of RFP No. 22-1 shall be identifiable by a separate section of the Proposer’s submitted Proposal for review by the City. It shall be the right of the City to accept or reject any portion of the submitted requests.

Proposals shall be submitted in accordance with th e form prescribed herein. Failure to respond in this manner may render the Proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the Proposal non -conforming and non-responsive and may cause its rejection. The completed Proposal shall be without interlineations, alterations, or erasures. Proposer s submitting basic conforming Proposals may choose to submit alternate Proposals as complete and separate offers if the alternate Proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate Proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.

Proposal documents shall be deemed to include by reference each one of the following:

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms

RFP No. 22-1
9 City of Montebello

EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a Proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under RFP No. 22-1, (2) Proposer comprehends all conditions that may impact the Proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods, and services necessary to perform the Scope of Work and/or meet the specifications outlined in RFP No. 22-1, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the documents in RFP No. 22-1. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions, and the agreement (“Agreement”) shall not be cause to alter any term of the Agreement nor shall such failure provide valid grounds for a Proposer to withdraw its Proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in RFP No. 22-1 will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements outlined in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a Proposer require clarifications of RFP No. 22 -1, the Proposer shall notify the City’s Point of Contact in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. The previously mentioned addendum shall be posted on the PlanetBids.com web page.

All questions, clarifications, or comments must be submitted no later than 3:00 PM, Tuesday, March 8, 2022. No questions will be answered individually by the City.

Requests for clarification, questions, and comments must be posted on the PlanetBids.com Q & A section.

The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarifications, comments , and questions will be communicat ed via PlanetBids.com. Every attempt will be made to respond to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

Requests for clarifications and questions should be formatted in the following manner:

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question
RFP No. 22-1
10 City of Montebello

DEFINITIONS

Proposer/Vendor/
Contractor
Any manufacturer, firm, company, or agency providing services, equipment, software, or supplies for this RFP.

User Department The various City departments utilizing the services, provided under this contract from Contractor.

Customer Vehicle
Coordinator
Individual(s) assigned by a City Department to be responsible for initiating, reviewing, and approving vehicle equipment repairs, disposals, specifications, and maintenance on behalf of that user department.

City The City of Montebello, a municipal corporation.

Contract The final, written agreement executed by the City and the successful Proposer which sets forth the rights and obligations of the Parties in connection with the Work, and which will be included with the Contract Documents.

Notice to Proceed Purchase Order issued from the City to the successful Proposer specifying the date on which the Work under the Contract is to be initiated.

RFP Request for Proposal
Specifications Part of the contract documents that adequately and completely describes the locations, dimensions, character, properties, requirements, and details of the Work. Contract specifications include, without limitation, all things described, referenced, or state d in any Contract document as a “Specification”,” Statement of Work” or “Scope of Work” or “Scope of Services.”
City Recognized
Holidays
The Holiday schedule changes each year, and therefore contractor shall obtain an annual update of recognized holidays.

Downtime/Vehicle
Turnaround Time
Standards
Downtime shall mean the percentage of time a piece of equipment is unavailable for use due to a need for repair or preventive maintenance work.

Work Any and all of the labor, material, services, supervision, tools, machinery, equipment, supplies, facilities, and support used by the Proposer to generate the results specified, indicated, or implied in the requirements described in the contract Statement of Work and/or Specifications.

Defect Patent or latent malfunction of failure in manufacture or design of any component or subsystem that causes a product to cease operating or causes it to operate in a degraded mode.

Automotive Fleet
Management
Information
System (AFMIS)
The Independent Service Contractor (ISC) shall have a fleet management information system that shall be used to track City vehicles, assigned to this contract, and shall include the ability to track and report the following: Prev entative Maintenance, Schedule Maintenance, Parts usage, by vehicle, Parts Expenditures by Vehicle, Individual Vehicle Summary Reports, to include all these items, in addition to current mileage and department vehicle is assigned to.

Assets This term refers to vehicles, light duty trucks, heavy duty trucks and vans Vehicle
Classification
City's vehicle classification approach (used in AFMIS to classify assets) uses the Standard Vehicle and Equipment City assigned vehicle number and manufacture type, year, and fuel type.

RFP No. 22-1
11 City of Montebello

DISCREPANCIES AND MISUNDERSTANDINGS
Proposers must satisfy themselves by personal examination of any worksite, assets, drawings, Scopes of Work, and by any other means as they may believe necessary, as to the actual phys ical conditions, requirements, and difficulties under which the work must be performed. No Proposer shall at any time after submission of the Proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the City, and clarified before the submission of Proposals.

WITHDRAWAL OF PROPOSALS
Proposers may withdraw their Proposals in writing, provided that such requests are received by the City before the scheduled deadline for Proposal submission or within six (6) months following the scheduled deadline for Proposal submission when no contract has been awarded.

REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the Proposal. Refer to Exhibit B.

At the discretion of the City’s committee assigned to review Proposals in response to this RFP (“Evaluation Committee”), the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any prese ntations and/or technical demonstrations. Some or all RFP Evaluation Committee members would travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the Evaluation Committee with an increased understanding of the process and assess the Proposer’s implementation and performance.

PROPOSAL SIGNATURES
If an individual makes the Proposal, it shall be signed, and the full name and address of the Proposer shall be given.

If a partne rship makes the Proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.

If a corporation prepares the Proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the Proposal. A certified letter is to be included in the Proposal accompanied by the Letter of Transmittal.

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the Proposal in response to this request
· Submitting that Proposal to the City
RFP No. 22-1
12 City of Montebello

· Negotiating with the City any matter related to this Proposal, and/or · Any other expenses incurred by the Proposer before the date of the award

CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:

1. Reject any and/or all Proposals for no reason or any reason including but not limited to the following:
a. The Proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.

2. Reject any Proposal that, in the opinion of the City, is so unbalanced in comparison to other Proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

3. Accept all or any part of a Proposal;

4. Cancel the entire RFP;

5. Issue subsequent RFPs; or

6. Waive any errors or informalities in any Proposal, to the extent permitted by law.

LICENSING, PERMITS, AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for all taxes due as a result of the contract.

RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State, and local regulations, standards, and ordinances, regardless of whether or not they are referred to in the RFP.

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each Proposal received shall become the exclusive property of the City and, unless the City’s prior written agreement to maintain all or part of a Proposal confidential as a trade secret is first obtained, each Proposal shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any Proposals or portions thereof absent such agreement; nor shall such agreement preclude the City from disclosing any Proposal or portion thereof where such disclosure is required by law.

JOINT OFFERS
Where two (2) or more Proposers desire to submit in res ponse to RFP No. 22-1, they shall do so on a prime-sub-Contractor-basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture . Any Proposal submitted on behalf of any RFP No. 22-1
13 City of Montebello

form of a joint venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of the contract. All sub -Contractors of successful Proposer shall abide by all the requirements outlined in this section.

SINGLE PROPOSAL RESPONSE
If only one Proposal is received in response to this RFP, a detailed cost/price Proposal may be requested of the Proposer. A cost or co st and price analysis and evaluation and/or audit of the cost may be performed to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estim ated costs ( i.e., labor, equipment, supplies, overhead costs, etc.) and documentation supporting all cost elements.

PROTEST PROCEDURES
All protests must be filed in accordance with the following:

1. The protest must be in writing and identify the solicitation (RFP) number.

2. The protest must be submitted by some return receipt method or guarantee of delivery that ensures that the protest was received promptly. The City is not responsible for lost or delayed deliverables.

3. The party’s standing to protest must be identified.

4. Identification of the specific provision, law, regulation, specification, procedure , or policy violated.

5. A statement of the relief requested.

Protests related to the content of the RFP shall be received no later than ten (10) days before the Proposal due date; or within five (5) days after proposal opening. If the Protest does not comply with the preceding requirements, it may not be evaluated and may be returned to the Protestor.

All protests shall be submitted to the City’s Point o f Contact. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.

INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, including all promises, warranties, commitments , and representations made in the successfu l Proposal, shall be binding, and incorporated by reference in the City’s contract with the successful Proposer.

RFP No. 22-1
14 City of Montebello

TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the RFP. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful Contractor, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Vendor and the City.

PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to the City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.

Payment will be made within thirty (30) days after acceptance and approval of the invoice.

Payment Schedule: Monthly
Manner: Provide (1) One invoice monthly.

SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this RFP.

CONTRACTOR RESPONSIBILITIES - GENERAL

The Contractor shall furnish all supervision and labor needed to manage and maintain the fleet in a state of repair consistent with the performance standards and service specifications identified in this Statement of Work (SOW). The Contractor shall purchase, supply, and manage inventory of materials and parts pursuant to the provision of such services. The Contractor shall be responsible for providing any tools and equipment needed to provide services. The Contractor shall be responsible for managing City vehicles, in this SOW. The Contractor will be required to provide maintenance and repair services to vehicles as needed within the City.

SUPPLIES, MATERIALS, EQUIPMENT AND/OR SERVICES

It is hereby agreed that the Contractor shall provide the supplies, materials, equipment, and/or equipment in conformation with these General Specifications, any and all Special and/or Technical Specifications detailed in the Scope of Work Section contained in this proposal package.

WARRANTIES AND GUARANTEES

The Contractor will deliver to the City, along with the supplies, materials, equipment, and/or services, all supplier's and manufacturer's warranties and guarantees covering the "requirements" provided under the contract.

The Contractor shall make the following warranties concerning the "requirements":
• They shall conform to the specifications.
• They shall be of good material and workmanship an d be free from defects and be functionally acceptable.
• They shall be suitable for their intended use(s).

They shall not infringe upon any United States or foreign patent. In providing them, the Contractor shall have complied with applicable Federal, State, and local laws and regulations.

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15 City of Montebello

The Contractor shall not assign nor transfer any interest in this agreement without the prior written consent of the City. In addition, none of the services covered by this agreement shall be sub-contracted or contracted out without the prior written consent of the City.

The Contractor, at its own expense, shall secure all permits and licenses necessary to the performance of the contract. Failure to do so constitutes grounds for termination of the contract.

The Contractor shall, at its own expense, obtain and pay premiums for any required insurance(s) for the operation of its services. Proof of insurance coverage must be made available to the City.

SERVICE AGREEMENT GUARANTEE

• Furnish services described in the solicitation and resultant agreement at the times and places and in the manner and subject to conditions therein set forth provided that the City may reduce the said services at any time.
• Enter upon the performance of services with all due diligence, and assiduously press to its complete performance and exercise therein the highest degree of skill and competence. • Perform all work and services in strict accordance with all laws, statutes, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices, and other agents.
• All services to be inspected or reviewed by a representative of the City or designated agent at any reasonable time and place selected by the City. The City will be under no obligation to compensate the Contractor for any services not rendered in strict conformity with the agreement. • Stipulate that the presence of a representative of the City as a Quality Assurance Inspector will not lessen the obligation of the Contractor for performance in accordance with the agreement requirements, or be deemed a defense of the part of the Contractor for infraction thereof. The inspector is not authorized to revoke, alter, enlarge, relax, or release any of the requirements of the agreement documents. Any omissions or failure on the part of the inspector to disapprove or reject any work or material will not be construed to be an acceptance of any such defective work or material. Notification of an omission of failure will be documented by the City.

INTENT/OBJECTIVE AND GOALS

The City intends to establish cost and performance standards for fleet maintenance with a system of rewards and liquidated damages to the Contractor for attainment/failure to meet these standards. The City has determined a fee of one hundred dollars ($100.00) per day, per incident, will be assessed against the Contractor for each discrepancy which is not corrected within three (3) days of notification to the Contractor.

• Vehicle and equipment reliability - <1 breakdown/25,000 miles of service • Completion performance - 100% of all work orders (WO) done on schedule • Unscheduled repair performance - 2% of all repairs returned for same work again • Parts inventory and availability - No vehicle shall set more than 3 days because of lack of parts:
written approval required
• Quality of workmanship - 100% of all repairs completed satisfactorily • Computerized maintenance software - all information will be available on electronic medium; monthly reports due the 10th

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16 City of Montebello

a. Product and Labor Warranty - Contractor will submit all warranty claims within 30 days and credit the City.
b. Police Patrol Units - no more than three (3) patrol units on hold at any given time; written approval required.
c. Achieve a maintenance and repair turnaround rate of less than 24 clock-hours 80 percent of the time and a turnaround rate of less than 48 clock-hours 95 percent of the time d. Provide excellent overall customer service
e. Achieve a high standard of fleet safety and reliability f. Create a fleet maintenance environment where the City's Independent Service Contractor (ISC) will be the fleet maintenance service provider of choice. g. Minimize fleet management maintenance and repair cost and therefore, overall fleet cost and costs to the City.

The City intends to conduct a two-step procurement for these fleet repair management and maintenance services. Step one (1) is evaluation of the written submittal and oral interview response to this RFP. Step two (2) is negotiation of the final agreement with the qualified Respondent whose proposal is ranked the highest.

The City expects the final agreement to be similar to and include all the work elements of the Statement of Work within this RFP. The City may elect to conduct oral presentations to clarify any uncertainties in the proposal. Oral presentations may be required by senior management of the contractor who have the ability to answer all questions regarding their proposal within thirty (30) days after receipt of bids.

PERFORMANCE OF WORK
These specifications intend to provide only services that meet the standard of care of similar contractors performing similar services in the same or similar locale. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work according to the provisions. It is the aim of these specifications that the Contractor provides complete services of the type prescribed. Any items omitted from such specifications that are necessary for the completion of such services shall be considered a portion of such services, although not explicitly specified or called for in these specifications.

No advantage shall be taken by the Contractor in the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

TIME AND CONSIDERATION

If the Contractor fails to make delivery of the supplies, materials, equipment and/or services within the specified time, or fails to perform any of the other provisions of this contract, the City has the right to terminate the contract for default. If in the opinion of the City, the failure to deliver results from supplier negligence to perform as specified, the liquidated damages clause, may be enforced.

All disputes that might arise under this contract and cannot be resolved between the Contractor and the City will be handled through the Purchasing Agent's Office.

If, in the opinion of the City, it is the best interest of the City to terminate the contract, for convenience, the City agrees to only pay for supplies and/or services delivered or performed by the Contractor at time the Contractor is made aware of the termination notice.

Any such termination notice shall be affected by delivery, to the Contractor, of a notice of termination specifying the extent of performance under the contract being terminated and the effective date of termination.

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17 City of Montebello

LIQUIDATED DAMAGES
In the event that the supplies, materials, equipment, and/or services are not delivered and/or performed by the Contractor as expected, a liquidated damage provision in the sum of the difference in cost for the City to acquire the supplies, materials, equipment, and/or services from an outside source plus administrative fees will be deducted from the next order to the winning Proposer of the original contract.

However, any delay in delivery of supplies, materials, or equipment and/or services shall not initiate the liquidated damages provision of the contract if the delays are determined by the City to be beyond the control of the Contractor.

Definition of delays beyond the control of the Contractor: Delays can include , but are not limited to, disaster declaration by Acts of the Government of the United States; G overnment of the State of California; Government of the City of Montebello (in either its sovereign or contractual capacity):
guarantee restrictions; and strikes. In every case the failure to perform must be beyond the control and without the fault or negligence of the Contractor.

If delays are caused by the default of a subcontractor(s), the assessment of damages against the Contractor shall apply.

AWARD OF CONTRACT
The Agreement resulting from this RFP will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council, or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
· Accept all or any part of a proposal;
· Reject any or all proposals for any reason;
· Waive any informality or minor errors to the extent permitted by law; · Award the Agreement as the interest of the City may require; · Cancel the entire RFP; or
· Issue subsequent RFP’s.

An Evaluation Committee comprised of City staff in accordance with the Proposal Evaluation Criteria set forth in the Evaluation Criteria section of this RFP will evaluate all the Proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.

The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City . However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

No Agreement shall exist until the City Council or City Manager has awarded the Professional Services Agreement (“Agreement” see Section 7 – Form of Contract [Sample]) and it has been mutually executed.

The City reserves the right to reject any and all Proposals for any reason, to waive any informality or minor errors as determined by the City in any Proposal, and to award the Agreement as the best interests of the RFP No. 22-1
18 City of Montebello

City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the Proposals.

POINT OF CONTACT
This RFP is issued by the City, and the Senior Procurement Analyst will be the City’s Point of Contact during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, officers, personnel, or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Procurement Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]

If the City’s Point of Contact determines a response to any such inquiry is warranted, the response will be issued to all prospective Proposers via PlanetBids.com.

EVALUATION OF PROPOSALS
The City uses a selection process in which Proposals contain qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or a project management plan. The award selection is based upon consideration of qualitative factors to determine the offer deemed most advantageous to the City.

An Evaluation Committee will be appointed to review all proposals . The committee will be comprised of City staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.

The City will evaluate the offers based on the following criteria: Pass/Fail Criteria  The Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example, a sample certificate with another agency, or a statement that the Proposer can meet the insurance requirements in the RFP shoul d be attached to the proposal.
 The Proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evidence that it is in good standing in the stat e of its incorporation/organization and qualified to do business in California. If the Proposer is a partnership or joint venture, provide such evidence for all partners or members. Evidence provided must be in the form of (i) an official certificate of go od standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the Proposer is operating under a fictitious name or trade name, provide evidence that the Proposer has file d for and/or registered the fictitious name with the county where the Proposer’s business is located.

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19 City of Montebello

On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.

The committee will then open the cost and price proposals and evaluate and score them a ccordingly.

During the qualitative evaluation, the Evaluation Committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the qualitative and cost/price proposals have been evaluated and scored, the Evaluation Committee will arrive at a “comprehensive proposal score” for each prop osal. A list of top -ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by the Evaluation Committee members.

At this time, the Evaluation Committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.

The Evaluation Committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised proposals. I f a Proposer is unable to meet the deadline or chooses not to revise its proposal, its existing Proposal will be re-scored along with revised Proposals in the same manner as the original Proposals.

EVALUATION CRITERIA
Award will be made to the Contractor whose Proposal offers the best value to the City . Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:

Qualitative Considerations
The Proposer’s Qualitative Proposal will be evaluated on t he basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan 15 points
2 Proposed Project Team 10 points
3 Qualifications and Experience 20 points
4 Technical Approach 30 points
TOTAL 75 points

Price Considerations
The Price Proposals will be evaluated as follows:

The Proposer’s Price Proposal will be compared to the Proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion (25 points). All other Price Proposals will be scored as follows:

Proposer Price Score = Best Price Proposal x 25 (Total Points Available for Price Evaluation).

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20 City of Montebello

SECTION 4 – OTHER REQUIREMENTS
CONTRACT DOCUMENTS: Oral Changes / Contract Termination (a) Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, the City prior to becoming a Contract modification.

(b) Contract Termination: The City may terminate any resulting Agreement for convenience at any time by giving the Contractor written notice thereof . Upon termination, the City shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by the City to effect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1 -8) or other applicable portion(s) of said Regulations. In addition, the City shall pay the Contractor a percentage of the project, which relates to Contract work accomplished to date of termination . The effective date of termination shall be the date of Notice of Termination.

In the event the Contractor breaches the terms or violates the conditions of the Agreement, and does not within ten (10) days, thereafter, cure such breach of violation, the city may immediately terminate the Agreement for default. The Contractor shall be liable for any and all costs incurred by the City as a result of such default.

BOND REQUIREMENTS

Bid Guarantee
During the proposal submission, the Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 10% of the total bid price.

In submitting this bid, it is understood and agreed by Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into this Contract as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable i nsurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.

The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive. (Exhibit H. Performance Bid Guarantee)
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21 City of Montebello

Performance Guarantee
A Performance Guarantee in the amoun t of 10% of the Contract value is required by the City to ensure faithful performance of the Contract. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Contract execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently a uthorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in prot ection shall generally equal 10 percent or more of the increase in the contract price. The City may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.

If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The City will only accept the Irrevocable Stand-By Letter of Credit if:

1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The City is identified as the Beneficiary.

5. It is in an amount equal to 10% of the Contract value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Letter of Credit coincides with the term of this Agreement.

8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

Payment Bonds
A Labor and Materials Payment Bond the amount of 10% of the Contract value must be furnished by the Contractor to the City as security for payment by the Contractor and subcontractors for labor, materials, and rental of equipment. The bond may be issued by a fully qualified surety company a cceptable to the City and listed as a company currently authorized under 31 C.F.R. part 223 as possessing a Certificate of Authority as described thereunder.

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22 City of Montebello

PARTS OPERATION
Procuring, Stocking, and Issuing of Parts
Parts Inventory
The Contractor shall procure, stock, and furnish all new parts, materials, supplies, and fluids required for the operation and maintenance of all City vehicles in accordance with parts management practices acceptable to the City and meeting all relevant OEM and City standards/specifications.

Parts Ownership
All parts shall remain the property of the Contractor or the Contractor's supplier until such time as they are used to repair or replace a defective part or component on a City vehicle.

Parts Management
The Contractor shall issue/charge all parts, material, and labor hours in the Contractor’s AFMIS, on all repairs/work performed on City vehicles.

Cannibalization of Parts
The Contractor shall not cannibalize parts from City vehicles for use on other vehicles, without th e prior written approval of the City’s Project Manager (PM). Upon the City’s request, the Contractor must return replaced parts to the City.

Parts Costs
At times, the City has market -favorable pricing concerning parts, tires, etc., through its procurement contracts, and/or GSA schedule pricing. The Contractor may be granted permission to purchase parts through the City's channels if the Contractor so desires. Furthermore, if conditions or pricing warrants, the Contractor shall make every effort to purchase certain parts from the City's contract or the GSA and National Joint Powers Alliance (NJPA) contract whenever a cost saving exists.

Quality of Parts to be furnished
Parts used to maintain and repair the fleet must be equivalent to or exceed the specificat ions of OEM.

However, if the OEM has updated the quality of the parts for current production, parts supplied under this contract must be equivalent to or exceed the updated quality.

Note: The City reserves the right to exclude the use of specific part brands or specific components on City vehicles.

City vehicles under warranty and/or emergency and first responder vehicles (e.g., Police and Fire) that have failing or defective parts shall be replaced with the OEM. For instance, defective or failing parts of Ford, GM, or Dodge shall only be replaced with genuine OEM genuine Ford, GM, or Dodge parts only.

Tires
The Contractor shall ensure comprehensive tire services that include , but are not limited to , tire replacement, repair, inspecting, balancing, and field tire services. All tire replacements are to be new tires of the same size, type, load, wear, and traction ratings as provided by the OEM unless otherwise approved in writing by the City.

The Contractor shall follow all OEM tire repair guidelines for City vehicles and must have a tire repair RFP No. 22-1
23 City of Montebello

process in place from the OEM of the tires. All emergency vehicles do not qualify for any tire repair and must be replaced with a new tire. The Contractor shal l be responsible for all tire repairs that cause damage to a vehicle.

The Contractor shall obtain three quotes for all tires used on City Vehicles and retain on file for each vehicle affected, or use City contracts. There shall be instances that the Contractor may only purchase tires from a specific OEM, for example, Police Cruisers, and therefore must document this practice and discuss it with the PM.

Note: Tires on all emergency and first responder vehicles which are discovered to have met the useful life and/or damaged in the day-to-day operation (e.g., Nail, collision, alignment issues, etc.,) shall be replaced with new tires that are designed for emergency and first responder vehicles to meet the particular vehicle application and size designated by the vehicle OEM. Any new tires replaced on any one axle requires the replacement of both tires on that specific axle. The tires that have been removed from the emergency and first responder vehicles must be inspected for reuse on applicable City vehicles with the same tire requirements based on vehicle OEM specifications. The Contractor must be confident and perform a safety inspection to ensure the reuse of the emergency and first responder vehicles’ tires are safe to operate on City vehicles.

Rebuilt/Remanufactured Parts
Rebuilt/remanufactured parts must conform to the OEM’s reconditioning tolerances and the warranty shall be tracked and monitored to ensure that the City is not charged for any warranty part which was found to meet the warranty guidelines of the specific part/component that failed during the warranty period.

FACILITIES AND EQUIPMENT

City Facilities
The City has multiple departments that retain City vehicles; the Contractor shall ensure that the vehicles are free of leaks (oil, coolant) that may impact the environment and storm drains.

Potential Safety or Environmental Hazards
The City does not warrant or guarantee against the possibility that safety or environmental hazards, or potential hazards may exist at the facilities. The Contractor w ill be responsible for identifying any potentially hazardous conditions caused by a City vehicle for which the contractor is responsible for, and notifying the City of these conditions as soon as possible.

Days and Hours of Operation
Contractor shall prov ide all services as set forth in this Contract Monday through Friday during Contractor's normal business hours. The City will be open from 7:30 a.m. to 5:30 p.m. unless otherwise notified by the PM in writing. The Contractor is not required to perform serv ices on City recognized holidays unless an emergency condition has been declared.

Hours for individual facilities are subject to change according to customer requirements. Any changes in facility hours will be mutually agreed upon and placed in writing by the Contractor and the PM.

Regulatory Permits/Certifications
Contractor shall be responsible for acquisition and payment of all facilities licenses, permits, and other regulatory certifications necessary to provide Services pursuant to this Contract.

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24 City of Montebello

Supplies/Tools/Portable Equipment
Contractor shall provide, at their sole expense, all shop supplies, tools, and portable equipment necessary to perform all services set forth in this Contract.

Security & Safety
The Contractor is responsible to ensure the sa fe keeping of all City vehicles at facilities. Any vandalism, theft or damage to vehicles determined to be the responsibility of Contractor, by failure of safekeeping, shall be repaired at the expense of the Contractor. The Contractor's Project Manager or designated representative will provide an immediate oral report followed by a written report of any incident/accidents that occur on City property. The written report is due within twenty -(24) hours of occurrence or discovery of occurrence to the PM. The Contractor shall furnish and maintain safety supplies and equipment, including first -aid kits, eye wash and flashlights at its facilities. The Contractor will use materials and equipment that are safe for the environment and personnel. Contractor personnel must be trained in the use of basic safety equipment.

Facility Maintenance Tasks
The work performed at the Contractor(s) facilities is a reflection of the City and therefore shall maintain a positive image within the community and on behalf of the City. T he Contractor shall ensure its facilities are maintained and will be responsible for housekeeping and supplies, which includes janitorial service.

Maintenance services of contractor's facilities will be cared for by the Contractor as follows:

Facility Inspection
The City reserves the right to inspect all facilities operated by the Contractor in the performance of this Agreement and note any deficiencies on Exhibit D3, Facility Inspection Report. The Contractor will be provided a copy of the facility inspection report on the day of inspection and shall be responsible to rectify any deficiencies within the period specified on the report. The City will inspect the facility prior to award and yearly thereafter or sooner if Contractor is reported to be in violation of any City, County, or other governing agency as part of doing business in the State of California.

ESTIMATES

Requirement
The Contractor will provide estimates, where appropriate, before major work is done; for example:

Transmission, Engine, Differential, or other major part or component repair beyond normal preventative maintenance, and use Motor labor Time Guide or Equivalent to establish reasonable time standards.

Repairs estimates must be analyzed by the City to determine the repair's cost effectiveness and be specifically approved by the City. When equipment replacement appears to be more cost effective than repair, such recommendation shall be presented in writing by the Contractor to the City. The City will make the final determination on replacement.

The Contractor shall be responsible for processing accident repairs including appraisals, obtaining repair estimates for insurance claims, transportation of vehicle to/from repair site (when possible), repair quality and timeliness, and shall be responsible for administration, including the payment of invoices. Contractor must document three (3) competitive estimates, if unable to get at least three (3) or more, contr actor shall document the contractors it contacted for the estimates for all accident repairs. Note: Accident repairs shall not be included in the target cost.

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25 City of Montebello

Labor Times
The Contractor will utilize mechanical labor times as published by the Motor's Labor Time Guide or equivalent, with City written approval, including proper allowances for combination operations (overlaps).

The Contractor will obtain City written approval prior to using labor time not published in the Time Guide.

All time estimates will be entered into the Automotive Fleet Management Information System (AFMIS).

Approval
The Contractor must obtain written approval (facsimile, electronic mail or electronic signatures are acceptable) by City Vehicle Coordinator or designee on all estimates prior to performing any work outside the normal preventative maintenance, unless prior written approval is already on file. If work is performed without prior written approval such work shall be at the cost of Contractor.

Excessive or Inappropriate Estimates
In those instances, wherein the PM determines the repair estimate to be excessive or inappropriate, or workmanship has failed to meet reasonable standards, the City ma y seek review or negotiate with Contractor for revisions in repair costs. The Cit y may also, at its sole discretion, send the vehicle to a neutral party that performs the same type of work that may be in question, for estimates and/or repairs.

If it is discovered that Contractor is considerably escalating cost and consistently beyond i ndependent cost analysis, which will be available for contractor review, the City reserves the right to use other sources to perform the work, and to cancel the contract for frequent excessive cost estimates.

AUTOMOTIVE FLEET MANAGEMENT INFORMATION SYSTEM (AFMIS)

· The Contractor shall have an Automotive Fleet Management Information System (AFMIS) with enough functionality to track and perform all aspects of this SOW. · Contractor shall demonstrate and provide print outs of the features and functionality that their AFMIS can perform.
· The Contractor will open all WO in AFMIS at the time vehicles are presented for service. W O status will be updated real-time. All parts and sublet transactions will be promptly recorded in AFMIS. The WO reviewing and scheduling ca pabilities of AFMIS will be used to their fullest possible extent to foster timely automated notification of repair schedules to affected city departments. AFMIS will be used to notify effected city department when vehicle services have been completed and vehicles are ready to be picked up. The City will be given limited access to AFMIS, as it relates to the vehicle contract. This will allow AFMIS to deliver notifications of work-order and service completions to the person most directly involved with the da ily utilization of the vehicles. Further, it will allow the effected City department to view the status of any vehicle that is in the contractor's facility for service and repair.

Safe Computer Practices
Contractor shall maintain safe computer system practices and ensure that City data is protected from destruction and/or viruses. Secure passwords will be established for each computer -using Contractor employee and the Contractor will ensure that employees with passwords properly protect their usage.

Data Integrity
The Contractor will not allow any users access to programs that change or delete data without the written permission of the City. The Contractor shall follow applicable policies for adding or modifying any information relating to City vehicles in their AFMIS.

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26 City of Montebello

Report Provisioning
The Contractor will have ability to run reports for PM in relation to the City vehicles that shall include per- vehicle expenses, department assigned vehicle expense, total current expenses and mileage, and labor costs to include most common part/component failure of City specific vehicle or vehicles.

Monthly Report: The Contractor shall provide a consolidated monthly management report to be delivered to the City on or before the 10th calendar day of the month followi ng the reporting period. The report shall include, but not be limited to:
· Maintenance and Repair costs for the month by City Department. · Performance reviews in each performance area subject to reward/liquidated damages for that month and cumulative damages for that contract year.
· Costs for accidents and other items not included in original proposed costs. · Number of shop orders and quick fixes.
· Number of service calls.
· Number of vehicle work-orders scheduled/completed on time. · Downtime by category and in total.
· Cumulative records of sub-contracted work.
· Total labor hours expended.
· Total parts cost.
· Problem/accident summary.
· Goals achieved and goals for the next month

Annual Summary Report: The Contractor shall provide the City with a written annual report. The annual report shall contain a summary of the year's activities, performance standards met and unmet and other relevant information, by January 30th.

PERFORMANCE REQUIREMENT SUMMARY (PRS)

Listings of Services used in the Performance Requirements Summary (PRS) are intended to be completely consistent with the Contract and the body of the SOW, and are not meant in any case to create, extend, revise, or expand any obligation of Contractor beyond that defined in the Contract and the body of the SOW. In any case of apparent inconsistency between Services as stated in the Contract and the body of the SOW, PRS, the meaning apparent in the Contract and the body of the SOW shall prevail. If any service seems to be created in this PRS which is not clearly and forthrightly set forth in the Contract and the body of the SOW, that apparent service will be null and void and place no requirement on Contractor.

The City shall monitor Contractor's performance under the Contract in accordance with the PRS. When the Contractor's performance does not conform to the requirements of this Contract, the City shall have the option to apply the following non-performance remedies:
· Require Contractor to implement a formal corrective action plan, subject to approval by the City . In the plan, the Contractor must include reasons for the unacceptable performance, specific steps to return performance to an acceptable level, and monitoring methods to prevent recurrence. · Reduce payment to Contractor by a computed amount based on the assessed fee(s) in the PRS. · Reduce, suspend, or cancel this Contract for systematic, deliberate misrepresentations or unacceptable levels of performance.

Failure of the Contractor to comply with or satisfy the request(s) for improvement of performance or t o perform the neglected work specified within ten (10) days shall constitute authorization for the City to RFP No. 22-1
27 City of Montebello

have the service(s) performed by others. The entire cost of such work performed by others as a consequence of the Contractor's failure to perform sai d service(s), as determined by the City, shall be credited to the City on the Contractor's future invoice. This section does not preclude the City's right to terminate the Contract, as provided for in the Contract.

QUALITY ASSURANCE PROGRAM

The Contract or shall implement a Quality Assurance Program for the management of the repair and maintenance of defined fleet and for the upkeep of the contractor's facility(s). The program shall include provisions for meeting specified performance standards, for maint aining quality workmanship, for providing a high level of customer service, and for reducing fleet costs incurred by the City. The Contractor shall provide a detailed Quality Assurance Program within thirty (30) days of approval of contract. The plan is subject to approval by the City and shall address, at a minimum, the following items before notice to proceed is issued:
· Repair Performance
· Parts Availability
· Vehicle Safety and Reliability
· Customer Service
· Cost Reduction Initiatives
· Quality Control Processes

RECORD KEEPING AND REPORTING

Contractor Records
Upon prior notice by the City, the Contractor shall provide authorized City representative's access at all reasonable times to all electronic and hard data, books, records, correspondence, instructions, plans, drawings, receipts, vouchers, and memoranda, and shall provide to the City cost verification for work.

Reference Files and Procedures
The Contractor shall maintain a complete file of service manuals, service bulletins, lubrication charts and other information needed to properly service and repair the fleet. A hard copy history folder shall be maintained by the Contractor for each vehicle. This folder will contai n, in chronological order, all WO , inspection records, and supporting documentation such as towing receipts, sublet receipts and the like generated on each vehicle. The folder shall also contain the vehicle's make, model, year, and serial number (VIN if appropriate), warranty information, most recent mileage, and invoice information.

AFMIS Requirements
The Contractor will utilize its own approved AFMIS to maintain an electronic record keeping and reporting system for all services performed on the City's fleet.

Ownership of Records
All reference files and procedures and all electronic data is the property of the City upon completion or termination of the contract.

CONTRACTOR PERSONNEL

The Contractor will staff facilities in such a manner as to permit it to achieve the performance standar ds and meet all of the other requirements of this SOW.

RFP No. 22-1
28 City of Montebello

Selection of Personnel
Contractor's staffing plan must include all performing work referenced herein. The plan must include an organization chart identifying specific job classifications (with job classification descriptions), the specific number of employees in each job classification.

The Contractor shall have the responsibility for selecting personnel to perform the services outlined in this Statement of Work and for determining and providing wages, salaries, and benefits for its employees.

The Contractor's Project Manager and Operations Manager shall have proven technical and managerial experience in the field of fleet management, maintenance, and repair.

Changes in Personnel
The Contractor shall notify the City of changes in personnel (Project Manager and/or Operations Manager). The Contractor's proposal to change its Project Manager and/or Operations Manager must include a transition plan.

Uniforms
AII employees, including porter, shall wear uniforms which shall include the Contractor's and employee's name in a visible location and a legible color and style. Uniforms are to be kept clean and in good repair.

All uniforms will be provided by, and at the Contractor's expense.

TOTAL CONTRACT COST

Pricing Schedule
Contractor pricing is set forth in Pricing Schedule, Exhibit D1. The Contractor will not invoice, and the City will not pay for any services not set forth in the Pricing Schedule, Exhibit D1, unless agreed upon by the City's designated approval authority.

Note: Contractor shall pass onto the City all promotional specials, and or discounts offered to the general public, to any and all City vehicles that are in for repair during the promotional dates/offer, for example:

City vehicle in for oil change shall receive the promotional offer and include all aspects of the promotion.

Target Cost (Estimated Annual, Smog, Car Wash, Tune up) Target Cost: The cost proposal which is the Contractor's operating budget for each year of this contract is the target cost for the initial year and shall be determined from the proposal submission. Contractor's fee for services will be based on a fully burdened labor rate and parts costs.

General Conditions of Proposal
The General Conditions of Agreement between the City and Contractor are included in this SOW.

Contractors Relationship to the City of Montebello
Contractor as an Independent Contractor
It is expressly agreed and understood that the Contractor is in all respects an Independent Contractor as to the work, and that the Contractor is in no respect an agent, servant, or employee of the City. Th e agreement will specify the work to be done by the Contractor, but the method utilized to accomplish the work shall be the responsibility of the Contractor.

Subcontracting
Contractor may subcontract services to be performed hereunder with the prior approval of the City, which shall not unreasonably withhold approval. No such approval will be construed as making the City party of, RFP No. 22-1
29 City of Montebello

or to, such subcontract, nor sha ll approval be construed as subjecting the City to liability of any kind to any Subcontractor. No subcontract shall, under any circumstances, relieve the Contractor of its liability and obligation under th e Contract; and despite such subcontracting the Cit y shall deal through the Contractor. Subcontractors will be dealt with as workers and representatives of the Contractor and will be held to the same insurance coverage etc.

Costing Methodology
Cost Proposal
The cost proposal, which shall be the Contractor's operating budget for each year of th e Contract, shall include the following cost items:
a. Hourly Rate, fully burdened
b. Parts/supplies/outside services used to perform WO/Safety inspections. c. All items identified in Exhibit D1.

Mechanical Labor Hourly Rates
Contractor hourly rates shall not exceed the hourly rates stated in the Pricing Schedule. All related administrative costs shall be 100% burdened in Contractor's mechanical shop hourly rates. Contractor may subcontract at rates equal to or lesser than the Contractor hourly rates set forth in the Pricing Schedule.

Cost Savings initiatives
In addition to the Contractor's cost and fee, the Contractor shall look for and propose cost saving initiatives to the City to mitigate or offset any f oreseen issues from a particular type of vehicle that the City owns or provide input on the type of vehicle that the City should consider, based on fleet use and experience with fleet and or knowledge of new technology that is new to the market.

Adjustments in the Approved Budget Changes in the Size or Mix of the Fleet The maintenance and repair service cost may be adjusted, by mutual consent, to correspond to increases or decreases in the fleet size, or adding new vehicles in each class . These adjustments shall be as fleet composition changes, and or reviewed quarterly.

Unusual Cost
The Contractor may petition the City for an adjustment to the approved budget at reasonable times on the basis of unusual changes in the Contractor's cost of doing bu siness. For purposes of this Section, "Unusual Changes" shall mean items not covered by this Contract, which occur through no fault of the Contractor; the term shall not include price increases arising in the ordinary course of business. The amount of any adjustment pursuant to this paragraph shall be determined by mutual agreement.

Annual Adjustments
Should the City choose to exercise future year options, the cost target, approved budget, including the Contractor's fee shall be negotiated for the second and subsequent years of the Contract.

Subcontracted Services
The Contractor will indicate on Exhibit D1 , Pricing Schedule, and or supply City with actual cost of subcontracted services and identify services.

The Contractor shall be responsible for arranging, scheduling, and managing the performance of subcontracted services which cannot be performed economically in -house; and shall be responsible for continued review of the need for specific outside repairs as opposed to performing repairs. These outside RFP No. 22-1
30 City of Montebello

repairs may include transmission, engine and repair, radiator work, and such other work that can be utilized at minimum cost to the City. The Contractor's plan for outside repairs shall be stated in the proposal and included in the target with exceptions as noted in the document. The plan shall list the name and address of proposed subcontractors.

The Contractor shall use the City's current vehicle body repair and painting services contractor, which provides b ody work, painting, and glass replacement services. The City encourages the Contractor to utilize subcontractor located Montebello where practical and economically feasible. The City and the Contractor shall periodically and informally review the plan to ensure that the outside repair decision remains justified. All responsibility (paperwork, invoicing, quality control, vehicle movement, vehicle security, etc.) shall be that of the Contractor. Note: The Contractor will solely accept subcontractor invoices.

Parts
The Contractor's parts pricing shall be the Contractor's actual net part cost, as described in paragraph plus Contractor's markup percentage as set forth in Exhibit D1.

Hazardous Waste Disposal Charges
Hazardous waste disposal charges are the responsibility of the contractor and shall be included in the WO/Safety Inspection charges that contractor would normally charge to all customers and or include in promotional services that contractor will pass onto the City if the vehicle is in for servic e during the contractor’s promotion.

City's Right to Review Billing Documentation
The City reserves the right to review additional documentation to be provided upon the City's request to the Contractor prior to paying any disputed portion of the invoice. Such documentation may include, but is not limited to, invoices to the Contractor for parts or subcontracted services and payroll registers.

CONTRACTOR'S WARRANTY

Contractor's and Subcontractor's Work Warranty
The Contractor shall administer all warranties, both for vehicles and parts, associated with management of the City fleet to include taking the vehicle to the dealership that represents and or is authorized to perform warranty work on all equipment/vehicles under warranty, for example if it is a For d vehicle or Chevrolet vehicle under warranty and on Ford or GM is authorized to perform repairs the contractor shall deliver the vehicle to the appropriate authorized dealer. The Contractor will seek authorization from various vehicle and equipment manufacturers to perform warranty work on city-owned equipment. Such work will be reimbursed directly to the Contractor by the equipment manufacturer and the City will be held harmless from payment for such work.

Contractor and all Subcontractor furnished materials, parts, and workmanship shall be free from defects for a minimum period of 12 months or 12,000 miles, whichever occurs first; except as noted below or per the original equipment manufacturer's warranty specification, whichever is greater. Any part war ranties provided by the manufacturer that exceed the minimum requirements listed below shall be passed through to the City with written notification of such extended warranty made by the Contractor to PM at time of part installation.

All replacement parts purchased and installed on the City's vehicles shall receive the new warranty that is given by the parts supplier or manufacture for that particular item, for example: Installing/purchasing a RFP No. 22-1
31 City of Montebello

new starter may have a 3-year or lifetime warranty, and therefore it would be applied to the City vehicle it was installed on, and the contractor is expected to track all warranty.

CONTRACTOR'S CONTINGENCY PLAN

Contractor shall have a contingency plan in place to address any interruption or reduction in Service during the term of the Contract due to work stoppages, slowdowns, or Contractor's failure to provide adequate staffing, parts and/or service delivery. Contractor shall continue to provide required Services by whatever means available and shall incur all related costs necessary to provide repair and maintenance services as specified in the Contract. Should Contractor fail to supply an alternate service, City shall have the right to continue services by whatever means available and charge any reasonable costs in excess of what would have been paid to Contractor associated with the alternate service to the Contractor.

TRANSITION PLAN

Contractor shall provide a transition plan within fifteen (15) days of Contract execution and shall include Contractor's resources, startup operations, detailed staffing plans, activities, and timeframes necessary to provide the requirements specified in this SOW.

CONTINUITY OF SERVICE

Phase In - Phase Out
If upon expiration or termination of the Contract, the Contractor is not chosen to continue in its role, the Contractor shall, upon written notification from the City, provide phase -in/phase-out services for up to sixty (60) days after the contract expires or is terminated. After notification, the Contractor shall cooperate in good faith with a successor in determining the nature and extent of the services, including the development of a mutually acceptable transition plan, subject to approval by the City. The Contractor shall provide sufficient, experienced personnel during the transition period to ensure that all services called for by the contract are maintained at the specified level of contract performance. The Contractor shall be reimbursed for all reasonable transition costs, which accrue within the agreed period after contract expiration or termination. The Contractor shall cooperate with the successor in allowing as many personnel as practical to remain on the job in order to enhance the continuity and consistency of the services called for by the contract. Toward this en d, the Contr actor shall disclose necessary personnel records and allow its successor to conduct on-site interviews with its employees.

SECTION 5 – QUALIFICATIONS
To be considered responsive to the RFP, Proposers must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non - compliance with these requirements may disqualify your proposal from further consideration.

A. List and describe a minimum of three (3) projects or experiences, similar to the Project contemplated in this RFP, which the Proposer is currently performing or has performed within the last thirty-six (36) months.

B. Contractor shall ensure that personnel are trained to rende r a high degree of courteous, technically competent, and efficient service. Contractor shall control the conduct, demeanor, and appearance of its officers, agents, employees, and representatives. Contractor shall ensure RFP No. 22-1
32 City of Montebello

Contractor personnel report to assig ned workstations on time and that contractor facilities are staffed during established facility operating days and hours.

C. Contractor personnel shall be trained in their assigned tasks and in safety in the workplace. All Contractor personnel must work in ac cordance with Federal, State, and local statutes and directives. Contractor must comply with and maintain with Injury and Illness Prevention Program (IIPP) standards and records in accordance with Federal and State OSHA requirements. Contractor shall provide proof of training and IIPP records upon City request.

D. Contractor personnel, who may operate vehicles in the course of their duties, must have a current and valid California Driver’s License applicable to the vehicle class they are driving.

E. The Contractor must have valid liability insurance. Insurance requirements are stated in the General Terms and Conditions.

F. The Proposer’s firm or company has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

G. The Proposer’s firm or company is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations , including, without limitation, prevailing wage laws, and apprenticeship laws.

H. Licensed to do business in the State of California. The firm can provide applicable Certifications (if required).

SECTION 6 - SCOPE OF WORK

TIME & MATERIAL SERVICES
The Contractor shall perform the following services and other related services as may be required to ensure the continuity of effective and economical operation of the City's fleet on an as-needed basis. The Contractor shall furnish all necessary supervisi on, labor, tools, parts, materials, supplies, and subcontractor services required to maintain the fleet in a state of repair and services in accordance with fleet management best practices and performance standards specified in this SOW. Additional repairs and services may be specially requested under an as -needed basis upon the approval of the PM. The Contractor shall be expected to provide maintenance and repair services in such a manner as to minimize disruption to the City’s daily vehicular operations.

The Contractor shall use the Forecaster and Scheduler modules in the Contractor’s AFMIS to schedule the corresponding services with the Manager or their designee. The Contractor shall be responsible for vehicle pick-up and delivery in accordance with the scheduled services established. The Contractor shall notify the PM or their designee prior to pick-up or delivery. Concerns related to lack of notification or constantly unavailable vehicles shall be addressed immediately to the PM to minimize further schedule interruptions.

Note: The Contractor’s representative must be insured and possess a valid Class C driver’s license to operate any City vehicles; a valid Class B driver’s license is required to operate any heavy-duty City vehicles. In addition, the Cont ractor’s representative must have a good driving record and meet the following criteria:

A. Have a minimum of two years of Class C or B experience.

B. No DMV points within the last twelve (12) months.

C. No more than one (1) point within the last twenty-four (24) months.

D. No failure to appear.

E. No suspended license within the last twenty-four (24) months.

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33 City of Montebello

F. No more than one (1) accident within the last twenty-four (24) months; and G. To provide a DMV K4 Driver’s Record (K4) upon the award of contract and as requested. K4 must be recorded on file and updated bi-annually.

Downtime/Vehicle Turnaround Time Standards
The Contractor must meet and adhere to the turnaround times outlined in this SOW as required under the Turnaround Time Schedule (Exhibit D2). All maintenance and repair services must be completed within twenty-four (24) hours of the vehicle's delivery to the Contractor’s maintenance facility.

No more than five percent (5%) of all vehicles shall be out of service for maintenance and/or repair services for more than forty-eight (48) hours of the vehicle’s delivery to the Contractor’s maintenance facility, except the following:

 Accident, Misuse, Abuse, or Vandalism Repairs.

Repairs cost less than $2,000 must be completed within five (5) calendar days of estimate approval or released from the “held for investigation” classification. Repair costs $2,000 or greater must be completed within ten (10) calendar days of estimate approval or released from the “held for investigation”. The Contractor must report the noted damages of the vehicle delivered for repairs to the PM or their designee in writing by the close of the next business day.
 Vehicles Awaiting Repair Authorization from City.

In the event the Contractor is awaiting authorization from the City to proceed with a given repair, the calculated turnaround time accounts for the duration from the start to the completion time of the WO minus the notice to proceed period wait time. Notation of the City’s authorization approval shall be recorded in the WO notes section in addition to the appropriated status codes to start and stop the clock within the AFMIS. These notes should detail the notification’s date, time, name of the City’s designee, proposed repair description, and estimated costs that require the authorization.
 Major Component Failure.

The City shall decide the total amount of time allowed for major component failure repairs.

Major components include but are not limited to:
a. Engines: Engine failure due to worn rings, blown head gasket, and/or any major engine rebuilt work must meet with the following specifications:
 Engine rebuilt must be equivalent to or exceed OEM specifications, including all OEM and common failures/concerns updates.
 Pistons and bearings shall be replaced with new parts only.  Black honing shall be torque plate honed.
 The engine shall be live run tested for reliability.
 All rebuilt engines shall have a 3 year/100K mile warranty.  All Police Pursuit vehicles shall have an 18-month Nationwide Transferable Parts and Labor Warranty.
b. Transmissions: Transmissions rebuilt must be equivalent to or exceed OEM specifications, including all updates to the OEM and common failures/concerns . Police Pursuit vehicles require all the latest updates and models to ensure reliability due to the purpose of service vehicles. All transmissions shall have a 3 year/100K mile warranty. In addition, all Pol ice Pursuit vehicles shall have an 18-month Nationwide Transferable Parts and Labor Warranty.

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34 City of Montebello

The Contractor must notify the PM or their designee in writing when a vehicle is in the Contractor’s facility for more than 24 hours. The Contractor must advise the PM or their designee of the delayed reasons and the estimated time of arrival (ETA). Notation of such notification shall be recorded in the WO notes section of the AFMIS. These notes should detail the notification’s date, time, name of the City’s designee, delay reasons, and delivery ETA.

Comebacks, Reworks, and Rechecks
The Contractor shall perform comebacks, reworks, and rec hecks, when a failure or symptom of failure relates to previous repairs and/or services performed on a vehicle by the Contractor or component thereof occurring with the warranty period.

General Vehicle Repairs
The Contractor shall perform all vehicle repai rs in a manner consistent with contemporary professional standards. All repairs shall be completed in the most expeditious manner possible, and the quality of workmanship must be equivalent to or exceed OEM standards. Repairs requiring licensing or certifications shall be performed by technicians currently possessing the valid licenses or certificates required to perform such repairs. The Contractor is expected to perform all general vehicle repairs with a high level of quality, as described above. However, certain maintenance and repair services require additional attention, as described below.

Vehicle Safety and Environmental Inspections
All BIT, clean natural gas (CNG) tank, Smog, Opacity, Type 08, and any other federal, state, or local required inspections must be properly performed and documented by a suitably trained and certified inspector in accordance with the inspection and legal requirements. The Contractor shall be responsible for coordinating all inspections, maintenance, and repair services to minimize vehicle downtime and provide maximum convenience for the City.

Smog Inspections: The Contractor shall be responsible for the annual State required smog emissions testing for diesel, CNG, and gasoline engines of the City’s fleet. The City's governm ent fleet number GD930090 shall be used when any test is conducted to allow the Bureau of Automotive Repairs (BAR) to receive reports of tested City vehicles. An annual report of the entire fleet must be completed with proof documentation provided. Smog inspections are required as needed. City vehicles with VIN's ending in odd numbers shall be tested in odd years; VIN's ending in even numbers shall be tested in even years.

The Contractor shall provide the PM or their designee a list of vehicles with completed smog inspections done in the first half of the year and copies of all smog certifications annually in June. All required smog inspections must be completed by the first week of December annually. The Contractor must repair and retest vehicles that do not pass the smog inspections in a timely manner to ensure all vehicles pass inspections. The Contractor must request approval for any vehicle repairs that are greater than 25% of the value of the vehicle in writing. If the Contractor does not obtain approval from the City, the Contractor may be liable for all repair costs.

Road call and Towing Services
The Contractor shall use the City's current tow service contractor, which provides road call service and towing for all City vehicles twenty-four (24) hours a day, seven (7) day per week basis, within the City of Montebello.

The City shall provide the Contractor with the phone numbers of the City's tow service contractor.

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35 City of Montebello

Towed vehicles shall be transported to the Contractor’s service facility for repairs during the Contractor’s regular business hours; to the City’s Transportation Facility after the Contractor’s regular business hours, located at 400 South Taylor Avenue, Montebello, California, 90640.

Quick Fix Repair Services
The Contractor shall provide a "Quick Fix" service for repairs that can be completed in less than one (1) hour. Quick Fix services are specified in the Motor Labor Time Guide (or other industry accept ed time standards reference) or as established by the PM. Quick Fix services include , but are not limited to , tire repair/replacement and minor single item repairs (e.g., replacing belts, fuses, hoses, light bulbs, and wiper blades; topping off fluids; bat tery diagnosis and replacement). Quick Fix services shall be continuously available during the City operating hours. All Quick Fix services shall be documented with WOs entered in AFMIS real-time.

Technical Bulletins, Warranty & Recall Work
The Contractor shall be responsible for acquiring all OEM’s technical service bulletins and recall notices pertaining to all applicable vehicles in the City's fleet. The Contractor shall disseminate technical service bulletin information to all supervisors and mechanics that repair and maintain vehicles in the City's fleet in a timely manner. The Contractor shall ensure that bulletin directives are followed unless otherwise directed by the PM.

Recalls and campaigns shall be created in the AFMIS by the Contractor.

The Contractor shall administer all warranties, recalls, and campaigns for vehicles, parts, and subcontractor repairs, including reimbursement collections for such work. The Contractor must seek authorization from the OEM to perform warranty and recall services. The Contractor shall be reimbursed directly from the OEM and the City shall be held harmless from payment for such work. The Contractor must provide copies of all records, reports, and proof documentations.

Road Testing
The Contractor must conduct road or appropriate operations tests on all vehicles serviced with safety related repairs or adjustments (e.g., breaks, steering, aerial lift, etc.). These vehicles must be deemed safe to operate by the Contractor prior to being returned to service.

The Contractor shall ensure all light bars on the City’s emergency vehicles are covered prior to any on - highway use and/or operational testing.

Waste Management
The Contractor shall be responsible for disposal of all hazardous trash and waste generated in provid ing the services set forth in this SOW to include, but not limited to , used tires, parts, metal, oil, oil filters, antifreeze, fuel, Freon, batteries, and hazardous waste, according to all applicable laws and Environmental Protection Agency (EPA) regulations.

The Contractor shall provide appropriate training to the Contractor’s employees and agents who work and handle hazardous materials to comply with all applicable laws and EPA regulations.

The Contractor shall develop and maintain contingency standard operating procedure (SOP) for handling a spill or other mishap on all hazardous chemicals and wastes. The SOP shall include materials' origin, use, transportation, ultimate distribution, and disposal. All disposals shall be in accordance with applicable laws and EPA regulations.

RFP No. 22-1
36 City of Montebello

Welding and Fabrication
Welding and fabrication work related to repairs are an integral part of the service provided by the Contractor. The Contractor must provide an American Welding Society (AWS) certified welder to complete work on steel and aluminum. Additional certification requirements may be required to authorize the Contractor to provide services in the non-target category. The Contractor may subcontract these services.

Welding work included but are not limited to repairing and replacing the following: tailpipes, mufflers, towing hitches, boom rests, booms and supports, vehicle steps, tailgates, trailers, stiff legs, jacks, hinges, latches, brackets, housings, sleeves, bushings, and so forth.

Fiberglass repair and fabrication work included, but are not limited to , repairing and replacing the following: hoods, bodies, booms, buckets, steps, shields, doors, tubes, and so forth.

New Vehicle Preparation and Vehicle Disposal
The Contractor shall, upon request of the City, prepare r etired vehicles and equipment for disposal.

Preparation includes but is not limited to removing decals/logos, light bars, radio equipment, and special equipment on an as needed (time and materials) basis.

Emergency Services
The Contractor shall comply with the City's request to provide stand -by fleet maintenance and repair support during emergencies declared by the City. The City shall notify the Contractor with the details of the emergency situation and the anticipated service duration needed from the Contractor. The Contractor shall open their service center and provide services with an appropriate complement of personnel within twenty-four (24) hours of the required emergency services notification.

Note: The City shall compensate the Contractor in the ev ent of a declared emergency at the rate and terms agreed upon.

CAR WASH & DETAILING SERVICES
Car Wash
If equipped, the Contractor shall provide car wash services at their facilities or at the approved Contractors’ locations supplied by the City on an as needed basis.

City vehicles shall be washed and vacuumed after repairs and services, removing all paper mats, oils, fingerprints, etc., that may exist after services. Interior and exterior car wash services include, but are not limited to, full vehicle body wash, interior vacuuming, mirror, and glass cleaning, etc.

The initial cost shall include all cleaning, disinfecting, and other miscellaneous supplies necessary to accomplish the car wash services, whether included or contracted out.

Detailing Services
The Contractor shall offer detailing services on all vehicles on an as needed basis and shall perform detailing on all vehicles in accordance with the service interval of this SOW; scheduled every 6 months with th e PM or their designee . The Contractor shall provide all cleaning, disinfecting, and other miscellaneous supplies necessary to provide detailing services.

The Contractor's detailing services shall include at a minimum:
 Wash all exterior surface
 Clean all interior surface
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37 City of Montebello

 Treat all exterior and interior plastic/rubber with applicable treatment for this application.  Treat all tires with appropriate tire care solution
 Clean all interior and exterior windows and mirrors.
 Clean carpet and upholstery.
 Wax exterior of vehicle annually to protect the paint finish.  Clean engine compartment, removing all dust and debris, annually, to include wash down or engine cleaning treatment to enhance visual inspection and detect any new leaks or surface potential concerns that may be hidden under debris/dirt.

Note: The Contractor shall not spray coating on the engine compartment after cleaning.

New Logos/Insignia
The Contractor shall be responsible for maintaining and installing all faded and updated City departmental decals/logos, bumper stickers, vehicle numbers, and any other identifying insignia as required by the City.

Note: The City shall provide decals/logos; however, the Contractor must provide advanced notice, if possible, within seven (7) days, to allow the City to obtain new decals/logos that shall be used by the Contractor.

SECTION 7 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR CITYWIDE FLEET VEHICLE

MAINTENANCE & REPAIR SERVICES

THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2022, by the CITY OF MONTEBELLO, a California municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, CITY desires to retain a highly qualified professional Contractor to provide the CITY with vehicle maintenance & repair services for over two hundred City-owned and operated vehicles on an as-needed basis. (“Project”); and

WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and

WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, CONTRACTOR responded to CITY’s Request for Proposals (“RFP”) dated January 27, 2022 (“RFP No. 22-1”) with a proposal dated [INSERT DATE], as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

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38 City of Montebello

SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS

The above -referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of preference, all which are incorporated herein and made part of this Agreement, as though fully set forth herein.

A. This Agreement, including any and all addendum, attachments, exhibits or supplemental agreements,
B. RFP No. 22-1;
C. CONTRACTOR’s Proposal dated [INSERT DATE]; and
D. All other documents, including but not limited to, all required bonds, insurance, certificates, permits, notices, schedules, forms, certifications, and affidavits.

These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedent shall be as set forth above.

SECTION 2. SERVICES / COMPENSATION.

A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. CONTRACTOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.

C. CONTRACTOR shall be compensated a sum not-to-exceed $……………………………………… (the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto a s Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized billing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

D. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.

E. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

F. Failure of CITY to submit full paymen t of an invoice within thirty ( 30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONTRACTOR's discretion.

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39 City of Montebello

SECTION 3. TERM.

This Agreement shall commence on ………………, 2022 and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 7 herein.

The Parties agree that Sections 6(B), 11, 12, 13, 14, 15, 19, 20, 22, 23 and 26 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 4. CONTRACT DOCUMENTS.

For purpose of this Agreement, the contract documents for the previously mentioned Project shall consist of (and are outlined in the following order of preference):

A. RFP No. 22-1;
B. Proposer’s [DATE] Proposal for Comprehensive Operational Analysis (COA) and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.

All of the provisions of said Contract Documents constitute a mater ial part hereof and shall be hereby incorporated by reference as though fully set forth herein.

SECTION 5. PERFORMANCE.

A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.

C. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -Contractors to assist in the completion of services as herein defined.

Compensation for additional individuals, Contractors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.

E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, timecards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents , or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation RFP No. 22-1
40 City of Montebello

upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.

SECTION 6. WORK PRODUCT.

A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said w ork product shall be retained by CITY . CONTRACTOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement a re deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY . CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement . CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in CONTRACTOR’s standard software formats . CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware op erating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents, and employees harmless from and against all claims, loss, damages, expense, and liability arising from or connected with its use, reuse, misuse, modification, or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit, or any other damage.

SECTION 7. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 8. CITY SUPERVISION.

CITY’s Transportation Director (“Transportation Director”) shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 9. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

A. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten RFP No. 22-1
41 City of Montebello

(10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination . This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract . In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience . CITY shall have the option, a t its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective . Upon the termination of this Agreement as provid ed herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement . CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 10. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.

SECTION 11. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 12. INDEPENDENT CONTRACTOR.

A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.

Neither CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement . CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee, or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement . Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY . CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.

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42 City of Montebello

B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state, or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -Contractors with w orkers’ compensation insurance or any other insurance.

SECTION 13. PERS ELIGIBILITY INDEMNITY.

A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a c ourt of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and here by agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 14. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 15. INDEMNIFICATION.

CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penal ties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.

SECTION 16. INSURANCE COVERAGE.

During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and RFP No. 22-1
43 City of Montebello

effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, wi th limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease . CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, it s elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.

By executing this Agreement, CONTRACTOR further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein .

Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability . If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder . If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

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44 City of Montebello

The policy or policies required by this Agreement shall be issued by a n insurer admitted in the State of California, with a current rating of at least A : VII in the latest edition of Best's Insurance Guide, and approved by CITY.

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ notice for non-payment) prior written notice.

CONTRACTOR agrees that if it does not keep the previously mentioned insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

At all times during the Term of thi s Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the previously mentioned policies are in effect in the required amounts and naming CITY, its officers, agents, employees, and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents, and volunteers as a dditional insureds . All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY . Any insurance or self - insurance maintained by CITY, its officers, employees, agents, or volunte ers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents, or sub-Contractors, from waiving the right o f subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY . Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

Coverage not affected . Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents, and volunteers.

Coverage applies separately . CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self -insured retentions must be declared to and approved by CITY . At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

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45 City of Montebello

Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

CITY, its officers, and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 17. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONTRACTOR shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY . Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered , identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.

SECTION 18. NO WAIVER.

Waiver by any party hereto of any term, condition or covenant of this Agr eement shall not constitute the waiver of any other term, condition, or covenant hereof.

SECTION 19. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default, or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California . The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 20. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 21. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
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46 City of Montebello

B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any othe r party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 22. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof sh all so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an o riginal manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

SECTION 23. NOTICE.

All notices, demands, requests or approvals to be given under this Agr eement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered, or certified, addressed as hereinafter provided . All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

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47 City of Montebello

CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640

CONTRACTOR
________________________
________________________
________________________
________________________

SECTION 24. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handi cap, mental condition, or sexual orientation .

CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

SECTION 25. CONFLICT OF INTEREST.

CONTRACTOR and its officers, employees, associates, and sub-Contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the perfor mance of its services hereunder .

CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it . Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of th is Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONTRACTOR.

CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 26. FORCE MAJEURE

The ti me period(s) s pecified in the S chedule of Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes be yond the control and without the fault or negligence of CONTRACTOR, including, but no t restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including CITY, if CONTRACTOR shall within ten (10) days of the commencement of such delay notify CITY in writing of the causes for the delay. CITY shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of CITY such delay is justified. CITY’s determination shall be final and conclusive upon the Parties to this Agreement.

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48 City of Montebello

SECTION 27. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

[SIGNATURES ON NEXT PAGE]
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49 City of Montebello

CITY OF MONTEBELLO CONTRACTOR

_______________________ _____________________
René Bobadilla Name and Title
City Manager

Dated: _____________ Dated: _____________

ATTEST:

______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM

________________________
Arnold M. Alvarez-Glasman
City Attorney

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50 City of Montebello

SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department

SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 22-1

CITYWIDE FLEET VEHICLE MAINTENANCE & REPAIR SERVICES
In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.

The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.

The Proposer certifies that it has:

1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:

2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in the performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.

3. Examined the experience, skill , and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and

4. Carefully review the accuracy of all statements and figures shown in the Proposal an d attachment hereto.

Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.

The Proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that, RFP No. 22-1
51 City of Montebello

2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

The undersigned acknowledges receipt, understanding, and full consideration of the following addenda to the Proposal Documents:

Addenda No(s)
Dated Dated

Dated Dated

Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name:

Business Address:

Contact Person:

Phone:

Email Address:

Signature of Authorized Official: Signature of Authorized Official:

Typed or Printed Name: Typed or Printed Name:

Title Title

Date Date

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For Proposals requiring licenses the following information is required:

Contractor’s License No.

Expiration Date:

License Classification:

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52 City of Montebello

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Citywide Fleet Vehicle Maintenance & Repair Services Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, co sts, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (col lectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, sub -Contractors, material men, suppliers or their officers, agents, servants or em ployees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provis ion, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees ag ainst any such negligence.

This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnite e’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall b e construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent tha t the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence o r applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurren t, or subsequent non-active negligence by the Indemnitees.

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants, and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______

Date: ________________________________ ________________ Date: ________________________________ ________

RFP No. 22-1
53 City of Montebello

EXHIBIT B

REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

RFP No. 22-1
54 City of Montebello

EXHIBIT C

INSURANCE
The p roposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

Successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted doing business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy, or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross-liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or t he exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding s ubsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy f orm providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agree ment. City, its officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverages and automobile coverages with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional ins ureds to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed t o "Risk Manager," City of Montebello, 1600 West RFP No. 22-1
55 City of Montebello

Beverly Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce, or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to the beginning of p erformance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

RFP No. 22-1
56 City of Montebello

EXHIBIT D1

COST PROPOSAL SHEET
1 Transmission Rebuild
2 Engine Rebuild
3 Porter to pick-up and return car to and from Departments:
4 5 Annual Smog Check on all required Vehicles Gasoline & Diesel (Odd/Even Yr.) 6 Annual Opacity Reading for all Diesel Powered Veh (Identified in Contract) 7 Annual Boom Truck OSHA inspection
8 10.25%
* Contractors, fully encumbered, hourly rate of pay for all additional work Business Name: DATE OF SUBMITTAL:

Address:

STATE: ZIP:

Phone Number: FAX:

Rep.Name&Title:

NOTE: BIDDER MAY USE THEIR OWN PRICING SHEET AS LONG AS IT COVERS THE SAME ASSOCIATED COSTS AS NOTED ABOVE.

Car wash and prep, prior to returning vehicle to the Transportation Department:

By-Annual complete vehicle detail which includes engine and exterior waxing:

Note: Tax is applied to all parts at the current City Tax Rate:

Hourly Rate
Estimated
Hours
$
City:

NAME SIGNATURE

CITY OF MONTEBELLO

DEPARTMENT OF TRANSPORTATION
CITY VEHICLE SERVICES RFP NO. 00-00
By execution below, bidder hereby offers to furnish services and materials at the price and terms stated hereon subject to the specifications, instructions, and conditions, which are part of the Request for Proposal #00-00.

EXHIBIT D1
Parts Cost
City Vehicle and Equipment Price Sheet
Item
No. Description
Cost Per
Hour
Extended
Total
Warranty
Period
The City of Montebello reserves the right to accept or reject any or all proposals, to waive any irregularity in a proposal, and make an award as may best serve the interest of the City.

RFP No. 22-1
57 City of Montebello

EXHIBIT D2

TURN AROUND TIME SCHEDULE

CATEGORY ALLOWABLE TIME
Quick Fix 1-HOUR
Maintenance and Repair

 80% within 24 Clock-hours
 95% within 48 Clock-hours
Body and Paint Repair

 Not to exceed five (5) calendar days for
repairs less than $2000.00
 Not to exceed ten (10) calendar days for
repairs more than $2000.00

"UNLESS WRITTEN AGREEMENT WITH
CITY."
New Vehicle Preparation Two-(2) business days from receipt of preparation letter.

Emergency Services Response Same Business Day

RFP No. 22-1
58 City of Montebello

EXHIBIT D3

CONTRACTOR FACILITY INSPECTION REPORT

CITY OF MONTEBELLO

CONTRACTOR FACILITY INSPECTION REPORT

Mark “S” for Satisfactory or “U” for Unsatisfactory where applicable:

CONDITION SHOP OFFICE RESTROOM LUNCH

ROOM EXTERIOR
Unauthorized building alterations
Facility and/or equipment unsecured
Unauthorized material posted
Safety and accident precautions not met
Unclean conditions/appearance
Flammable/toxic materials not properly stored/disposed
Leaky faucets/hoses
Cluttered areas/work benches
Other – See below

ACTION REQUIRED (UNSATISFACTORY RATING ONLY): COMPLETION

DEADLINE

CORRECTIVE ACTION TAKEN (BY CONTRACTOR): DATE REINSPECTION

COMMENTS (FROM CONTRACTOR) RECEIPT OF COPY
BY:

CONTRACT PROGRAM MONITOR: SIGNATURE DATE

CONTACT PERSON PHONE NUMBER

LOCATION EMAIL ADDRESS

ADDRESS

CONTRACTOR
RFP No. 22-1
59 City of Montebello

EXHIBIT D4

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60 City of Montebello

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61 City of Montebello

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62 City of Montebello

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63 City of Montebello

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64 City of Montebello

EXHIBIT F
Bidder’s List of sub-Contractors (DBE and Non-DBE)
Part I
The bidder shall list all sub -Contractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE sub-Contractors elsewhere in the proposal. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

RFP No. 22-1
65 City of Montebello

Part II
The bidder shall list all sub -Contractors who provided a quote or bid but were not selected to participate as a sub - Contractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations.

Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

RFP No. 22-1
66 City of Montebello

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)

knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statemen ts or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause of default.

If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official

The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.

Signature of Attorney Date

RFP No. 22-1

67 Montebello Bus Lines

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION

The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond

Irrevocable Stand-By-Letter of Credit

Contractor’s Name:

Authorized Signature:

Title:

Date:

RFP No. 22-1

68 City of Montebello

EXHIBIT I

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS: that

(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and

(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the City.

Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly

1. Complete the Contract in accordance with its terms and conditions, or

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a success ion of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.

The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators, or successors of the City.

RFP No. 22-1

69 City of Montebello

Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)

Attach hereto proof of authority of officers or agents to sign bond.

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70 City of Montebello

EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE

The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the

Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

RFP No. 22-1

71 City of Montebello

EXHIBIT K
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)

Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its

RFP No. 22-1

72 City of Montebello

[THIS PAGE INTENTIONALLY LEFT BLANK]

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: F
ire Chief Fernando Pelaez, Fire Department
SUBJ
ECT: Approval to Submit Application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program
DAT
E: January 26, 2022
RECOMMENDATIONS:

It
is recommended that the City Council:
1) Approv
e the submission of the grant application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program; and 2) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
The C
alifornia Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program currently has a funding opportunity to submit a competitive grant application. Depending on the scope of the project, the City could potentially receive up to $200,000. This funding opportunity has no local matching funds requirement. If a grant is awarded and once the award amount is determined, staff will return to the City Council with a request to appropriate the funds.

BACKGROUND
The C
alifornia Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention (FP) Grants Program is funded by the State of California General Fund and with Cap- and-Trade auction proceeds appropriated by the California Legislature. Up to $120 million is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-22 from the CCI Greenhouse Gas Reduction Fund (GGRF) and State General Fund. CAL ITEM # 10
CITY COUNCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 Approval to Submit Application for the for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program

Page 2 of 2 ends

FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

DISCUSSION

The objective of the CAL FIRE grants program is to fund fire prevention projects and activities in and near threatened communities that focus on increasing the protection and reducing the threat of wildfires to people, structures, and communities. This grant provides funding for three activities: 1) Hazardous Fuels Reduction, 2) Wildfire Prevention Plan, and 3) Wildfire Prevention Education.

The Montebello Fire Department is seeking to submit a grant proposal for funding that will be use d towards wildland fire prevention and training skill enhancements for all Montebello Fire Department suppression personnel. Given the City’s proximity to wildland areas that frequently burn and require appropriate and specific training in order to properly and safely respond, this grant opportunity would provide much needed funding to provide training to the City’s first responders. O nce the proposed project is identified, the Department will be applying under the appropriate category based on specific needs (see list of three activities in the paragraph above) . The additional funding resources would provide much needed operational infrastructure to support the Fire Department’s overall strategic goals in the delivery of fire services to the community.

SUMMARY

That the City Council approve the submission of the grant proposal application for the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention Grants Program.

ATTACHMENT:

A. Attachment A – CalFire Fire Prevention Grants Program FY 2021-2022

California Climate Investments
Department of Forestry and Fire Protection
(CAL FIRE)
Fire Prevention Grants Program
Procedural Guide
FY 2021-2022
December 8, 2021
Attachment A
1 Table of Contents
Introduction ............................................................................................................................... 2 Fire Prevention Grants Program Summary ......................................................................................... 2 Qualifying Project Types and Activities .......................................................................................... 2 Hazardous Fuels Reduction ............................................................................................................ 3 Wildfire Prevention Planning ......................................................................................................... 3 Wildfire Prevention Education ....................................................................................................... 4 Eligibility, Conditions, and Important Points.............................................................................. 4 Conditions............................................................................................................................................ 6 Important Points ................................................................................................................................. 8 Prevailing Wage Requirements ......................................................................................................... 11 Greenhouse Gas Emissions (GHG) Requirements ............................................................................. 11 California Climate Investments (CCI) Reporting Requirements ........................................................ 12 Grant Application Review and Evaluation Factors ....................................................................12 Review Process .................................................................................................................................. 12 Evaluation Factors (Ranking Criteria) ................................................................................................ 13 Application Process and Project Administration ............................................................................... 15 Stage 1 - Project Application ............................................................................................................. 16 Stage 2 - Grant Application Review and Selection ............................................................................ 18 Stage 3 - Completed Grant Agreements............................................................................................ 18 Stage 4 - Grants Awarded .................................................................................................................. 19 Project Amendments, Modifications, and Terminations .................................................................. 19 Accounting Requirements ............................................................................................................ 19 Loss of Funding ............................................................................................................................. 20 Project Costs ................................................................................................................................. 20 Payment of Grant Funds ............................................................................................................... 22 Advance Payments ....................................................................................................................... 22 State Audit .................................................................................................................................... 23 Explanation of Terms ......................................................................................................................... 24 Appendix A – Environmental Compliance for CAL FIRE Projects (CEQA) ...................................27 Appendix B – Sample Resolution ..............................................................................................29 Appendix C – Invoice.................................................................................................................30 Appendix D – Check Lists ..........................................................................................................32 Appendix E – Project Application ..............................................................................................33 Appendix F – Project Scope of Work .........................................................................................36 Appendix G – Project Budget Spreadsheet ...............................................................................37 Appendix H - PDF Project Map ..................................................................................................38 Appendix I – Standard Required Forms.....................................................................................39 Appendix J – CalMAPPER for Awarded Grants ..........................................................................40 Appendix K – Low-Income and Disadvantaged Communities ...................................................43 Appendix L – How to Apply .......................................................................................................46

2 Introduction
This procedural guide includes information about the California Department of Forestry and Fire Protection (CAL FIRE) Fire Prevention (FP) Grants Program. The Program is funded by the State of California General Fund and with Cap-and-Trade auction proceeds appropriated by the California Legislature to agencies that administer California Climate Investments (CCI) and the General Fund (GF).

Up to $120 million is being allocated to CAL FIRE’s Fire Prevention Grants Program in Fiscal Year 2021-2022 from the CCI Greenhouse Gas Reduction Fund (GGRF) and GF. For more information about CAL FIRE’s other CCI programs, please visit CAL FIRE Grants.

Fire Prevention Grants Program Summary
CAL FIRE’s FP Grants Program provides funding for fire prevention projects and activities in and near fire threatened communities that focus on increasing the protection of people, structures, and communities. Funded activities include hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education with an emphasis on improving public health and safety while reducing greenhouse gas emissions.

California’s Strategic Fire Plan serves as a roadmap for project development. Projects are evaluated based on the overall benefit to reduce the threat of wildfires to people, structures, and communities. CAL FIRE will consider the wildfire hazards and risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding grants. Disadvantaged communities and low-income communities as defined by Assembly Bill 1550 (Gomez) (Stats. 2016, Ch. 369), and projects that demonstrate a carbon benefit by reducing greenhouse gas emissions and contain matching funds will receive additional priority. Projects are selected on a competitive basis and consecutive awards are not guaranteed. Designation can be determined using the process in Appendix K.

CAL FIRE will provide technical expertise and management oversight of grants but may not be the primary agency or applicant in projects.

Qualifying Project Types and Activities
The FP Grants Program funds three types of activities: hazardous fuels reduction, wildfire prevention planning, and wildfire prevention education. Below are some examples of qualifying projects and activities:

3 Hazardous Fuels Reduction
x Vegetation clearance in critical locations to reduce wildfire intensity and rate of spread x Creation or maintenance of fuel breaks in strategic locations, as identified in CAL FIRE Unit Fire Plans, a Community Wildfire Protection Plan, or similar strategic planning document
x Removal of ladder fuels to reduce the risk of crown fires x Creation of community-level fire prevention programs, such as community chipping days, roadside chipping, and green waste bin programs
x Selective tree removal (thinning) to improve forest health to withstand wildfire x Modification of vegetation adjacent to roads to improve public safety for egress of evacuating residents and ingress of responding emergency personnel x Reduction of fuel loading around critical infrastructure to maintain continuity of government and other critical services, including, but not limited to fire, police, water, sewer, roads, etc.
x Purchase of fuel modification equipment not to exceed $250,000. Equipment is an item of $5,000 or more per unit cost and has a tangible useful life of more than one year x Supplies include items under $5,000 per unit cost. Chainsaws are an example of a supply item and are not considered equipment
x Projects to improve compliance with defensible space requirements as required by Public Resources Code Section 4291 through increased inspections, assessment, and assistance
x Projects to reduce the flammability of structures and communities to prevent their ignition
Wildfire Prevention Planning
x Wildfire risk or related mapping
x Creation or update of strategic wildfire planning documents, such as:
o Evacuation plans
o Community Wildfire Protection Plans (CWPP)
o Local Hazard Mitigation Plans
o Safety Elements
o Wildfire prevention or mitigation plans

4 Wildfire Prevention Education

x Development and implementation of public education and outreach programs.

Programs may include technical assistance, workforce recruitment and training, and equipment purchases
x Workshops, meetings, materials creation, and other educational activities with the purpose of increasing knowledge and awareness of information that could be used to reduce the total number of wildfires, acres burned, and structures lost x To educate the public on wildfire mitigation and risk reduction strategies x Activities are subject to CAL FIRE approval
Eligibility, Conditions, and Important Points
Eligibility
x State Agencies
x Federal Agencies
x Native American Tribes
x Joint Powers Authority (JPA) if the entities involved are eligible applicants x Local agencies, including:
o City, county, or city and county
o Fire protection districts
o Community services districts
o Water districts
o Resource conservation districts
o Special districts
x Certified local conservation corps
x Fire Safe Councils with a 501(c)(3) designation
x Other qualified non-profit organizations with a 501(c)(3) designation

In situations where a local government has contracted with CAL FIRE for fire protection services, CAL FIRE is considered a local government for purposes of this grant program.

Applicants may not be one of the following:
x A privately held for-profit company or corporation
x Individual landowners requesting a grant specifically for a project to be completed on only their own land
x Homeowners’ associations or other associations unless they have 501(c)(3) non-profit status. These associations should consider applying through a fiscal sponsor such as eligible applicants listed above.

5 Examples of eligible costs include, but are not limited to:
x Removal of dead, dying or diseased trees posing an imminent threat to public rights-of- way and public infrastructure, which may include trees on private property x Contracted tree removal, transportation, holding site fees, and disposal x Costs that are necessary and prudent to the accomplishment of the project, e.g. o Equipment leased to perform work on project
o Thinning contractors
o Fuel and Maintenance
o CEQA/NEPA Costs

Examples of ineligible costs include, but are not limited to:
x Removal of trees from private property that do not pose an imminent threat to public health and safety
x Costs associated with improvement of landscaping, including planting x Costs that are not directly associated with the project x Costs already funded or budgeted through another source (i.e., supplanting) x Income, fees, revenues, or wages lost or voluntarily waived by a local agency x Activities or costs associated with permanent work such the construction of a biomass facility
x Costs incurred before or after the project performance period x Cost of preparing a grant and application
x Late fees, penalties, and bank fees

Examples of non-qualifying project types and activities include, but are not limited to:

x Purchase of capital equipment greater than $250,000
x Purchase of capital equipment without demonstrating how the equipment will be utilized
x Installation, creation, upgrade, or maintenance of fire protection features, such as roads, bridges, structures, or water storage facilities x Any project submitted by a for-profit company or corporation x Projects or activities utilizing CAL FIRE staff without corresponding reimbursements or requests seeking funding for services already provided by CAL FIRE

6 Conditions

1. Grants can be made only to “eligible” applicants.

2. Projects must provide benefits to habitable structures and people in and near wildfire threatened communities.

3. Projects utilizing partners must provide a letter of commitment from the entity as proof that they have contacted the entity, the entity has the required resources (if needed) to commit toward the project, and the entity supports the project.

4. Fire Prevention qualifying projects and activities are limited to those where the proposed project or activity addresses the hazards and risk to fire threatened communities that focus on increasing the protection of people, structures, and communities.

5. Applicants must consider greenhouse gas emissions of project activities and plan to reduce emissions as much as possible during project activities.

6. Grantees must have the ability to plan, administer, and complete the grant project.

7. For some projects, the Grantee may be required to prepare a California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) document. Projects requiring CEQA/NEPA review are required to provide documented compliance within 12 months from the grant execution. CEQA/NEPA compliance must begin immediately after grant execution. Documented CEQA/NEPA compliance is required prior to commencing any ground disturbing activity.

8. Projects proposed on a “forested landscape,” as defined in Public Resources Code (PRC) §754, will require a Registered Professional Forester (RPF) to design and oversee any fuel hazard reduction vegetation removal, as defined in PRC §753, copied below. The RPF will conduct at least one site visit during active project operations to ensure vegetation removal is being conducted according to the prescription. An RPF is not required to provide the general project information required in the Scope of Work during the grant application phase, but the applicant must demonstrate how CEQA/NEPA compliance will be met, including RPF involvement, in the Project Scope of Work and include this cost in the budget if applicable.

a. PRC §753 - “Forestry,” as used in this article, refers to the science and practice of managing forested landscapes and the treatment of the forest cover in general, and includes, among other things, the application of scientific knowledge and forestry principles in the fields of fuels management and forest protection, timber growing and utilization, forest inventories, forest economics, forest valuation and

7 finance, and the evaluation and mitigation of impacts from forestry activities on watershed and scenic values, to achieve the purposes of this article. The practice of forestry applies only to those activities undertaken on forested landscapes. The professions specified in Section 772 are not practicing forestry when mitigating or recommending mitigation of impacts from previous forestry activities on related watershed or ecological values within their area of professional expertise or when recommending those mitigations for proposed timber operations.

However, public, and private foresters are required to be licensed pursuant to this article when making evaluations and determinations of the appropriate overall combination of mitigations of impacts from forestry activities necessary to protect all forest resources.
b. PRC §754 - “Forested landscapes” means those tree dominated landscapes and their associated vegetation types on which there is growing a significant stand of tree species, or which are naturally capable of growing a significant stand of native trees in perpetuity, and is not otherwise devoted to non-forestry commercial, urban, or farming uses.

9. Projects outside of a “forested landscape” should consider the use of a professional ecologist, biologist, certified rangeland manager, arborist, RPF, or other professional with knowledge of local ecosystem processes to develop an appropriate fuel hazard reduction removal project.

10. CAL FIRE has the discretion to specify an earlier project completion date at the time of award based on the funds associated with the grant award. CAL FIRE will work with the awardees to ensure projects will still be achievable within the earlier timeframe.

11. Fuel reduction vegetation treatment prescriptions shall focus on increasing safety for the public and first responders as well as reducing fire hazards, improving tree growth, and increasing structure, community, and forest resilience. Treatments shall eliminate the vertical and horizontal continuity of vegetative fuels for the purpose of reducing the rate of fire spread, duration and intensity, fuel ignitability, ignition of tree crowns, or structures.

12. Required project deliverables for all hazardous fuel reduction projects to be included in the Project Scope of Work:
a. Pre-and post-treatment description of site conditions and project results relative to hazardous tree or vegetative conditions, wildfire hazard reduction goal accomplishments, or measurable metric for evaluation of the project (such as number of acres treated). CAL FIRE reserves the right to retain copies of these descriptions and publicly disseminate the information for its own purposes. b. GIS data files supporting the project map to allow CAL FIRE to accurately document the spatial extent of the project.

8 c. Documented CEQA/NEPA compliance within 12 months of grant execution. This includes CEQA or demonstration of exemption.

13. Grant applications must describe the method used to determine the grant amount requested. This methodology must include the grant costs less any income from forest products or other revenues received from the grant implementation.

14. All project and activity work related to grants must be completed by March 15, 2026.

Grant projects may have an earlier completion date but must be completed by March 15, 2026.

15. Final invoices for grant-related work must be submitted to CAL FIRE no later than 30 days after the project completion date.

16. A final report is due within 30 days of the grant expiration or along with the grant final invoice. Pre-project and post-project pictures must be submitted with the Final Report along with updated polygons.

17. Projects must demonstrate all efforts to reduce greenhouse gas emissions. Projects that demonstrate significant greenhouse gas emissions reductions will be favored.

18. Grantees are required to include the California Climate Investments funding boilerplate and logo with the CAL FIRE logo on all outreach and public-facing materials including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/program websites.

Important Points

1. Each application should focus on one or more of the following major activities:
a. Hazardous Fuels Reduction
b. Wildfire Prevention Planning
c. Wildfire Prevention Education

2. Submission of Application to the CAL FIRE FP Grants SharePoint folder is due by February 9, 2022 at 3:00 PM PST.

3. No reimbursable work on the proposed Fire Prevention Grant projects may commence until there is a fully executed agreement between CAL FIRE and the Grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee.

9 4. All project and activity work related to grants must be completed by March 15, 2026.

5. No ground disturbing work may commence until the requirements of CEQA/NEPA have been satisfied.

6. Agreements must be executed by the date specified in the Agreement.

7. Reimbursement payments are expected to be issued 45 calendar days from the time an acceptable invoice is submitted. Payments are sent via U.S. Mail; electronic payment is not available. The invoice approval process is as follows:
1) Invoice submitted to the Region for review and approval 2) Unit reviews the invoice and performs a project site inspection if applicable, to verify that work to be invoiced has been satisfactorily completed according to the deliverable items described in the grant documentation 3) Grants Management Unit reviews and submits the invoice to the Business Service Office for payment.

8. When a Contract County is the Grantee, the Contract County must contact the CAL FIRE Administrative Unit to conduct an inspection of the modification efforts prior to invoicing the CAL FIRE Administrative Unit for completed work. The CAL FIRE Administrative Unit or designee will conduct an inspection to verify that work to be invoiced has been satisfactorily completed according to the deliverable items described in the grant documentation.

9. A resolution or attesting document is required for all Fire Prevention Grants. The attestee cannot be the same individual as designated by the board to sign the agreement. Please refer to the sample resolution (Appendix B).

Note: Where the line indicates ‘whereas, the Board designates (designee’s title)’, list the title rather than an individual’s name. In the event the individual retires or leaves the organization, a new resolution designating a replacement will be required if a name is listed rather than the working title. The resolution should name the designee for not only entering into agreements on behalf of the board but also the authorized signatory for invoices.

10. The Fire Prevention grants are not designed nor intended to create or substantially support ongoing administrative positions.

10 11. A Quarterly Progress Report is required and is located on our website at Quarterly Progress Report. The quarterly progress report will be due within 30 days of the end of every calendar quarter, i.e., report covering January through March is due no later than April 30th (even if no fiscal activity has occurred):

Quarter Progress Report Covering Due Date
1st Quarter January 1 – March 31 April 30
2nd Quarter April 1 – June 30 July 30
3rd Quarter July 1 – September 30 October 30
4th Quarter October 1 – December 31 January 30

12. A Final Report is required and is located on our website at Final Report. The final report is due within 30 days of the grant expiration or along with the grant final invoice:
a. Pre-project pictures and post-project pictures must be submitted with the Final Report
b. Updated polygons reflecting completed treatment areas must be submitted with the Final Report

13. The inclusion of indirect costs is acceptable for Fire Prevention Grant projects but must not exceed 12% of the total amount of grant funds provided to the Grantee, minus equipment. The 12% maximum of indirect cost applies to all entities including University of California (UC) and California State University (CSU) entities. Documentation related to the determination of the Grantee’s indirect cost rate must be retained by the Grantee for audit purposes.

14. All educational materials and planning documents created and used for a Fire Prevention Grant project must be submitted to CAL FIRE. CAL FIRE may retain copies of these materials and utilize them for CAL FIRE’s own purposes. Similarly, any Fire Prevention Grant project photos, videos, testimonials, or other similar information submitted to CAL FIRE throughout the performance of the project may be retained by CAL FIRE and utilized for CAL FIRE’s own purposes.

11 Prevailing Wage Requirements
CAL FIRE provides no opinion as to whether projects may be subject to prevailing wages. For determination for prevailing wages, please contact the Department of Industrial Relations (DIR) at DIR Prevailing Wage. It is the applicant’s responsibility to budget for prevailing wages in their project cost when applicable.

Greenhouse Gas Emissions (GHG) Requirements
California Climate Investments (CCI) administered by CAL FIRE through the Forest Health, Fire Prevention, and Urban and Community Forestry Programs contribute to California’s climate goals by reducing emissions from wildfires, stabilizing long-term storage of carbon in biomass, and improving carbon sequestration in California’s natural and working forests.

In terms of direct emissions benefits, the objectives of the FP Grants Program are to:
x Reduce GHG emissions from wildfire and prevent need for cleanup and rebuilding of communities following destructive wildfire events
x Provide fire personnel with more opportunities to access the fire perimeter to extinguish fires more quickly, thereby reducing GHG emissions x Encourage projects that result in smaller scale fires to reduce carbon emissions and reduce the carbon impact
x Improve health and resilience of treated areas for increased carbon sequestration. x Improve public awareness and reduce human caused wildfire ignitions x Promote orderly growth and development through land use planning which helps to reduce GHG emissions

Eliminating wildfire starts, mitigating wildfires before they progress into wildland areas, and facilitating firefighting efforts and safety all contribute to reduced wildfire emissions over time.

The FP Grants Program also includes support for planning, such as development of Community Wildfire Protection Plans, and education programs that promote fire-safe communities to capture the benefits and synergy of collective, community-wide efforts.

However, fuel reduction activities also release greenhouse gas emissions at the time of treatment, and CAL FIRE must balance emissions costs and benefits of the Fire Prevention and Forest Health Programs to comply with the law. Minimizing emissions of fuel treatment activities, using disposal methods other than open burning, and optimizing vegetation health options in the development of treatment prescriptions are important steps in project development to achieve balanced emissions costs and benefits.

Awardees will be required to submit information about project size, vegetation type, location, and treatment area so that CAL FIRE staff may complete emissions calculations for the project.

12 Calculations will be completed using an existing methodology produced by CAL FIRE and the California Air Resources Board for the Forest Health Program. Emissions effects of activities that do not fit the existing methodology will be described in detail. The grant application review process will include consideration of project activities with emissions benefits.

California Climate Investments (CCI) Reporting Requirements Fire Prevention Grants are funded by Cap-and-Trade auction proceeds appropriated by the California Legislature to the California Department of Forestry and Fire Protection (CAL FIRE), who is responsible for administering funds allocated from the CCI Program.

Accountability and transparency are essential elements for CCI. Full public disclosure is required to provide information on how administering agencies are investing appropriations from the GGRF and what benefits are being achieved from those investments. CAL FIRE is responsible for collecting project information and reporting information to CCI.

For each grant project that is awarded in the amount of $1,000,000.00 or more, Grantees must submit jobs reporting data to CAL FIRE on a semi-annual basis in June and December. The reporting cycles cover information for the following periods: December 1 – May 31, June 1 – November 30. All grant projects meeting that criteria will be notified of the reporting dates and the data requirements.

Grant Application Review and Evaluation Factors
Review Process
Applications will be reviewed by CAL FIRE. The application review involves three levels:
x Local – CAL FIRE Units & Contract Counties
x Regional – CAL FIRE Northern and Southern Regional Offices x Statewide – Statewide review team. The statewide review team will prepare a list of recommended projects and activities for consideration by the Director of CAL FIRE. The Director will make decisions on approved projects and activities taking into consideration the recommendations of the statewide review team.

Emphasis at each level will be placed on projects and activities that address hazards which reduce potential risk from wildfire in and near communities. The department shall consider the fire risk of an area, the geographic balance of projects, and whether the project is complementary to other fire prevention or forest health activities when awarding local

13 assistance grants. Additionally, to the extent possible, a project or activity will not be selected if it conflicts or competes with another proposed or approved project.

Evaluation Factors (Ranking Criteria)
In evaluating applications, CAL FIRE is seeking information that allows it to consider the following factors:

1. The grant application clearly identifies the focus of the grant as Hazardous Fuels Reduction, Wildfire Prevention Planning, or Wildfire Prevention Education.

2. The project addresses hazards and risks from wildfire. a. The project includes Fire Hazard Severity rankings and indicates areas and their relative proportion of Very High, High and Moderate Fire Hazard Severity Zones as adopted by the State Fire Marshal and identified in the CAL FIRE map located at Fire Hazard Severity Zones.
b. The proposed project is in or near a wildfire threatened community and adequately describes how it will address the hazards and risks from wildfire. c. The project protects other assets of wildfire threatened communities to maintain continuity of government operations and critical services. This includes, but not limited to, fire, police, power, water, sewer, roads, and other critical facilities. If the project does involve community infrastructure, it must explain how it will address the hazards and risks from wildfire to these assets.

3. The project is related to or part of one or more strategic plans or tree removal plan:
a. The project is included in or consistent with one or more of the following plans:
i. CAL FIRE Unit Fire Plan, Contract County Fire Plan, Local Fire Plan, a CWPP, Community Evacuation Plan, tree removal plan, Fire Safe Council Action Plan, Firewise USA Community Wildfire Risk Assessment, Local Hazard Mitigation Plan, Safety Element plan, or other local plan (identified in Scope of Work) that addresses the hazards and risks from wildfire. b. The project proposes to create, or update, a long-term fire hazard reduction planning document affecting or involving communities in the WUI, such as, but not limited to, a CWPP or Community Evacuation Plan. A strategic planning document would include a Safety Element of a General Plan and a Local Hazard Mitigation Plan with elements for increasing safety for the public and first responders.

14 c. The project removes hazardous trees in collaboration with other entities, other funding sources, or as part of a larger tree mortality project. d. The project considers other projects in the last five years in the Unit/Contract County (approved – but not started, in progress, or completed) and adds to those efforts.
e. The project will lead to the completion of or is tied to a current tree removal plan. f. The project strategically advances the protection of WUI communities across a region and/or the state, while increasing safety for the public and first responders.

4. The applicant has taken steps to reduce emissions as much as possible, such as chipping, or mulching removed vegetation rather than burning it or disposing of material through biomass markets. The applicant is willing and able to provide project data as requested to calculate project emissions.

5. Community support exists.
a. The project includes plans for external communications, such as planned press releases, project signage, community meetings or field tours that all, or in part, reach owners and residents in the project area.
b. Letters of Support have been obtained.
c. Letters of Commitment from partnering entities should be submitted with application.
d. Please note that although matching funds are not required, the existence of matching funds is a positive factor.

6. There is an implementation plan in place.
a. The project includes a detailed timeline that addresses potential limitations and includes specific tasks and milestones to measure progress during implementation of the project.
b. The project includes an accurate set of deliverables that are measurable and attainable.
c. The project is fully defined with metrics to measure progress and completion.

7. The project budget and narrative are clear and reasonable. a. The proposed budget shows how grant funds will be spent by category.

15 b. Indirect costs are reasonable for the project proposed and must be 12% or less of the total grant request, minus equipment costs.
c. Costs are reasonable for the size, scope, and anticipated benefit of the proposed project.
d. For hazardous fuel reduction projects, the actual number of acres being treated is clearly defined.

8. There is demonstrated capacity to administer the grant. a. The applicant shows an acceptable amount of experience in administering grants. This is largely based on successfully administering other grant-funded projects/activities over the past five years. Project proponents having no previous experience with similar projects should discuss any past experiences that may help show capacity to successfully complete the proposed project. This may include partnering with a more experienced organization that can provide project support.
b. Discuss successes and administration of previously awarded CAL FIRE grants or grants administered by the applicant for other granting entities.

Application Process and Project Administration
Applicants are strongly encouraged to work with the local CAL FIRE Unit for guidance in developing project plans for your application. A CAL FIRE Unit contact list by county is located on the FP Grants website. Building a relationship with the local CAL FIRE Unit enhances the potential for a successful application and project award.

Applications not received by the deadline, not submitted in the CAL FIRE FP Grants SharePoint folder, or that do not adhere to the procedures in this guide, will not be accepted or considered.

Applicants will request a Project Tracking Number by emailing ONE of the following:

[email protected] (Northern Region Contact)
[email protected] (Southern Region Contact) [email protected] (Sacramento)

16 Applicant MUST specify the grant application for which they are requesting tracking number.

The request shall include:
x The applicant organization name
x The name of the CAL FIRE Unit where the project or activity will be located. x The name of the project (if available)
x Email address of the individuals that will need access to the CAL FIRE SharePoint Folder to submit the application

The CAL FIRE email reply will include the assigned Project tracking number as well as links to the SharePoint folder and the Project Mapping Program.

Stage 1 - Project Application
Due February 9, 2022 at 3:00 PM PST
Electronic Application Submission in the CAL FIRE FP Grants SharePoint folder and Project Mapping Program:

Upload all documents related to your application to the CAL FIRE FP Grants SharePoint folder no later than 3:00 PM PST on February 9, 2022. Instructions on how to apply through the SharePoint folder can be found at CAL FIRE FP Grants. Instructions on how to draw and submit a Geo Point and Polygons in the Project Mapping Program can also be found at CAL FIRE FP Grants
x Late submissions will be rejected. No exceptions. Late is defined as: after 3:00 PM PST on the due date according to the date stamp on the CAL FIRE FP Grants SharePoint folder. To avoid possible issues uploading documents (such as internet connectivity and internet speed), applicants are highly encouraged to upload their documents as early as possible.
x Please ensure you have retained a copy of all documents uploaded to the CAL FIRE FP Grants SharePoint folder for your own records. All user access to the CAL FIRE FP Grants SharePoint folder may be revoked after 3:00PM (PST) on the due date.

Applicants will upload application documents along with their application. The project application package consists of several attachments. These attachments are described in more detail in the appendices of this Procedural Guide. A completed Project Application Package must include the following additional documents:

17 x Attachment 1 – Grant Application (uploaded in a fillable PDF format as well as a scanned signed copy of the signature page.) Do not modify the application form. x Attachment 2 – Scope of Work
x Attachment 3 – Proposed Project Budget in Excel format x Attachment 4 – PDF project map
x Attachment 5 – Payee Data Record Standard Form 204
x Attachment 6 – Articles of Incorporation including the Seal from the Secretary of State or Letter of Determination or Affirmation from the Internal Revenue Service (for non- profit applicants only)
x Attachment 7 – Board Resolution granting authority to sign (if a signed board resolution is not available for the application, please submit a non-signed board resolution. A signed board resolution must be submitted in the grant agreement package, if awarded) x Attachment 8 –Project Mapping Program (online submission) x Attachment 9 – State of California Non-Discrimination Compliance (Std. 19) x Attachment 10 – State of California Drug-Free Workplace Certification (Std. 21) x Attachment 11 – Exhibit A and B of the University Model Agreement (only required for UCs, CSUs and their auxiliary entities that require the use of the University Model Agreement)

Complete these attachments accurately to avoid delays due to corrections and revisions prior to final approval. If revisions are necessary during Stage 2, then the revised Attachments 1 - 4 will be used in final documents agreed upon between the State and the Grantee as part of the final Grant Agreement. (Exception: Attachment 11 will be used in lieu of Attachment 2 and 3 for UCs, CSUs, and auxiliary entities. However, Attachment 2 and 3 shall contain the same SOW and Budget amounts and will be used for scoring purposes.)
Project Mapping Program
In addition to the CAL FIRE FP Grants SharePoint folder application package, each project will require an online mapping submission in our Project Mapping Program database. The online mapping submission consists of submitting a GeoPoint for all project types. For Hazardous Fuels Reduction and Wildfire Prevention Planning projects, you will need to submit Treatment Area and Project Area polygons as well. The Instructions on how to draw and submit a GeoPoint and Polygons in the Project Mapping Program can also be found at CAL FIRE FP Grants. There is a video and a quick reference guide with screenshots of the online mapping program. x Hazardous Fuel Reduction and Wildfire Prevention Planning applications without Geo Points and Polygons submitted in the Project Mapping Program will not be accepted x Wildfire Prevention Education projects will submit the Geo Point only

Complete all documents accurately to avoid delays due to corrections and revisions prior to final approval. If revisions are necessary during Stage 2, then the revised documents will be used in the final grant agreement between the State and the Grantee.

18 x Late submissions will be rejected. No exceptions. Late is defined as: after 3:00 PM PST on the due date according to the date stamp on the CAL FIRE FP Grants SharePoint folder. To avoid possible issues uploading documents (such as internet connectivity and internet speed), applicants are highly encouraged to upload their documents as early as possible.
x Please ensure you have retained a copy of all documents uploaded to the CAL FIRE FP Grants SharePoint folder for your own records.

Stage 2 - Grant Application Review and Selection
Sacramento staff will review the project application packages for completeness and determine if the project meets the objectives of the program. Applications found to meet the initial criteria will continue in the review process. Incomplete applications will be disqualified.

Notification of grants selected for funding will be sent to the applicant. The grant agreement package for successful grant applicants will be emailed after selection and include any required grant agreement forms and instructions to proceed to Stage 3.

Stage 3 - Completed Grant Agreements
Upon receipt of the Grant Agreement package, all awarded grant applicants shall print and sign the two original signature grant agreements and submit them with a copy of Attachments 1-4.

The complete Grant Agreement package shall include a complete set of the following:
x The Grant Agreement with Terms and Conditions - 2 copies with original signatures x Attachment 1 - Final Grant Application
x Attachment 2 - Final Scope of Work
x Attachment 3 - Final Project Budget
x Attachment 4 - PDF Project Map

Awarded grant applicants shall return original signed agreements and any additional information required following the instructions provided in the Grant Agreement correspondence and are strongly encouraged to complete and submit as soon as possible.

Grant packages not completed and/or not received by the agreement deadline may not be eligible for funding.

19 Stage 4 - Grants Awarded
Once the grant agreement is received and signed by the State Fire Marshal or designee, the approval process is complete. All agreements must be signed and submitted per deadlines established by CAL FIRE.

A CAL FIRE designee will be named as the designated contact. The CAL FIRE designee will work with the Region Program Manager on any grant project issues.

The CAL FIRE designee will conduct periodic and final inspections to ensure compliance with the project plan and environmental rules and regulations. All project messaging and documents must be approved by CAL FIRE.

CAL FIRE may perform an audit at any time during or upon completion of the project as described in this guide under “State Audit.”
Grant Termination Date: All project and activity work related to the grant must be completed by the project completion date identified in the agreement or no later than March 15, 2026.

Project Amendments, Modifications, and Terminations
After project commencement, an agreement may only be amended by written consent of both the State and Grantee. An agreement may be terminated by the State or Grantee upon providing written notice to the other party, thirty (30) days in advance of termination.

A Grantee wishing to change the scope or budget of an approved project at any stage shall submit the proposed change in writing, preferably on entity letterhead, to CAL FIRE for review and subsequent approval in writing. Any change must be consistent with the need cited in the original application and authorizing legislation. Any modification or alteration to the grant agreement on file must be submitted to the State for review and may require a formal amendment.
x Any reduction in the actual number of acres being treated in a hazardous fuel reduction grant may result in a corresponding reduction of the grant award Accounting Requirements
The Grantee shall maintain an accounting system that follows Generally Accepted Accounting Principles. The accounting system must accurately reflect fiscal transactions, using the necessary controls and safeguards. This system shall provide an adequate audit trail, including original source documents such as receipts, progress payments, invoices, purchase orders, timecards, canceled checks, etc. Please redact account numbers and personal identifying information before submitting invoices. The system shall also provide accounting data so the

20 total cost of each individual project can be readily determined. CAL FIRE may request records and documentation at any time. These records shall be retained by the Grantee for a period of three years after final payment is made by the State or one year after final disposition of any disputed audit findings, whichever occurs later unless it is the Grantee’s policy to retain records for a longer duration. Avoid audit exceptions – keep accurate records.

Loss of Funding
The following are examples of actions that may result in a Grantee’s loss of funding:
x Grantee withdraws from or fails to complete the funded project (conform substantially to the Agreement)
x Grantee fails to submit all required documentation within the time periods specified in the grant agreement
x Grantee fails to submit evidence of CEQA/NEPA compliance within 12 months of the execution of the agreement as specified by the grant agreement x Grantee changes the project scope without the approval of the State x Grantee or the State terminates the project by written notice 30 days in advance x Activities that would lead to the project not achieving a GHG Reduction Project Costs
Project costs must be consistent with the approved project and incurred during the performance period as specified in the grant agreement.

Budget Item Eligible Cost Required Documentation
Salaries and Wages Salaries and wages of employees employed by the Grantee who is DIRECTLY engaged in the execution
of the grant project. Limited to actual time spent on
the grant project. (i.e., does not include holiday pay, overtime, sick pay, vacation pay, personal time off)
Examples of expenditures include time-related to
site visits and project monitoring and completion of
reporting related to the grant project. Staff time
related to accounting, business services, etc. are
allowed only if those functions are not included in
the Grantee's overhead cost.

A payroll summary of all employees’ time
spent on the project must be provided with
invoices requesting salary/wage
reimbursement. Payroll documentation
should show a nexus between time worked
on the project and wages paid to the
employee after the fact. Timesheets or similar
documentation detailing days and hours
worked on the project must be maintained
and retained by the Grantee for audit
purposes but should not be submitted to CAL
FIRE unless otherwise instructed.

Benefits Employer contribution share of fringe benefits associated with employees (paid from salaries and
wages Budget Item) who are directly engaged in the
execution of the grant project. This will include
Social Security, Medicare, Health Insurance, Pension
Plan costs, etc. as applicable for the specific
employee. Does not include Sick/Vacation/Holiday
leave.

Same documentation as Salaries and Wages.

Payroll summary documentation showing
wages and hours paid to employee and
associated fringe benefits. Back-up
documentation to be retained by Grantee for
audit records.

21 Budget Item Eligible Cost Required Documentation
Contractual Direct consultant and contractual services necessary to achieve the objectives of the grant. Examples of
contractual costs will be RPF
supervision/certification, professional/consultant
services (the costs of consultant services necessary
for project planning and implementation), fire
prevention contractor, etc. Procurement of
contractual services should be documented to
ensure selection on a competitive basis and
documentation of price analysis.

Invoices from consultant/contractor
identifying expenditure, services performed
and period of services. Documents related to
consultant/contractor selection analysis shall
be kept by the Grantee but available for audit
purposes.

Travel Travel cost associated with travel to and from
project sites, meetings, etc. directly related to the
grant project and must be considered reasonable
and necessary for the completion of the project.

Reimbursement rates shall be consistent with the
Grantee's written travel policy. Absent a written
policy, per diem shall not exceed the California
Standard Per Diem Rate allowable by the U.S.

General Services Administration. Mileage rates shall
not exceed the rates allowable by the IRS.

Receipts identifying travel cost (i.e., lodging,
rental cars). Mileage must be documented by
either employee travel claims that are signed
by the employee or vehicle mileage logs for
vehicles owned by the Grantee. Per Diem
must be documented by employee travel
claims.

Supplies Supplies that are used in the direct support of the project are allowable. Supplies exceeding $500 per
unit cost shall be documented to ensure
procurement of supplies on a competitive basis and
documentation of price analysis. Supplies include
items under $5,000 per unit cost. (e.g., chainsaws
etc.)
Receipts identifying item purchased, cost, and
date of purchase. Documentation related to
price analysis of procurement of supplies
exceeding $500 shall be kept by the Grantee
and made available for audit purposes.

Equipment Equipment is an item of $5,000 or more per unit cost and has a tangible useful life of more than one
year. Equipment is not to exceed $250,000. The cost
to lease equipment to use in the grant project may
be charged to the grant. Use of equipment owned
by the Grantee may be charged to the grant at a
rate set by the California Department of
Transportation Labor Surcharge and Equipment
Rental Rate Guide. Purchase of equipment using
grant funds is allowable only with prior approval by
CAL FIRE. A cost-benefit analysis to justify the cost
of purchasing equipment versus leasing must be
provided. Procurement of equipment must be done
on a competitive basis and include documentation
of price analysis.

The Grantee must include in the application
package the proposed use and maintenance plans
for equipment after the performance period of the
grant. Disposition of equipment beyond the project
performance period is subject to CAL FIRE approval.

If Grantee fails to complete grant and/or dissolves
during grant, equipment shall be returned to CAL
FIRE. Equipment shall not be used as collateral or
other means.

Cost of leased equipment charged to the
grant must be substantiated with receipts
identifying equipment leased, dates
equipment was leased, lease rate and total
cost. Use of Grantee equipment must be
substantiated with an equipment usage log
that identifies the equipment used, rate, and
total rental cost. Cost of equipment
purchased shall be substantiated by purchase
receipt. Documentation related to price
analysis of procurement of equipment shall
be kept by the Grantee and made available
for audit purposes. Disposition of the
equipment must be approved by CAL FIRE in
writing at the end of the grant term.

22 Budget Item Eligible Cost Required Documentation
Other Other costs that do not fit in any of the above
categories. The cost must be directly related to the
grant project. A cost (such as rent, utilities, phones, general office supplies, etc.) that must be
apportioned to the grant is considered indirect cost
unless written justification is submitted and
approved by CAL FIRE.

Invoices or receipts identifying the item and
cost charged to the grant.

Indirect Costs Indirect Costs are costs associated with doing business that are of a general nature and are
incurred to benefit two or more functions within
the Grantee organization. These costs are not
usually identified specifically in the grant
agreement, project, or activity, but are necessary
for the general operation of the organization.

Examples include salaries and benefits of employees
not directly assigned to a project; functions such as
personnel, accounting, budgeting, audits, business
services, information technology, janitorial, and
rent, utilities, supplies, etc. Functions included as
direct versus indirect costs must be applied
consistently for all activities within the Grantee
organization, regardless of fund source. The
maximum allowable indirect charge for this grant
program for all entities including UC’s and CSU’s, is
12%.

Applied on a percentage (%) basis on direct
costs except for equipment.

Documentation related to the determination
of the Grantee’s indirect cost rate must be
retained by the Grantee for audit purposes.

Payment of Grant Funds
Funds will be disbursed only when there is a fully executed grant agreement between CAL FIRE and the Grantee. An agreement is considered fully executed upon signature and approval by the State Fire Marshal or designee. All payments are made on a reimbursement basis, except in cases where CAL FIRE authorizes advanced payments. (i.e., the Grantee is invoiced for services, products, or supplies; invoices CAL FIRE for same; and is reimbursed by the State upon approval of the invoice). No work prior to or after the grant period will be reimbursable.

CAL FIRE has the legal right to conduct a spot inspection to verify that work invoiced has been satisfactorily completed. If an invoice is incomplete or non-reimbursable, it will be returned to the Grantee. The Grantee will need to update the date on the invoice if corrections are required.

Advance Payments
Advance payments may be considered for nonprofit organizations, local agencies, special districts (including RCDs), and Native American tribes. Advance payments are solely at CAL FIRE’s discretion and eligibility and may be subject to change. An advance request form must be submitted identifying how funds may be used over a six-month period. For advance requests for the purchase of necessary equipment approved within the grant, the Grantee may request

23 an advance not to exceed 50% of the total award or cost of equipment, whichever is lesser. All other advance requests shall not exceed 25% of the total grant award. Advances must be fully utilized within a six-month period unless additional time has been requested and is approved by CAL FIRE. No single advance payment shall exceed 25% of the total grant award. No additional advances may be requested until acceptable documentation is received by CAL FIRE that the previous advance has been fully liquidated on eligible expenses. In addition, an accountability report must be submitted to CAL FIRE at least every 4 months upon receipt of funds until funds have been fully liquidated.

CAL FIRE processes for approving and managing grant advances are subject to change. CAL FIRE may request Grantee to submit all past due reporting prior to approving funds for advance payments.

State Audit
At any time during or upon completion of the project, the State may audit the project records.

A project is considered complete upon receipt of the final grant payment from the State. The purpose of the audit is to verify that project expenditures were properly documented.

If your project is selected for audit, you will be contacted at least 30 days in advance. The audit should include all books, papers, accounts, documents, or other records of the Grantee, as they relate to the project for which state funds were granted. Projects may be subject to an audit at any time for up to three years after project completion.

To expedite the audit, the Grantee shall have the project records readily available, including the source documents, and canceled warrants. The Grantee shall also provide an employee having knowledge of the project and the accounting procedure or system to assist the state auditor.

The Grantee shall provide a copy of any document, paper, record, or the like as requested by the auditor. Projects will be suspended if the audit reveals discrepancies or if CAL FIRE believes there are improprieties or issues with the project.

All project records must be retained by the Grantee for a period of not less than one year after the state audit or after final disposition of any disputed audit findings. Grantees are required to keep source documents for all expenditures related to each grant for at least three (3) years following project completion and one year following an audit unless the Grantee has a longer retention policy.

24 Explanation of Terms

TERM EXPLANATION
Agreement A legally binding agreement between the State and another entity.

Amendment A formal modification or a material change of the Agreement, such as terms, cost, budget, or scope of work.

Applicant The entity who has applied, requesting grant funds.

Application The individual application form identified as Appendix E and its required supporting attachments for grants pursuant to the enabling legislation and/or program.

Appropriation A Legislative budget authorization from a specific fund to a specific agency or program to make expenditures or incur obligations for a specific purpose and period.

Authorized
Representative
The designated position identified in the Resolution as the agent to sign all required grant documents including, but not limited to, grant agreements, Application forms, and payment requests.

CEQA The California Environmental Quality Act as stated in the PRC § 21000 et seq.; Title 14 California Code of Regulations (CCR) §15000 et seq. CEQA is a law establishing policies and procedures that require agencies to identify, disclose to decision makers and the public, and attempt to lessen significant impacts to environmental and historical resources that may occur because of the agency’s proposed Project.

Consultant Services Services which provide a recommended course of action or personal expertise, such as accounting or a Registered Professional Forester (RPF).

Contractor An entity contracting with the Grantee for services and generally receives a form 1099 for tax purposes.

Direct Costs Expenses of doing business that are directly attributable to the Project. Examples of direct costs are salaries and benefits of employees directly associated with a Project or expenses of items used directly by the Project.

Employee Individuals employed directly by the Grantee and generally receives a W-2 for tax purposes.

Encumbrance A commitment of funds guaranteeing a source of payment for a specific Agreement.

Execution of an
Agreement
The act of signing an Agreement, which provides a legal basis for required performance by parties to the Agreement.

Grantee The entity that has an executed grant agreement for the award of grant funds.

Indirect Costs Expenses of doing business that are of a general nature and is incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, grant agreement, Project, or activity, but are necessary for the general operation of the organization. Examples of Indirect Costs include salaries and benefits of employees not directly assigned to a Project; functions, such as personnel, business services, information technology, janitorial; and rent, utilities, supplies, etc. Indirect Costs may be referred to as overhead or administrative costs.

Modification An Agreement modification is an informal agreement that moves dollars in the line item and task budgets not to exceed 10% of total grant amount; changes deliverable due dates or makes a minor change in the work in accordance with the intent of the legislation. It does not require a formal amendment of the grant agreement. See modifications section for further requirements.

Nonprofit
Organization
Any California corporation organized under Sections 501(c)(3) of the Federal Internal Revenue Code. A letter of determination certifying nonprofit status will be required prior to Project approval.

Operating Expenses
(Direct Costs)
Any cost that can be specifically identified as generated by and in accordance with the provisions or activity requirements of the grant agreement.

Payee Data Record
(Std. 204)
Form Std. 204, “Payee Data Record” is required for all grant recipients. The form must be submitted to establish a vendor number for payment and to have funds encumbered.

Personnel Services This budgeted amount includes salaries and benefits for wage-earning personnel employed by the Grantee/Contractor (not a subcontractor) and working on the Project.

Project Performance
Period
The period that the Project Scope of Work costs may be incurred, and the work described in the Project Scope of Work must be completed, billed, and paid by the State. Only eligible costs incurred during the Project Performance Period will be paid.

Project The term “Project” means the activity or work to be accomplished utilizing grant funds and match (if applicable).

25 TERM EXPLANATION
Project Scope of Work The term “Project Scope of Work” defines the individual scope of work or activity describing in detail the proposed tasks identified as Attachment 2, as described in enabling legislation and in the grant agreement.

Project Budget
Narrative
The term “Project Budget Narrative” defines the proposed detailed budget plan.

Resolution The purpose of a resolution by a Grantee’s governing body is to allow the entity to sign Agreements and amendments for a specific project, i.e., it allows the designated entity to enter into an agreement with the State of California, and it designates someone to sign on behalf of the Grantee’s governing board. A signed resolution must be submitted at the time the signed grant agreements are returned to CAL FIRE’s Grants Management Unit, Sacramento Headquarters.

26 APPENDICES
Appendix A: Environmental Compliance for CAL FIRE Projects (CEQA) Appendix B: Sample Resolution
Appendix C: Invoice
Appendix D: Check Lists
Appendix E: Project Application
Appendix F: Project Scope of Work
Appendix G: Project Budget Spreadsheet
Appendix H: PDF Project Map
Appendix I: Standard Required Forms
Appendix J: CalMAPPER for Awarded Grants
Appendix K: Low-Income and Disadvantaged Communities
Appendix L: How to Apply

27 Appendix A – Environmental Compliance for CAL FIRE Projects (CEQA) NOTE: Grantee must submit proof of California Environmental Quality Act and/or National Environmental Policy Act compliance within one year of the execution of the grant agreement.

To ensure this occurs in a timely manner, the Grantee should contact the Department of Forestry and Fire Protection (CAL FIRE) environmental compliance staff as soon as possible after receiving the executed Grant Agreement.

California Environmental Quality Act (CEQA)
Within one year of the execution of the grant agreement and prior to commencing any on-the- ground work, CAL FIRE requires proof of adequate compliance with CEQA. This may be accomplished by one or more of the following methods:

1. Notice of exemption filed with the State Clearinghouse or the county clerk and completion of the CAL FIRE’s Environmental Review Report for an Exempt Project for categorically exempt projects.

2. Initial study and negative declaration or mitigated negative declaration and all associated noticing documents filed with the State Clearinghouse or the county clerk.

3. Draft and final environmental impact report and all associated noticing documents filed with the State Clearinghouse or the county clerk.

4. Timber harvesting permit or notice in compliance with the California Forest Practice Act and Rules for projects that undertake timber operations per Public Resources Code § 4527. The timber harvesting document must cover grant-funded activities for the associated treatment area or be supplemented by additional CEQA documents.

5. Finding of no significant impact-decision notice, categorical exclusion- decision memo or environmental impact statement-record of decision prepared in compliance with the National Environmental Policy Act for projects that are exempt from CEQA pursuant to Public Resources Code § 4799.05(b).

6. Certification that the project qualifies for the limited suspension of requirements of CEQA pursuant to the Governor’s October 30, 2015, Proclamation of a State of Emergency.

7. Completed and accepted project-specific analysis under the CalVTP and all associated noticing documents filed with the State Clearinghouse or the county clerk.

28 For exempt projects where the Grantee is a public agency1, the Grantee will be responsible for:
(a) preparing the Environmental Review Report for an Exempt Project and notice of exemption; and (b) filing the notice of exemption. For exempt projects where the Grantee is not a public agency (e.g., fire safe council), CAL FIRE or another public agency will be responsible for (a) preparing the Environmental Review Report for an Exempt Project and notice of exemption; and (b) filing the notice of exemption.

For non-exempt projects where the Grantee is a public agency, the Grantee will assume the role of lead agency. For non-exempt projects where the Grantee is not a public agency (e.g., fire safe council), CAL FIRE or another public agency will need to assume the role of lead agency.

The lead agency is responsible for: (a) performing the necessary environmental effects analysis; (b) preparing environmental documents; and (c) filing associated notices.

The lead agency may require the Grantee to prepare, or retain a consultant to prepare, the environmental documents required for demonstrating adequate compliance with CEQA. When CAL FIRE is the lead agency, the Grantee must work closely with the department to ensure the environmental documents reflect its independent judgement.

Grantees should ensure they ask for adequate funds for environmental work when applying for grants. When preparing their budgets, Grantees should consider the need to contract with appropriate resource professionals to do the necessary environmental effects assessment and document preparation work. This may include biologists, professional archaeologists, air quality experts, registered professional foresters, environmental planners, etc.

For all environmental documents where CAL FIRE is the lead agency, except timber harvesting permits or notices, cultural resources must be assessed per the procedures outlined in Cultural Resources Review Procedures for CAL FIRE Projects. This may require the project proponent to consult with the appropriate CAL FIRE archaeologist to determine if impacts to cultural resources are possible and what, if any, assessment work will have to be done. This consultation should be done as early in the planning process as possible.

CAL FIRE will review all environmental documents and associated notices for adequate compliance with applicable procedures and CEQA.

1 “Public agency” includes the follo wing:

PRC § 21062. “Local agency” means any public agency other than a state agency, board, or commission. For purposes of this div ision a redevelopment agency and a local agency formation commission are local agencies, a nd neither is a state agency, board, or commission.

PRC § 21063. “Public agency” includes any state agency, board, or commission, any county, city and county, city, regional age ncy, public district, redevelopment agency, or other political subdivision.
14 CCR § 15368 “Local agency” means any public agency other than a state agency, board, or commission. Local agency includes but is not limited to cities, counties, charter cities and counties, districts, school districts, special districts, redevelopment age ncies, local agency formation commissions, and any board, commission, or organizational subdivision of a local agency when so designated by order or resolution of the governing legislative body of the local agency.
14 CCR § 15379 “Public agency” includes a ny state agency, board, or commission and any local or regional agency, as defined in these Guidelines. It does not include the courts of the state. This term does not include agencies of the federal government.

29 Appendix B – Sample Resolution

30 Appendix C – Invoice
Invoice Guidelines
While the Grantee is not required to use the invoice template included on the FP Grants website due to differences in accounting systems used by the Grantee, the Grantee must include the following elements when submitting a payment request, either on the Grantee’s invoice or as an attachment to the invoice. If a Grantee chooses to use their invoice in lieu of the invoice template provided, the invoice must be put on Grantee’s official letterhead.

1. The word “Invoice” shall appear at the top of the page.

2. Grantee Information – Includes the Grantee name and address which shall match the Std. 204 - Payee Data Record submitted with the grant agreement. Payment will be submitted to this address after the invoice has been approved. Grantee shall notify CAL FIRE in writing regarding address changes and effective dates.

3. Invoice Date & Number – Date invoice was issued and unique invoice number to be determined by the Grantee for reference.

4. CAL FIRE Contact Name and Address – Name, Program, and Address of the CAL FIRE designee as identified in the Grant Agreement.

5. Grant Identification – Grant Number, Grant Performance Period, and Project Name as identified in the Grant Agreement.

6. Invoice Period – Performance start and end dates for which Grantee is invoicing CAL FIRE. Under no circumstances will an invoice period outside of the grant performance period be accepted.

7. Payment Type – Indicate whether the invoice is to request an advance payment, interim payment, or final payment.

8. Cost breakdown – Grantee costs must be broken down by the budget item consistent with the approved budget in the Grant Agreement. The Grantee must identify the amount for which CAL FIRE is being billed in the invoice period and the total amount spent and match (if applicable) from the beginning of the grant performance period through the invoice period. Advance requests should still include a breakdown of the budget items for which the Grantee is planning to expend the funds.

9. Offset to current cost – Include the balance of advance funds given to Grantee as well as program income earned from the grant if applicable.

10. The total amount for which Grantee is requesting reimbursement from CAL FIRE.

31 11. Grantee contact name, phone number, and email address for questions related to the invoice.

12. All backup documentation to support the invoice (see Payment of Grant Funds).

13. Certification and signature of authorized representative - Please see sample invoice for certification language.

32 Appendix D – Check Lists
Project Application Package Check List

܆ Attachment 1 – Completed Project Grant Application Form տ Attachment 2 – Completed Project Scope of Work
տ Attachment 3 – Completed Project Budget (Excel format) տ Attachment 4 – PDF Version of Project Map (formatted to 8 ½” x 11”) տ Attachment 5 – State of California Payee Data Record form (Std. 204) – see Appendix I տ Attachment 6 – Articles of Incorporation, including document w/seal from Secretary of State (non-profit applicant)
տ Attachment 7 – Board Resolution granting authority to sign (non-profits and Local Government)
տ Attachment 8 – Project Mapping Program (online submission only) տ Attachment 9 – State of California Non-Discrimination Compliance (Std. 19) – see Appendix I
տ Attachment 10 – State of California Drug-Free Workplace Certification (Std. 21) – see Appendix I
տ Attachment 11 – Exhibit A and B of the University Model Agreement (only required for UCs, CSUs and their auxiliary entities that require the use of the University Model Agreement)
Grant Agreement Package Check List

܆ Three original signed Grant Agreements with attachments տ Attachment 1 – Completed Project Grant Application Form տ Attachment 2 – Completed Project Scope of Work
տ Attachment 3 – Completed Project Budget
տ Attachment 4 – PDF Version of Project Map

33 Appendix E – Project Application
Project Application Terms
The project application will become Attachment 1 to the Grant Agreement. Several items warrant explanation and are discussed in order as they appear on the form:

Project Tracking Number: Project tracking number is in the following format.

YY-FP-UUU-XXXX
UUU is the Unit identifier – the first three letters from Item 1 CAL FIRE Unit/Contract County. (Ex: UUU = AEU for AEU-Amador El Dorado Unit.) XXXX is a number assigned by CAL FIRE.

Applicants will request a Project Tracking Number by emailing ONE of the following:

[email protected] (Northern Region Contact)
[email protected] (Southern Region Contact) [email protected] (Sacramento)
Applicant MUST specify the grant application for which they are requesting tracking number.

The CAL FIRE email reply will include the assigned project tracking number as well as links to the SharePoint folder and the Project Mapping Program.

It is highly recommended that applicants request this information at least one week prior to the due date to allow for a timely response to your request.

CalMAPPER ID: If you have an existing CalMAPPER ID related to the project please supply it in the appropriate box. If you do not have an existing CalMapper ID, it is not required.

Project name: Though a specific naming convention is not required, many project names include both geographical and activity information. (Ex: High Ridge Fuel Break)

34 Organization Type: Select the organization type of the organization responsible for the project or activity. Fire Protection Provider: Select under which framework the local Fire Service is governed / organized. This cannot be CAL FIRE.

Sponsoring Organization: Legal name of sponsoring organization responsible for the project or activity. If selected for an award, this will be the name of the Grantee used in the grant agreement.

Project Activity: Select the primary activity for the project. Education projects are described in terms of Public Education. Public Education includes activities designed to directly inform the public of fire prevention measures that they can take to reduce risk.

Grant Period: From the date of Execution (signed by CAL FIRE State Fire Marshal or designee) to no later than March 15, 2026. Instructions are included on the application form (pdf).

Limiting Factors: Check the box if there are any limiting factors that may affect the successful completion of the project. Describe these factors in the Scope of Work (Attachment 2).

Timber Harvest Plans (THP): For Fuels Treatment projects, check the box and provide the THP number if there are recent timber harvest plans in the treatment area for which a Notice of Completion has not been filed with CAL FIRE.

Community at Risk: Enter the number (count) of communities in the project area. Communities at Risk are listed on the Office of the State Fire Marshal website.

Disadvantaged/Low Income Community: Using the Disadvantaged and Low-Income Community maps, select the corresponding boxes that apply to the project.

Describe how your proposal would reduce the total amount of wildfire (and thereby reducing wildfire emissions) around communities, homes, infrastructure, and other highly valued resources, with focus on GHG benefits: Describe in the space provided how your project or activity will reduce GHG emissions.

Federal Responsibility Area: Select the corresponding boxes that apply to the project. If the Project includes work on Federal Lands, provide the total acres.

Project Area Statistics: Determine the proportion of acres in the project area. For the Project Influence Zone, the total acres should encompass all treatment areas or could include a buffer area around the planning/public target. For the Treatment Influence Zone, the total acres should equal the total project acres.

Project Budget: The project budget is provided in the Excel spreadsheet (attachment 3). Enter the grant funding amount being requested, minus any Grantee or partner funds.

Local Wildland Fire Risk Reduction Plans: Check all that apply. Discuss the relationship in the Scope of Work.

35 Environmental Compliance: Select the appropriate CEQA document type for the project. If the project does not require CEQA compliance, then select “not applicable” from the list. If a CEQA document has been previously completed, then enter the identification number. If an exemption is being used in place of CEQA, list the type of exemption.

Application Submission: Applications are to be submitted by uploading the documents to the CAL FIRE FP Grants SharePoint folder. The electronic application with the attachments will provide greater utility for CAL FIRE review as employees in various offices will be tasked with portions of the application review. A checklist is provided for each of the attachments that are included in the submission package. Enter the file name for each of the files attached that are being submitted. The application, the Project Mapping Program submission, and all associated documents must be uploaded to the CAL FIRE FP Grants SharePoint folder by February 9, 2022 at 3:00 PM PST.

Please use this file naming structure for the attachments:
x 21-FP-UUU-XXXX-Application.pdf
x 21-FP-UUU-XXXX-SOW.doc
x 21-FP-UUU-XXXX-Budget.xls
x 21-FP-UUU-XXXX-MAP.pdf

Where XXXX is the project number from Item 1 Tracking ID and UUU is the Unit identifier – the first three letters from Item 1 CAL FIRE Unit/Contract County.

x AEU-Amador-Eldorado
x BDU-San Bernardino
x BEU-San Benito-Monterey
x BTU-Butte
x CZU-San Mateo-Santa Cruz
x FKU-Fresno-Kings
x HUU-Humboldt-Del Norte
x KRN-Kern
x LAC-Los Angeles
x LMU-Lassen-Modoc
x LNU-Sonoma-Lake-Napa
x MEU-Mendocino
x MMU-Madera-Mariposa-Merced
x MRN-Marin
x MVU-San Diego
x NEU-Nevada-Yuba-Placer
x ORC-Orange
x RRU-Riverside
x SBC-Santa Barbara
x SCU-Santa Clara
x SHU-Shasta-Trinity
x SKU-Siskiyou
x SLU-San Luis Obispo
x TCU-Tuolumne-Calaveras
x TGU-Tehama-Glenn
x TUU-Tulare
x VNC-Ventura
x SAC-Statewide Only*
*Projects with statewide benefit
shall have a SAC Unit identifier

36 Appendix F – Project Scope of Work
Scope of Work Instructions
x Use the Scope of Work template from the Fire Prevention grant program website. x The instructions in the Scope of Work template are provided to prompt the project applicant to fully describe the proposed project. Please be sure to address each item listed so that the full impact of your project can be considered during the project evaluation and selection phase of this grant process. The document contains boxes for your response. The boxes will expand as needed for a full response. Please provide responses that clearly describe your project while being concise and brief. x For clarity to the reviewer, it is suggested that you utilize the headers and prompt numbers provided below in the narrative discussion of your proposed project. x This Scope of Work template should clearly describe your proposed project and reflect the Project Budget Sheet (PBS).
x Further instructions for the Scope of Work are found in the Scope of Work template. x Upload this Scope of Work to the project application as a separate document with the file name 21- FP-UUU-XXXX-SOW.doc.

37 Appendix G – Project Budget Spreadsheet
Project Budget Spreadsheet Instructions:
x Project Name
x Salaries and Wages: Salaries for wage-earning personnel employed by the Grantee/contractor (not a subcontractor) and working on the project. x Employee Benefits: Benefits for personnel employed by the Grantee/contractor (not a subcontractor) and working on the project.
x Contractual: List contracts used to achieve the objectives of the project. Equipment that is rented or leased would be included in this section.
x Travel and Per Diem: Expenses for travel (mileage, motel, meals, and incidentals) to off- project locations.
x Supplies: Various identifiable supplies needed for the project. Purchase of minor equipment costing less than $5,000 per unit is categorized as supplies and is to be included in the supply section of the budget. Chainsaws are an example of a supply item because the chainsaw is minor piece of equipment generally costing less than $5,000 per unit.
x Equipment: Equipment costing more than $5,000 and has a lifespan of more than one year.
x Other Costs: Other miscellaneous costs.
x Indirect Costs: Expenses of doing business that are of a general nature and is incurred to benefit at least two or more functions within an organization. These costs are not usually identified specifically with a grant, Grant Agreement, project, or activity, but are necessary for the general operation of the organization. Examples of Indirect Costs include salaries and benefits of employees not directly assigned to a project; functions such as personnel, business services, information technology, and janitorial; and salaries of supervisors and managers. Indirect costs are capped at 12% of the grant amount for this grant for all entities including UC’s and CSU’s (excludes Equipment).

Upload this Project Budget Sheet to the project application as a separate document with the file name: 21-FP-UUU-XXXX-Budget.xls
x Where: XXXX is the project number
x And: UUU is the 3-letter identifier (see item 1 on the Project Application form)

38 Appendix H - PDF Project Map
In addition to the online project and treatment maps, Include a pdf map(s) of the project with the project application. The maps shall meet the following requirements:
x Electronic format of PDF.
x Printed format(s) should measure 8 ½ by 11 inches.
x The scale should be 1:24,000 scale or greater. The maps should show enough of the surrounding area so that the application review team can get a sense of the relationship of the project to the surrounding area.
x The map(s) should clearly show:
o Project boundaries
o Treatment area(s) by type
o Roads
o Watercourses
o Parcels
o City/County/Unit
o Proximity to wildfire threatened communities
o Other necessary information
x Legend: Include a map legend that identifies:
o The features on the map
o The project tracking number
o Project name
o Project proponent

39 Appendix I – Standard Required Forms
These standard forms are required to be submitted with the Project Application.

Payee Data Record form (STD. 204): CAL FIRE utilizes this form internally for all Grantees. This form is required for all applicants, including local governments, despite the language on the form. Payee Data Record STD. 204
Nondiscrimination Compliance Statement form (STD. 19): Nondiscrimination Compliance Statement STD. 19
A Drug-Free Workplace Certification form (STD. 21): Drug-Free Workplace Certification STD. 21

40 Appendix J – CalMAPPER for Awarded Grants
All California Climate Investments (CCI) funded projects will be recorded in CAL FIRE’s Management Activity Project Planning & Event Reporter (CalMAPPER). To achieve this, Grantees will need to provide spatial information about where the project is occurring on the landscape, identify an appropriate treatment objective or category for their project, and identify what activities occurred under the category to their local CAL FIRE Unit.

Spatial data requirement
The Grantee will work with the local CAL FIRE Unit to provide spatial data that allows CAL FIRE to enter the project into CalMAPPER. Spatial data can include but is not limited to shapefiles, gpx fires, KML/KMZ files, etc. The Grantee will work with the local unit to identify the most appropriate format for their data to be submitted, based on the capabilities of the Grantee and the needs of the local unit.

Grant Categories
CCI grants are divided into two categories for CalMAPPER entry:

1. Hazardous Fuels Reduction or

2. Wildfire Prevention Planning and Education
Hazardous Fuels Reduction
Hazardous Fuels Reduction projects funded under CCI should fall into one of the following treatment objectives:
x Fuels Reduction: Work conducted in an area where the primary objective is to reduce fuel loads.
x Fuel Break: Work conducted to modify flammable vegetation to create defensible space to reduce fire spread to structures and/or natural resources, and to provide a safer location to fight the fire. Fuel breaks are strategically placed along a ridge, valley bottom, access road, or around a subdivision.
x Right of Way Clearance: Work conducted along the right of way of fire roads, county roads, or highways for purposes of improved ingress and egress. This includes the removal of dead trees resulting from insect or drought. Right of Way Clearance is not done with the intent of stopping a fire at the location of work but instead focuses on ingress and egress enhancement.
x Other: If the Grantees project does not fall into one of the previously identified treatment objectives, the Grantee will need to work with the local unit.

41 CALMAPPER, continued
Fire Prevention Planning and Education
Fire Prevention Planning and Education projects funded under CCI should fall into one of the following categories:
x Community Plans Developed or Revised
x Education Outreach (includes Public Service Announcements) x Public Meetings
x Signage
x WUI Pre-Planning
x Wildfire Risk Mapping
x Evacuation Plans
x Other: If the Grantees project does not fall into one of the previously identified categories, the Grantee will need to work with the local unit. to identify an appropriate category for entry into CalMAPPER.

Grant Activities
Below is a list of appropriate activities based on the Hazardous Fuels Reduction Treatment Objectives identified above, if the Grantee is completing an activity that is not listed below consult with the local CAL FIRE Unit to identify an appropriate activity for entry into CalMAPPER.

Fuels Reduction
x Air Curtain Burner
x Biomass Removal
x Boundary Mapping
x Chaining
x Chipping
x Crushing
x Erosion Control
x Grazing
x Hand Line
x Herbicide
x Lop and Scatter
x Mastication
x Milling

x Pile Burning
x Piling (Mechanical)
x Piling (Manual)
x Project Administration
x Pruning
x Planning Meeting
x Public Contacts
x Public Meetings
x RPF Supervision
x Site Assessment
x Thinning
x Trees Felled (>10” dbh>20’ tall)

42 CALMAPPER Grant Activities, continued
Fuel Break
x Biomass Removal
x Boundary Mapping
x Chaining
x Chipping
x Crushing
x Dozer Line
x Erosion Control
x Grazing
x Hand Line
x Herbicide
x Lop and Scatter
x Mastication
x Pile Burning
x Piling (Mechanical)
x Piling (Manual)
x Project Administration
x Pruning
x Planning Meeting
x Public Contacts
x Public Meetings
x RPF Supervision
x Site Assessment
x Thinning
x Trees Felled (>10” dbh>20’ tall)
Right of Way Clearance
x Biomass Removal
x Boundary Mapping
x Chaining
x Chipping
x Crushing
x Erosion Control
x Grazing
x Herbicide
x Lop and Scatter
x Mastication
x Pile Burning
x Piling (Mechanical)
x Piling (Manual)
x Project Administration
x Pruning
x Planning Meeting
x Public Contacts
x Public Meetings
x RPF Supervision
x Site Assessment
x Thinning
x Trees Felled (>10” dbh>20’ tall)

43 Appendix K – Low-Income and Disadvantaged Communities California Climate Investments are required to meet minimum levels of investments to projects that benefit residents of disadvantaged communities, low-income communities, and low- income households collectively referred to as “priority populations” and defined by Assembly Bill 1550.

CAL FIRE’s Fire Prevention Grants Program and Forest Health Program has a goal of funding a percentage of projects that benefit Low-Income Communities or Households. This is not a requirement for eligibility, but preference will be given to projects that benefit a priority population.

Achieving “Low-Income Community or Household” designation requires 3 steps:

Step 1: Identify the Priority Population(s). Located within a census tract identified as a disadvantaged community or low-income community, or directly benefit residents of a low- income household. California Air Resource Board’s Community Investments webpage may be used to identify the census tract.

Step 2: Address a Need. Meaningfully address an important community or household need for the disadvantaged community, low-income community, or low-income household; and Step 3: Provide a Benefit. Using the evaluation criteria, identify at least one direct, meaningful, and assured benefit that the project provides to priority populations.

The following tables will assist you in achieving the designation and can be found on the California Air Resources Board CCI Quantification, Benefits, and Reporting Materials webpage.

44 45

46 Appendix L – How to Apply
Applicants are strongly encouraged to work with their local CAL FIRE Unit for guidance in developing project plans before applying. CAL FIRE Units are staffed with skilled professionals who possess knowledge of local area Fire Prevention needs. A relationship with the local CAL FIRE Unit enhances the potential for a successful application and project award.

Applicants will request a Project Tracking Number by emailing ONE of the following:

It is highly recommended that applicants request this information at least one week prior to the due date to allow for a timely response to your request. The CAL FIRE email reply will include the assigned Project tracking number as well as links to the SharePoint folder and the Project Mapping Program. All application forms, instructions, and attachments can be found on the CAL FIRE FP Grants Website.

The Instructions on how to draw and submit Geo Point and Polygons in the Project Mapping Program can also be found at CAL FIRE FP Grants. There is a video and a quick reference guide with screenshots of the online mapping program. Hazardous Fuel Reduction applications without online Geo Points and Polygons will not be accepted. Fire Prevention Planning and Education grants will submit the Geo Point only.

Grantees are required to include the California Climate Investments funding boilerplate and logo with the CAL FIRE logo on all outreach and public-facing materials including but not limited to press releases, media advisories, printed collateral, event invitations, signs, and project/program websites.

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY:

Rafael Gutierrez, City Treasurer
Michael Solorza, Director of Finance
SUBJ
ECT: Treasurer’s Report for the Quarter Ending December 31, 2021 DAT
E: January 26, 2022
RECOMMENDATION:

It
is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending December 31, 2021.

FISCAL IMPACT
At
tached is a cash report and portfolio summary as of December 31, 2021 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.

Th
e table below summarizes available cash by major type of account, comparing the last three quarter ending balances, with variance calculations showing the change in cash balance. The “General” account combines Bank of the West, Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:

June 30, 2021 Sept. 30, 2021 Dec 31, 2021
Variance to
Prior Qtr
Variance to
Prior YE
General 53,894,820 54,589,647 62,080,332 7,490,686 8,185,512 Successor Agency 13,524,868 9,069,825 15,406,546 6,336,721 1,881,678 Housing Successor Agency 455,562 621,444 622,422 978 166,861 Trust & Agency 1,300,657 1,331,749 1,350,283 18,534 49,627 401 a(h) Trust Accounts 13,565 13,564 13,564 - (0) 69,189,471 65,626,229 79,473,148 13,846,919 10,283,677 As
of December 31, 2021, total available cash was $13.84 million more than the quarter ending September 30, and $10.28 million more than the 2020-21 fiscal year end balance.

This cash situation is to be expected as December is a positive cash flow month with property tax receipts being recorded. In addition, the City has funds from the recent sale ITEM # 11
CITY COUCIL AGENDA REPORT – MEETING OF JANUARY 26, 2022 Treasurer’s Report for the Quarter Ending December 31, 2021

Page 2 of 4 ends

Montebello City CouncilJanuary 26, 2022

Montebello City Council
January 26, 2022