23 EXHIBIT “A”
LEGAL DESCRIPTION OF SITE
EAST LAGUNA LOT EX OF HIKING AND RIDING TRAIL COM AT MOST N COR OF LOT 23 TH S 6746'15" E TO SE BDRY LINE OF MONTEBELLO CITY TH SW THEREON TO NE LINE OF SLAUSONAVE TH NW ON SD NE LINE BEG PART OF LOT 23
24 EXHIBIT “B”
Description of New Digital Billboard
CCO will be removing the existing Deck and External Lights
CCO will be relocating the existing printed display faces in place as a double-faced 12’ x 25’ outdoor advertising sign with digital display faces
Existing West Face Existing East Face
Digital Panel Sample
25 EXHIBIT “C”
Billboard Structure and Faces To Be Removed
8105 Slauson Ave., Montebello, CA 90640 (Panels #5272 & #5273) East Face
West Face
26 EXHIBIT “C”
Billboard Structure and Faces To Be Removed
8105 Slauson Ave, Montebello, CA 90640 (Panels #5272 & #5273)
27 EXHIBIT “D”
SCOPE OF DEVELOPMENT INCLUDING SIGN PLANS
Developer and City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following:
1. Project. Developer shall relocate in place the existing printed sign faces and shall convert it to the New Digital Billboard with digital display faces in accordance with the terms of this Agreement. The existing structure will have two (2) new digital display faces (each display face measuring approximately 12’ x 25’) within the Site.
2. Building Fees. Developer shall pay all applicable City building fees, as described in this Agreement, at the time that a building permit is issued for the installation of the New Digital Billboard Faces on the Site.
3. Maintenance and Access. Developer, for itself and its successors and assigns, hereby covenants and agrees to be responsible for the following:
(a) Maintenance and repair of the New Digital Billboard and Site (where authorized pursuant to the Site Lease) including but not limited to, the displays installed thereon, and all related on -Site improvements, easements, rights -of-way at its sole cost and expense. Developer’s maintenance and repair obligation shall include, without limitation, maintaining any poles, lighting, signs and walls in good repair and free of graffiti, rubbish, debris and other hazards to persons using the same. Developer shall maintain and repair the New Digital Billboard digital display faces in accordance with all applicable laws, rules, ordinances and regulations of all federal, State, and local bodies and agencies having jurisdiction over the Site [unless those federal, State, and local bodies have an exception for a legal nonconforming use].
Such maintenance and repair shall include, but not be limited to, the following: (i) sweeping and trash removal related to the Project; (ii) replacement of any fixtures, equipment or property damaged by the Project to the extent require d by this Agreement or applicable law; (iii) the ongoing maintenance by the Developer of any access points to the New Digital Billboard to minimize dust caused by the Project; and (iv) the repair, replacement and repainting of the New Digital Billboard str ucture and display faces as necessary to maintain such billboard in good condition and repair.
(b) Maintenance of the Site (where authorized pursuant to the Site Lease) in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance of the New Digital Billboard digital display faces or structure such as to be detrimental to the public health, safety or general welfare or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within three hundred (300) feet of Site.
4. Other Rights of City. In the event of any violation or threatened violation of any of the provisions of this Exhibit “D,” then in addition to, but not in lieu of, any of the rights or remedies the City may have to enforce the provisions of this Agreement, the City shall have the
28 right, after complying with Section 5.3 of this Agreement, (i) to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Paragraph 3 above (subject to the execution of a permit to enter in form reasonably acceptable to Owner) and charging Developer for any actual maintenance costs incurred in performing same, and (ii) to withhold or revoke in the manner proscribed by law, after giving written notice of said violation, any building permits, occupancy permits, certificates of occupancy, business licenses and similar matters or approvals pertaining to the New Digital Billboard digital display faces.
5. No City Liability. The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of this Agreement. The failure of the City to enforce this Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to the Developer, its successors, transferees or assigns, for any default or breach by the City under this Agreement.
6. Conditions of Approval. The following additional conditions shall apply to the installation of the New Digital Billboard digital display faces and, where stated, on the Site, shall conform to all applicable provisions of the Montebello Municipal Code (MMC) and the following conditions, in a manner subject to the approval of the Planning Manager or designee:
(a) A building permit will be required and structural calculations shall be prepared by a licensed civil engineer and approved by the City Building Official.
(b) The New Digital Billboard shall remain located in the portion of the Site as described in attached Exhibit A and as set forth herein and based on dimensions described in Section 1, above.
(c) The size of each digital display face of the New Digital Billboard shall not exceed a maximum area of 300 square feet with no extensions or borders.
(d) Plans and specifications for the proposed installation of the New Digital Billboard digital display faces, including all utility plans, shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of building permits.
(e) Prior to the approval of the final inspection, all applicable conditions of approval and all mandatory improvements shall be completed to the reasonable satisfaction of the City.
(f) Developer shall maintain the Site and use thereof in full compliance with all applicable codes, standards, policies and regulations imposed by the City, County, State or federal agencies by any duly and valid city, county or state ordinance with jurisdiction over the facilities, unless the Project is exempted as a legal nonconforming use.
(g) The Developer shall pay any and all applicable fees due to any public agency pertaining to the New Digital Billboard digital display faces prior to the final issuance of the building permits.
(h) The activities proposed in this Agreement shall be conducted completely upon the Site and shall not use or encroach on any public right-of-way.
29 (i) All graffiti shall be adequately and completely removed or painted over within 48 hours of notice to Developer of such graffiti being affixed on the New Digital Billboard.
(j) Developer shall comply with the standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot- candles limitation over ambient light levels at 250 feet, and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment, the obligation to have automatic diming capabilities, as well as providing the City’s Planning Manager or designee with a designated Developer employee’s phone number and/or email address for emergencies or complaints that will be monitored 24 hours a day/7 days per week. Upon any reasonable complaint by the City’s Planning Manager or designee, Developer shall perform a brightness measurement of the display using OAAA standards and p rovide City with the results of same within 15 days of the City’s complaint. Developer shall dim the display to the appropriate setting immediately upon the conclusion of any such measurement that concluding that the light standards were exceeded.
(k) In the event ten percent (10%) or more of the digital sign face is not operating correctly or in the event of a malfunction, Developer shall immediately turn the entire display off, or show a one hundred percent (100%) black image on the display until corrected.
(l) The interval between the change in digital content shall be a minimum of eight (8) seconds and the images shall change instantaneously, without special transitional effects.
CITY OF MONTEBELLO
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the City Council of the City of Montebello will hold a Public Hearing in the Council Chamber of the Montebello City Hall, 1600 West Beverly Boulevard, Montebello, California on Wednesday, September 27, 2023, at approximately 7:00 p.m., or as soon as possible thereafter as the matter can be heard, to consider the following:
A Text Amendment to amend Chapter 17.62 - Signs of the Montebello Municipal Code (MMC) to include regulations related to conversions of off -premises signs. In addition, t he Applicant seeks to enter into two (2) Amended and Restated Development Agreements between the City of Montebello and Clear Channel Outdoor, Inc. replacing Development Agreement No. 02 -22 (Agreement No. 4032) and Development Agreement No. 03 -22 (Agreemen t No. 4033) for the relocation and replacement of existing lawfully permitted 12’ x 25’ dual-faced static off-premises outdoor advertising signs located at 1633 Washington Boulevard and 1720 Bluff Road in the City of Montebello with a new 12’x 25’ dual-faced digital off-premises outdoor advertising sign at each respective location. Each digital display panel shall be 12’ high and 25’ wide for a total display area of approximately 300 square feet. The maximum height of the digital sign shall not exceed 75 -feet in accordance with MMC Section 17.62.105.E.7. The term of the Development Agreement shall remain in effect for 20 years from the date the new digital display becomes operational or until the permanent removal of the digital displays, whichever comes first. The term may be extended through mutual agreed upon written extension.
APPLICANT: Clear Channel Outdoor, Inc
Location: 1633 Washington Boulevard and 1720 Bluff Road, Montebello, CA 90640 Case Nos.: PC-2023-0006-TCA/ENV Nos. 5-23-CE & 6-23-CE/DA Nos. 01-23 & 02-23
Environmental: Pursuant to the provisions of the California Environmental Quality Act (CEQA) the project is covered by the “common sense” exemption. The common sense CEQA exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA”. In addition, the proposed Project is also exempt from CEQA under the Class 3 categorical exemption set forth under Section 153030 of the CEQA Guidelines which exempts new construction or conversion of small structures where only minor modifications are made in the exterior of the structure. The proposed relocation and replacement of an existing off -premises dual-faced static sign with a new off-premises dual-faced digital sign including, among other things, minor modifications to the exterior structure as well as enhancement to include the most current technology does not have the potential to degrade the quality of the environment or have a significant effect on the environment.
For those interested in participating in -person during the public comments period or public testimony period for public hearings, you may address the City Council in -person the day of the meeting. Speakers will be required to fill out a speaker card provid ed during this meeting and turn it into the City Clerk or a staff designee prior to each public comment announcement period. Eac h speaker card will be called in the order received.
The public may also submit emailed comments via the City’s email address: [email protected] where the public can submit public comments up until the day of the meeting, Wednesday, September 27, 2023 between 7:30 a.m. – 6:00 p.m.. These comments will not be read out loud but will be entered into the record and submitted to all members of the City Council.
If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at t he public hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the public hearing.
The proposed resolution and other material are available by contacting the City Clerk’s Office at 323-887-1359.
_____________________________________
Kimberly Guillen, Acting Sr. Deputy City Clerk
Dated: September 7, 2023
Date published: September 14, 2023
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Nick Razo, Director of Human Resources
SUBJECT: ADOPT RESOLUTION NO. 23-69 UPDATING THE COMPENSATION PLAN AND TABLE OF ORGANIZATION TO ADJUST "POLICE
TRAINEE" SALARY RANGE
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 23-69 (Compensation Plan and Table of Organization) to update the Police Trainee salary range, from range twenty-four ($58,726 – $73,341) to range forty-one ($89,359 – $111,597); and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Fiscal Year 2023-24 adopted budget includes funding for Police Trainees (i.e., non- sworn employees attending an entry-level police academy). The amount included in the adopted budget is an estimate, based on an informed assumption of the number of Police Trainees attending a six-month police academy. The amount of funding in the FY 2023- 24 budget was developed in consultation with the Police Department during budget development. Staff will monitor the budget allotted for these positions throughout the fiscal year and adjust as needed, considering that new Police Trainees will be hired at a higher hourly rate if this item is approved.
BACKGROUND/DISCUSSION:
The City of Montebello is a full-service organization that depends on the experience, knowledge, and skills of a well-staffed police department to maintain public safety, prevent and respond to criminal activity, and ensure the well-being of residents and
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
property within the City’s jurisdiction. The City Council has made Public Safety a priority and this measure is in line with attracting new hires into the profession of law enforcement. The Montebello Police Department, along with many other law enforcement agencies across the United States, are experiencing overwhelming challenges in recruiting and retaining qualified candidates when positions become available. The City has implemented an aggressive recruitment model for the Police Trainee classification as a proactive tool to attract qualified applicants. On average, the City receives two hundred (200) applications for Police Trainee recruitment, with approximately sixty-five (65) qualified applicants invited to participate in the recruitment process. Unfortunately, more than twenty percent (20%) of the invited candidates withdraw from the process to accept higher-paying employment offers from competing agencies, fail the background process or change their career path. Of those applications, only 10-12 are eligible to proceed to the background component. Of those 10-12, on average 2-3 pass the background and move on to the academy phase of the recruitment. The incentive to start at a higher rate is to encourage a stronger pool of applicants to apply and allows Montebello to be completive.
In March 2023, Human Resources met with the Police Department and discussed strategies to recruit and retain qualified personnel for the Police Trainee classification.
Both departments agreed that aligning the Police Trainee salary range (Range 24:
$58,726 – $73,341) with the Police Officer salary range (Range 41: $89,359 – $111,597) for the duration of the police academy training will improve the candidate pool and enable the City to remain competitive in its recruitment and retention efforts. By utilizing this strategy, the City will be better positioned to recruit and retain the most qualified and resolute candidates through the completion of the police academy training.
On June 29, 2023, Human Resources held a meet and confer session with the Montebello City Employees’ Association (MCEA) to discuss the proposed salary range alignment. As a non-sworn/non-safety position, the Police Trainee is an MCEA represented classification for the duration of the police academy training. Upon meeting the certification requirements of the Commission on Peace Officer Standards and Training (POST), Police Trainees are promoted to Police Officer, a Montebello Police Officers’ Association (MPOA) represented classification. The MCEA tentatively agreed to the proposed salary range alignment, to be presented to the City Council as updating the "Compensation Plan and Table of Organization" resolution (Attachment A).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council adopt Resolution No. 23-69 (Attachment A) to update the Police Trainee salary range, from range twenty-four to range forty-one; and
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
direct staff to take such additional related action that may be desirable.
ATTACHMENT(S)
1. ATTACHMENT A - RESOLUTION NO. 23-69
NEXT STEPS:
N/A
ATTACHMENT A
RESOLUTION NO. 23-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF MONTEBELLO ADOPTING THE COMPENSATION PLAN AND
TABLE OF ORGANIZATION (POSITION LISTING)
THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Montebello has determined that the following listing of positions shall be the official and prescribed position titles and if applicable in accordance with the respective range numbers pertaining thereto and herein indicated in accordance with provisions of the Montebello Municipal Code and/or the Civil Service Rules and Regulations as previously enacted by this City Council:
ELECTED OFFICIALS
MONTHLY SALARY
RANGES
City Councilmembers 1,032 - 1,032
City Clerk 695 - 695
City Treasurer 695 - 695
CLASSIFIED MANAGEMENT RANGE
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Fire Battalion Chief 57 $132,654 $165,666
Fire Captain 46 $101,101 $126,262
Police Captain 67 $169,808 $212,067
Police Lieutenant 61 $146,425 $182,865
Police Sergeant 51 $114,387 $142,854
Senior Fire Inspector 38 $82,979 $103,629
CLASSIFIED NON-MANAGEMENT RANGE
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Account Clerk 7 $38,595 $48,199
Administrative Assistant 5 $36,735 $45,877
Assistant Engineer 33 $73,341 $91,593
Assistant Planner 30 $68,104 $85,053
Building Inspector 27 $63,242 $78,980
Building Maintenance Tradeworker I 13 $44,758 $55,896
Building Maintenance Tradeworker II 16 $48,199 $60,194
Business License Technician 12 $43,666 $54,533
Combination Building Inspector 35 $77,054 $96,230
Community Outreach Specialist 21 $54,533 $68,104
Community Risk Reduction Coordinator 32 $71,552 $89,359 Community Services Coordinator 13 $44,758 $55,896
Court Liaison 12 $43,666 $54,533
Custodian 7 $38,595 $48,199
Engineering Technician 22 $55,896 $69,807
ATTACHMENT B
Finance Technician 16 $48,199 $60,194
Fire Engineer 40 $87,179 $108,875
Fire Inspector 21 $54,533 $68,104
Firefighter 35 $77,054 $96,230
Human Resources Technician 27 $63,242 $78,980
Lead Finance Technician 24 $58,726 $73,341
Maintenance Worker 10 $41,562 $51,905
Parking Control Officer 12 $43,666 $54,533
Payroll Coordinator 24 $58,726 $73,341
Payroll Specialist 23 $57,294 $71,552
Permit Technician 18 $50,639 $63,242
Police Community Service Officer 16 $48,199 $60,194
Police Corporal 44 $92,230 $120,178
Police Dispatcher I 22 $55,896 $69,807
Police Dispatcher II 27 $63,242 $78,980
Police Officer 41 $89, 359 $111, 597
Police Records Technician 10 $41,562 $51,905
Property & Evidence Technician I 20 $53,203 $66,443
Public Information Coordinator 24 $58,726 $73,341
Public Safety Radio Technician 31 $69,807 $87,179
Public Works Inspector 28 $64,823 $80,955
Records Coordinator 22 $55,896 $69,807
Risk Management Assistant 12 $43,666 $54,533
Senior Building Inspector 34 $75,175 $93,883
Senior Finance Technician 22 $55,896 $69,807
Senior Permit Technician 21 $54,533 $68,104
SMART-TD
CLASSIFIED NON-MANAGEMENT
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Body Shop Mchanic (effective 1/3/21) $52,584 $67,116
Bus Operator (effective 1/3/21) $43,068 $54,972
Equipment Mechanic A (effective 1/3/21) $52,584 $67,116 Equipment Service Worker (effective 1/3/21) $37,092 $47,340 Storekeeper (eff 1/3/21) $45,288 $57,792
UNCLASSIFIED MANAGEMENT RANGE
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Accounting Manager 44 $96,230 $120,178
Accounting Supervisor 30 $68,104 $85,053
Assistant City Manager 74 $201,848 $252,081
Assistant Director of Finance 56 $129,418 $161,626
Assistant Director of Fire 54 $123,182 $153,838
Assistant Director of Human Resources 56 $129,418 $161,626 Assistant Director of Planning and Community Development 55 $126,262 $157,684 Assistant Director of Public Affairs 55 $126,262 $157,684
ATTACHMENT B
Assistant Director of Public Works 54 $123,182 $153,838 Assistant Director of Recreation & Community Services 51 $114,387 $142,854 Assistant Director of Transportation 54 $123,182 $153,838 Assistant Fire Chief 62 $150,086 $187,436
Assistant Police Chief 69 $178,405 $222,803
Associate Engineer 40 $87,179 $108,875
Building Maintenance Supervisor 30 $68,104 $85,053
Building Official 49 $108,875 $135,970
City Manager * $334,624 $334,624
Code Enforcement Manager 38 $82,979 $103,629
Construction Manager 48 $106,220 $132,654
Crime Prevention Supervisor 34 $75,175 $93,883
Deputy Director of Public Works 52 $117,247 $146,425
Deputy Director of Transportation 52 $117,247 $146,425
Deputy Fire Chief 58 $135,970 $169,808
Director of Finance 71 $187,463 $234,082
Director of Human Resources 71 $187,463 $234,082
Director of Planning & Community Development 68 $174,053 $217,369 Director of Public Affairs/Information Technology 68 $174,053 $217,369 Director of Public Works/City Engineer 72 $192,222 $239,934 Director of Recreation & Community Services 67 $169,808 $212,067 Director of Transportation 69 $178,405 $222,803
Dispatch Supervisor 32 $71,552 $89,359
Economic Development Manager 50 $111,597 $139,369
Finance Supervisor 32 $71,552 $89,359
Finance Manager 44 $96,230 $120,178
Fire Chief 74 $201,848 $252,081
Fire Marshal 50 $111,597 $139,369
Fleet Maintenance Manager 44 $96,230 $120,178
Fleet Maintenance Supervisor 33 $73,341 $91,593
Fleet Services Manager 42 $91,593 $114,387
Fleet Services Supervisor 22 $55,896 $69,807
Grants & Project Administrator 36 $78,980 $98,636
Housing Manager 48 $106,220 $132,654
Human Resources Analyst 34 $75,175 $93,883
Human Resources Manager 48 $106,220 $132,654
Information Systems Manager 49 $108,875 $135,970
Information Systems Supervisor 39 $85,053 $106,220
Management Analyst 30 $68,104 $85,053
Maintenance Manager 44 $96,230 $120,178
Office Manager 27 $63,242 $78,980
Park Maintenance Supervisor 30 $68,104 $85,053
Planner 35 $77,054 $96,230
Planning Manager 49 $108,875 $135,970
Police Chief 75 $206,895 $258,383
ATTACHMENT B
Police Records Supervisor 31 $69,807 $87,179
Principal Engineer 52 $117,247 $146,425
Principal Risk Officer 59 $139,369 $174,053
Public Information Officer 32 $71,552 $89,359
Public Safety Radio Supervisor 39 $85,053 $106,220
Public Works Inspector 28 $64,823 $80,955
Public Works Manager 37 $80,955 $101,101
Public Works Superintendent 43 $93,883 $117,247
Recreation Manager 35 $77,054 $96,230
Recreation Supervisor 29 $66,443 $82,979
Revenue Supervisor 30 $68,104 $85,053
Risk Management Analyst 30 $68,104 $85,053
Risk Manager 50 $111,597 $139,369
Senior Deputy City Clerk 39 $85,053 $106,220
Senior Economic Development Coordinator 34 $75,175 $93,883 Senior Human Resources Analyst 41 $89,359 $111,597
Senior Management Analyst 36 $78,980 $98,636
Senior Planner 41 $89,359 $111,597
Senior Procurement Analyst 33 $73,341 $91,593
Social Work Supervisor 40 $87,179 $108,875
Street Maintenance Supervisor 32 $71,552 $89,359
Superintendent/Facility Manager 38 $82,979 $103,629
Transit Administration Manager 45 $98,636 $123,182
Transit Assistant Manager 34 $75,175 $93,883
Transit Operations Manager 47 $103,629 $129,418
Transit Planner 30 $68,104 $85,053
Transit Supervisor 26 $61,699 $77,054
Warehouse Supervisor 26 $61,699 $77,054
*The City Manager’s salary is set by separate City Council approved contract.
UNCLASSIFIED NON-MANAGEMENT RANGES
ANNUAL
MINIMUM
ANNUAL
MAXIMUM
Accountant 26 $61,699 $77,054
Code Enforcement Coordinator 10 $41,562 $51,905
Code Enforcement Officer 27 $63,242 $78,980
Crime Analyst 32 $71,552 $89,359
Deputy City Clerk 24 $58,726 $73,341
Economic Development Coordinator 26 $61,699 $77,054
Field Response Case Coordinator 11 $42,601 $53,203
Firefighter/Paramedic Trainee 21 $54,533 $68,104
Information Systems Analyst 36 $78,980 $98,636
Information Systems Technician 18 $50,639 $63,242
Police Trainee 41 $89,359 $111,597
Risk Management Assistant 19 $51,905 $64,823
Senior Accountant 35 $77,054 $96,230
Senior Administrative Assistant 14 $45,877 $57,294
ATTACHMENT B
HOURLY CLASSIFICATION
HOURLY
MINIMUM
HOURLY
MAXIMUM
Administrative Analyst 15.50 24.45
Administrative Secretary 18.55 23.41
Building Maintenance Tradeworker 15.92 20.31
Bus Operator 18.93 20.68
Clerical Assistant 15.50 18.33
Code Enforcement Technician 15.50 16.84
Community Services Aide - SYEP 15.50 15.50
Equipment Service Worker 15.50 19.11
Field Maintenance Worker 15.50 16.73
Fire Engineer 27.43 35.02
Fire Inspector 22.56 28.80
Heavy Duty Fire Equipment Mechanic 45.41 49.10
Human Resources Manager 42.22 51.32
Information Systems Specialist 15.50 18.33
Intern 15.50 18.33
Lifeguard 15.50 16.64
Maintenance Worker 15.92 20.31
Mechanic's Assistant 15.50 17.49
Park Ranger 15.50 19.30
Parking Control Officer 18.72 21.28
Police Cadet 15.50 19.33
Police Community Services Officer 15.50 16.66
Police Dispatcher 26.35 31.25
Police Officer 32.49 41.43
Police Trainee 18.99 24.06
Police Youth Program Coordinator 17.55 22.45
Pool Manager 16.66 20.00
Property & Evidence Technician 16.66 24.45
Public Works Manager 34.72 42.23
Recreation Leader I 15.50 16.22
Recreation Leader II 15.50 17.79
Recreation Leader III 15.50 18.75
Recreation Leader IV 16.71 20.55
Risk Management Assistant 15.50 21.45
Secretary 15.50 17.90
Senior Lifeguard 16.15 18.27
Senior Project Manager 63.87 77.66
Transportation Revenue Coordinator 15.93 20.22
Transportation Specialist 15.50 24.45
ATTACHMENT B
SECTION 2. That the City Clerk shall certify to the adoption of this resolution, shall distribute copies to the Director of Human Resources and the Director of Finance, and the resolution shall be in full force and effect immediately upon ratification.
APPROVED AND ADOPTED this 27th day of September, 2023.
_______________________________
David Torres, Mayor
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 23 -__ was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and a ttested by the City Clerk at a regular meeting of said Council held on the 27th day of September, 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ITEM # 9
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: APPROVE PARTICIPATION AGREEMENT BETWEEN THE CITY OF
MONTEBELLO AND SOUTHERN CALIFORNIA EDISON FOR THE
INSTALLATION OF ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE UNDER THE CHARGE READY PROGRAM
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the Charge Ready Charging Infrastructure and Rebate Participation Agreement with Southern California Edison (SCE); and
2. Authorize the Acting City Manager to execute the agreement on behalf of the City; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact associated with entering into a participation agreement with SCE for the "Charge Ready Program" (the Program). The Program covers “make-ready infrastructure” up to the charging station stub-outs and offers rebates to help offset equipment and installation costs. This Program designates SCE to install all necessary power transformers, metering devices, breaker panels, wiring, and conduits needed to make charger installation possible.
The City will be required to utilize one of SCE's qualified vendors (the "Vendor") for installation of charging stations and equipment after the infrastructure has been constructed by SCE. The potential cost for the charging equipment is expected to be covered by the Vendor via an MOU/Agreement with equipment providers on a revenue sharing basis and/or through SCE's rebates.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
Staff will bring back a future agenda item addressing the installation of charging equipment, granted that there will be no direct cost to the City for procurement of the chargers.
BACKGROUND/DISCUSSION:
On November 15, 2021, President Biden signed a new $1 trillion dollar Infrastructure Bill that makes competitive funding available for sustainability and resilience projects. The State of California has partnered with SCE in establishing the “Charge Ready Program” to meet the need for electric charging infrastructure. The Program launched on July 12, 2021, offering multiple programs and incentive options for existing commercial, multifamily, and public buildings, with a target goal to install more than 38,000 charging ports across the state. The Program is funded through the California Public Utilities Commission (PUC) and is administered by SCE to accelerate the adoption of electric vehicles throughout California. The program covers “make-ready infrastructure” up to the charging station stub-outs and offers rebates to help offset equipment purchase and installation costs.
Program applicants are required to be current SCE customers and own, lease, manage, or be the customer of record of the project site. The project site must also be in SCE’s service area. If necessary, customers are required to grant easement rights to SCE. Each project site is required to install a minimum of four (4) Level 1 (120 Volt/slower charging time than Level 2) or Level 2 (240 Volt) chargers that are separately metered.
Requirements also include enrollment in a time-of-use (TOU) rate plan and a demand response program. To qualify for equipment rebates, all equipment must be selected from SCE’s approved product list and must be kept operational for 10 years. Monthly charging data must also be provided to SCE.
To take advantage of this Program, staff has submitted an application for an SCE-Built installation of charging station infrastructure at Montebello City Hall for the potential installation of thirty-four (34) Level 2 Chargers.
Staff identified City Hall as being the most practical for use by the City's existing and potential future fleet of plug-in hybrid and fully electric vehicles, while also providing opportunities for City staff and the public to access electric vehicle charging stations.
SCE-Built presented City staff with a conceptual plan for the installation of electric vehicle infrastructure for the south-west area of City Hall. The plan shows locations and types of charging ports, the locations of required additional SCE equipment, and any required adjustments to existing parking spaces. These conceptual plans were reviewed by the City's Public Works Department and City Manager's staff, along with SCE program representatives and design engineers. Further review and plan checks will be required if the project moves forward to construction.
ENVIRONMENTAL:
The proposed approval of the participation agreement between the City of Montebello and SCE for the installation of electric charging infrastructure is not subject to the
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
California Environmental Quality Act (CEQA) pursuant to the common sense exception set forth in Section 15061(b)(3) of the California Code of Regulations where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. If the project moves forward to construction, each subsequent action shall be reviewed for CEQA compliance to the extent required by law.
ANALYSIS:
The City desires to explore all options and funding opportunities to offer both the public and City fleet the opportunity to charge electric vehicles within the City. The City currently has the capability to charge four (4) electric vehicles via solar-powered Level 2 chargers located in the west lot of City Hall. Staff have previously received City Council authorization to purchase new plug-in hybrid electric vehicles and would desire to further support those vehicles at City Hall, but need to install the necessary charging infrastructure before this can occur.
There is no fiscal impact for entering into a participation agreement with SCE for the Program. The Program has the potential to allow for the installation of all necessary electrical infrastructure in the south-west parking area of City Hall at no-cost to the City.
Staff will be working with SCE's approved vendor list to request proposals for the procurement and installation of the thirty-four (34) Level 2 Chargers. Further, staff will return to the City Council with any further agreements or actions relative to the installation and procurement of charging stations. A copy of the proposed participation agreement is attached hereto in substantial form.
SUMMARY:
Staff recommend that the City Council approve entering into a Participation Agreement with SCE for the Charge Ready Program, authorize the Acting City Manager to execute and finalize a contract on behalf of the City; and direct staff to take such additional related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A - Charger Layout Conceptual Plan
2. Attachment B - Participation Agreement
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Charge Ready
Charging Infrastructure and Rebate
Participation Agreement
This Charge Ready Charging Infrastructure and Rebate Participation Agreement (Agreement) sets forth the terms and conditions for Program Participant to participate in the Program. Pursuant to the terms of this Agreement, SCE will (1) install the Infrastructure (as defined herein) at no cost to the Program Participant; and, (2) if applicable, remit the Charging Equipment Rebate, and/or the Maintenance and Networking Rebate after all terms and conditions have been met by the Program Participant.
All Program Participants are eligible for no-cost installation of the utility-side and Customer-Side Make-Ready Infrastructure.
Program Participant hereby agrees to the following terms and conditions of the Charge Ready Charging Infrastructure and Rebate Program (the “Program”).
APPROVED CHARGING PORTS
1. Total Number of Approved Charging Ports:
The commitment to procure and install the number of approved Charging Ports applies whether or not the Program Participant is eligible to also receive a rebate for the installed charging equipment, as SCE will design and install the Infrastructure based on this commitment.
The Program Participant is required to install the quantity and power level of approved Charging Ports set forth in this Agreement. Failure to procure and install the agreed upon number may lead to termination of this Agreement, at SCE’s discretion.
Number of Charging Ports and Power Levels approved by SCE.
Power Level (L2) Port count: 34
2. Rebates (if applicable):
2.1. Charging Equipment Rebate
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If Program Participant is eligible to receive a rebate for the purchase and installation of charging equipment, the rebate amount paid to the Program Participant will be reduced to ensure that when combined with any other third- party rebates or incentives, the total rebate received by Program Participant does not exceed the Program Participant’s total costs for procuring and installing the equipment. Following the successful installation of the Charging Equipment, the Program Participant will certify whether it has received any other third-party rebates or incentives, so that SCE can determine the appropriate rebate payment.
The following table reflects that rebate values in effect at the time this agreement was issued:
Charging Infrastructure and
Rebate
DAC
Excluding
Fortune 1000* Multi-Family
Others
Including
Fortune 1000*
L2 $2,900 $1,450 $725
APPROVED SITE LOCATION AND DESIGN
3. Description of Approved Location at the Site:
Brief description of the mutually approved location on the Program Participant’s Site where Infrastructure will be installed.
Site Description: Installation of 20 Level II and Level III EV Chargers Site Address: 1600 W BEVERLY BLVD, MONTEBELLO, CA, 90640
4. Conceptual Design of the Infrastructure deployment at Program Participant’s Site:
Program participant has reviewed and approved the Conceptual Design, as provided by SCE, showing the location within the Site where SCE will deploy the charging infrastructure. MAKE-READY INFRASTRUCTURE WORK
5. The Make-Ready Infrastructure:
If the Program Participant elects to have SCE install the entire Make-Ready Infrastructure, SCE will do so at no cost to the Program Participant. In this case, the Make-Ready Infrastructure will be part of the “Infrastructure” as defined in this Agreement.
SCE-installed Customer-Side Make-Ready Infrastructure.
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PROGRAM PARTICIPATION TERMS AND CONDITIONS
Program Participant agrees that its participation in the Program is subject to the following terms and conditions:
6. Definitions:
6.1. AHJ – Authority Having Jurisdiction: The responsible government entity having geographically-based jurisdiction that typically approves, inspects, and permits construction projects (e.g., City, County, Fire, Division of State Architect, etc.).
6.2. Approved Product List: The list of Charging Equipment meeting SCE’s technical requirements and approved by SCE for use in its Charge Ready Programs. Program Participant must select Charging Equipment from the Approved Product List to receive applicable Charging Equipment Rebate (if available).
6.3. CalEnviroScreen: see Disadvantaged Communities.
6.4. Charging Equipment: Qualifying Charging Equipment that meets the technical specifications set forth by SCE. Charging Equipment that qualifies for the Rebate, if available. See also Power Levels.
6.5. Charging Equipment Supplier: The entity from which the Charging Equipment is purchased.
6.6. Charging Equipment Rebate: Financial reimbursement paid to an eligible Program Participant, or its designee, pursuant to this Agreement, to off-set a portion of the purchase of approved Charging Equipment.
6.7. Charging Ports: See Charging Stations.
6.8. Charging Stations – EV Charging Equipment: EV Charging Equipment interconnects with the electricity grid at a charging site to an electric vehicle, whether using alternating current (AC) or direct current (DC). An individual charging station unit may contain one or more charging ports for the purpose of connecting the electric vehicle to a grid connected power source capable of recharging the vehicle’s battery pack. The individual connectors of the Charging Station are referred to as ports (referred to in this agreement as Charging Ports). Each charging station may charge one or more vehicles depending on the number of ports with which each unit is equipped. For dual-port stations, each port must be capable of delivering full power to both vehicles that are charging simultaneously. For example, a dual-port L2 station rated at 7.2 kW must
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be able to deliver 7.2 kW of power to both vehicles when two vehicles are charging simultaneously.
6.9. Commitment Period: The ten (10) year period where Program Participant must maintain all Charging Equipment in working order at the Site. The Commitment Period will commence on the In-Service Date of the Charging Equipment.
6.10. Conceptual Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement.
6.11. California Public Utilities Commission (CPUC): The California state regulatory agency that is responsible for regulating privately owned electric, natural gas, telecommunications, water, railroad, rail transit, and passenger transportation companies.
6.12. CPUC’s Transportation Electrification Safety Requirements Checklist: The Safety Requirements Checklist applies to CPUC- Approved Transportation Electrification Programs and can be downloaded from: www.cpuc.ca.gov/WorkArea/DownloadAsset.aspx? id=6442458882
6.13. Customer-Side Infrastructure: See “Make-Ready Infrastructure.”
6.14. Customer-Side Make-Ready Rebate: The rebate intended to offset a portion of the Participant’s costs if Participant elects to perform the Customer-Side Make-Ready Infrastructure work, following the completed installation of the Make-Ready Infrastructure and submission of required documentation.
6.15. Demand Response: Demand Response (DR) programs encourage a reduction of electricity use during certain time periods, typically during on-peak hours or when demand for electricity is high, and/or can provide incentives to use electricity during periods of excess generation or when demand for electricity is lower.
6.16. Disadvantaged Communities (DACs): Census tracts in SCE’s service territory with a top quartile score according to California Environmental Protection Agency’s California Communities Environmental Health Screening Tool. SCE will use the current applicable version of the CalEnviroScreen tool to verify site status.
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6.17. Enrollment Portal: The website where Program Participants can apply for the Program, check application status, and upload most required documents.
6.18. Electric Vehicle Infrastructure Training Program (EVITP) Certification: The document certifying an electrician has gone through the Electric Vehicle Infrastructure Training Program process. For more information, please visit https://www.evitp.org.
6.19. Fortune 1000: Fortune 1000 companies include companies listed on the Fortune 1000 list, subsidiaries of Fortune 1000 companies, corporate stores of Fortune 1000 companies, and international companies with annual revenue at or above the lowest cutoff point in Fortune 1000.
6.20. Final Design: Map and related documents, as applicable, that show the proposed layout of the Infrastructure and Charging Equipment, including but not limited to, conduit routing and equipment placement. The Final Design is the engineered construction drawing submitted for permitting and will be completed after this Agreement is executed and prior to start of construction.
6.21. Final Invoice: Statement of the total amount paid by Program Participant to Charging Equipment Supplier(s) for the purchase, and installation of the Charging Equipment.
6.22. Grant of Easement: A contractual agreement to grant right of way for SCE to construct, maintain, operate, and repair any SCE-installed infrastructure. ((see Appendix A link)
6.23. In-Service Date: The earliest date on which the EV Charging Equipment is installed and operational.
6.24. Infrastructure: The necessary Infrastructure on both the utility-side and customer-side of the electric meter (i.e., “make-ready”) that SCE will design, construct, and install at no cost to the Program Participant pursuant to this Program. Infrastructure, as defined herein, does NOT include (1) purchase or installation of the Charging Equipment; or (2) the customer-side portion of the Make-Ready Infrastructure, if the Program Participant elects the self-installed Customer-Side Make-Ready Infrastructure option.
6.25. Make-Ready Infrastructure: Infrastructure located on both the utility-side and customer-side of the meter is also referred to as the Make-Ready Infrastructure. The Utility-Side Infrastructure includes all infrastructure
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work from SCE’s distribution system to a new circuit panel that will be installed to support EV charging. SCE will always be responsible for designing, procuring, installing, and maintaining the necessary infrastructure located on the utility side of the meter. The Customer-Side Make-Ready Infrastructure includes all infrastructure from the new panel that will be set as part of the Utility-Side Infrastructure work, up to the first point of interconnection with the Participant’s Charging Equipment.
Participants will have the option to have SCE perform the Customer-Side Make-Ready Infrastructure work or perform that work themselves and qualify to receive the Customer-Side Make-Ready Rebate.
6.26. Make-Ready Rebate: See Customer-Side Make-Ready Rebate.
6.27. Multi-Family Property (also referred to as multi-unit dwelling, or MUD).
The definition for enhance rebate qualifying sites include:
6.27.1.Residential properties – Structures that are designed to accommodate two or more tenants with shared parking areas.
6.27.2.Apartment Buildings – Structure(s) containing two or more dwelling units that may also include common areas and facilities, e.g., entrances, lobby, elevators or stairs, mechanical space, walks, grounds, recreational facilities, and parking both covered and open.
6.27.3.Retirement Communities, Townhomes, Condominiums – Residential communities with shared parking areas managed by an HOA or an equivalent association.
6.27.4.Mobile Home Parks – Residential mobile home communities with shared parking areas.
6.27.5.University & Military Housing – Student or military housing units or apartments with individual cooking facilities (except conventional dormitories and barracks with cafeteria type kitchens).
6.27.6.Timeshares – Vacation property communities with shared parking areas managed by an HOA or an equivalent association.
6.27.7.Public Parking with Dedicated Overnight Resident Passes – Public parking lots designated for nearby multi-family residents for overnight parking. Charging Stations can be open for public use during day-time hours.
6.28. Network Service Provider: The third-party entity that will provide Network Services for the Charging Equipment. The Network Service
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Provider will be required to transmit port level data and other information to SCE complying with Program requirements.
6.29. Ports: See Charging Stations.
6.30. Power Levels: Charging Equipment Power Levels.
Level 1 (L1) Charging: Low power charging, typically at or below 120 volts.
Level 2 (L2) Charging: Medium power charging, typically delivered between 220 and 240 volts.
Direct Current Fast Charging (DCFC): Charging equipment that provide a high-power DC current, and for this program at least 50 kW, to the electric vehicle's battery without passing through any onboard AC/DC converter, which means the current is connected directly to the battery.
6.31. Preliminary Design: The set of engineered, working drawings of the Infrastructure. The design includes project specifications, conduit routing, electrical equipment specifications and calculations, project related Site improvements and construction details
6.32. Program: Also referred to as the Charge Ready Charging Infrastructure and Rebate Program. This Program is designed to help Program Participants install the charging infrastructure needed to enable drivers to refuel their light-duty electric vehicles.
6.33. Program Guidelines: Program reference documents developed by SCE that provide program information, including but not limited to the program participation requirements.
6.34. Program Participant: The SCE non-residential entity that enters into this Agreement.
6.35. Property Owner/Site Owner: Individual or entity authorized representative of entity holding title in the Site where the Charging Equipment and Infrastructure will be located.
6.36. Rebate Payment: The payment made by SCE to Program Participant, or its designated assignee, after the eligible Program Participant procures and installs the Charging Equipment, meets the qualification requirements for the Customer-Side Make-Ready Rebate, and/or the Maintenance and Networking Rebate, in accordance with this Agreement, as verified by SCE, in SCE’s sole discretion.
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6.37. Site: The premises, owned, leased or operated by Program Participant, where the Charging Equipment will be installed.
6.38. Time-of-Use (TOU) Rate Plans: Rate plans which feature energy charges that vary based on the time of day, the day of the week, and the season. Some plans also include demand charges that are based on the maximum amount of electricity your business uses at once.
6.39. Utility-Side Infrastructure: See Make-Ready Infrastructure.
7. Eligibility.
Program Participant certifies that it meets, and will continue to meet throughout its participation in the Program, all eligibility requirements of the Program, including, but not limited to:
7.1. Program Participant is a non-residential SCE entity with at least one active service account.
7.2. The installation site is located in SCE’s service territory.
7.3. Program Participant agrees to provide, or cause the Site Owner to provide, SCE with the rights of way across public or private property (as applicable) and to obtain any necessary permits to install Charging Equipment, without cost to SCE.
7.4. Program Participant will comply with all Program requirements outlined in the Charge Ready Program Guidelines.
8. Additional Representations of Program Participant during the Term of the Agreement.
Program Participant:
8.1. Program Participant agrees to purchase and install the Charging Equipment, as set forth in this Agreement. Program Participant agrees that the number of Charging Ports and their charging power level set forth in Section 1 cannot be modified after execution of this Agreement, without express written consent of SCE, at SCE’s discretion.
8.2. All charging equipment must be approved by SCE for installation under this Program, in a quantity approved by SCE.
8.3. Program Participant agrees to have APL listed charging equipment installed by a qualified C-10 licensed and insured contractor.
8.4. Agrees to ensure their EVSE equipment installer follows all relevant State and local codes, and AHJ permitting requirements. All installed equipment must be correctly rated for the location where it will be
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installed (outdoor rated if applicable, conforming with ventilation requirements). The EV charging current shall not exceed 80% of the branch circuit rating. All EVSE installations must comply with the SB350 safety requirement checklist.
8.5. Agrees to ensure their EVSE equipment installer will not install and energize any EVSE or associated equipment capable of generation or bidirectional operation without Permission to Operate from SCE.
8.6. Agrees to procure, own, install, operate, and maintain the Charging Equipment in good working order at the site for a minimum of ten (10) years from the In-Service Date of Charging Equipment (“Commitment Period”).
8.7. Agrees that, if at any time during the Commitment Period the Charging Equipment is replaced, only SCE approved EVSE will be installed and all associated costs will be the responsibility of the Program Participant.
8.8. Agrees to contract with a qualified electric vehicle charging equipment Network Service Provider approved by SCE to record and transmit EV charging usage and other data to SCE.
8.9. Program Participant authorizes SCE to act on Program Participant’s behalf to voluntarily grant a Third Party access to receive information relating to Charging Station data, billing records, billing history, pricing information, and all meter usage data used for bill calculation for all meters participating in this Program. This authorization expires ten (10) years from the Charging Equipment’s In-Service Date.
8.10. Program participant authorizes the use of the collected Charging Station and related meter and billing data for regulatory reporting, program evaluation, industry forums, case studies or other similar activities, in accordance with applicable laws and regulations.
8.11. Acknowledges and agrees that the actual Make-Ready Infrastructure may vary from the Conceptual Design, if, in SCE’s sole discretion, actual Site conditions or AHJ direction requires such changes.
8.12. Acknowledges that funding pursuant to this Agreement is only reserved after SCE receives a copy of this Agreement signed by Program Participant and Property Owner (if different from Program Participant).
The Program Participant also acknowledges that reserved funding may be withdrawn, and SCE may terminate this Agreement, both in SCE’s sole discretion, if Program Participant breaches the Agreement.
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8.13. Agrees to comply with the established timelines and required documentation set forth in the Program Guidelines.
8.14. Represents and warrants that if Program Participant has applied for or received any other incentives or rebates for the Charging Equipment, Customer-Side Make-Ready Infrastructure, or Charging Equipment Maintenance and Networking program Participant shall notify SCE of any such incentives or rebates as soon as reasonably practicable. In the event that any such incentives or rebates, when combined with Program rebates, would reimburse Program Participant for more than 100 percent of their costs, SCE shall decrease the issued rebate amount if not yet paid, or if already paid, submit a reimbursement request to the Program Participant for the amount of the Rebate Payment exceeding 100 percent of the Participants costs.
8.15. Program Participant agrees that the electricity meter(s) associated with the EV charging equipment will be provided service under a TOU rate plan.
8.16. Participants must enroll in at least one qualifying Demand Response Program.
8.17. Agrees to ensure information of newly installed Charging Equipment, if accessible to the general public, will be registered with the US Department of Energy’s Alternative Fuel Data Center (https:// afdc.energy.gov/stations/#/analyze), and with the US Department of Energy’s EV Charging Station Locations mapping tool, accessible at (https://www.afdc.energy.gov/fuels/electricity_locations.html#/find/ nearest?fuel=ELEC), and that only one set of information is reported between the Program Participant and Charging Equipment Supplier.
8.18. Agrees to submit a completed IRS tax form W-9, and California Franchise Tax Board form 590 if applicable, or to provide line items from those forms as SCE may request, in order for SCE to process any Rebate Payment.
8.19. Represents and warrants that the execution and delivery of this Agreement, and the performance by Program Participant of its obligations under this Agreement, have been duly and validly authorized, and this Agreement is a legal, valid and binding obligation of Program Participant.
8.20. SCE, at its sole discretion and in accordance with its applicable tariffs, design standards, and AHJ permitting requirements, will locate, design,
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and install the utility-side, and possibly the customer-side Infrastructure depending on the Participants choice. SCE is responsible for all costs associated with Infrastructure deployed by SCE pursuant to this Agreement.
8.21. SCE will pay the Charging Equipment Rebate, if applicable, after SCE has verified correct installation of the Charging Equipment, consistent with this Agreement, subject to Program Participant meeting all Program requirements. The actual Charging Equipment Rebate Payment amount shall not exceed the actual reasonable costs of the Charging Equipment, and its installation, as set forth in the Final Invoice(s) and consistent with the Program Participant’s contract with the Charging Equipment Supplier(s) and installers.
8.22. SCE will pay the Maintenance and Networking Rebate to qualifying participants following the installation of the Charging Equipment and subject to Program Participant meeting all Program requirements.
8.23. For sites that qualify to participate under the Multi-Family Property sites definition by providing Public Parking with Dedicated Overnight Resident Passes, Participant agrees to ensure that overnight parking will be reserved and dedicated for nearby multi-family residents for the duration of the commitment period.
8.24. Agrees to participate in SCE sponsored customer satisfaction and other surveys following completion of the Project, upon request of SCE.
9. Term and Termination:
9.1. Term: The term of this Agreement shall begin upon the date that both Parties have signed the Agreement and end ten (10) years from the In- Service Date of the Charging Equipment, unless otherwise terminated earlier pursuant to this Agreement (“Term”).
9.2. Termination: If the Program Participant fails to comply with any of the terms and conditions of this Agreement, SCE, in its sole discretion, may terminate this Agreement after sending Program Participant a notice of default that remains uncured for five (5) business days from receipt, except in the case of a safety or security violation, in which case, SCE may terminate the Agreement immediately and take all other necessary actions, including but not limited to, disconnecting power to the Charging Equipment, in SCE’s sole discretion, to cure such safety or security violation(s).
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9.3. Termination Costs: If this Agreement is terminated prior to the end of the Term because (1) Program Participant terminates its participation in this Program, (2) Program Participant, prior to the end of the Commitment Period, fails to install, or removes without replacing, the Charging Equipment or Program Participant-owned make-ready infrastructure, if applicable; or (3) SCE terminates this Agreement due to Program Participant’s failure to comply with the terms and conditions of the Agreement, in accordance with Section 9.b. (Termination) hereof, the Program Participant shall pay (a) all costs actually incurred, or committed to be incurred, by SCE, as of the termination date, in connection with designing and deploying the Infrastructure at the Site; and (b) the Rebate Payment (if already paid). If the Charging Equipment or the Make-Ready Infrastructure, if applicable, are installed, the amount due to SCE for both (a) and (b) above will be prorated over a ten-year period, beginning from the In-Service Date of the Charging Equipment. SCE will invoice the Program Participant for such costs, and Program Participant shall pay such invoice within sixty (60) days of receipt.
10. Indemnification and Liability; No Representations or Warranties
10.1. Program Participant understands that SCE makes no representations regarding manufacturers, dealers, contractors, materials or workmanship of the Charging Equipment. Further, SCE makes no warranty, whether express or implied, including without limitation the implied warranties of merchantability and fitness for any particular purpose, use, or application of the products and services under the Program. Program Participant agrees that SCE has no liability whatsoever concerning (1) the quality, safety or installation of such products, including their fitness for any purpose, (2) the workmanship of any third parties, (3) the installation or use of the products. Program Participant hereby waives any and all claims against SCE, its parent companies, directors, officers, employees, or agents, arising out of activities conducted by or on behalf of SCE under the Program. Without limiting the generality of the foregoing, Neither SCE nor Program Participant shall be liable hereunder for any type of damages, whether direct, or indirect, incidental, consequential, exemplary, reliance, punitive or special damages, including damages for loss of use, regardless of the form of action, whether in contract, indemnity, warranty, strict liability or tort, including negligence of any kind.
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10.2. Indemnification of SCE. To the fullest extent permitted by law, Program Participant shall, at SCE’s request, indemnify, defend, and hold harmless SCE, and its parent company, subsidiaries, affiliates, and their respective shareholders, officers, directors, employees, agents, representatives, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all claims, actions, suits, proceedings, losses, liabilities, penalties, fines, damages, costs, or expenses, including without limitation reasonable attorneys’ fees (a “Claim”), resulting from (a) any breach of the representations, warranties, covenants, or obligations of Program Participant under this Agreement, (b) any act or omission of Program Participant, whether based upon Program Participant’s negligence, strict liability, or otherwise, in connection with the performance of this Agreement, or (c) any third-party claims of any kind, whether based upon negligence, strict liability, or otherwise, arising out of or connected in any way to Program Participant’s performance or nonperformance under this Agreement. This indemnification obligation shall not apply to the extent that such injury, loss, or damage is caused by the sole negligence or willful misconduct of SCE.
10.3. Responsibility for Repairs. If Participant -installed equipment damages SCE-owned Infrastructure, Participant will be responsible for any costs associated with making any necessary repairs. If SCE identifies an improper installation of Participant-installed equipment, Participant agrees to pay for and be responsible for making any necessary corrections in the manner requested by SCE.
10.4. Defense of Claim. If any Claim is brought against the Indemnified Parties, Program Participant, at SCE’s request, shall assume the defense of such Claim, with counsel reasonably acceptable to the Indemnified Parties, unless in the opinion of counsel for the Indemnified Parties a conflict of interest between the Indemnified Parties and Program Participant may exist with respect to such Claim. If a conflict precludes Program Participant from assuming the defense, then Program Participant shall reimburse the Indemnified Parties on a monthly basis for the Indemnified Parties’ defense costs through separate counsel of the Indemnified Parties’ choice. If Program Participant assumes the defense of the Indemnified Parties with acceptable counsel, the Indemnified Parties, at their sole option and expense, may participate in the defense with
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counsel of their own choice without relieving Program Participant of any of its obligations hereunder.
11. Miscellaneous
All Applicable Tariffs Apply. All applicable SCE tariffs apply to service provided pursuant to this Agreement, with the following exceptions:
11.1. Rules 15 and 16. Distribution Line and Service Extensions: Because SCE will design and install the Infrastructure at no cost to Program Participant, sections in Rules 15 and 16 that address applicant responsibilities or options are not applicable to Program Participants while participating in the Charge Ready Charging Infrastructure and Rebate Program. This may include, but is not limited to, allowances, contributions or advances, payments, refunds, and design and installation options. This exception does not apply to certain responsibilities found in Rule 16, such as, but not limited to, Section A.10, providing rights of way or easements; Section A.11, providing access to the location; and Section D.1, providing a clear route for the Service Extension.
11.2. Survival. Program Participant’s obligation to pay Termination Costs and to indemnify the Indemnified Parties shall survive the expiration or termination of this Agreement.
11.3. Assignment. Program Participant shall not assign this Agreement without the prior written consent of SCE; to be granted or denied in SCE’s sole discretion. Any assignment and assumption shall be in a form acceptable to SCE, in SCE’s sole discretion.
11.4. All applicable SCE tariffs apply to service provided pursuant to this Agreement including, but not limited to, the applicable provisions of SCE’s Charge Ready Program (CRP) Tariff Schedule filed with the California Public Utilities Commission. This Agreement shall be subject to such changes or modifications by the Public Utilities Commission of the State of California, as said Commission may, from time to time, direct in the exercise of its jurisdiction.
11.5. Should a conflict exist between the Charge Ready Program Guidelines and this Agreement, then this Agreement shall control with respect to such conflict.
11.6. Incentives and Rebates are taxable and if greater than $600 will be reported to the IRS unless the payee is exempt. SCE will report the
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rebate as income on IRS Form 1099. The payee should consult its tax advisor concerning the taxability of the Rebate Payment.
This Agreement can be signed electronically. If wet signature required, this Agreement can be downloaded and signed. Following signature, the Program Participant can upload the completed Agreement. SCE will verify for completeness and accuracy and will execute the Agreement and reserve funding accordingly.
AGREEMENT BY PROGRAM PARTICIPANT
By signing this document, you represent that the information provided in this Agreement is true, accurate and complete, and that you will comply with the terms and conditions set forth in this Agreement. You also represent and warrant that you are a duly authorized representative of Program Participant with the requisite authority to enter into this Agreement. For federal government Program Participants, you must be a Contracting Officer authorized to enter into this Agreement.
Name of Program Participant: MONTEBELLO, CITY OF
________________________________________________
Name of Program Participant Representative:
________________________________________________
Title of Program Participant Representative:
_______________________________________________
I certify that the information provided is accurate and complete and that I have authority to sign this Agreement on behalf of Applicant.
Signature
Date:
AGREEMENT BY PROPERTY OWNER (If Program Participant is the Property Owner, no separate signature is required.)
By signing this document, you represent and warrant that you are a duly authorized representative of the owner of the property on which the Site is located and that you
Page | 16
11-3-2022 V2.8
have the requisite authority to consent to the use of the property in the manner set forth in this Agreement. You also represent that Property Owner hereby approves the installation and operation of the Infrastructure and the Charging Equipment, as well as any other necessary equipment to deploy the Charging Equipment pursuant to the Program as described in this Agreement. You further agree to execute the Easement Agreement (see Appendix A link) within thirty (30) calendar days after Easement Agreement is provided by SCE.
Name of Property Owner Representative:
__________________________________________
Title of Property Owner Representative:
___________________________________________
I certify that I have authority to sign this Agreement on behalf of the Property Owner.
Signature
Date:
Endnotes
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Michael Solorza, Director of Finance
SUBJECT: AUTHORIZE ISSUING REQUEST FOR PROPOSALS (RFP) 24-6 FOR
CONSULTANT SERVICES FOR PRE-EMPLOYMENT PUBLIC SAFETY
BACKGROUND INVESTIGATIONS
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize the issuing of a Request for Proposals (RFP) 24-6 to hire a consultant(s) to provide pre-employment public safety background investigation services; and
2. Authorize the use of up to $75,000 to continue conducting background investigation while the RFP process is complete; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Issuing this RFP does not have a direct cost associated. The estimated cost of services is unknown; however, it is anticipated the total cost will exceed $50,000 on an annual basis. Once the selection process is complete, staff will return to the City Council requesting approval of a professional services agreement per the Montebello Municipal Code Chapter 3.20 – Purchasing System guidelines. Estimated annual costs for these services will be presented at that time, and if necessary, any budget adjustments will be requested.
In addition to issuing the RFP, staff request authorization to purchase up to $75,000 in pre-employment background investigations from various service providers during Fiscal Year 2023-24.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
BACKGROUND/DISCUSSION:
As part of the employment process for various positions, primarily within the Police and Fire Departments, applicants must undergo an extensive background investigation.
Background investigations are conducted to ensure that candidates are reliable, trustworthy, of good conduct and character, and, ultimately, suitable for employment in the respective role (e.g., Police Officer, Firefighter, etc.). Staff requests authorization to issue an RFP to locate one or more consultants to provide this service.
The City will seek to hire multiple qualified consultants to provide this service to ensure services are available when needed. The number of current and projected future vacancies in various public safety classifications in the Fire and Police Departments will require extensive use of pre-employment background investigation services and it will be necessary to have multiple, highly-qualified companies available to provide these essential services.
To ensure this service is available during the RFP process, staff requests authorization to purchase up to $75,000 in background services during the current fiscal year.
Approving this request will also ensure that hiring critical public safety roles can continue.
The FY 2023-24 budgets for Police and Fire include funding for these services, therefore a budget adjustment is not needed at this time.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff requests authorization to issue an RFP to hire a consultant to provide background checks for various public safety positions.
ATTACHMENT(S)
1. Attachment A - RFP 24-6 - BG Investigations (Draft)
NEXT STEPS:
N/A
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 6
Pre-Employment Background Investigation Services
Release Date: Friday, September 29, 2023
Due Date: Thursday, November 2, 2023, at 11 a.m. PDT
ATTACHMENT A
2 (THIS PAGE INTENTIONALLY LEFT BLANK)
3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals ( “RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described . Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to e nter into a Professional Servi ces Agreement based on the specif ications outlined in this RFP.
DATE OF SOLICITATION
September 29, 2023
PROJECT
Pre-Employment Background Investigation Services
PROPOSAL OWNER
City of Montebello – Department of Finance/Information Technology 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance/Information Technology Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
PROPOSAL CONTACT
City of Montebello – Department of Finance/Information Technology 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Micah Herd, Senior Management Analyst
Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]
Any questions about this RF P should be submitted via the City's PlanetBids Portal by Wednesday, October 18, 2023, at 11:00 a.m. PST. Prospective consultants must register their business wi th PlanetBids before being able t o view or submit a re sponse.
To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 7
6.0 Proposal Submittal 10
7.0 Evaluation of Proposal 10
8.0 Proposal Protests 10
9.0 Execution of Agreement 12
10.0 Insurance 12
11.0 Use of Federal Funds 14
12.0 Non-Commitment of City 15
13.0 Labor Requirements 15
14.0 Records 16
15.0 Subcontractors 16
16.0 Modifications/Changes 16
17.0 Disclosure of Information 16
18.0 Ex-Parte Communications 17
19.0 City of Montebello Rights 17
Appendix A – Proposal Content and Format
Appendix B – References
Appendix C – Sample Professional Services Agreement
5 1.0 Notice Inviting Proposals
The Cit y of Montebello seeks proposals from qualified consultants to provide pre - employment background investigations for various positions following the specifications, terms, and conditions ident ified in this RFP . Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
Prospective consultants must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, October 18, 2023, at 11:00 a.m. PDT.
*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Thursday, November 2, 2023, at 11:00 a.m. PDT.
Responses to this RFP will be evaluated to determine the consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.
6 2.0 Introduction
The City of Montebello invites prospective consultants to submit a proposal to provide pre-employment background investigation services.
The City’s Police and Fir e Departments are full-service and respond to all e mergency and non-emergency calls for service within city limits. The proposed budget for Fiscal Year 2023 – 24 includes app roximately $37 million for Police and Fire services .
Included in the budge t is s ufficient funding for 187 full -time equivalent positions for these departments. Some of these positions are currently unfilled. In the near future, the City anticipates engaging in a campaign to fill most of the vacant positions.
The City currently outsources background investigations to consultants under a Professional Services Agreement. The current consultants conduct all pre-employment background investigation services under the direct ion of the Department of Human Resources and the hiring department.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It ho sts a mix of various indus tries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Friday, September 29, 2023
• Online Q&A Deadline Wednesday, October 18, 2023,11 a.m. PDT • Deadline to Submit Responses Thursday, November 2, 2023, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2023
• Interviews TBD (If Necessary)
• Notifications Sent to Consultants Late November 2023 • Award Early December 2023
4.0 Purpose
The purpose of this solicitation is to identify a qu alified consultant to pro vide pre - employment background investigations services.
The City is seeking to establish an agreement with a minimum term of two (2) years with up to three (3) , one (1 ) year extension option s for a total of up to five (5 ) years. This requirement may cha nge during the process of finalizing the agreement with the
7 selected consultants.
5.0 Scope of Work/Services
The City of M ontebello is seeking the services of consultant s to conduct background investigations as part of the pre -employment screening proce ss for various positions.
The positions screened through this process are primarily within the City's Police and Fire Departments. The City may occasionally request limited/modified pre-employment screenings for other positions, as needed and in compliance with governing policies and procedures.
The City seeks to award multiple consultants to create a bench through this solic itation.
By doing this, the City hopes to have s ufficient consultants available to manage the anticipated workload. Consultants must be able to handle a caseload of up to five (5) to ten (10) investigations simultaneously. An eight (8) to twelve (12) week turnaround is expected for each investigation an d final report; however, extensions may be allowed upon authorization by a designated City representative.
The City will provide templates for the applicants' Personal History Statement (PHS), Pre-Employment Background Questionnaire (PEBQ), Polygraph, and any other required documents. Before conducting services, consultants should revi ew these documents to ensure they follow governing policies and procedures and are free of any errors that might compromise the process.
At the start of each investigatio n, consultants shall designate a contact to communicate with the City’s designated p oint of contact throughout the investigation(s) and notify of any information that would immediately disqualify the applican t from employment. If this occurs, the Consultant will cease the investigation until the City provides further guidance. They should also be prepared to adjust the cost of the investigation accordingly.
The following is a summary of specific tasks associated with the investigation process:
• Consultants will c onduct an in -person interview with each applicant and provide written documentation.
• Perform criminal records inquiries for each applicant (mail inquiries should be sent to every City, county, and college law enforcement agency where the applicant lived, worked, and attended college). Any returns received after the file has been submitted to City shall be returned to City for inclusion.
• Perform reference inquiries for each applicant (all reference s listed on PHS and any secondary references ide ntified by the investigator). Three (3) documented
8 attempts shall be made. Mail inqu iries should be sent after three (3) failed phone contact attempts. Any returns received after the file has been submitted t o City shall be returned to:
City of Montebello
Attn: Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640)
These documents will be maintained in the investigation file.
• Perform residence/neighborhood inquiries/verification for each appli cant for all locations the applicant has lived in over the past ten (10) years. Mail inquiries are to be sent to residences where th e applicant lived from the age of fifteen (15) forward o r a maximum of ten (10) years from the date of the pre -employment background investigation. Any returns received after the file has been submitted to City shall be returned to the City for inclusion in the file.
• Perform agency checks for each applicant (m ail inquiries to all law enforcement agencies where the applicant ha s previously applied). An in -person review of the applicant's background file, if available, as reported by the agency through mail inquiry return, is to be completed. Due to the time it t akes to receive mail inquiry returns, the investigator should contac t by telephone those agencies where the applicant advised there was a background investigation started or completed.
Any returns rec eived after the file has been submitted to the City shal l be returned to the City for inclusion in the file.
• Perform emplo yment checks for each applicant. Employment checks include interviewing coworkers and supervisors /managers from current and past employment (in-person checks are required for employment ov er the last three (3) years, and mail inquiries are sufficient for a ll others) and reviewing personnel files, if available, with follow-up documentation filed.
• Review of legal, DMV, education, and m ilitary documents for verification (some provided by the applicant and others provided by the agency).
Police Pre-Employment Background Investigation (Sworn and Civilian Positions) For background investigations involving candidates for sworn and civilian positions within the Police Department, consultants mus t conduct comprehensive investigations that adhere to the guidelines established by the California Commission on Peace Officer Standards and Training (POST). Selected consultants are required to stay apprised of
9 changing POST guidelines, recommendations, a nd requirements by accessing the POST manual online website at:
https://post.ca.gov/background-investigation-manual-guidelines-for-the-investigator
In addition, consultants are expected to notify designated Human Resource s and Police Department staff of any changes to the process.
Documentation/Deliverables
Upon completion of background checks, the Consultant i s expected to provide an executive summary for each applicant, following the format established by the City that includes the following categories:
• Personal
• Education History
• References (General, Employment, and Resident/Neighbors) • Agencies Applied To (Police and Fire Applicants Only) • List of Residences
• Employment History
• Financial/Credit History and Responsibility
• Legal, Polygraph Exam Results (Polygraph Only Required for Police) • DMV/Driver’s History
• Social Media Content
• Tattoos Notifications (photos, location)
In additi on to the executive summary, the Consultant should provide any relevant attachments and backup documents.
Background packets are expected to be delivered using agreed -upon format dividers.
Documents shall be in order as provided by the City, and all pages, except for divider pages, should be numbered. The completed background file for each applicant shall be forwarded to the City’s Department of Human Resources or designated point of contact.
Consultants must provide mont hly updates which list the cases being handled and its current status (e.g., name of applicant, position applied for, date investigation started, and notes regarding any missing do cument/in-progress tasks). This update should be emailed to the City’s Human Resources point of contact.
Consultants and all employees with access to City ba ckground investigation packets/files may be required to sign a confidentia lity agreement to be provided by the City.
10 6.0 Proposal submittal
Please review Appendix A - Proposal Fo rmat and Content , attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested informat ion may be considered “non-responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Consultants planning to submit responses to this requ est are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.
7.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:
A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.
B. Proposal Evaluati on - In the second part of this process, the evaluation committee will review and rate proposals based on the following:
i. Qualifications as they relate to this project (50%)
a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills
ii. Reputation for integrity and competence (30%)
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services (20%)
8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
11 When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitt ed in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protes ts must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:
Mail:
Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City r eserves the right not to implement the propos ed remedy but to offer alt ernative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Intereste d p arties may include all proposers, subcontr actors, or suppliers, prov ided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.
12 The City will respond in writing within ten (10) wo rking days after receipt of a properly filed protest. The Director of Finance will respon d and include a response to each substantive issue raised in the protest.
After the exhaustio n of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a pr oposal opening must be filed within three (3) working days after the pro posal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.
9.0 Execution of Agreement
The resulting agreement ( see attached sample Appendi x C) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the C onsultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the in surance requirements and indemnification clause in the attach ed sample agreement.
Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
10.0 Insurance
The Consultant selected must meet the f ollowing minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage s cope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, in cluding premise -operations, products -completed, broad form property damage, blanket contractual liability, independent cont ractors, personal injury or bodily injury, and advertising in jury with limits no less than $2,000,000 per occurrence. If a general ag gregate limit applies, the limit shall be twice the required occurrence limit.
If requested, the "City of Montebello, it s officials, employees, and agents" must be separately endors ed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
13 B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform serv ices, the Firm must submit a written request for a waiver of this requirement.
C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional l iability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 a ggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not les s than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insur ance, the vendor must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its official s, employees, and agents" must be endorsed to the vendor’s ge neral liability policy as well as the auto liability policy as additiona l insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage
14 or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellatio n (ten (10) days for cancellation due to nonpayment of premium is acceptable).
Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self- insurance, primary or excess, maintaine d by or available to the Ci ty or its officials, employees, and agents.
Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.
In ge neral, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insuranc e r equirements. Any revisions to the insurance requirements will be iden tified within the associated service contract terms and conditions.
Consultants may request a waiver or modification of these insurance requirements.
Waiver or modification requests must be submitted in writing. The request sh ould state the specific ins urance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by- case basis, and the decis ion will ultimately depend on the scope of se rvices. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
11.0 Use of Federal Funds
The City may elect to use funding from Fede ral sources for a portion of or all expenses related to this project. Th e United States Federal Government requires purchases of items and services to meet specific standards when using Federal f unds, including grants, cooperative agreements, contracts, an d Federal funds "passed -through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subt itle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The following standards apply to all purchases of items and services using Federal funds:
15 • Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U .S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transacti ons must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code C hapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
12.0 Non-Commitment of City
While the City intends to select a Consultant through this process, th is intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in prep aring the proposal for this request, and/or procuring or contracting any items or services.
13.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warrant ed to possess sufficient experience and reliability to perform this work.
B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow any person(s) under the influe nce of alcohol or drugs on the premises or in the building. Neither shall the Consultant allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, a ncestry, mental/physical disabilities, sex, or religion of such persons.
16 D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, und er the influence of alcohol and drugs, which fails or otherwi se refuses to perform the work properly and acceptably or is otherwise o bjectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
14.0 Records
The Consultant agrees to permit the City Manager or designee access to records, reports, files, and other papers or prope rty of the Consultant to audit any performance aspect under this agreement.
15.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreeme nt and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the di rect supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance ind emnifying the City with limits at or exceeding the limits of the Contractor's insurance.
16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be neces sary during the agreement term. Changes in th e agreement requirements an d corresponding changes in compensation may be implemented upon the mutual understanding between the City and the Consultant. These changes will be processed through the City Manager.
17.0 Disclosure of Information
A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of th e City, including but not limited to its costs, charges, oper ating procedures, or methods of doing busines s to any person, vendor, co rporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior writt en consent of the City. Such confidential or proprietary info rmation received by the Consultant shall be u sed exclusively in connecti on with the performance of services.
B. The Consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by t he Consultant hereunder or mentioning or impl ying the name of the City o r its respective personnel without the prior written consent of the City.
17 18.0 Ex-Parte Communications
Consultants and their representatives should not engage in unauthorized communications with elected officials, officers, employe es, or agents of the Ci ty about this RFP. This requirement als o includes any evaluation panel member, except for designated RFP facilitators. Thi s requirement remains in effect until after award notifications have been made.
This restriction does not proh ibit consultants and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.
19.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all p roposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non -responsive, obscure, irregul ar, or lacking necessary detail and specificity.
ii. The Consultant, in the sole judgment of the City, lacks the q ualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit an y information within the time specified by the City and as may be otherwise required herein.
B. Reject any propo sal that, in the opinio n 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;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.
Please review:
Appendix A – Proposal Content and Format
Appendix B – References
Appendix C – Sample Professional Services Agreement
City of Montebello
Background Investigation Services
RFP No. 24 – 6
Appendix A – Proposal Content and Format
Proposal Content
Consultants shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting proposals, which contain at a minimum the following information:
1. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the pla nning period and a proposed schedule designed to meet the City's needs for the project.
2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. D escribe what information you would expect the City to supply.
3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.
Using Appendix B – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.
Resumes may also be included in this section for any key staff associated with project.
4. Proposed Scope of Services - Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.
5. Conflict of Interest Statement – The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.
6. Cost Proposal – Cost proposal should include the following:
Total All-Inclusive Not-To-Exceed Maximum Price: T he cost proposal should contain all pricing information relative to performing the scope of work as described in this request
for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all o ut-of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.
Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFP. These schedules should include hourly rates and number of hours a nticipated for each staff level; as well as out -of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price.
Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.
All proposals must be submitted using the PlanetBids Portal by Thursday, November 2, 2023, at 11:00 AM PDT. It is highly encouraged that proposals are submitted ahead of the deadline to avoid any technical difficulties that might be encountered while using the portal.
Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.
Responses shall not exceed thirty (30) pages when printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font s ize. The t hirty (30) page-requirement does not include cover letter/letter of transmittal, or any items included as additional attachments.
Proposals should also include the following:
1. Title Page showing the request for proposals subject; the vendor’s na me; the name, address, email and telephone number of the contact person; and the date of the proposal.
2. Table of Contents identifying the items/section listed in the “Proposal Content” section of this RFP.
3. Detailed proposal following the order set forth in the "Proposal Content" of this RFP.
City of Montebello
RFP 24 - 6
Pre-Employment Background Investigation Services
Appendix B – REFERNCES
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
Entity Name
Business Address
Name of Contact
Title Contact
Telephone Number of Contact
Email of Contact
Description of Project
Date of Service
APPENDIX C
CITY OF MONTEBELLO PROFESSIONAL SERVICES AGREEMENT NO. ______ WITH _____________ THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202_ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and __________________________ (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.” RECITALS WHEREAS, the CITY desires to retain a qualified professional consultant to provide __________________________ services in the CITY; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees. NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows: SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS a. 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 precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein: 1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements. 2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits. b. 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 precedence list above shall apply. SECTION 2. SERVICES / COMPENSATION. a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide _________________________ services as set forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
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c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY. SECTION 3. TERM. a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head. SECTION 4. PERFORMANCE. a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request. SECTION 5. WORK PRODUCT. a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product
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shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT. b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement. SECTION 6. EXTRA SERVICES. No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”). SECTION 7. CITY SUPERVISION. The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager. SECTION 8. 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 (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 the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the 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, the CONSULTANT 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. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by
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giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT 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 the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. SECTION 9. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement. SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT. SECTION 11. INDEPENDENT CONSULTANT. a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder. 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. The CITY shall not deduct from the Compensation paid to the CONSULTANT 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 the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants
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with workers’ compensation insurance or any other insurance. SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants. b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits. SECTION 13. LEGAL RESPONSIBILITIES. The CONSULTANT 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. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section. SECTION 14. INDEMNIFICATION. The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the 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 the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
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SECTION 15. INSURANCE COVERAGE. a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 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 $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide. e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to
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the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to: City of Montebello Attn: Risk Manager 1600 West Beverly Boulevard Montebello, CA 90640 Email: [email protected] Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT 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. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional 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 days’ prior written notice to the CITY. The CONSULTANT 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. j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and
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expenses. m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement. SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION. The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, 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 the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT 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-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement. SECTION 17. NO WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. SECTION 18. 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 19. 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 20. WARRANTIES. Each of the parties represents and warrants to one another as follows:
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a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; 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 other 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 21. 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 shall 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 one and 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 original 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. SECTION 22. NOTICE.
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All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) 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: If to CITY: City of Montebello Attn: Arlene Salazar,Assistant City Manager 1600 West Beverly Boulevard Montebello, CA 90640 (323) 887-1200 Email: [ENTER EMAIL ADDRESS] With a copy to: City of Montebello – Department Name Attn: Name and Title of Department Head 1600 West Beverly Boulevard Montebello, CA 90640 (323) 558 -1625 ext. Email: [ENTER EMAIL ADDRESS] If to Consultant: Consultant Name Attn: ___________________ Address City, CA ##### (###) ###-#### Email An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form. SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER. In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant 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 24. CONFLICT OF INTEREST. The CONSULTANT 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 the CONSULTANT under this Agreement, or which would
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conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement. The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's covenant under this section shall survive the termination of this Agreement. SECTION 25. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the CITY and the CONSULTANT. 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. [SIGNATURE PAGE TO FOLLOW]
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IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”) (“CONSULTANT”) CITY OF MONTEBELLO CONSULTANT NAME Arlene Salazar, Acting City Manager Full Name, Title ATTEST: Christopher Jimenez, City Clerk APPROVED AS TO FORM: Arnold M. Alvarez-Glasman, City Attorney EXHIBITS: • Exhibit A – Request for Proposals for Services and Contractor’s Proposal • Exhibit B – Schedule of Compensation • Exhibit c – Live Scan Fingerprinting Requirement
EXHIBIT “A” Request for Proposals for Services and Contractor’s Proposal
EXHIBIT “B” Schedule of Compensation
EXHIBIT “C” Live Scan Fingerprinting Requirements Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department. The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT must obtain a “Temporary Consultant’s Badge” issued by the City of Montebello Human Resources prior to performing work.
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE THE PURCHASE OF ONE PARAMEDIC RESCUE SQUAD
AND RELATED EQUIPMENT AND SUPPLIES AND AUTHORIZE THE
BORROWING OF TWO PARAMEDIC RESCUE SQUADS
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize an agreement with South Coast Fire Equipment, Inc. to purchase one (1) 2023 Pierce Ford F550 Rescue Squad Apparatus, for a not-to-exceed amount of $342,317; and
2. Authorize the Acting City Manager, City Attorney and Fire Chief to enter into discussions with the County of San Bernardino and/ or the County of Los Angeles to borrow two (2) Paramedic Rescue Squads for a limited time period to allow for the acquisition of additional rescue squads; and
3. Authorize acquisition of the necessary emergency medical supplies, communications and related equipment to outfit the Paramedic Rescue Squads; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $492,317, in the following accounts and amounts: $342,317, 100-85-860-6082 (General Fund, Fire, Suppression, Vehicle Purchase) and $150,000, 100-85-860- 6010.10 (General Fund, Fire, Suppression, Machinery and Equipment); and
5. Take such additional, related actions necessary to purchase, outfit and borrow the required rescue squad vehicles
FISCAL IMPACT:
The ultimate goal of the Fire Department is to acquire a sufficient number of Paramedic Rescue Squad vehicles to have one stationed at each of the City's three fire stations with
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
each staffed by two Firefighter/Paramedics to operationalize the recently approved EMS Staffing and Response Model. Recent experience with procuring public safety vehicles has shown the lead time can be as much as two years for these specialty apparatus. The Fire Department has been able to identify the immediate availability of three squad vehicles that would allow full implementation of the recently approved (September 13, 2023) EMS Staffing and Response Model within three months. This approach involves the purchase of one squad vehicle from South Coast Fire Equipment (2023 Pierce Ford F550 Rescue, see Attachment A). The quoted price is $297,667, with a 15% contingency added in anticipation of potential inflationary impacts on the final price. Therefore, total acquisition cost for the one squad would be $342,317.
It is requested that the purchase of the Pierce Ford F550 Rescue be done under the authority of Montebello Municipal Code Section 3.20.050(D), which allows -- by a four- fifths vote of the City Council -- for dispending with normal purchasing processes if by doing so "the welfare of the public would be promoted by dispensing with the same..." Implementation of the EMS Staffing and Response model requires squads be placed into service, and having idenfited one vehicle available immediately for purchase allows for the updated EMS model to be operationalized, promoting the public welfare by improving overall EMS response capabilities and reducing "out of service" time of the City's fire apparatus and personnel.
The other two squad vehicles would be acquired by entering into an agreement for a short-term loan from either the County of San Bernardino and/or the County of Los Angeles Fire Departments. Both Los Angeles and San Bernardino Counties have surplus squad vehicles that they have agreed to discuss the potential lending of said equipment to the City while options for permanently acquiring additional squad vehicles are pursued. The ability to borrow two squad vehicles allows for them to be placed into service much sooner than waiting to procure them. Staff is therefore asking the City Council to authorize the Acting City Manager, Fire Chief and City Attorney to pursue the borrowing plan, and to prepare an agreement suitable to both parties that memorializes the short-term borrowing of the squads. The plan is to enter into a twelve (12) month initial loan agreement for the two squad vehicles, allowing for a bridge while additional rescue squads are procured. Staff is researching the financing purchase of the additional squads and will return to the City Council with appropriate action at a subsequent meeting. Any agreements will be presented to City Council at a future meeting for approval.
In addition to purchasing and borrowing the necessary Paramedic Rescue Squads, procurement of rescue equipment, medical supplies and communications equipment is necessary. Attachment B outlines the basic medical supplies required for a rescue squad. Rescue, firefighting, SCBA, radio and other related equipment necessary to render the squads fully functional and operational within the Montebello Fire Department's fleet will be procured. It is estimated this would cost an additional $150,000 for the three rescue squads.
The City has agreements in place with numerous vendors currently utilized by the Fire Department to procure fire equipment, medical supplies and communications equipment necessary for daily operations of the fire service. City Council approved agreements with
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
Allstar Fire Equipment, Galls LLC, and Municipal Emergency Services, Inc. on April 13, 2022 to procure the various equipment and supplies utilized by the City's fire personnel (e.g., uniforms, turnouts, hoses and nozzles, ladders, rescue and extraction equipment, etc.). In addition, on November 21, 2021, City Council approved agreements with Zoll and Life-Assist, Inc to purchase medical supplies. These vendors will be utilized to procure the necessary equipment and supplies for the additional three squads.
A budget amendment is needed to effect the purchase of the 2023 Pierce Ford F550 from South Coast Fire Equipment and related rescue, medical and communication supplies and equipment for the three squads. It is recommended that appropriations be increased by $342,317 in Account No. 100-85-860-6082 (General Fund, Fire, Fire Suppression, Vehicle Purchase) and $150,000 in Account No. 100-85-860-6010.10 (General Fund, Fire, Suppression, Machinery and Equipment),
BACKGROUND/DISCUSSION:
The Montebello Fire Department was established on June 20, 1922, and commissioned as a volunteer fire department, serving a community with a population of approximately 3,000. The Department opened its first fire station in a rented facility located at 309 West Whittier Boulevard. As the Department and City continued to grow, during the 1970s, the Department added its first team of Paramedics, and trained with the Los Angeles County Fire Department. These individuals, with additional training and medical equipment, were able to provide advanced life-saving treatment in the field prior to transporting a patient to a local area hospital.
In the early 2000’s, fire leadership modified the delivery service, implementing a model known as “Medic Engines," which provides Advanced Life Support (ALS) Assessment abilities. These staffing/response model changes minimized the need to operate additional fire apparatus. This model eliminated the use of the Fire Rescue Squads, and the Department started hiring only Firefighter/Paramedics, moving away from its traditional Firefighter/EMT classification hiring model.
Today, the Department operates three (3) fire stations and has three (3) ALS Fire Engines and one (1) ALS/BLS Ladder Truck. The Fire Department is an all-risk agency providing structural and wildland fire suppression, advanced life support (paramedic) emergency medical care, vehicle and equipment extrication rescue, and hazardous materials response. The Department also provides non-emergency response, public education, and community outreach services to the homeless population.
In 2022, the Department responded to 9,432 calls for service. Emergency Medical Services (EMS) responses account for approximately 76% of all emergency calls. These calls include specialty care, such as trauma (stabbing, gunshot wounds, head injuries), ST-elevation myocardial infarction (STEMI), pediatric, stroke, and mental health, among other medical responses. In addition, the City is grappling with the (temporary) closure of its Emergency Room (ER) with the bankruptcy filing of Beverly Hospital, putting the community at risk as residents need to travel longer distances for emergency care. The situation with the Emergency Room and its availability directly impacts the City's EMS response abilities, as units must transport patients to hospitals outside city limits, putting
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
them out of service for longer periods of time, meaning fire apparatus and personnel are unavailable.
The Fire Department has been working to assess critical risks, medical needs, and required staffing over the next several years. This research includes conducting an internal organizational assessment focused on planning efforts, operational response, available resources, service delivery models, and service area boundaries. This research assists in gathering critical information to ensure the ability to provide effective and efficient emergency responses, maximize resources, reduce response time and maximize return to service abilities. These needs are identified in the Department’s Standards of Cover and Comprehensive Risk Assessment (SOC-CRA) Report which was completed in March 2023. The purpose of a Standards of Cover document is to provide a system that assists with:
assessing community risks, defining baseline and benchmark emergency response performance objectives, planning future fire station locations, determining apparatus and staffing patterns, evaluating workload and ideal unit utilization, measuring service delivery performance, and supporting strategic planning and policy development relative to resource procurement and allocation.
Despite the anticipated opening of the White Memorial Hospital Montebello Campus (i.e., former Beverly Hospital), the Department has had to re-evaluate the current EMS response model in order to meet the increased demand for fire services, and especially EMS related responses. The Fire Department identified the re-introduction of Fire Paramedic Rescue Squads as a vital staffing and response model necessary to address the public safety priorities of the community due to the increase in EMS-related calls while reducing "out of service time" for Fire Department engines and staff. The Rescue Squad model was formally presented to the City Council four times between June and September, 2023, in order to properly explain how it operates, why it is necessary, and how it would be implemented. The presentations showed current staffing vs. planned staffing under the Rescue Squad model, as well as discussed current vacancies and the difficulty that fire agencies across the United State are having with recruitment and retention.
Approving the addition of 18.0 Firefighter/Paramedics to the Department's Table of Organization at the September 13, 2023, City Council meeting was the first step in re- instituting the Fire Paramedic Rescue Squads staffing and response model. That staff report indicated subsequent action would be presented to the City Council relating to the purchase and outfitting of rescue squad vehicles. It is necessary to acquire rescue squads to fully implement this response model. Due to the long lead time required in purchasing and outfitting specialty fire response apparatus, staff are seeking a borrowing plan with the Counties of Los Angeles and San Bernardino Fire Departments to borrow two (2) paramedic rescue squads, and to purchase one rescue squad that is currently available from South Coast Fire Equipment. Staff will work to procure the additional needed vehicles through a financing model. Additional, subsequent action will be presented to the City Council approving the financing of the additional squads and approval of any squads.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
SUMMARY:
The recommended actions would authorize an agreement with South Coast Fire Equipment, Inc. to purchase one (1) Pierce 2023 Ford F550 Rescue Squad Apparatus (Attachment A), in a not-to-exceed amount of $342,317 (which includes a 15% contingency for unanticipated price increases), authorize discussions to enter into an agreement with the County of San Bernardino and/or County of Los Angeles to borrow two (2) Paramedic Rescue Squads for a limited time period to allow for the acquisition of additional rescue squads, authorize purchase of the necessary emergency medical supplies, communications and related equipment to outfit the Paramedic Rescue Squads from existing vendors with which the City has current long-term agreements with and amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $492,317, in the following accounts and amounts: $342,317, 100-85-860-6082 (General Fund, Fire, Suppression, Vehicle Purchase) and $150,000, 100-85-860-6010.10 (General Fund, Fire, Suppression, Machinery and Equipment).
ATTACHMENT(S)
1. Attachment A - South Coast Proposal for Furnishing Fire Apparatus Report
2. Attachment B - ALS Unit Inventory No. 703
NEXT STEPS:
N/A
ATTACHMENT A
DEPARTMENT OF HEALTH SERVICES
COUNTY OF LOS ANGELES
SUBJECT: ALS UNIT INVENTORY REFERENCE NO. 703
EFFECTIVE: 01-01-78 PAGE 1 OF 4
REVISED: 10-01-22
SUPERSEDES: 07-01-22
APPROVED: _______________________ ______________________________ Director, EMS Agency Medical Director, EMS Agency
PURPOSE: To provide a standardized minimum inventory on all Advanced Life Support (ALS) Units.
PRINCIPLE: Any equipment or supplies carried for use in providing emergency medical care must be maintained in good working order.
POLICY:
I. Providers may only carry one narcotic analgesic on the ALS units. Provider Agency Medical Directors may request approval from the Emergency Medical Services (EMS) Agency’s Medical Director to carry Fentanyl.
II. ALS Units shall carry the following equipment. Reasonable variations may occur; however, any exceptions must have prior approval of the EMS Agency. Transport vehicles shall also be equipped and supplied according to the Department of the California Highway Patrol, California Administrative Code, Title 13.
III. All sharps must comply with CCR, Title 8, Section 5193, Bloodborne Pathogens.
MEDICATIONS
Adenosine 24mgs Glucagon 1mg
Albuterol (pre-mixed w/ NS) 20mgs Ketorolac 15mg/mL
OR
Ketorolac 30mg/2mL
4 Amiodarone 900mgs 2
Aspirin (chewable 81mg) 648mgs Lidocaine 2% 4 200mgs
Atropine sulfate (1mg/10mL) 3mgs Midazolam 5 20mgs
Calcium chloride 1gm Morphine sulfate 6 20mgs
Dextrose 10% / Water 250mL 3 bags Naloxone 4mgs
Dextrose - glucose paste/gel 45gms Normal saline (for injection) 2 vials Diphenhydramine 100mgs Nitroglycerin (SL) spray, tablets, or single dose powder packets
1 pump/
bottle/ or
36 packets
Disaster Cache 1 1 Olanzapine 10mg ODT 40mgs
Epinephrine (1mg/mL) 5mgs Ondansetron 4mg ODT 16mgs
Epinephrine (0.1mg/mL) 7mgs Ondansetron 4mg IV 16mgs
Fentanyl 2, 3 500mcgs Sodium bicarbonate 50mLs
INTRAVENOUS FLUIDS
Normal saline 1000 mL 6 bags Normal saline 250 or 500 mL 2 bags
ATTACHMENT B
SUBJECT: ALS UNIT INVENTORY REFERENCE NO. 703
PAGE 2 OF 4
SUPPLIES
Adhesive dressing (Band-Aids®) 1 box Color Code Drug Doses, Ref. No. 1309 1 Airways – Nasopharyngeal: Commercial Catheter-Over-Needle Chest Decompression Needles 3.0-3.5” 14G 2
Large (34-36) 1 Contaminated needle container 1
Medium (26-28) 1
Continuous Positive Airway Pressure (CPAP) device: 3
Small (20-22) 1
Airways – Oropharyngeal: Small 1
Large 1 Medium 1
Medium 1 Large 1
Small Adult/Child 1 Endotracheal tubes w/ stylets Sizes 6.0-8.0 2 each Infant 1 Tube introducer 2
Neonate 1 End Tidal CO2 Detector or Aspirator (Adult) 1 Alcohol prep pads 1 box Extrication device or short board 1 Backboards 2 Filter, viral HEPA 11 2
Bag-Mask-Ventilation (BMV) device w/ O2 inlet & reservoir: Flashlight or penlight 1 Bag Volume 650-1000 mL7 1 Gauze bandages 6
Bag Volume 400-700 mL7 1 Gauze sponges 4x4 (sterile) 12 Bag Volume 200-450 mL7 1 Gloves, sterile 2 pair
Bag-Mask-Ventilation (BMV) Masks: Gloves, unsterile 1 box Large 1 Glucometer w/ strips 1
Medium 1 Lancets (automatic retractable) 5
Small Adult/Child 1 Hand-held nebulizer pack 2
Toddler 1 Hemostats, padded 1
Infant 1
Intraosseous device: 3
Neonate 1
Burn pack or burn sheet 1 Adult 1
Cervical collars (rigid): Pediatric 1
Adult (adjustable) 4 Intravenous catheters: Sizes 16G - 22G 5 each Pediatric 2 Intravenous tubing - Macrodrip 12
Cardiac Monitor-Defibrillator w/ oscilloscope 1 i-gel (Disposable Supraglottic Airway):
Defibrillator pads or paste (including pediatric) 2 each Neonate (size 1) 1 ECG electrodes: Infant (size 1.5) 1
Adult 6 Small pediatric (size 2) 1
Pediatric 6 Large pediatric (size 2.5) 1
Pulse oximeter 1 Small adult (size 3) 1
Transcutaneous pacing 1 Medium Adult (size 4) 1
Waveform capnography 1 Large adult+ (size 5) 1
ECG, 12-lead & transmission capable 1 Laryngoscope blades:
Adult: curved & straight 1 each Pediatric: Miller #1 & #2 1 each
SUBJECT: ALS UNIT INVENTORY REFERENCE NO. 703
PAGE 3 OF 4
SUPPLIES (continued)
Laryngoscope handle: Saline locks 4
Adult (compatible w/ pediatric blades) 1 Scissors 1
Magill forceps: Sphygmomanometer:
Adult 1 Thigh 1
Pediatric 1 Adult 1
Mucosal Atomization Device (MAD) 3 Pediatric 1
Needle, filtered-5micron 8 2 Infant 1
Normal saline for irrigation 1 bottle Splints:
OB pack & bulb syringe 9 1 Long 2
Oxygen cannulas: Short 2
Adult 3 Splints – traction:
Pediatric 3 Adult 1
Oxygen masks – (non-rebreather): Pediatric 1
Adult 4 Stethoscope 1
Pediatric 2 Suction unit (portable) w/adapter 1
Infant 2 Suction catheters:
Oxygen masks – (simple): Size 8Fr. 1
Adult 2 Size 10Fr. 2
Pediatric 2 Size 12Fr. 4
Infant 2 Tonsillar tip 1
Standardized Pediatric Length-Based
Resuscitation Tape, approved by the EMS
Agency (e.g., Broselow 2011A or newer)
1 Syringes sizes: 1mL – 60mL w/ luer adapter assorted
Personal Protective Equipment: Tape (various types, must include cloth) 1 Mask 1 per provider Thermometer (Oral or axillary) 1
Gown 1 per provider Tourniquets (IV) 2
Eye protection 1 per provider Tourniquets (commercial for bleeding control) 2 Radio transmitter receiver (Hand-Held) 10 1 Vaseline gauze 2
APPROVED OPTIONAL EQUIPMENT
Hemostatic dressings–EMS Authority approved dressings only Pediatric laryngoscope handle FDA-Approved Intravenous tubing, blood Resuscitator w/ positive pressure demand valve (flow rate not to exceed 40L/min)
Mechanical CPR device 3 Albuterol / Metered Dose Inhaler (MDI) 12 Metered-Dose-Inhaler (MDI) Spacer 12 Metered-Dose-Inhaler (MDI) Mask 12
1 Disaster Cache minimum contents include: (9) DuoDote kits or equivalent; And when available: (6) AtroPen Auto Injector 1.0mg
(6) AtroPen Auto Injector 0.5mg – Pediatric Use
2 Fentanyl carried on ALS Unit is not to exceed 1500mcgs. 3 Requires EMS Agency approval, which includes an approved training program & QI method prior to implementation. 4 Utilized w/ infusions through IO access.
5 Midazolam carried on ALS Unit is not to exceed 40mgs. 6 Morphine sulfate carried on ALS Unit is not to exceed 60mgs. 7 Device volume, not delivered volume.
8 Optional, if not utilizing glass ampules.
SUBJECT: ALS UNIT INVENTORY REFERENCE NO. 703
PAGE 4 OF 4
9 OB kits w/ clamps / scissors (no scalpels).
10 Los Angeles County Department of Communications, Spec. No. 2029/2031/2033. 11 As supply allows.
12 All required if using Albuterol / Metered Dose Inhaler.
This policy is intended as an ALS Unit inventory only. Supply and resupply shall be in accordance with Ref. No. 701, Supply and Resupply of Designated EMS Provider Units/Vehicles.
CROSS REFERENCES:
Prehospital Care Manual:
Ref. No. 701, Supply and Resupply of Designated EMS Provider Units/Vehicles Ref. No. 702, Controlled Drugs Carried on ALS Units
Ref. No. 710, Basic Life Support Ambulance Equipment
Ref. No. 712, Nurse Staffed Specialty Care Transport (CCT) Unit Inventory Ref. No. 1104 Disaster Pharmaceutical Caches Carried by First Responders
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE ESTABLISHING SOLE-SOURCE BLANKET PURCHASE ORDERS WITH: AFTERMARKET PARTS COMPANY, AMERICAN
MOVING PARTS, CUMMINS PACIFIC, AND INLAND KENWORTH TO
PURCHASE MAINTENANCE-RELATED BUS PARTS, FIRE
APPARATUS PARTS, AND VEHICLE FLEET PARTS
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve establishing a sole-source blanket purchase order (PO) with The Aftermarket Parts Company, LLC (Aftermarket Parts), for the total not-to-exceed amount of One Hundred Seventy Thousand Dollars ($170,000) to purchase Original Equipment Manufacturer (OEM) proprietary bus parts which can only be acquired through this vendor for the Fiscal Year 2023-24; and
2. Approve establishing a sole-source blanket PO with American Moving Parts, LLC (American Moving Parts), for the total not-to-exceed amount of One Hundred Twenty Thousand Dollars ($120,000), to provide drum brake and related parts for Montebello Bus Lines (MBL) and vehicle fleet parts for the Montebello Fire Department (MFD) for the FY 2023-24; and
3. Approve establishing a sole-source blanket PO with Cummins Pacific, LLC (Cummins Pacific), for the total not-to-exceed amount of Ninety Thousand Dollars ($90,000), to purchase OEM vehicle parts for MBL buses and vehicle fleet parts for the MFD for the FY 2023-24; and
4. Approve establishing a sole-source blanket PO with Inland Kenworth Inc. (Inland Kenworth), for the total not-to-exceed amount of Seventy Thousand Dollars ($70,000), to provide powertrain services and OEM parts for FY 2023-24; and
5. Take such additional, related action that may be desirable.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
FISCAL IMPACT:
Funds for the blanket PO with Aftermarket Parts were approved in the Fiscal Year 2023- 24 budget through the MBL operating expense account 600-90-915-6080.50 (Transit Fund, Corporate Shops, Bus Parts) for One Hundred Seventy Thousand Dollars ($170,000).
Funds for the blanket PO with American Moving Parts were approved in the FY 2023-24 operating budget in two Departments: Fire Department Account 100-85-860-6080.30 (General Fund, Suppression, Vehicle Repair and Services) for $100,000 and MBL Account 600-90-915-6080.50 (Transit Funds, Corporate Shop, Bus Parts) for $20,000 — for a grand total of One Hundred Twenty Thousand Dollars ($120,000).
Funds for the blanket PO with Cummins Pacific were approved in the FY 2023-24 operating budget in two Departments: MFD Account 100-85-860-6080.30 (General Fund, Suppression, Vehicle Repair and Services) for $40,000 and MBL Account 600-90-915- 6080.50 (Transit Fund, Corporate Shop, Bus Parts) for $50,000 — for a grand total of Ninety Thousand Dollars ($90,000).
Funds for the blanket PO with Inland Kenworth were approved in the FY 2023-24 budget through the MBL operating expense account 600-90-915-6080.50 (Transit Fund, Corporate Shop, Bus Parts) for Seventy Thousand Dollars ($70,000).
The funds noted in the table above are included in the FY 2023-24 adopted budget. Therefore, no budget amendments are needed as part of the recommended actions.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
BACKGROUND/DISCUSSION:
The City of Montebello oversees the operations of MBL, which encompasses a fleet of sixty-seven (67) buses ranging from 35-45 feet in length. This fleet composition includes three electric, twenty hybrid, and forty-four Compressed Natural Gas (CNG) buses.
Additionally, there is a single 25-foot shuttle bus within the fleet. These buses are integral to the city’s transportation infrastructure and demand regular maintenance to ensure their continued operational efficiency.
The diverse nature of MBL’s fleet necessitates the use of specific OEM parts and complex machine work. Procuring these parts requires establishing blanket POs with various vendors possessing the necessary expertise. These vendors either manufacture OEM parts, hold official authorization as OEM part providers, or serve as exclusive regional sources for the specialized machine work essential for the fleet.
Furthermore, the MFD relies on OEM parts furnished by American Moving Parts and Cummins Pacific for both fire apparatuses and general fleet maintenance. This underscores the significance of the selected vendors in sustaining the operations of the City's transportation and emergency service capabilities.
Vendor Insights:
Aftermarket Parts: Is the exclusive proprietary parts provider for New Flyer buses, a brand solely utilized by MBL. Its offerings span a comprehensive range of OEM components, encompassing headlights, fan control modules, body panels, glass windows, driver compartment parts, airbags, clutches, stabilizers, thrust washers, and other proprietary parts for New Flyer buses. The previous fiscal year witnessed reduced expenditures due to Aftermarket Parts’ limited CNG part inventory and MBL’s bus retirement schedule. Staff projections indicate an increase in FY 2023-24 bus part needs resulting in the proposed allocation of $170,000.
American Moving Parts: A vital partner, American Moving Parts supplies MBL and MFD with critical services such as drum brake machining, brake kits, air dryer cartridge kits, cables, filters, transmission drums, wheel lining, and sensor replacements. This vendor is the only drum brake machining provider in the area. This vendor exclusively offers drum brake machining within the region, which is of particular significance to MBL’s aging buses and MFD’s American LaFrance apparatuses. The reach of their services extends to other regional transit entities, Torrance Transit and GTrans (Gardena). Furthermore, American Moving Parts is an authorized vendor of OEM parts for prominent industry names including Cummins, Detroit Diesel Corporation, and Kovatch Mobile Equipment Corporation fire apparatus parts. MFD projections for apparatus needs for OEM parts and custom machining needs on LaFrance fire engines has increased the vendors requested allocation amount to $120,000.
Cummins Pacific: Manufactures the engines and supporting components in MBL buses and MFD apparatuses. Their provision of proprietary equipment ranges from modules and spark plug kits to fan supports, ignition coils, engine rods, electronic control modules,
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
and engine wiring harnesses. Cummins Pacific specializes in proprietary module services. This vendor is the only supplier of programmed OEM modules without which engine components would not be functionable in MBL buses or MFD apparatuses. Staff projections indicate a higher allocation need from this vendor due to the retirement of hybrid buses and an increase in CNG bus usage. Cummins supplies modules as well as general parts used by CNG buses in MBL’s fleet and MFD apparatuses resulting in the requested $90,000 allocation for FY2023-24.
Inland Kenworth: A distinctive presence in the vendor landscape, Inland Kenworth assumes a multifaceted role as a truck manufacturer, parts dealer, and service center within the city of Montebello. Authorized as a powertrain services provider for Cummins Pacific engines, Inland Kenworth offers cost-effective solutions for non-programmable parts. This vendor also acts as a parts backup to Cummins Pacific and provides MBL with OEM repair kits, sensors, valves, cylinder heads, engine in-frame kits, and coil extensions. Staff projections indicate the need for the requested $70,000 allocation this fiscal year due to a shift in fleet needs similar to Cummins Pacific.
The total requested for each blanket PO for FY 2023-24 to purchase maintenance-related bus parts for MBL and vehicle parts for MFD with the previous fiscal year budgets and expenditures for each vendor are listed below:
Conformance with Bidding Procedures Chapter 3.20.050 of the Montebello Municipal Code (MMC) details exceptions to bidding and procurement procedures. The recommended action would approve sole-source agreements with the various vendors identified above to supply essential vehicle parts to MBL and MFD. Staff has identified that these vendors are genuine OEMs that are compatible with MBL and MFD vehicles.
In addition, the suppliers are direct or sub-contracted vendors of a particular vehicle manufacturer. Approving a sole-source purchase of these parts provides staff with the required resources needed to properly service the various vehicles in the MBL and MFD fleet. Therefore, staff recommends a sole-source exception, as allowed per MMC
3.20.050(B), which allows for the procurement of parts and equipment from reliable and cost-efficient vendors that allows the MBL and MFD to continue operations
ENVIRONMENTAL:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
ANALYSIS:
N/A
SUMMARY:
Staff recommends that City Council approve establishing blanket POs with the following vendors and in the following amounts: Aftermarket Parts for the total not-to-exceed amount of One Hundred Seventy Thousand Dollars ($170,000); with American Moving Parts for the total not-to-exceed amount of One Hundred Twenty Thousand Dollars ($120,000); with Cummins Pacific for the total not-to-exceed amount of Ninety Thousand Dollars ($90,000); with Inland Kenworth for the total not-to-exceed amount of Seventy Thousand Dollars ($70,000); and direct staff to take such additional related, action that may be desirable. Funding for these materials has been included in the Fiscal Year 2023- 24 adopted budget. Therefore, no budget amendments are needed with the recommended actions.
ATTACHMENT(S)
None
NEXT STEPS:
N/A
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 2669 WITH CLEAN ENERGY FUELS CORP. TO PROVIDE MAINTENANCE AND
SUPPORT SERVICES FOR MONTEBELLO BUS LINES’
COMPRESSED NATURAL GAS STATION
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Amendment No. 2 to Agreement No. 2669 with Clean Energy Fuels Corp. (Clean Energy), to provide maintenance and support services for Montebello Bus Lines’ compressed natural gas (CNG) station for an additional one-year (1) term with additional compensation of an amount not-to-exceed One Hundred Forty Thousand Dollars ($140,000); and
2. Authorize the Acting City Manager and/or her designee to execute Amendment No. 2 on behalf of the City of Montebello (City); and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total annual cost for maintenance and support services for the City's Compressed Natural Gas (CNG) station located at Montebello Bus Line's corporate yard is for a total not-to-exceed amount of One Hundred Forty Thousand Dollars ($140,000). Funding for this agreement will be allocated from the Transportation Department’s Fiscal Year 2023- 24 adopted operating budget: Transit Operations expense Account No. 600-90-915- 6040.95 (Transit Fund, Corporate Shops, Contract Services, Other Professional Services). Therefore, a budget amendment is not needed.
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
BACKGROUND/DISCUSSION:
On September 8, 2010, the City entered into Agreement No. 2669 (see Attachment A) with Clean Energy (together with Clean Energy Construction, a California Corporation and wholly-owned subsidiary of Clean Energy) to design, build, install, operate, and maintain Montebello Bus Lines’ (MBL) CNG station. The station provides approximately 400,000 gallons of CNG fuel each year, and it is an essential resource to MBL’s operation.
Over the past 11 years, Clean Energy has provided the City with maintenance and support services to ensure MBL operations have the fueling capacity needed to make daily rollout. Clean Energy’s team of local, trained technicians provides regular on-site visits to conduct equipment inspection and preventative maintenance. Clean Energy has consistently provided staff with data analytics, monthly and quarterly reports, fuel volume usage, and has provided 24/7 remote monitoring, to avoid disruption of service and improve fuel consumption and cost efficiency.
In accordance with Agreement No. 2669, the CNG station was placed into operation on September 1, 2012 (see Attachment B), and the ten-year maintenance and support services term was set to expire on August 31, 2022. Agreement No. 2669 was amended to extend services from September 1, 2022, to August 31, 2023 (see Attachment C) with the option to subsequently renew the agreement up to two (2) additional one-year (1) terms. Clean Energy has provided the City with exceptional service performance. As such, the Transportation Department is recommending the City Council approve the proposed Amendment No. 2 to Agreement No. 2669 (see Attachment D). The proposed Amendment No. 2 will extend services from Clean Energy from September 1, 2023, through August 31, 2024.
Since the original scope of work included a design, build and installation, the proposed Amendment No. 2 includes a Revised Scope of Work outlining the operation and maintenance services required under the new term.
Conformance with Montebello Municipal Code
Chapters 3.20.050 and 3.21.025 (“Conformance with Bidding Procedures”) describe exceptions to the purchase of supplies, equipment, or professional services. The amended agreement with Clean Energy to supply maintenance services is considered a sole source/single source procurement pursuant and authorized by MMC
3.20.050(B). While there are other maintenance service providers, Clean Energy is considered a sole source provider because the vendor designed and developed MBL’s CNG station and uses an early warning proprietary system to perform preventative maintenance before any technical issues affect operations. It should also be noted that Clean Energy is the most suitable vendor based on their expertise and years of experience in this field, and in particular their familiarity and experience with the equipment and MBL’s operations. Furthermore, Clean Energy’s experience with MBL’s operation and CNG equipment requires an exception to the five-year maximum term of agreements (MMC 3.20.050(K)).
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
Due to the City's contractual relationship with Clean Energy since September 2012, the vendor has an in-depth record of MBL’s CNG fuel station design, structure layout, and past maintenance services. Over the course of the past 11 years, Clean Energy has consistently exhibited reliable maintenance services when needed. This dependability has played a pivotal role in ensuring the continued operation of the bus fleet, underpinning the City's commitment to timely and dependable service delivery.
Clean Energy's proprietary automatic maintenance notification system, anticipates and mitigates potential issues or faults before they can impact operations. With over 11 years of exceptional service, Clean Energy has gained extensive familiarity with the City's Transportation facility, timetables, and technical nuances, adding a layer of operational stability that is invaluable. Additionally, their role as a primary provider of similar services to multiple other local cities and agencies underscores their industry expertise and reliability, further strengthening their standing as a key partner that is most advantageous to the City.
Thus, staff recommends City Council approve this amendment, utilizing the sole/single source goods and/or services exception authorized under MMC 3.20.050(B) and for such reason, approving an agreement with a term exceeding five years (MMC 3.20.050(K)).
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council approve Amendment No. 2 to Agreement No. 2669 with Clean Energy to continue providing maintenance and support services for Montebello Bus Lines’ compressed natural gas station for an additional one-year (1) term and authorize the Acting City Manager and/or her designee, to execute Amendment No. 2 on behalf of the City.
ATTACHMENT(S)
1. Attachment A – Agreement No. 2669 with Clean Energy Fuels Corp.
2. Attachment B – Clean Energy Fuels Commencement Letter
3. Attachment C – Amendment No. 1 to Agreement No. 2669
4. Attachment D - Proposed Amendment No. 2 to Agreement No. 2669 and Revised Scope of Work
NEXT STEPS:
N/A
ATTACHMENT A
PART II -GENERAL TERMS AND CONDITIONS
NOTE THAT THIS PART CONTAINS PROPOSED GENERAL CONDITIONS THAT WILL BE INCLUDED IN THE AGREEMENT BETWEEN THE CONTRACTOR AND MBL. MBL
RESERVES THE RIGHT TO MODIFY THE CONDITIONS STATED HEREIN, AND TO ADD OR DELETE CONDITIONS PRIOR TO CONTRACT EXECUTION.
13. Scope of Services and Term
13.1. General Scope of Services
Contractor shall design, build, install, operate and maintain a Compressed Natural Gas ("CNG") Station (hereinafter the "Station") at City of Montebello Transportation Facility located at 400 South Taylor Ave, Montebello, CA 90640- 5057 (hereinafter referred to either as the "Property" or the "Facility"). All Contractor furnished equipment shall be new and unused. Contractor shall successfully test the Station upon completion to confirm compliance with all specifications and contractual conditions set forth herein.
13.2. Term
13.2.1. Construction/Installation
Contractor agrees that it will initiate construction/installation of the Station no later than ____ , and complete construction/installation of the Station no later than ____ _
13.2.2. Operations/Maintenance
Contractor agrees that it will operate and maintain the Station under the terms of this Agreement for a period of five (5) years commencing on and ending on . MBL may renew this
Agreement relative to the Contractor's responsibilities to operate and maintain the Station under the same terms and conditions set forth herein for a consecutive five (5) year term. If MBL exercises its option to renew the Agreement, it will provide Contractor with a sixty (60) day written notice of its intent to renew. If MBL does not exercise its option to renew the Agreement, it will provide Contractor with at least thirty (30) days written notice.
14. Fees and Payments
14.1. Construction/Installation-Fixed Price
MBL agrees to pay the Contractor
construction/installation of the Station.
14.2. Monthly Fee- TO BE DETERMINED
16 for the
Request for Proposals I 0-06
CNG Fueling Station
August 25, 2023
Mr. Richard Bout
Management Analyst
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Re
: CNG Maintenance Contract 1 year Extension
D
ear Ricky,
Clean Energy is proud of the fact we have provided the City of Montebello’s CNG bus fleet with reliable fueling at your transit facility since we completed design, construction and commenced operations and maintenance services on September 1, 2012. We understand the importance of making rollout with your fleet every day.
P
lease find below pricing for a 1 yea r contract extension. The pricing offer is valid for 90 days. • A CPI increase of 2.7% will be applied to current prices. This is the 12-month change in the J
uly CPI-U index for Los Angeles-Long Beach-Anaheim, CA, which is the same index used hi
storically in our contract. Link: https://www.bls.gov/regions/west/news- release/consumerpriceindex_losangeles.htm
• Current prices [$3,072.12 per month + $0.21479 per DGE] * CPI adjustment = New prices effective 1-Sep-2023 $3,155.07 per month + $0.22059 per DGE. • The contract can be extended further with another CPI adjustment on 1-Sep-2024.
The es
timated, not-to-exceed value of this 1 year contract extension is $140,000. This is just an estimate based on the monthly fee, per gallon fee and annual fuel usage. Clean Energy will bill based on actual volumes of fuel used, per the contract.
During t
he month of September 2023, prior to signing the new 1 year contract extension amendment, Clean Energy will perform work and activities at the City of Montebello fuel station, as outlined below, under the Terms and Conditions for Sale of Services and/or Products as outlined on our website: https://www.cleanenergyfuels.com/clean-energy-t erms-conditions-sale- services-andor-products. Please issue a purchase order for this month. The expected not-to- exceed value for this one month is estimated to be $12,000.
This
pricing is for the following Operation & Maintenance (O&M) scope of service. Please note this is the same scope as our current contract and is re-stated here for convenience.
Cle
an Energy will continue to maintain the following CNG fueling station equipment that is already installed at your site:
• 2x Ariel CNG compressors
• 2x CNG compressor booster pumps
ATTACHMENT B
• Set of 3x high pressure CNG storage bottles
• 1x gas dryer
• 2x CNG fast fill dispensers
• CNG system pressure relief valves (PRVs)
Clean Energy’s specific scope of maintenance service on this equipment:
• All routine inspections (see checklist below)
• Preventative maintenance (see checklist below)
• Emergency maintenance
• 24/7 call-outs service response
• Consumables, repair parts, rebuild parts
• Safe fueling training for Montebello Bus Lines staff
• Remote monitoring of station
Clean Energy may, in its reasonable judgment, adjust the maintenance services it provides, or the intervals at which it provides such services if such changes are in accordance with the applicable equipment manufacturer's requirements.
Sincerely,
Alphonse Anderson
Alphonse Anderson
Account Manager, Western Transit
[email protected]
Cell: 949-266-1475
ATTACHMENT C
ATTACHMENT D
CITY OF MONTEBELLO
AMENDMENT NO. 2
TO AGREEMENT NO. 2669
WITH CLEAN ENERGY
This Amendment No. 2 to Agreement No. 2669 ( "Amendment No. 2" ) is made and entered into as of the 27
th
day of September 2023 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California ( "City"), and Clean Energy, a corporation duly organized and existing under the law of the State of California, ("Contractor "). City and Contractor are sometimes hereinafter referred to collectively as the "Parties”.
RECITALS
WHEREAS, City and Contractor are Parties to that certain Agreement No. 2669 to provide contracted services, to design, construct, maintain and support the Montebello Bus Lines’ Compressed Natural Gas Station with an “Effective Date” of September 8, 2010 ("Agreement"), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and
WHEREAS, Article XVI ("Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and
WHEREAS, on or about August 10, 2022, the Parties executed Amendment No. 1, exercising an option to extend the Agreement from September 1, 2022, to August 31, 2023, and add two (2) additional, one-year optional renewal term; and WHEREAS, the Parties each being mutually satisfied with the other's performance thereof, hereby desire to amend the Agreement to extend services for one (1) additional year on the same conditions set forth in the Agreement and as otherwise provided herein; and
WHEREAS, the Parties also desire to amend the scope of work of the Agreement given that the design and construction component of the original project is no longer a required service (hereinafter, the “Revised Scope of Work”); and WHEREAS, due to the anticipated extension of the term of services and the Revised Scope of Work, an amendment to Compensation (as defined below) is also required.
NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:
AMENDMENT NO. 2 TO AGREEMENT NO. 2669
AMENDMENT
SECTION 1: RECITALS. The above- referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.
SECTION 2: EXTENSION OF TERM. Through this Amendment No. 2, the Parties hereto agree to extend the term of the Agreement from September 1, 2023, to August 31, 202 4; unless such time i s further extended in writing by a subsequent amendment and executed by both Parties.
SECTION 3 : AMENDMENT TO THE SCOPE OF WORK. Through this Amendment No. 2 , the Parties hereto agree to amend the scope of work to the Agreement. The Revised Scope of Work is attached hereto as Exhibit “A” (“Revised Scope of Work”) and incorporated herein by this reference.
SECTION 4: AMENDMENT TO COMPENSATION. Through this Amendment No. 2, the Parties hereto agree to strike and replace Article III (Compensation) of the Agreement for the purposes of incorporating costs associated with this Amendment No. 2 as with the following language:
“The agreed-upon compensation for the contract services contemplated in the Agreement and Revised Scope of Work memorialized in Amendment No. 2 shall equal $3155.07 per month plus $0.22059 per DGE for the period from September 1, 2023, to August 31, 2024, and shall not exceed the annual amount of One Hundred Forty Thousand Dollars ($140,000),). Such annual sum shall include all amounts payable to Contractor for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement. City shall pay Contractor upon thirty (30) days of receipt of invoice and full acceptance of product and services by the City. Said compensation of the Amendment No. 2 shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Agreement; and also include those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risk of any description connected with the work.”
SECTION 5: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 2 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference.
AMENDMENT NO. 2 TO AGREEMENT NO. 2669
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 2 to Agreement No. 2669 to provide contracted services, to design, construction, maintain and support the Montebello Bus Lines Compressed Natural Gas Station as of the day and year first above written.
(“CITY”)
CITY OF MONTEBELLO, a California
municipal corporation
By:
Arlene Salazar, Acting City Manager
(“CONTRACTOR”)
CLEAN ENERGY (together with
CLEAN ENERGCY
CONSTRUCTION), a California
corporation
By:
Robert M. Vreeland, CFO
ATTEST:
By:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
By:
Arnold M. Alvarez-Glasman,
City Attorney
ATTACHMENTS:
Exhibit “A” – Revised Scope of Work
August 25, 2023
Mr. Richard Bout
Management Analyst
Montebello Bus Lines
400 S. Taylor Ave.
Montebello, CA 90640
Re
: CNG Maintenance Contract 1 year Extension
D
ear Ricky,
Clean Energy is proud of the fact we have provided the City of Montebello’s CNG bus fleet with reliable fueling at your transit facility since we completed design, construction and commenced operations and maintenance services on September 1, 2012. We understand the importance of making rollout with your fleet every day.
P
lease find below pricing for a 1 yea r contract extension. The pricing offer is valid for 90 days. • A CPI increase of 2.7% will be applied to current prices. This is the 12-month change in the J
uly CPI-U index for Los Angeles-Long Beach-Anaheim, CA, which is the same index used hi
storically in our contract. Link: https://www.bls.gov/regions/west/news- release/consumerpriceindex_losangeles.htm
• Current prices [$3,072.12 per month + $0.21479 per DGE] * CPI adjustment = New prices effective 1-Sep-2023 $3,155.07 per month + $0.22059 per DGE. • The contract can be extended further with another CPI adjustment on 1-Sep-2024.
The es
timated, not-to-exceed value of this 1 year contract extension is $140,000. This is just an estimate based on the monthly fee, per gallon fee and annual fuel usage. Clean Energy will bill based on actual volumes of fuel used, per the contract.
During t
he month of September 2023, prior to signing the new 1 year contract extension amendment, Clean Energy will perform work and activities at the City of Montebello fuel station, as outlined below, under the Terms and Conditions for Sale of Services and/or Products as outlined on our website: https://www.cleanenergyfuels.com/clean-energy-t erms-conditions-sale- services-andor-products. Please issue a purchase order for this month. The expected not-to- exceed value for this one month is estimated to be $12,000.
This
pricing is for the following Operation & Maintenance (O&M) scope of service. Please note this is the same scope as our current contract and is re-stated here for convenience.
Cle
an Energy will continue to maintain the following CNG fueling station equipment that is already installed at your site:
• 2x Ariel CNG compressors
• 2x CNG compressor booster pumps
EXHIBIT A
• Set of 3x high pressure CNG storage bottles
• 1x gas dryer
• 2x CNG fast fill dispensers
• CNG system pressure relief valves (PRVs)
Clean Energy’s specific scope of maintenance service on this equipment:
• All routine inspections (see checklist below)
• Preventative maintenance (see checklist below)
• Emergency maintenance
• 24/7 call-outs service response
• Consumables, repair parts, rebuild parts
• Safe fueling training for Montebello Bus Lines staff
• Remote monitoring of station
Clean Energy may, in its reasonable judgment, adjust the maintenance services it provides, or the intervals at which it provides such services if such changes are in accordance with the applicable equipment manufacturer's requirements.
Sincerely,
Alphonse Anderson
Alphonse Anderson
Account Manager, Western Transit
[email protected]
Cell: 949-266-1475
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT, NO. 4131, TO A AND A FLEET PAINTING INC., FOR THE EXTERIOR BUS GRAPHICS
DECAL REPLACEMENT AND REPAINTING SERVICES REQUEST FOR
PROPOSAL NO. 23-11
DATE: September 27, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4131 to A and A Fleet Painting, Inc., for the Exterior Bus Graphics Decal Replacement and Repainting Services Request for Proposal No. 23-11; and
2. Authorize the Acting City Manager to take action necessary to execute and finalize a contract on behalf of the City of Montebello with A and A Fleet Painting, Inc.; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
On August 31, 2023 A and A Fleet Painting, Inc. (A and A, Inc.) submitted their best and final value contract pricing of Eight Hundred Ninety-Four Thousand, Nine Hundred Fifty Dollars ($894,950). The total project cost decreased after MBL staff provided the vendor with an independent cost analysis/estimate for similar work performed by other vendors.
In addition, Staff emphasized the vendor would use the City’s new approved decal design to complete the Exterior Bus Graphics Decal Replacement and Repainting Services (Project).
While the total project cost is estimated to be $894,950, (see Attachment A) it should be noted that MBL recommends reserving an additional $35,000 in contingency funds to be
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
added to the Project budget should supplemental bus parts, supplies, and fixtures be needed. The proposed Professional Services Agreement will include conditional language which will trigger the use of the contingency funds only if certain conditions are met.
The Project will be funded utilizing 2018-19 Senate Bill 1/State Transit Assistance (SB1/STA) grant and Fiscal Year 2023-24 Transit Operating Budget – Contract Services Outside Contracts funds. The entire cost of the Project will be split between the following funding sources. Staff has confirmed that sufficient balance exists in each account below, therefore not amendments to the FY 2023-24 budget are required:
BACKGROUND/DISCUSSION:
On June 15, 2023, the City of Montebello published RFP No. 23-11 (Attachment B). RFP No. 23-11 was developed to replace MBL’s previous bus logo design with the City's new "Elevate" branding. The RFP was designed to seek a vendor to update the branding on 50 Hybrid and CNG New Flyer buses, to include new paint and decals/logos to ensure consistency of fleet appearance with the new branding.
RFP No. 23-11 was published to invite proposals using PlanetBids.com, Transittalent.com, and The Wave publication. Prospective proposers were provided the opportunity to submit questions and concerns, and corresponding answers were published using the City’s advertising platform, PlanetBids.com.
All proposals were due Thursday, August 10 th, 2023; MBL received two (2) proposals from A and A, and Square Signs LLC dba Front Signs. The "Analysis" section below describes the review process.
ENVIRONMENTAL:
N/A
ANALYSIS:
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
On August 15, 2023, an Evaluation Committee comprised of four (4) raters (Transportation Department) evaluated the proposals. The Evaluation Committee was asked to rate the proposals using the criteria below, as it related to the scope of work:
The Evaluation Committee’s total score for each proposal was determined as follows:
A and A was selected over its competitors based on a review of the qualitative attributes (project management plan, equipment/facility, experience and qualifications, and technical approach) presented in their proposal (Attachment C). Although A and A’s proposal was not the lowest service cost, the vendor presented a robust project plan with clear definitive deadlines, roles and responsibilities, and expectations customized to MBL’s needs to minimize operational disruption throughout the rebranding period.
A and A demonstrated being the most suitable vendor based on their expertise and years of experience in transit bus painting and decal replacement service, and in particular their familiarity and experience with MBL’s operations. A and A proposed an eighteen (18) month project timeline to complete the removal and replacement of MBL’s bus graphics decal. The vendor emphasized confidence with this timeline due to the project management team having experience providing the same service for surrounding transit agencies, specifically OmniTrans and the Norwalk Transit System.
Among several other notable factors, the vendor presented a very clear and concise service proposal; highlighting over 30 years of experience in autobody repair, welding, metal mold fabrication, vinyl decal installation, custom paint services, a large service facility with 24/7 security surveillance, and references emphasizing efficiency in completing multiple work orders simultaneously for agencies with an operation structure similar to the City. In addition, A and A is a certified Disadvantaged Business Enterprise (DBE) that provided substantial proof of its ability to provide a turn-key solution that supersedes the other proposal submitted.
Acknowledging these facts, it is evident that A and A provided the most comprehensive
CITY COUNCIL AGENDA REPORT - MEETING OF SEPTEMBER 27, 2023
proposal and demonstrated the credibility required to perform the scope of service requested in RFP No. 23-11.
SUMMARY:
Staff recommends the City Council award Agreement No. 4131, attached hereto in substantial form (Attachment D), to A and A Fleet Painting, Inc. for the Exterior Bus Graphics Decal Replacement and Repainting Services, in response to Request for Proposal No. 23-11 in an amount not-to-exceed Eight Hundred Ninety Four Thousand, Nine Hundred Fifty Dollars ($894,950); authorize MBL to reserve and use an additional Thirty-Five Thousand Dollars ($35,000) in contingency funds to be added to the Project amount at a later time only if certain conditions are met; authorize the Acting City Manager to take action necessary to execute and finalize an agreement on behalf of the City and make any amendments thereto; and direct staff to take such additional, and related, action that may be desirable.
ATTACHMENT(S)
1. Attachment A – Price Sheet
2. Attachment B – Request for Proposal (RFP) No. 23-11
3. Attachment C – A and A Fleet Painting, Inc., Proposal
4. Attachment D - Draft Agreement
NEXT STEPS:
N/A
Best and Final Offer
Exterior Bus Graphics Decal Replacement and Repainting Services RFP No. 23-11 Presented to:
City of Montebello
Montebello Bus Lines
Presented by:
A and A Fleet Painting Inc.
13565 12th Street, Chino, CA 91710
http://www.aafleetpaintinginc.com
Purpose:
To present the best and final offer to better suit the needs of Montebello Bus Lines.
Date:
August 31, 2023
Abel Bautista
President
562-254-0721
[email protected]
ATTACHMENT A
Subject: Submission of Best and Final Offer for RFP No. 23-11: Bus Graphics Decal Replacement and Repainting Services
Abel Bautista
13565 12th Street
Chino, Ca 91710
[email protected]
August 31, 2023
City of Montebello
Montebello Bus Lines
1600 West Beverly Boulevard,
Montebello, California, 90640
Dear Evalutation Committee,
I am writing to you in regard to our proposal for the Bus Graphics Decal Replacement and Repainting Services, as per RFP No. 23-11. After carefully evaluating the needs of Montebello Bus Lines and considering our initial discussions, we would like to present our best and final offer for this project.
We have made a few modifications to better accommodate your specific needs and expectations. These changes have been updated in our attached proposal, which includes a revised step-by-step plan, updated Gantt chart, and our best and final cost estimate. The Gantt chart serves as the project outline and is based on an estimated start date of October 2.
Our team at A and A Fleet Painting Inc is committed to delivering the highest quality of work within the agreed-upon timeline. We have taken great care to ensure that this best and final offer is comprehensive, transparent, and, most importantly, in alignment with the needs of Montebello Bus Lines.
We sincerely hope that our final offer meets your approval. We are keen to get started on this project and are confident that we can deliver results that will exceed your expectations.
Thank you for considering A and A Fleet Painting Inc for this opportunity. We look forward to the possibility of furthering our discussion and ultimately collaborating with the City of Montebello on this important project.
Please feel free to contact me directly if you have any questions or require further clarification.
Sincerely,
Abel Bautista
President
A and A Fleet Painting Inc
Attachments:
1. Updated Step-by-Step Plan
2. Revised Gantt Chart
3. Best and Final Cost Estimate
Step-by-Step Process for Bus Graphics Decal Replacement and Repainting:
Step 1: Pickup, Initial Inspection, and Documentation We pick up the bus from Montebello and transport it to our facility. Upon arrival, we conduct a thorough visual inspection to document any existing damage or issues. Photos are taken, and we immediately communicate with Montebello to decide the appropriate course of action for any broken or damaged parts.
Step 2: Removal of Old Vinyl and Adhesive Residue The old vinyl wrap is removed, and any remaining adhesive is stripped off. While doing so, we mark the areas that require bodywork due to damage caused by old vinyl.
Step 3: Bodywork Preparation Any necessary bodywork, such as repairs or fabrication of metal and fiberglass, is performed at the marked areas. This includes sanding down rough spots to make sure the surface is smooth and even.
Step 4: Priming A layer of primer is applied to prepare the surface for the new paint, aiding in better paint adherence and durability.
Step 5: Painting The bus is moved to our painting booth, where multiple coats of paint are applied, with sufficient drying time in between each coat.
Step 6: Curing Period, the bus remains idle for a seven-day curing period after the final coat of paint.
This crucial step allows the paint to harden enough for vinyl wrap installation without impeding bus operations.
Step 7: Decal Application, once the paint is cured for 7 days in the sun or baking, we proceed with applying the new vinyl decals as per the design specifications.
Step 8: Quality Inspection and Final Touch-ups A final quality inspection is carried out to make sure all work meets our quality standards. Any required touch-ups are completed at this stage.
Step 9: Delivery After receiving the final quality approval, the bus is delivered back to Montebello, and we proceed to pick up the next bus due for servicing.
By adhering to this straightforward process, we aim to deliver high-quality results with minimal impact on Montebello's daily bus operations.
30 50
Project Dart Date: 10/2/23
Project Name:
RO # Acitivity Bus # Start End DaysStatus % Done
Bus # 1 10/2/23 10/25/23 18 Not Started
Bus # 2 10/2/23 10/25/23 18 Not Started
Bus # 3 10/25/23 11/24/23 23 Not Started
Bus # 4 10/25/23 11/24/23 23 Not Started
Bus # 5 10/30/23 11/29/23 23 Not Started
Bus # 6 11/24/23 12/24/23 21 Not Started
Bus # 7 11/24/23 12/24/23 21 Not Started
Bus # 8 11/29/23 12/29/23 23 Not Started
Bus # 9 12/24/23 1/23/24 22 Not Started
Bus # 10 12/24/23 1/23/24 22 Not Started
Bus # 11 12/29/23 1/28/24 21 Not Started
Bus # 12 1/23/24 2/22/24 23 Not Started
Bus # 13 1/23/24 2/22/24 23 Not Started
Bus # 14 1/28/24 2/27/24 22 Not Started
Bus # 15 2/22/24 3/23/24 22 Not Started
Bus # 16 2/22/24 3/23/24 22 Not Started
Bus # 17 2/27/24 3/28/24 23 Not Started
Bus # 18 3/23/24 4/22/24 21 Not Started
Bus # 19 3/23/24 4/22/24 21 Not Started
Bus # 20 3/28/24 4/27/24 22 Not Started
Bus # 21 4/22/24 5/22/24 23 Not Started
Bus # 22 4/22/24 5/22/24 23 Not Started
Bus # 23 4/27/24 5/27/24 21 Not Started
Bus # 24 5/22/24 6/21/24 23 Not Started
Bus # 25 5/22/24 6/21/24 23 Not Started
Bus # 26 5/27/24 6/26/24 23 Not Started
Bus # 27 6/21/24 7/21/24 21 Not Started
Bus # 28 6/21/24 7/21/24 21 Not Started
Bus # 29 6/26/24 7/26/24 23 Not Started
Exterior Bus Graphic Decal Replacement and
Replacement and Repainting Services
Week
Starting:
Project outline is based on an estimated start date
of October 2.
Bus # 30 7/21/24 8/20/24 22 Not Started
Bus # 31 7/21/24 8/20/24 22 Not Started
Bus # 32 7/26/24 8/25/24 21 Not Started
Bus # 33 8/20/24 9/19/24 23 Not Started
Bus # 34 8/20/24 9/19/24 23 Not Started
Bus # 35 8/25/24 9/24/24 22 Not Started
Bus # 36 9/19/24 10/19/24 22 Not Started
Bus # 37 9/19/24 10/19/24 22 Not Started
Bus # 38 9/24/24 10/24/24 23 Not Started
Bus # 39 10/19/24 11/18/24 21 Not Started
Bus # 40 10/19/24 11/18/24 21 Not Started
Bus # 41 10/24/24 11/23/24 22 Not Started
Bus # 42 11/18/24 12/18/24 23 Not Started
Bus # 43 11/18/24 12/18/24 23 Not Started
Bus # 44 11/23/24 12/23/24 21 Not Started
Bus # 45 12/18/24 1/17/25 23 Not Started
Bus # 46 12/18/24 1/17/25 23 Not Started
Bus # 47 12/23/24 1/22/25 23 Not Started
Bus # 48 1/17/25 2/16/25 21 Not Started
Bus # 49 1/17/25 2/16/25 21 Not Started
Bus # 50 1/22/25 2/21/25 23 Not Started
Unforseen Misc.
Bus Issues 1 1/27/25 3/18/25 37 Not Started
Unforseen Misc.
Bus Issues 2 2/1/25 3/23/25 35 Not Started
Unforseen Misc.
Bus Issues 3 2/6/25 3/28/25 37 Not Started
Statuses
Not Started
In Progress
Blocked
Complete
Jun
02-Oct
09-Oct
16-Oct
23-Oct
30-Oct
06-Nov
13-Nov
20-Nov
27-Nov
04-Dec
11-Dec
18-Dec
25-Dec
01-Jan
08-Jan
15-Jan
22-Jan
29-Jan
05-Feb
12-Feb
19-Feb
26-Feb
04-Mar
11-Mar
18-Mar
25-Mar
01-Apr
08-Apr
15-Apr
22-Apr
29-Apr
06-May
13-May
20-May
27-May
03-Jun
10-Jun
17-Jun
24-Jun
01-Jul
08-Jul
15-Jul
22-Jul
29-Jul
05-Aug
12-Aug
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RFP No. 23-11
EXHIBIT D
RFP No. 23-11
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES
COST PROPOSAL SHEET
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
Item # Description Per Bus
Price Total Price
1 Labor – Remove Existing Decals/Logos $ $ 2 Labor – Body/Dent Repair $ $
3 Labor – Painting $ $
4 Labor – Install New Decals/Logos $ $ 5 OEM Materials– 3M Manufacturered $ $
6 Paint Materials Rate $ $
GRAND TOTAL $
___________________________________
___________________________________
___________________________________
___________________________________
___________________________________
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
List other costs/fees: Description
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 23-11
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND
REPAINTING SERVICES
June 15, 2023
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
ATTACHMENT B
RFP No. 23-11
2 Montebello Bus Lines
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 3
COVER LETTER 4
TIMETABLE & SCHEDULE OF EVENTS 5
PROPOSAL SUBMISSION CHECKLIST 6
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS
9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
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
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-19
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-23
SECTION 5 - QUALIFICATIONS 24
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SECTION 6 - FORM OF CONTRACT (SAMPLE) 25-35
SECTION 7 - FORMS AND CERTIFICATIONS
Letter of Transmittal 36
EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft
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Introduction/ Background
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting competitive proposals from fully qualified and experienced c ontractors, licensed in the State of California, to remove and install new decals/logos, bus numbers, and C alifonia numbers, for 50 active Hybrid and CNG New Flyer low -floors buses included in this project.
The City operates MBL to provide reliable and efficient pu blic transportation services to the residents of Montebello and neighboring communities. As the third -largest municipal bus system in Los Angeles County, MBL proudly serves 4.5 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
The City’s intent of this Request for Proposal (RFP) is to obtain services to remove MBL’s previous logo design and prepare the buses to have new paint and decals/logos applied from roof to bottom/all exterior current painted body panels, to ensure consistency of fleet appearance. The City reserves the right to increase or decrease the quantity listed and to delete any item from the contract.
In addition, the City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received , and to be the sole judge of the merits of the respective proposals received.
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DATE: June 15th, 2023
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-11
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES The City of Montebello (City) , Montebello Bus Lines (MBL) , invite proposals from fully qualified and experienced contractors, licensed in the State of California, to remove and install new decals/logos, bus numbers, and CA numbers, for 50 active Hybrid and CNG New Flyer low -floors buses included in this project.
The term of the propose d agreement shall be for a one year term commencing upon the date of the contract execution between the City and the successful Contractor.
A Pre-Proposal Meeting will be held on Tuesday, July 11, 2023. The meeting will convene at 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.
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 Management 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 be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City ’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact 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, August 10, 2023, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. 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 Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer
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affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP, 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 merits of the respective proposal received.
The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on M BL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: Adrianna Kendricks
Title: 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 June 15th, 2023
Pre-Proposal Meeting Tuesday July 11th, 2023
Deadline to Submit Questions Thursday July 20th, 2023, at 3:00 PM PST Responses to Questions Provided Thursday July 27th, 2023 Deadline to Submit Proposals Thursday August 10th, 2023, at 3:00 PM PST Presentations & Intent to Award Week of August 21st, 2022
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PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.
Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 37
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby 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):
Email address of Company Contact:
Signature:
Title:
Date:
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SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal (accessed through the City of Montebello’s official website at https://cityofmontebello.hosted2.civiclive.com/cms/One.aspx?portalId=58756&pageId=84839) up to the hour of 3:00 p.m. on Thursday, August 10, 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 ma terial. 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 Proposers references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.
All requests for exceptions or deviations as a result of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the 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 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. Any and all alt ernate 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 and every one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
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EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Proposer represents that: (1) Proposer has thoroughly examined a nd become familiar with the Scope of Work required under this RFP, (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 neces sary to perform the Scope of Work and/or meet the specifications outlined in this RFP, 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 agai nst the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the 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 this RFP 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 t he requirements set forth 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 this RFP, the Proposer shall notify the contact person identified in this RFP 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. Said adden dum shall be posted on the https://pbsystem.planetbids.com/portal/33072/portal-home web page.
All questions, clarifications or comments must be submit ted to or no later than 3:00 pm, Thursday, July 20th, 2022. No questions will be answered individually by the City or Transportation Departments.
Requests for clarification, questions and comments must be clearly posted on the PlanetBids 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 communicated via PlanetBids.
Every attempt will be made to provide responses 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
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DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Companies must satisfy themselves by personal examination of any work site, drawings, Scopes of Work and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Proposing Company 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 fo und in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.
REFERENCES
All reference informa tion 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 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 presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may 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 team 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 partnership makes the proposal, it shall be signed with the partnership name, by a me mber 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. Certified letter is to be included in the proposal accompanied with 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.
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· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of 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; and/or
6. Waive any errors or informalities in any proposal, to the extent permitted by law.
STATE CREDENTIALS 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 any and 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 Vendors are hereby put on notice that each proposal received shall become the exclusive property of the City. Notwithstanding authorized exemptions and privileges, each Quote shall be subject to disclosure according to the California Public Records Act and/or the Federal Freedom of Information Act. The Cit y shall not in any way be liable or responsible for the disclosure if required to do by law.
JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, 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 form of joint venture or partnership between two (2) existing Proposers may be considered col lusive and may be rejected as non-responsive.
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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 ti mes. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of contract. All sub-Contractors of successful Proposer shall abide by all the requirements set forth 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 cost and price analysis and evaluation and/or audit of the cost may be performed in order 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 estimated 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 insures that the protest was received in a timely manner. 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. Protests related to matters other than the content of the RFP shall be received no later than 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 contact person identified in this solicitation. 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, includin g all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful Proposer.
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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 time period specified in the Request for Proposal. In case the services under the terms of these provisions and related p rofessional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.
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: 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 invoice.
Payment Schedule: Monthly
Provide (1) One invoice monthly.
CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a contract modification.
Contract Termination: MBL may terminate any resulting contract for convenience at any time by giving the Contractor written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL 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, MBL 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 contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The Contractor shall be liable for any and all costs incurred by MBL as a result of such default.
SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.
PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Contractor provide complete services
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of the type prescribed. Any items omitted fr om such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly 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.
AWARD OF CONTRACT
The contract resulting from this RFP (or the “Agreement”) 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 (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City C ouncil or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.
An Evaluation Committee comprised of MBL staff, in accordance with the Proposal Evaluation Criteria set forth in 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 submitt ed 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 Agreement 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 City may require. The award, if a ny, 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 Management Analyst will be the sole point of contact (“Point of Contact”) during th e RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualif ication. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:
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15 Montebello Bus Lines
City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Management Analyst
400 South Taylor Ave.
Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com
EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical appr oach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.
An evaluation committee will be appointed t o review all proposals. The committee will be comprised of MBL 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.
On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Technical proposals will be reviewed and scored first without consideration for price. The committee will then open the cost and price proposals and evaluate and score them accordingly. During the technical evaluation, the committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the technical and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal.
A list of top -ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.
If the committee determined it to be necessary, it may then conduct interviews a nd negotiations with short-listed Proposers. As no other interview dates are available. Proposers who are unable to attend their interview as scheduled may be eliminated from further participation. The interview may consist of a short presentation by the Proposer after which MBL may ask questions and/or request clarification related to any element of a proposal and its qualifications. MBL may also enter negotiations with the Proposer.
At the conclusion of interviews and negotiations, the evaluation committee may choose to proceed using one of the following processes:
The committee may find it necessary to re -score the proposals in light of information gained during the interviews and negotiations process. The proposals will be scored in the same manner as th e original proposals.
The committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for submission of the revised proposals. If a Proposer is unable to meet the deadline
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or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.
Proposers remaining within the competitive range may be asked to submit a Best and Final Offer (BAFO).
In the BAFO request, the Proposers may be asked to provide additional information, confirm or clarify issues and submit a final cost/price offer. A deadline for submission will be stipulated. The BAFO’s will be scored in the same manner as the original proposals.
After the BAFO’s are evaluated and scored, the evaluation committee may recommend a proposal with the highest final ranking or a short list of top ranked proposals within the competitive range whose offers(s) are the most advantageous to MBL.
MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria · 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 proposer can meet the insurance requirements in the RFP should be attached to proposal. (P/F)
· Proposer has demonstrated at least five (5) years of related services experience. (P/F) · Proposer has demonstrated previous experience working for or with public agencies, transit entities, or corporations on security project. (P/F)
If the Proposer does not meet any of the criteria mentioned above, their proposal may not be considered for evaluation:
EVALUATION CRITERIA
Award will be made to the Offeror 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 the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work.
10 points
2 Equipment/ Facility
Contractor must demonstrate that they possess all required equipment, personnel and the facility required to perform this contract. MBL reserves the right to inspect location of work to be performed, which must be in compliance with all current applicable laws to perform work identified in this project.
20 points
3 Qualifications and Experience
Demonstrate experience completing decals & design service projects of the same or similar magnitude. Presentation of a catalog of decal removal and installation experience and expertise most advantageous to the City.
15 points
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4 Technical Approach
Contractor will submit with their proposal a written plan of action, consisting of a schedule, listing the first bus/pilot bus and include the remaining 49 buses to be prepared, painted and logos/decals applied. Schedule shall include number of day’s per-vehicle and when it will be ready for inspection at contractor’s facility, prior to delivery to MBL property. Plan of action shall include contact persons and schedule adherence, as well as invoicing process.
30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
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
TOTAL 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).
SECTION 3 - OTHER REQUIREMENTS
LICENSING AND PERMITS
The Contractor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services.
LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.
Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $250 per violation.
BOND REQUIREMENTS
Bid Guarantee
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 s uch guaranty shall be equal to 5% of the bid price.
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In submitting this bid, it is understood and agreed by the 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 an agreement 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 insurance, 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 rec ompense 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). A copy of the bid bond can be submitted via the https://pbsystem.planetbids.com/portal/33072/portal-home Portal.
Performance Guarantee
A Performance Guarantee in the amount of 100% of the Agreement first year value is required by the City to ensure faithful performance of the Agreement. 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 Agreement 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 authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protec tion when the contract price is increased. The increase in protection shall generally equal 100 percent 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 Irrevocable Stand-By Letter of Credit will only be accepted by the City 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.
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5. It is in an amount equal to 100% of the Contract first year 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 Ci ty 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 attac hed 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.
SECTION 4 – SCOPE OF WORK
PROJECT DESCRIPTION
The Request for Proposal, No. 23 -11, seeks a Contractor to furnish all labor, tools, materials, and equipment needed to complete 50 transit buses that require decal removal and complete exterior preparation, primer, paint, and supply and install the approved design of the City’s logos/decals for this project. The Contractor must have a minimum of five (5) years of recent experience performing similar work/services. The work will be performed at the Contractor’s body shop unless otherwise agreed to in writing by the City. Compensation will be based on the price sheet proposed in the Contractor’s bid form (see Exhibit D).
TECHNICAL SPECIFICATIONS
EXTERIOR REPAINT & NEW DECALS/LOGOS PROJECT
The Contractor must meet specifications referenced in this RF P. It is the Contractor’s responsibility to ensure the proposed methodology to remove current logos and decals, and bus preparation for new primer and paint meets or exceeds the specifications for application of new City decals/logos and numbers. The Contractor may visit MBL to review buses and current MBL logos and decals to fully understand the scope of work and application of the City’s new logo/decal design.
SCOPE
The City’s bus repaint and installation of new decals/logos must be in compliance with commercial painting industry standard. The painting applied to vehicles must be dry and suitable to accept the new decals/logos printed on 3M product. MBL new logos/decals are all designed by 789, Inc., and will require skilled applicators to install on the transit buses. Buses are similar in design with minor curves at the front of each bus and vents in the rear. It shall be the Contractor’s responsibility to ensure that the decal installation match the current design as they have been applied at the front and rear of the City’s buses.
Contractor shall receive one-(1) bus as a pilot bus that will receive all aspects of the work identified in this Scope of Work. The pilot bus and remaining fleet will be inspected b y MBL Project Manager at the Contractor’s facility. Upon acceptance of the Pilot bus, MBL will reserve four buses, and one of the four will always be in the inspection and approval phase. While the third bus is being accepted, the Contractor will be given the fourth bus.
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Final acceptance of vehicle will happen upon Contractor delivering completed vehicle to MBL. MBL Project Manager must sign off that the vehicle conforms to all approved work and vehicle has arrived and ready for service.
EXTERIOR PREP AND PAINT
The project will consist of 50 Hybrid and CNG Low-floor buses:
The Contractor is responsible to prepare each bus to accept the primer and paint as required by the manufacture of the primer and paint product, and to ensure the City is protected under t he warranty of the paint manufacture. The application of the new primer and paint will require the removal of current decals and pressure washing/cleaning of bus exterior. Areas to be primed and painted consist of current painted sections that include roof/caps, sides, and front and back as well as sections below the windows of the vehicles identified. The paint color must match the current paint applied to the buses and must meet the following standards:
INITIAL INSPECTION OF VEHICLE
The vehicle must be inspected, and digital pictures taken of each vehicle included in this contract prior to any work being performed and saved to a digital file for review by MBL and Contractor. Digital pictures must be made available to MBL upon request regarding contract or workmanship and or damage prior to doing any work on the City bus.
ASSESMENT OF WORK
The removal of decals will reveal the condition of the paint below, and Contractor must determine if the paint can be buffed on the City’s buses and remove all appearance of old decals. MBL will consider painting from the windows down on the buses based on assessment after the decals have been removed. The application of the decals, once the body of the bus has been cleaned and washed must cover all fa ding paint from the windows up to the rain gutter, and there for from the rain gutter up, the bus may be able to be buffed and or may need a new application of paint. This will be determined during the assessment of the bus.
EXTERIOR DAMAGE
The exterior of the vehicle is to be inspected for damage; pictures taken to confirm damage was present at time of assessment. All major bodywork will be noted and submitted to the MBL designated project manager for approval as extra work. Damage is to be repaired using materials and workmanship conforming to the best practices known in the transit industry. Functionally damaged, cracked or corroded panels are to be replaced with new parts. Scratched, dented, faded panels or minor cracks of less than a nickel thickness, shall be considered normal wear, and included in the cost of the rehab. Major body work shall be considered broken or severely cracked panels. The completed results of repairs/paint work must give the vehicle exterior the appearance of a new vehicle.
FRONT AND REAR BUMPERS
Bumpers are to be removed from the vehicle, rubber modules are to be cleaned appropriately removing all oils or debris and painted black, using only approved rubber/primer paint to prevent chipping or peeling and reinstalled with new hardw are. The Contractor is to quote City of Montebello Bus Lines all rubber
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bumper modules that are found to be torn or otherwise defective and un-repairable. Contractor (s) must use MBL’s vendors for purchasing parts if price is lower than contractors provided estimate.
FENDERS AND SKIRT PANELS
Rubber fender flares are to be cleaned, painted and reinstalled. Excessively warped or broken flares are to be replaced. If fender flare replacement becomes necessary they are to be replaced as sets of four.
Hinges prop rod, and latches on battery compartment door and skirt panels are to be replaced as needed.
Parts and Supplies
Defective body panels, or other parts such as hinges, prop rods, bumpers, bicycle racks must be estimated and approved for replacement by MBL pr oject manager. MBL will provide for replacement excessively faded taillights, and or headlights.
Contractor will be given the opportunity to provide the parts, if the Contractor can provide a better price for like parts, and/or provide the part faster than MBL can obtain, if needed to complete the vehicle within the established time constraints.
EXTERIOR SIDES, FRONT, REAR AND ROOF
After the assessment is done and sections of the bus have been identified to be painted of the exterior.
The exterior shall be pressure washed, prepared and primed and painted to provide a new appearance to the vehicle and must include the following process:
a. Filler strips on rub rails are to be replaced.
b. Exterior mirrors shall be replaced, with the exact same B&R mirrors with turn signal built into mirror, and include new arm, spacer and plug at the spacer, in addition to a new heavy duty mirror switch.
c. Prep work to include but not limited to removing all exterior lights, fender flares, etc. d. All decals are to be removed and the body properly cleaned and or sanded and prepped before paint. Minor dings and scratches will be included in the base bid price. e. All major bodywork will be noted and submitted to the project manager for approval as extra work. All bodywork is to be done to current ISO9000 industry standards. Once the bus is properly prepared, the City’s bus must be painted in Northstar base coat clear coat system (see the following Paint Procedure and Specification).
f. The Contractor will be r esponsible for installing all decals including vehicle roof, side front and interior and CA numbers. Decals installed improperly, for example: misalignment, bubbles, excessive overlapping must be replaced at Contractor’s expense.
Note: At no time is the Contractor to paint around lights, glazing/rubber, window frames, latches etc.
Taping around any accessory, part window molding or decal is unacceptable. Contractor will be required to adhere to this, and if caught painting around any identified items must be repainted at the Contractor’s Expense.
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PAINT PROCEDURE AND SPECIFICATION
The following Paint Procedure must be followed:
a. Surface Preparation - All surfaces must be thoroughly power washed and degreased prior to primer and paint application and dry to meet 3M decal application. All bodywork and repairs must be cleaned, sanded, and allowed to fully cure. Use Northstar S10 Cleanwipe as a final wipe. b. Primer Preparation- All surfaces must be dried with compressed air. Compressed air must have a relative humidity of 30% or less. Bus shall be primed within 24 hours of surface preparation. c. Primer- Surface to be primed with Northstar Coatings, division of Lusid Technologies, Inc., EP210- series Epoxy Primer. The EP210 will be applied in two coats to a dry film thickness (DFT) of 2.0 –
2.5 mils.
d. Body White – Allow Northstar Epoxy Primer to cure for a minimum of 90 minutes at 77 degrees e. Northstar Epoxy Primer must be top coated before 48 hours. If Northstar Epoxy Primer is allowed to cure in excess of 48 hours, primed surface must be scuff sanded prior to topcoat or basecoat application. Apply Northstar 990 -WB9791 Z-1 Oxford Bright White Basecoat to body and roof surfaces. (See Bus layout)
f. Clear Coat- Apply Northstar MS210 Clear to areas painted Northsta r Z-1 Oxford Bright White in should be applied in two (2) coats to a DFT of 2.0-2.5 mils. Allow MS210 to cure for 24 hours at 77 degrees F prior to decal application.
g. Tape Removal- All tape must be removed carefully and quickly from fully Basecoated Bus. Inspect all areas for any dirt, dust or other contamination prior to application of Clear.
VOC Rules- All products and application requirements must be in compliant with SCAQMD Rules 1151, 1107, and 1171.
DECALS/LOGOS REQUIRED
The project will consist of 50 Hybrid and CNG Low-floor buses:
The Contractor must provide new approved materials and inks that will be used for the City’s decals/logos.
The new decals/logos must not be applied until the paint has cured. Paint must be thoroughly cleaned to accept new p roduct, and if there are any issues arising from the improperly applying or cutting or attempting to install decals inappropriately, Contractor must correct the issues and will be burdened with the additional cost of replacing the decal and paint damage as a result of replacing the damaged product.
The type of material used to produce the new Artwork/Decals is as follows:
• Production Specs:
Digital print on 3M 180C -10 White Vinyl with 3M 8518 Lamination and 3M Window Perf w/ 3M 8914 Lamination, Kiss Cut, Wee d, and 3M SCPM -44X Premask. 3M 180C Series Vinyl must be used for Roof, Interior, Exterior, & CA Numbers.
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Roof Numbers, Interior and Exterior Numbers and CA numbers • Roof numbers, interior and exterior and CA numbers will be required for all MBL’s 5 0 New Flyer low-floor buses. The Contractor must bid appropriately.
Product specifications for the material to be used for interior and exterior numbers including CA, must be 3M 180C Series Vinyl must be used for Roof, Interior, Exterior, & CA Numbers.
CLEANING OF BUS
Buses that are ready for final review and acceptance must be detailed and ready for delivery. The purpose is to ensure all dust, tape; overspray and debris do not hide potential concerns.
Detail must include interior: ceiling to floor, stations, se ating, side panels, wheelchair parked and deployed, vents windows (graffiti guard removed and put back). Exterior cleaning includes: engine compartment, removal of all dirt, debris and dust, cleaning of vents and polishing exterior of wheels front and rear, opening roof-caps and blowing out all debris and hosing off tanks. Most of the exterior cleaning should have already been completed prior to painting.
Buses delivered to MBL after acceptance that have not been detailed and or approved for delivery, MBL reserves the option of detailing any and or all buses and subtract associated labor and material from the final invoice of vehicles identified if the Contractor declines to rectify the issue within 24 hours of notification. Labor and material for each bus t hat failed inspection as stated above in the amount of $250.00 per-bus/incident, will be subtracted from the final invoice of each vehicle that failed to meet MBL’s standards.
PICKUP AND DELIVERY OF VEHICLES
• Contractor must provide a DOT certified driver(s) with insurance that will pick-up and return the vehicles to designated location(s).
• The City’s buses will be picked up and returned to 400 So. Taylor Ave. Montebello, CA 90640.
Between the hours of 8:00 – 5:30 pm. Mon -Fri. Contractor’s driver(s) must not leave until the vehicle is signed off by MBL Maintenance Supervisor. The driver is to bring with them a QA sheet that identifies all inspection points. There must be a QA sheet at time of pick -up of City bus and drop-off of vehicle.
• The Contractor must provide his/her driver transportation.
CODES AND STANDARDS
All work and materials used in this project must be in accordance with the requirements of all applicable local codes; ordinances, rules and regulations of all authorities who have jurisdiction to include AQMD, EPA and DOT.
WARRANTY AND SERVICE
The Contractor will provide warranty on workmanship from time of acceptance and clearly noted on cost sheet. Warranty on paint must cover fading, bliste ring, peeling in the areas that contractor performed work, and documented, for a period of five-(5) years.
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SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for both past and present projects. The Contractor will state the cl ient’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
• Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms 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. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm 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.
C. Firm 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.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and secur ity for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
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SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
EXTERIOR BUS GRAPHICS DECAL REPLACEMENT AND REPAINTING SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2023, by the CITY OF MONTEBELLO, a 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 re tain a qualified professional Contractor to provide reliable and effective Exterior Bus Graphics Decal Replacement and Repainting Services (“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 Proposal dated June 15, 2023 (RFP No. [23-11]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this referenc e (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:
SECTION 1. 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 as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized bil ling 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 per iod 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.
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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 payment 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.
SECTION 2. TERM.
This Agreement shall commence on ………………, 2023 , and shall be valid until………………,2024, unless terminated sooner as provided in Section 7 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 1 9 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 3. CONTRACT DOCUMENTS.
For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):
A. RFP No. 23-11;
B. Proposer’s [DATE] Proposal for Exterior Bus Graphics Decal Replacement and Repainting Services 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 material part hereof and shall be hereby incorporated by reference as though fully set forth herein.
SECTION 4. PERFORMANCE.
A. CONTRACTOR shall at all times, faithfull y, 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, Contrac tors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.
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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 pro vided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, time cards, 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 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 5. 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 work 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 are 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 operating 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 6. 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 7. CITY SUPERVISION.
The 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.