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• Applicants may not use award funds for matching funds for any other federal grants/cooperative agreements, lobbying, or intervention in federal regulatory or adjudicatory proceedings.
• Applicants may not use federal funds to sue the Federal Government or any other government entity.
f. Funding Priorities
Meeting the National Standards
FEMA prioritizes bringing non-compliant (NFPA 1710 or 1720) departments into compliance in the most cost-effective manner.
FEMA will ask applicants general questions about the NFPA standard they are attempting to meet as well as their current ability to meet that standard (without the use of overtime).
FEMA will also ask applicants to indicate what their ability will be to meet that same standard if awarded grant funds.
Having additional firefighters on staff should improve a local fire department’s ability to comply with the staffing, response, and operational standards that enhance community and firefighter safety.
Applications resulting in the largest percentage increases in compliance with the relevant section of NFPA 1710 (for career departments) or 1720 (for volunteer departments) receive higher pre-scores than applications resulting in smaller percentage increases in compliance.
Note: SAFER Program grants focus only on the Deployment, or Staffing and Deployment sections of these two standards, respectively.
• NFPA 1710 Assembly Requirements – Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Department (Section 5.2.4.1 – Single-Family Dwelling Initial Full Alarm Assignment Capability). This standard applies primarily to career fire departments and combination departments if the combination department chooses it.
• NFPA 1720 Assembly Requirements – Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Volunteer Fire Departments (Section 4.3 – Staffing and Deployment). This standard applies primarily to all-volunteer fire departments, but it may also apply to combination departments if the combination department does not choose to comply with the NFPA 1710 standard. g. Hiring Activity Overview
Grants awarded under the Hiring Activity enable volunteer, combination, and career fire departments to improve or restore staffing levels to attain a more effective level of response and a safer incident scene. FEMA awards Hiring Activity grants directly to volunteer,
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combination, and career fire departments to help fire departments increase their cadre of frontline firefighters by providing financial assistance in three categories:
i. Rehire: Rehiring firefighters who were laid off within the two years prior to the start of the application period;
ii. Retention: Retaining firefighters facing imminent layoff (within 120 days of the close of the application period); or,
iii. New Hire: Hire new, additional firefighters.
All of the following are considerations in pre-scoring and peer review determinations:
High ( ), Medium ( ), Low ( )
1. Compliance with NFPA Standards
The tables below identify the priority levels for current and new compliance with the NFPA 1710/1720 standards discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO.
Current (Pre-Award) 1710/1720 Compliance Priorities
Never or 0% Half of the time or 40-59%
Rarely or 1-19% Very often or 60-79%
Sometimes or 20-39% Most of the time or 80-100%
New (Post-Award) 1710/1720 Compliance Priorities
Always or 91-100% Half of the time or 40-59%
Most of the time or 80-90% Sometimes or 20-39%
Very often or 60-79% Rarely or 0-19%
2. Call Volume and Population Served
Department call volume and population served are both factors in the initial application evaluation. Departments responding to a higher number of incidents and departments that protect a larger jurisdiction will receive higher consideration than those departments responding to fewer incidents and protecting smaller jurisdictions.
3. Firefighter Health Measures
The health and well-being of firefighters is of paramount importance. Therefore, applicants who indicate newly hired firefighters will undergo an entry-level physical and receive immunizations and who indicate they will provide annual medical exams receive higher consideration than applicants who do not specify that these benefits will be provided. To qualify for this higher consideration, the physicals must be consistent with those required under NFPA 1582 Chapter 6, Medical Evaluations of Candidates
6.1, and Chapter 9, Essential Job Tasks – Specific Evaluation of Medical Conditions in Members.
Applicants should note that FEMA is working with the NFPA Technical Committee on Fire Service Occupational Safety and Health to evaluate whether the NFPA 1582
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standard complies with applicable federal civil rights laws. No decisions have been made and FEMA will issue additional guidance if and when more information becomes available.
Entry-Level Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals Annual Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals
4. Training Requirements
Applicants will receive higher pre-scores if the personnel funded under the grant will meet the minimum EMS training and certification requirements prescribed by the AHJ. h. R&R Activity – Fire Departments Overview
Grants awarded under the R&R Activity - Fire Departments assist fire departments with the recruitment and retention of volunteer firefighters who are involved with or trained in the operations of firefighting and emergency response. The grants are intended to create a net increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies within the recipient’s response area.
All of the following are considerations in pre-scoring and peer review determinations.
Program priorities are listed as: High ( ), Medium ( ), or Low ( ).
1. Compliance with NFPA Standards
The highest priority is to assist departments experiencing a high rate of turnover and that have staffing levels significantly below the ideal staffing level required to comply with NFPA standard 1710 or 1720 as discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO.
2. Volunteer Membership
Departments or organizations with the highest percentage of volunteers should benefit the most from the recruitment and retention of volunteer firefighters. Therefore, applicants whose membership is comprised of mostly volunteer members, or have a significant number of volunteer firefighters, receive higher consideration.
Percentage of Volunteer Firefighters
91-100% 41-50%
81-91% 31-40%
71-80% 21-30%
61-70% 11-20%
51-60% 1-10%
3. Call Volume
Department call volume is a factor in the initial evaluation. Departments responding to a
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higher number of incidents receive higher consideration.
4. Firefighter Health Measures
Applicants who indicate the newly recruited firefighters will undergo an entry-level physical and receive immunizations, and who indicate they will provide annual medical exams receive higher consideration. To qualify for this higher consideration, the physicals must be consistent with those required under NFPA 1582 Chapter 6, Medical Evaluations of Candidates, and Chapter 9, Essential Job Tasks – Specific Evaluation of Medical Conditions in Members. Applicants who provide worker’s compensation/ Accidental Death & Dismemberment (AD&D) benefits to their members receive higher consideration than applicants who do not specify these benefits will be provided.
Applicants should note that FEMA is working with the NFPA Technical Committee on Fire Service Occupational Safety and Health to evaluate whether the NFPA 1582 standard complies with applicable federal civil rights laws. No decisions have been made and FEMA will issue additional guidance if and when more information becomes available.
Entry-Level Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals Annual Medical Exams
NFPA 1582-compliant physicals Non-NFPA 1582-compliant physicals
5. Firefighter Training and Certification Requirements
Firefighter
Both Firefighter (FF) II/Emergency
Medical Technician (EMT)
FF I
FF II First Responder
Both FF I/EMT
6. R&R Coordinator/Program Manager/Grant Administrator
R&R Coordinator
Applicants who currently have a coordinator, program manager, or grant administrator in place
Applicants who request grant funding for a coordinator, program manager, or grant administrator’s position
Applicants who do not have, or are not requesting, a coordinator, program manager, or grant administrator
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7. Regional Requests
Applications that will have a direct regional or local benefit beyond the immediate boundaries of the applicant’s first-due area will receive higher consideration.
A regional request is an opportunity for an eligible R&R Activity organization to act as a host and apply for funding on behalf of itself and any number of other participating R&R Activity eligible organizations. Regional activities should achieve cost effectiveness, support regional efficiency and resilience, and have a direct regional or local benefit to more than one local jurisdiction (county, parish, town, township, city, or village). Direct regional or local benefit means that other eligible organizations will receive a portion of the grant-awarded funds, will receive items purchased with the grant funds, or share an item purchased with grant funds.
The community identification characteristic, the organizational status of the applicant, and the permanent resident population should be entered for the host entity, regardless of the composition of the participating partners.
Regional populations served are the aggregate of the geographically fixed areas of the host and participating partner organizations.
Neither the regional host nor any participating partner is prevented from also applying on behalf of their own organization for any SAFER Program Activity. However, it cannot be for the same item.
In completing the application, the host applicant must include a list of all participating organizations, including a point of contact and phone number for each organization that will directly benefit from the regional project if they receive the grant. The organizations that will benefit from the R&R Activity may also apply for funding under the SAFER Program as long as the organizations do not apply for a project or activity that could conflict with or duplicate the host applicant’s project. Applicants must also certify that they will ensure the organizations participating in this application have not received grants for similar items/activities.
To apply for a regional project, the host organization must agree, if awarded, to be responsible for all aspects of the grant. This includes, but is not limited to, cost share, accountability for the assets, and all reporting requirements in the regional application.
All participants of a regional application must be compliant with SAFER Program requirements, including being current with past grants, closeouts, and other reporting requirements. Upon notification by the SAFER Program Office, the host agency shall not distribute grant-funded assets or provide grant-funded contractual services to noncompliant partner organizations. The host and the delinquent partners will be notified by the SAFER Program Office of their specific deficiency.
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Regional host applicants and participating partner agencies must execute a Memorandum of Understanding (MOU) or equivalent document signed by the host and all participating organizations participating in the award. The MOU must specify the individual and mutual responsibilities of the host and participating partners, the host’s and participants’ level of involvement in the project(s), the participating partners’ EINs, and the proposed distribution of all grant-funded assets or contracted services. Any entity named in the application as benefiting from the award must be an eligible SAFER Program organization and must be a party to the MOU or equivalent document. Copies of the MOU or equivalent document should be submitted as an attachment in the application.
i. R&R Activity – National, State, Local, Territorial, or Federally Recognized Tribal Volunteer Firefighter Interest Organizations (Interest Organizations) Overview Grants awarded under the R&R Activity – Interest Organizations allows applicants who identify as an Interest Organization to apply for R&R Activity funding. The grants are intended to create an aggregate increase in the number of trained, certified, and competent firefighters capable of safely responding to emergencies on behalf of the fire departments being represented. For this reason, projects that are comprehensive in nature and based on a clear needs assessment, implementation plan, evaluation plan, and have, or will establish, fire service partnerships will receive higher consideration.
In completing the application, the applicant must include data that approximates the characteristics of the entire region and/or all fire departments affected by the grant. If awarded, recipients may be required to provide documentation of each fire department’s consent to participate in the application. Applicants must also certify that they will ensure the fire departments participating in this application have not received grants for similar items/activities. The following identifies the elements that the applications will be evaluated on during the pre-scoring process. Automated (pre-score) evaluation scores represent 30% of the total application score.
All of the following are considerations in pre-scoring and peer review determinations.
Program priorities are listed as: High ( ), Medium ( ), or Low ( ).
1. Compliance with NFPA Standards
The highest priority is to assist departments experiencing a high rate of turnover that have staffing levels significantly below the ideal staffing level required to comply with NFPA standards 1710 or 1720 as discussed in subsection f. Funding Priorities - Meeting the National Standards of this NOFO. Interest Organizations that currently have the lowest recruitment and retention rates among the entire region and/or all fire departments benefitting from the grant funds receive higher consideration for funding.
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2. R&R Coordinator/Program Manager/Grant Administrator
R&R Coordinator
Applicants who currently have a coordinator, program manager, or grant administrator in place
Applicants who request grant funding for a coordinator, program manager, or grant administrator’s position
Applicants who do not have, nor are not requesting, a coordinator, program manager, or grant administrator
3. Needs Assessment
Needs Assessment
Applicants with projects based on a
needs assessment
Applicants with projects that are not
based on a needs assessment
4. Fire Service Partnerships
Fire Service Partnerships
Applicants who have, or will establish,
fire service partnerships as part of this
project
Applicants who will not have, nor
establish, fire service partnerships as
part of this project
j. Eligible and Ineligible Costs and Requirements
Regardless of the eligibility of any costs requested or the results of the review of the application conducted in accordance with Section E – Application Review Information of this NOFO, FEMA reserves the right to approve the activities requested in an application in whole or in part.
Hiring Activity – Eligible Costs and Requirements
Eligible Costs:
• Salary and associated benefits (actual payroll expenses) for the positions funded under the SAFER Program grant are eligible. Costs are reimbursable if they are included as part of the standard package, available to all operational firefighter positions, contractually obligated, and reimbursed via payroll. Refer also to the definitions in Appendix B – Programmatic Information and Priorities, subsection b. Supporting Definitions for this NOFO.
• Compensation for a firefighter’s normal, contracted work schedule is reimbursable, but overtime costs are not eligible for reimbursement by the SAFER Program grant award (including overtime for holdovers, extra shifts, to attend training, etc.). Only costs for overtime that the fire department routinely pays as a part of the base salary or a firefighter’s regularly scheduled and contracted shift hours, in order to comply with
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FLSA, are eligible. For more information on FLSA, please visit the U.S. Department of Labor.
• Salaries and benefits of firefighters hired with SAFER Program funding while they are engaged in initial recruit training are eligible.
Eligibility Requirements:
• Only firefighters hired (New Hire category) or rehired (Rehire category) after the SAFER Program grant offer of award (except if awarded under the Retention category) are eligible for grant funding.
• Only full-time positions are eligible for funding in all three categories. A full-time position is one position that is funded for at least 2,080 hours per year, e.g., 40 hours per week, 52 weeks per year.
• SAFER Program grant funds will only pay for operational positions, in all three categories, whose primary assignment (more than half the time) is on a fire suppression vehicle, regardless of collateral duties.
• Volunteer and mostly volunteer fire departments may also hire individuals to fill officerlevel positions (e.g., chief, fire inspector, training officer, safety officer) in addition to their primary operational assignment.
• Eligible positions for funding under the Rehire category must have been laid off in the two years prior to the start of the application period on *February 13, 2023. Copies of the official, signed, and issued layoff notices will be required at the time of application. • Firefighters who have been issued a formal layoff notice, which includes a specific date for the layoff action, prior to the start of the application period, and those who face imminent layoff – within 120 days of the close of the application period – are eligible for SAFER Program funding under the Retention category. As the application period closes on *March 17, 2023, the layoffs must become effective on or before *July 15, 2023.
Copies of the official, signed, and issued layoff notices will be required at the time of application.
• Eligible positions under the Retention category must be employees of the department at the time the application is submitted. Note: if a retention position becomes vacant after the application is submitted, departments must fill the vacancy with a new hire in order to maintain the operational staffing level.
• A layoff notice that is not executed within the specified terms will be considered void (unless an additional notice is provided within 14 days of the original action date) and will not qualify for funding in the Rehire or Retention categories. Applicants who do not meet these parameters must apply under the New Hire category. • Any layoff action not executed in accordance with the terms of the official layoff notice, or which does not meet the above requirements will not qualify for funding in the Rehire or Retention categories. Applicants who do not meet these parameters must apply under the New Hire category.
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Hiring Activity - Ineligible Costs
• The salaries and benefits of full-time firefighters who are employees at the time of grant award (except under the Retention category) are ineligible to be funded under this grant.
• Job‐sharing positions (e.g., utilizing more than one person to fill a full‐time SAFER Program‐funded position) are ineligible.
• The SAFER Program may not be used to fund promotions (e.g., to pay a current member a higher salary by placing him/her in a new SAFER Program-funded position). • Pre-application costs, such as grant writer fees, administrative costs (e.g., physicals/ medical exams, background checks), and indirect costs associated with hiring firefighters are ineligible.
• Costs to train and equip firefighters (e.g., PPE/Turnout Gear) are ineligible (this does not include the salaries and benefits of firefighters hired under the SAFER Program while they are engaged in training).
• Costs for additional benefits such as uniform allowances, education stipends, meal allowance, etc., that are not contractually obligated, included as part of the standard benefits package for all employees, and reimbursed via payroll are ineligible. • Costs of annual physicals/medical exams are ineligible. • Overtime costs (including overtime for holdovers, extra shifts, to attend training, etc.) are ineligible (except as noted in “eligible costs” above). • M&A costs.
• Indirect costs.
R&R Activity – Eligibility Requirements
• Applicants must correlate the activities for which funding is requested and the identified recruitment or retention problems or issues to be addressed. FEMA will not fund a budget line item if an applicant does not provide sufficient information detailing how it will enhance recruitment and retention. Allowable costs may be limited to reasonable amounts, as determined by FEMA.
• Applicants who propose to focus on retention of volunteers will receive equal consideration as applicants focusing on recruitment of volunteers. A focus on retention may include providing incentives for volunteer firefighter members to continue service in a fire department.
• SAFER Program grant funds may only be used for volunteer firefighters who are involved with, or trained in, the operations of firefighting and emergency response. • FEMA recommends that departments consult their AHJ or the department’s legal counsel to understand the full legal and financial implications involved with implementing or sustaining programs that offer benefits or financial awards to firefighters (e.g., stipends, Length of Service Award Program [LOSAP]/Retirement Program).
• All grant-related purchases and activities must be incurred, received, and completed within the period of performance. The period of coverage and/or service delivery on all contracts and agreements may not begin prior to or extend beyond the period of
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R&R Activity – Eligibility Requirements
performance of the grant. FEMA may permit prorated costs to be charged to the grant for training courses that begin during the period of performance but end after the period of performance ends.
• All funded activities under the R&R Activity must be governed by formally adopted Standard Operating Procedures (SOPs). Minimally, these SOPs should specify who qualifies for each of the incentives, specific requirements for earning the incentives, and the disposition of the awarded incentives if an individual fails to fulfill the stipulations. FEMA may ask for copies of SOPs prior to, or after being awarded.
R&R Activity – Eligible Costs: High Priority
• Costs to support a staffing needs assessment identifying the operational staff and support that are required to carry out fire department responsibilities safely and effectively (e.g., supplies for data collection, contractors or personnel to collect and analyze data, software programs, etc.).
o Note: If a staffing needs assessment is requested and the application is selected for funding, the staffing needs assessment will be the only activity that will be funded.
• Costs to support a R&R Coordinator, a Program Manager, and/or a Grant Administrator (including reasonable salary, fringe benefits, contract support, supplies, travel, etc.). Note: computers for these positions are low priority items. • Marketing Program to recruit new volunteer firefighters, such as:
o Media advertising (e.g., television, radio, social media); o Print advertising (e.g., newspapers, billboards, signs, banners, brochures, flyers); and,
o LED/electronic sign. Note: this is a high priority item only when included as part of a comprehensive marketing program. Only one LED/electronic sign is allowed per applicant and 75% of usage must be dedicated to R&R activities – additional restrictions apply (for details see Section F - Environmental Planning and Historic Preservation (EHP) Compliance of this NOFO). o Note: If requesting funds to recruit new members, a marketing plan must be in place or the application must show a marketing plan will be implemented either with grant funds (requested as a line item) or that the applicant will implement a marketing plan using existing department resources.
• New Member Costs. Only one entry-level physical per new recruit. Physicals for existing members are not eligible. All grant-funded physicals (except those for explorers/cadets) must meet NFPA 1582 standards (Chapter 6, Medical Evaluations of Candidates 6.1, and Chapter 9, Essential Job Tasks – Specific Evaluation of Medical Conditions in Members). The cost of physicals should be based on local physician or health center prices. Detailed information on implementing NFPA 1582 physicals can be found at Roadmap | FSTAR (fstaresearch.org).
o Note: annual physicals are only eligible if the applicant is also requesting grant funds to provide NFPA 1582 entry-level physicals for new recruits; annual
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R&R Activity – Eligible Costs: High Priority
physicals are only eligible for the same new recruits. Physicals or annual exams for any other members are not eligible.
o Only actual costs for physicals are allowed and will be paid on a reimbursable basis. To receive reimbursement, recipients must provide invoices/proof of payment (e.g., canceled checks, bank statements, electronic funds transfers) to support the cost for physicals.
• New recruit basic training that is not covered under a department’s normal operating budget, and as required by the AHJ to meet minimum firefighter certification (e.g., cardiopulmonary resuscitation [CPR], First Responder, EMT, FF1, FF2). o Reimbursement to members for lost wages, mileage/transportation, lodging, and/or per diem while attending required basic training is also eligible. o Note: costs for mileage/transportation, lodging, and per diem must comply with the department’s written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. • Leadership/career development training when used as a retention incentive that is not covered under a department’s normal operating budget.
o Reimbursement to members for lost wages, mileage/transportation, lodging and/or meals while attending leadership/career development training or conferences are also eligible.
o Note: costs for mileage/transportation, lodging and meals must comply with the department’s written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. o Courses must provide Continuing Education Units (CEU) or certificates of completion to be eligible. To receive reimbursement, recipients must provide documentation of the CEUs or the certificates of completion. • Instructor/train-the-trainer training that is not covered under a department’s normal operating budget.
o Reimbursement to members for lost wages, mileage/transportation, lodging, and/or per diem while attending instructor/train-the-trainer training are also eligible.
o Note: costs for mileage/transportation, lodging, and per diem must comply with the department’s written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. • Tuition assistance for higher education (including books, lab fees and student fees). o Coursework or certifications in this category should be more advanced than what departments typically fund for required minimum-staffing requirements. o Courses are not limited to firefighter training or education. o Only tuition payments for classes offered and taken during the period of performance are allowable.
o Computers for individual students are not eligible for funding. o Payments for student loans are not eligible for funding. o Allowable costs may be limited to reasonable amounts, as determined by FEMA.
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R&R Activity – Eligible Costs: High Priority
o Actual costs will be paid on a reimbursable basis. To receive reimbursement, students must successfully complete all classes.
• PPE/Turnout Gear.
o PPE may only be funded for new firefighters that join the department after the date of grant award, that successfully pass an NFPA 1582-compliant physical, and that are certified as “fit for duty.” PPE purchased with SAFER Program funding must be utilized by adequately trained staff.
o Funds are available to acquire Occupational Safety and Health Administrationrequired and NFPA-compliant PPE for firefighting personnel. In addition, PPE must meet any national or state standards and increase firefighter safety. Failure to meet these requirements may result in ineligibility for PPE funding. Copies of NFPA standards may be reviewed at http://www.nfpa.org/freeaccess. o Only actual costs for PPE are allowed and will be paid on a reimbursable basis. o Allowable costs may be limited to reasonable amounts, as determined by FEMA.
o To receive reimbursement, recipients must provide the following documentation to support the purchase of PPE:
•Invoices/proof of payment (e.g., canceled checks, bank statements, electronic funds transfers) for PPE.
• Proof that the firefighter(s) have passed an NFPA 1582-compliant physical and are certified as “fit for duty.”
o Eligible PPE Expenditures:
• Only one set of PPE for structural or wildland firefighting per each new recruit.
•The SAFER Program considers a complete set of structural PPE to be comprised of one self-contained breathing apparatus (SCBA) mask/face piece, one pair of pants, one coat, one helmet, two hoods, one pair of boots, two pairs of gloves, one pair of suspenders, and one pair of goggles. In those jurisdictions where additional PPE, like Personal Safety/Rescue Bailout Systems are statutorily required, the SAFER Program will consider all statutorily required items to be part of a complete PPE set.
•The SAFER Program considers a complete set of wildland PPE to be comprised of one pair of pants, one coat, one jumpsuit, one helmet, one pair of boots, one pair of gloves, one pair of suspenders, one pair of goggles, one fire shelter, one web gear, one backpack, and one canteen/hydration system.
• American National Standards Institute-approved retro-reflective highway apparel.
• PPE gear bags .
• LOSAP or Retirement Program:
o New LOSAP or Retirement Programs (meaning the department has never had a LOSAP or Retirement Program).
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R&R Activity – Eligible Costs: High Priority
o Increasing existing LOSAP or Retirement Program coverage to include newly recruited members (FEMA will only fund the increase portion of the program).
Note: FEMA will not fund LOSAP or Retirement Programs that were previously funded by a SAFER Program grant.
R&R Activity – Eligible Costs: Medium Priority
• Nominal stipends, as defined under Appendix B – Programmatic Information and Priorities, subsection b. Supporting Definitions for this NOFO, for volunteer firefighters who are involved with, or trained in, the operations of firefighting and emergency response (e.g., Pay-per-Call, Points Based System, etc.). Stipends may only be provided for participation in operational (firefighting) activities, such as duty shifts, operational training, and/or responding to incidents. o Food vouchers may be used for nominal stipends if the Narrative supports their use as an effective recruitment and retention tool for the department. However, food vouchers must be issued through formally adopted SOPs. o Award recipients must maintain records of all food vouchers including firefighter name, amount, date received, and signature of the receiving firefighter.
o Gift cards may not be used for nominal stipends. For information on gift cards, see Low Priority – Awards/Incentives below.
o Only actual costs for stipends are allowed and will be paid on a reimbursable basis.
o Allowable costs may be limited to reasonable amounts as determined by FEMA.
o To receive reimbursement, recipients must provide the following documentation to support the stipends:
Documentation to show what the department would pay to hire a fulltime firefighter to perform the services for which the stipend is provided (e.g., current salary/benefit package from human resources department, data from the U.S. Department of Labor’s Bureau of Labor Statistics).
Copies of run reports, staffing reports, etc.
• Costs to support explorer/cadet, and mentoring programs, such as:
o Only one set of station duty uniforms (the SAFER Program considers one set of station duty uniform as one pair of pants, one shirt, one hat, and one pair of boots) for each newly recruited cadet/explorer per the department’s documented uniform policy.
o Training (Non-Immediate Danger to Life and Health [IDLH]). o One set of structural or wildland PPE as defined above for each new cadet/explorer that joins the department after the date of grant award, with the following two exceptions: 1) SCBA mask/face pieces are not eligible because PPE for explorers/cadets may not be used in an IDLH atmosphere, and 2) physicals for explorers/cadets are not required to meet NFPA 1582.
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R&R Activity – Eligible Costs: Medium Priority
o One introductory physical exam per each newly recruited explorer/cadet. • Insurance packages (e.g., AD&D, workers compensation, disability, health, dental, life).
• Exercise equipment and gym memberships are limited to no more than $10,000 total per grant award.
R&R Activity – Eligible Costs: Low Priority
• New Member Costs. Only one set of station duty uniforms (the SAFER Program considers one set of station duty uniforms as one pair of pants, one shirt, one hat, and one pair of boots) for new firefighters that join the department after the date of grant award, per the department’s documented uniform policy.
o Note: Class A or B uniforms (e.g., Dress Uniforms) and badges are not allowable costs under the SAFER Program.
• Costs for advanced training not currently covered under the department’s operating budget (e.g., extrication training, specialized equipment training, swift water rescue, etc.). Advanced training requests are only eligible for members who have already met the minimum firefighter certifications required by the AHJ and must closely correlate to the applicant’s recruitment and/or retention goals.
o Reimbursement to members for lost wages, mileage/transportation, lodging, and/or per diem while attending advanced training are also eligible. o Note: costs for mileage/transportation, lodging, and per diem must comply with the department’s written travel policies and procedures. If policies are not established, costs will only be reimbursed at the federal government rate. • Single computer (including monitor, keyboard, mouse) and printer for grant-appointed R&R Coordinator, Program Manager, and/or Grant Administrator. • Awards/Incentive program for participation in operational (firefighting) activities, such as operational training and/or responding to incidents (e.g., length of service plaques, gift cards for top responders, non-uniform clothing).
o Non-uniform clothing (limited to a shirt, a jacket, or a pullover) as part of an award program only.
Note: Class A or B uniforms (e.g., Dress Uniforms) and badges are not allowable costs under the SAFER Program.
o Gift Cards: a logbook for the purchase and issuance of gift cards is required. The logbook should include name of recipient, date, amount of card, reason for issuance, and signature of recipient. Gift cards should be issued to operational firefighters who have completed the minimum firefighter training required by the AHJ.
• LED/electronic sign when it is not included as part of a comprehensive marketing program.
• Fire service association membership fees.
• Projector and/or screen to support classroom training. • Payments for housing or rent for volunteers at or near the fire station. • Other costs associated with new recruits (background checks, aptitude tests, etc.).
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R&R Activity – Eligible Costs: Low Priority
• Station modifications/remodeling/renovation of existing facilities. o Remodeling/renovations to an existing facility are allowable (e.g., converting space into bunkroom) and must correlate to the identified recruitment or retention problems or issues being addressed with the grant. The renovations must be minor interior alterations not to exceed $10,000 total per grant award. o Remodeling/renovations may not change the footprint or profile of the building. o Any request for modifications to facilities may require EHP review (for details see Environmental Planning and Historic Preservation (EHP) Compliance section of this NOFO). Recipients are encouraged to have completed as many steps as possible for a successful EHP Review in support of their proposal for funding, including coordination with their State Historic Preservation Office to identify potential historic preservation issues and to discuss the potential for project effects, and compliance with all state and EHP laws and requirements. o Written approval must be provided by FEMA prior to the use of any SAFER Program funds for remodeling or renovation. If awarded funds for remodeling or renovation, recipients may be required to submit evidence of approved zoning ordinances, architectural plans, any other locally required planning permits, and a notice of interest.
R&R Activity – Eligible Costs: Non-Prioritized Costs
• M&A costs up to three percent of the total awarded amount in accordance with 2 C.F.R. Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. M&A costs must be identifiable and directly related to the implementation and management of the SAFER Program grant. Salaries and fringe benefits for personnel directly supporting the grant are not required to be included in the M&A budget line item.
• Indirect costs for national, state, local, or federally recognized tribal volunteer firefighter interest organizations that are expended pursuant to Section D: Application and Submission Information.
• Up to $1,500 in grant writer fees for application preparation, but not grant administration. The fee must have been paid between 90 days prior to the publication date of this NOFO and up to 30 days of the end of the application period and prior to any contact with SAFER Program Office staff or an Offer of Award. For details see Appendix C – Award Administration Information, subsection b. Grant Writer/Preparation Fee.
• Audit costs proportional to the total SAFER Program award. Recipients of multiple federal funding sources can only charge a pro rata share of the audit cost(s) to the SAFER Program award, and they must be incurred during the period of performance.
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R&R Activity – Ineligible Costs
This list is not exhaustive:
• Salary and benefits for firefighters.
• Retroactive payments or recognition for operational services rendered prior to the grant award.
• Costs incurred (including the delivery of goods or services) outside of the period of performance except for grant writer fees; see Appendix C – Award Administration Information, subsection b. Grant Writer/Preparation Fees. • Fire suppression equipment.
• Vehicles.
• Fire simulators, fire evolution, or fire training props (e.g., burn trailers, forcible entry, rescue/smoke maze, flashover simulators).
• Supplies, expendables, or “onetime” use items such as foam, fuel/propane, breaching materials (e.g., wood, sheetrock).
• Sirens, warning lights for fire department or private vehicles, or other outdoor warning devices.
• Communication equipment including cell phones, pagers, portable radios or ComputerAided Dispatch systems. • Video cameras/recording equipment.
• Photographs/photographer unless part of a marketing contract for recruitment of new members.
• Intruder alerting systems and deployment notification systems. • Retroactive payments or recognition for non-operational activities (including payments, gift cards, recruitment bonuses, or stipends for recruiting firefighters). • Payments for travel to or participation in leisure or social activities such as theater tickets, entertainment tickets, and trips (e.g., professional sporting events). • Costs associated with award banquets, such as food, photographers, refreshments, entertainment, or rental facilities. Reimbursement for actual awards (e.g., plaques, trophies) is eligible.
• Costs for food or refreshments that are not part of a conference or training hosted by the grant recipient (food vouchers can be requested as a nominal stipend but must be provided only under formally adopted SOPs).
• Costs for training currently covered under the department’s operating budget (e.g., tuition or instructor fees for department-mandated, basic-level training). • Services at a member’s personal residence (e.g., internet access, plowing of driveways). • Furniture (except for newly converted bunkrooms), televisions, fixtures, appliances (e.g., refrigerators), and entertainment equipment.
• “Giveaways” for recruitment events, such as pencils, pens, t-shirts, cups, mugs or balloons.
• Fees for courses and training that are available free of charge on the internet or at state/local training facilities (e.g., NIMS 100, 700, 800). • Costs for fuel. Costs for travel to training or other eligible activities are reimbursed through mileage rates.
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R&R Activity – Ineligible Costs
• Medical exams for existing members, R&R Coordinator, Program Manager, and/or Grant Administrator.
• Payments for student loans.
• Mileage reimbursement for responding to incidents or periodic operational training at the fire house (mileage reimbursement is allowed for other types of training as explained under eligible costs).
• Station internet access/user fees and equipment to install internet (such as routers). • Continued funding of an existing (or previously funded through the SAFER Program) LOSAP or Retirement Program.
• Computers in common areas or individual computers for training/education. • Copiers/printers.
• Incentives for career firefighters within the recipient’s fire department. • Ineligible explorer/cadet/mentoring program expenditures:
o SCBAs, including masks/face pieces.
o Anything involving the IDLH atmosphere.
o Any activities precluded by the AHJ.
• Ineligible PPE expenditures:
o Three-quarter length rubber boots.
o SCBAs (not including SCBA masks/face pieces).
o PASS Devices.
o Spare cylinders.
o Bomb disposal suits.
o PPE for hazardous materials and other specialized incidents. o More than one set of PPE per newly recruited member (within the period of performance).
• PPE for existing members, R&R Coordinator, Program Manager, and/or Grant Administrator.
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15. Appendix C – Award Administration Information
Appendix C contains detailed information on SAFER Program Award Administration.
Reviewing this information may help recipients in the programmatic and financial administration of their award(s)
a. Help FEMA Prevent Fraud, Waste, and Abuse
If applicants or recipients have information about instances of fraud, waste, abuse, or mismanagement involving FEMA programs or operations, they should contact the DHS Office of Inspector General (OIG) Hotline at (800) 323-8603, by fax at (202) 254-4297, or email [email protected].
b. Grant Writer/Preparation Fees
Fees for grant writers may be included as a pre-award expenditure. For grant writer fees to be eligible as a pre-award expenditure, the services must be competitively sourced, specifically identified, and listed within the “Grant Request Details” section of the application and must satisfy the requirements under 2 C.F.R. § 200.458. FEMA will only consider reimbursements for application preparation, not administration, up to $1,500 per annum. The allowability of grant writer fees as a pre-award expenditure must be paid between the 90 days prior to the publication date of this NOFO and up to 30 calendar days after the application period closes.
In order for Grant writer fees held either on retainer or subscription basis to be an eligible pre-award cost, the claimed retainer or subscription must have been competitively secured, and the costs are limited to the start of the appropriation period for the underlying award and meet the requirements under 2 C.F.R. § 200.458. Fees payable on a contingency basis are not an eligible expense.
Pursuant to 2 C.F.R. Part 180, recipients may not use federal grant funds to reimburse any entity, including a grant writer or preparer, if that entity is presently suspended or debarred by the Federal Government from receiving funding under federally-funded grants or contracts. Recipients must verify that the contractor is not suspended or debarred from participating in specified federal procurement or non-procurement transactions pursuant to 2 C.F.R. § 180.300.
Prior to submission of the application, please review all work produced by grant writers or other third parties for accuracy. By submitting the application, applicants are certifying all of the information contained therein is true and an accurate reflection of the organization, and that regardless of the applicant’s intent, the submission of information that is false or misleading may result in actions by FEMA. These actions include but are not limited to the submitted application not being considered for award, temporary withholding of funding under the existing award pending investigation, or referral to the DHS OIG.
The following documentation shall be provided to FEMA upon request:
i. A copy of the grant writer’s contract for services;
ii. A copy of the invoice or purchase order;
iii. A copy of the canceled check (front and back); and
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iv. Evidence that the services were competitively procured.
Failure to provide the requested documentation may result in the grant writer fee being deemed ineligible and the grant reduced accordingly.
Note: FEMA requires that all applicants identify the following as “Application Participants” in the “Contact Information” section of the application:
Any individual or organization that assisted with the development, preparation, or review of the application to include drafting or writing the narrative and budget; whether that person, entity, or agent is compensated or not; and whether the assistance took place prior to submitting the application.
c. Maintenance and Sustainment
The use of FEMA preparedness grant funds for the costs of repairs or replacement, as well as maintenance contracts, warranties, and user fees may be allowable.
The intent of eligible Maintenance and Sustainment activities is to provide direct support to the critical capabilities developed using FEMA and other DHS grants and support activities.
Routine upkeep and the supplies, expendables, or one-time use items that support routine upkeep (e.g., gasoline, tire replacement, routine oil changes, monthly inspections or grounds and facility maintenance) are the responsibility of the recipient and may not be funded with SAFER Program funding.
Generally, when purchasing a maintenance agreement, service contract, or extended warranty for systems or equipment, the period of coverage provided under such a plan may not extend beyond the period of performance of the grant with which the agreement, warranty or contract is purchased.
The duration of an extended warranty purchased incidental to the original purchase of the equipment may exceed the period of performance as long as the coverage purchased is consistent with that which is typically provided for, or available through, these types of agreements, warranties, or contracts. When purchasing a stand-alone warranty or extending an existing maintenance contract on an already-owned piece of equipment or system, coverage purchased may not exceed the period of performance of the award used to purchase the maintenance agreement or warranty. As with warranties and maintenance agreements, this policy extends to licenses and user fees as well.
Even if purchased incidental to the original purchase of the equipment, the duration of an extended maintenance agreement or warranty must also be reasonable for the type of equipment or system being purchased. For example, if a vendor offers a 10-year extended warranty incidental to the purchase of a piece of equipment, but the useful life of that equipment being purchased is five years, the purchase of a 10-year extended warranty would not be a reasonable cost and may not be charged to the grant.
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d. Taxes, Fees, Levies, and Assessments
Taxes, fees, levies, or assessments that the recipient is legally required to pay and are directly related to any eligible SAFER Program acquisition activity may be charged to a SAFER Program award pursuant to 2 C.F.R. § 200.470. These charges shall be identified and enumerated in the SAFER Program application narrative, as well as the “Grant Request Details” section of the acquisition activity.
Any avoidable and unreasonable costs that result from the action or inaction of a recipient (or recipient’s agent) or that prevent that recipient from enjoying any lawful exemption, waiver, or reduction of any tax, fee, levy, or assessment directly related to any eligible SAFER Program acquisition activity are not chargeable to any SAFER Program award.
Example: Governmental entities and Public Safety Agencies are exempt from some Federal Communications Commission (FCC) fees*, but only if the eligible organization submits an exemption or waiver request to the FCC.
*Government entities are not required to pay FCC regulatory fees. Nonprofit entities (exempt under Section 501 of the Internal Revenue Code) may also be exempt. The FCC requires that any entity claiming exempt status submit, or have on file with the FCC, a valid Internal Revenue Service Determination Letter documenting its nonprofit status, or certification from a governmental authority attesting to its exempt status. For more information, please visit http://www.fcc.gov.
e. Excess Funds
After completing the initial project(s) proposed in the recipient's application, some recipients may have unexpended funds remaining in their budget. These excess funds may result from any combination of under-budget acquisition activities or competitive procurement processes.
These excess funds may be utilized to address an organization’s local needs or to mitigate identified capability gaps. FEMA expects excess funds to be obligated concurrent with an award’s period of performance to address a known or critical need. An amendment request must be submitted to document the expenditure of excess funds. As a reminder, all costs must be incurred, and all goods and services must be delivered or completed within the period of performance in order to be allowable.
f. Payments and Amendments
FEMA uses the Direct Deposit/Electronic Funds Transfer method of payment to recipients.
SAFER Program payment/drawdown requests are generated using FEMA GO. SAFER Program payment/drawdown requests from state or local government entities will be governed by applicable federal regulations in effect at the time a grant is awarded to the recipient and may be either advances or reimbursements. Recipients should not expend funds until all special conditions listed on the grant award document have been met,
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including completion of EHP review, and the request for payment in FEMA GO has been approved. Recipients should draw down funds based upon immediate disbursement requirements; however, FEMA strongly encourages recipients to draw down funds as close to disbursement or expenditure as possible to avoid accruing interest.
Non-federal entities should keep detailed records of all transactions involving the grant.
FEMA may at any time request copies of any relevant documentation and records, including purchasing documentation along with copies of cancelled checks for verification. See, e.g., 2 C.F.R. §§ 200.318(i), 200.334, 200.337.
Advances
Recipients shall be paid in advance, provided they maintain or demonstrate the willingness and ability to maintain procedures to minimize the time elapsing between the transfer of funds and disbursement by the recipient (not to exceed 30 days), and the financial management systems that meet the standards for fund control and accountability as established in 2 C.F.R. Part 200. The recipient shall include all applicable source documentation such as invoice(s), purchase orders, contracts, etc., to support the costs associated with the advance SAFER Program payment/drawdown requests. EHP review requirements must be met prior to advanced payments.
Although advance drawdown requests are permissible, recipients remain subject to applicable federal laws in effect at the time a grant is awarded to the recipient.
Governing interest requirements include the Uniform Administrative Requirements Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. Part 200 and the Cash Management Improvement Act (CMIA) and its implementing regulations at 31 C.F.R. Part 205. Interest under CMIA will accrue from the time federal funds are credited to a recipient’s account until the time the recipient pays out the funds for program purposes. For the rate to use in calculating interest, please visit Treasury Current Value rate at https://www.fiscal.treasury.gov/fsreports/rpt/cvfr/cvfr_home.htm.
Reimbursement
Payment by reimbursement is the preferred method when the requirements to be paid in advance, pursuant to 2 C.F.R. § 200.305, cannot be met. In accordance with U.S.
Department of Treasury regulations at 31 C.F.R. Part 205, if applicable, the recipient shall maintain procedures to minimize the time elapsing between the transfer of funds and the disbursement of said funds. As a prerequisite of SAFER Program approval for reimbursement requests, recipients shall submit all applicable source documentation, such as payroll records, timecards, contracts, invoices, purchase orders, proof of payment (e.g., cancelled checks, bank statements, electronic funds transfers) to support the costs associated with each payment/drawdown request.
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Rebates
Recipients shall disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting additional cash payments, in accordance with 2 C.F.R. § 200.305. The reduction of federal financial participation via rebates/refunds may generate excess funds for the recipient if the recipient previously obligated their Cost Share match based upon the original award figures. If the recipient previously obligated their original Cost Share prior to the rebate, then the recipient may have minimum excess funds equal to the difference between the original Cost Share less the rebate-adjusted Cost Share.
Payment Requests During Closeout
A recipient may only submit reimbursement payment requests up to 120 calendar days after the expiration of the period of performance, during an award’s closeout reconciliation per 2 C.F.R. § 200.344. Reimbursement payments are the only eligible type of requests to be submitted after a grant’s period of performance has expired. The expenditure must have been obligated and received during the period of performance of the award. The recipient’s request should contain clear and specific information certifying that the liquidation of federal funds is reimbursement for an obligation properly incurred during the active period of performance. FEMA may request documentation supporting the reimbursement for review at any time.
Amendments
FEMA may approve SAFER Program award amendments on a case-by-case basis for the following reasons:
• Extension of the period of performance in order to complete the scope of work; • Changes to the activity, mission, retroactive approval (pre-award), closeout issues, and some excess funds requests; and,
• Budget changes (adding funds to award/non-closeout deobligation of funds).
FEMA will only consider amendments submitted via FEMA GO. These requests must contain specific and compelling justifications for the requested change. Amendments or changes to the scope of work may require additional EHP review. FEMA strongly encourages recipients to expend grant funds in a timely manner to be consistent with SAFER Program goals and objectives.
Note: a recipient may deobligate (e.g., return) unused funds (e.g., those remaining funds previously drawn down via payment request and/or remaining award funding that was never requested) to DHS/FEMA prior to the end of an award’s period of performance. To exercise this option, a recipient must submit an amendment via FEMA GO and state in the amendment that the unliquidated funds (e.g., the funds to be returned) are not necessary for the fulfillment or success of the grant’s obligations or mission. The recipient must also indicate in the amendment that it understands that the returned funds will be deobligated and unavailable for any future award expenses. Deobligation of funds will decrease the federal portion of the grant and the amount of the recipient’s cost share
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obligation. FEMA will confirm deobligation amendments with all points of contact; after confirmation of the recipient’s intent to deobligate, FEMA will hold the approved deobligation request for 14 calendar days as a period for recipient reconsideration before FEMA processes the deobligation request.
g. Disposition of Grant Funded Equipment
A recipient must use, manage, and dispose of SAFER Program-funded equipment in accordance with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards at 2 C.F.R. § 200.313. With the exception of state governments, when original or replacement equipment acquired under a SAFER Program award is no longer needed for the original project, program, or other activities currently or previously supported by a federal awarding agency, the recipient must request disposition instructions from FEMA. FEMA strongly recommends contacting the SAFER Help Desk prior to the disposition of SAFER Program-funded equipment. h. Post-Award Recipient Responsibilities
Once awarded, recipients under the Hiring Activity must submit a pre-SAFER Program roster listing paid operational/firefighting personnel, in support of NFPA 1710 or NFPA 1720, who are employees at time of award. FEMA compares the pre-SAFER Program roster to names submitted for SAFER Program-funded positions to ensure that the SAFER Program-funded firefighters are new employees (except under the retention category).
The SAFER Program Office will work with recipients to establish the correct staffing maintenance numbers, which combine the number of pre-SAFER Program and SAFER Program-funded operational positions. Once this is established, recipients must agree to maintain this number throughout the period of performance by taking active and timely steps to fill any vacancies.
Recipients under the Hiring Activity who lay off any operational personnel during the period of performance will be considered in default of their grant and the award will be terminated.
In those situations, recipients may be required to return the federal funds disbursed under the grant award.
Recipients who are unable, due to documentable economic hardship, to backfill non-SAFER Program operational positions vacated through attrition (e.g., resignation, retirement) after receiving an award may petition FEMA to waive the staffing maintenance requirements.
Approved waivers allow recipients to decrease and reestablish the staffing maintenance numbers agreed to at the time of award by the number of positions that recipients are unable to fill. To qualify for this waiver, the economic hardship must affect the entire public safety sector in a recipient’s jurisdiction, not just the fire department. FEMA will not grant waivers for SAFER Program-funded positions. Recipients who fail to maintain the required level of staffing risk losing federal funds awarded under this grant.
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Recipients must agree that, notwithstanding any provision of other laws, firefighters hired under these grants will not be discriminated against or be prohibited from engaging in volunteer firefighting activities in another jurisdiction during off-duty hours.
FEMA strongly encourages applicants, to the extent practicable, to seek, recruit and hire military veterans to increase their ranks within their departments.
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. 1 TO AGREEMENT NO. 3698 WITH PCAM, LLC DBA “PARKING COMPANY OF AMERICA” TO PROVIDE
METROLINK RAIL FEEDER SHUTTLE SERVICES
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3698 with PCAM, LLC dba “Parking Company of America” (PCA), for the provision of Metrolink Rail Feeder Shuttle Services for an additional one-year (1-year) term with additional compensation of an amount not-to-exceed Five Hundred Five Thousand, Three Hundred Fifty-Nine Dollars ($505,359); and
2. Authorize the Acting City Manager and/or her designee to execute Amendment No. 1 on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The cost for necessary services annually is for a total not-to-exceed amount of Five Hundred Five Thousand, Three Hundred Fifty-Nine Dollars ($505,359). Funding for the services will be allocated from the Transportation Department’s Fiscal Year 2023-24 adopted operating budget: Account No. 600-90-910-6040.10 (Contract Services, Outside Contracts). Therefore, a budget amendment is not needed.
BACKGROUND/DISCUSSION:
On October 10, 2019, the City of Montebello entered into Agreement No. 3698 (see Attachment A) with PCAM, LLC dba “Parking Company of America” to provide
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
Montebello Bus Lines (MBL) with equipment, goods, and services necessary for the operation of the Metrolink Rail Feeder Shuttles Services. These services include providing transportation for commuters to and from the Montebello/Commerce Metrolink Station.
MBL offers the Montebello Link Program to provide a reservation based, no-cost, and semi-fixed transportation service that aims to bridge the commute gap for weekday commuters to and from the Montebello/Commerce Metrolink Station and local areas of employment in Montebello, Commerce, Pico Rivera and Monterey Park. PCA offers transportation for approximately 1,600 commuters every month and communicates ridership data on a monthly basis to MBL staff. Over the past three years, this service has evolved to play a pivotal role in fostering enhanced accessibility and mobility for the workforce, thereby contributing to MBL’s goal of delivering quality transit services to Montebello and surrounding communities.
Furthermore, an amendment is required with PCA to continue to provide uninterrupted transportation to commuters who depend on such service to access local areas of employment.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council approve Amendment No. 1 to Agreement No. 3698 with PCA, attached hereto in substantial form (see Attachment B), to extend the professional services necessary for the Metrolink Rail Feeder Shuttle Services for an additional one-year (1-year) term and authorize the Acting City Manager and/or her designee, to execute Amendment No. 1 on behalf of the City.
ATTACHMENT(S)
1. Attachment A – Agreement No. 3698 with PCAM, LLC dba “Parking Company of America”
2. Attachment B – Proposed Amendment No. 1 to Agreement No. 3698 NEXT STEPS:
N/A
ATTACHMENT A
ATTACHMENT B
CITY OF MONTEBELLO
AMENDMENT NO. 1
TO AGREEMENT NO. 3698
WITH PCAM, LLC dba PARKING COMPANY OF AMERICA
This Amendment No. 1 to Agreement No. 3698 (“Amendment No. 1”) is made and entered into as of the 11th day of October 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 PCAM, LLC dba Parking Company of America, 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 Contract Agreement No. 3698 to provide equipment, goods, and services necessary for the Metrolink Rail Feeder Shuttle Services with an “Effective Date” of October 10, 2019 (“Agreement”), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and
WHEREAS, Article XXI (“Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, per Article IV (“Compensation”) the Agreement commenced on the Effective Date and is valid for an initial three-year (3-year) term, with options to renew for up to three (3), additional, one-year terms; and
WHEREAS, the Parties each being mutually satisfied with the other’s performance thereof, hereby desire to exercise one of the one-year (1-year) options as authorized by Articles IV and XXI of the Agreement and as otherwise provided herein; and
WHEREAS, to exercise the option to extend the Agreement by an additional year, an amendment to the Term and Compensation (further defined below) is 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. 1 TO AGREEMENT NO. 3698
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. 1, the Parties hereto agree to extend the term of Agreement from October 10, 2023, to October 9, 2024 (the “First Extension”), as authorized under Article IV of the Agreement.
SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 1, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with the First Extension of the Agreement for an additional one (1) year follows:
“The agreed-upon compensation for the contract services contemplated in the Agreement and memorialized in Amendment No. 1 shall not exceed the annual amount of Five Hundred Five Thousand, Three Hundred Fifty-Nine ($505,359). Such 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 City. Said compensation of the Amendment No. 1 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 4. INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 1 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.
SECTION 5. COUNTERPARTS. This Amendment No. 1 may be executed in counterparts all of which shall constitute but one original, and the same agreement. [End of Amendment No. 1]
AMENDMENT NO. 1 TO AGREEMENT NO. 3698
IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 3698 to provide equipment, goods, and services necessary for the Metrolink Rail Feeder Shuttle Services as of the day and year first above written. (“CITY”)
CITY OF MONTEBELLO, a California
municipal corporation
By:
Arlene Salazar, Acting City Manager
(“CONTRACTOR”)
PCAM, LLC dba Parking
Company of America, a
California corporation
By:
Federal Tax Identification No.
ATTEST:
By:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
By:
Arnold M. Alvarez-Glasman,
City Attorney
ITEM # 14
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
Micah Herd, Senior Management Analyst
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR
PRINTING, GRAPHIC DESIGN, AND MAILING SERVICES
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Agreement No. 4142 with Acro Printing (Acro) in an amount that shall not exceed $295,000; and
2. Approve Agreement No. 4143 with Arte Printing (Arte) in an amount that shall not exceed $143,750; and
3. Approve Agreement No. 4144 with Geographics (Geographics) in an amount that shall not exceed $295,000; and
4. Approve Agreement No. 4145 with The Sauce Creative Services (Sauce) in an amount that shall not exceed $295,000; and
5. Approve Agreement No. 4146 with We The Creative (We The Creative) in an amount that shall not exceed $281,250; and
6. Authorize the Acting City Manager to execute the agreements on behalf of the City of Montebello; and
7. Take such additional, related action that may be desirable.
FISCAL IMPACT:
If approved, Staff will be authorized to purchase items/services as detailed in the RFP through June 30, 2026. The following list provides details regarding each of the associated agreements:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
The annual expenditure amounts have been established to coincide with the City’s fiscal year start/end dates. As a result, the first-year amounts have been prorated to nine (9) months or seventy-five (75) percent of the total estimated annual compensation amount.
Starting in Fiscal Year 2024-25, the total annual compensation amount will be available for use.
The annual amounts were determined by analyzing several years of actual expenditures related to printing, graphic design and mailing services. Furthermore, Staff across several departments/divisions were consulted (i.e., Parks and Recreation, Public Affairs, etc.) and their input was used to craft the annual and total term not-to-exceed amounts. The Fiscal Year 2023-24 adopted budget includes funding for printing and graphic services in various departments. These budgets were developed in consultation with each department/division to determine a likely annual expenditure amount. Therefore, it is not anticipated that a budget adjustment would be needed for FY 2023-24. Future budgets will be developed utilizing the estimated amounts shown in the table above.
All agreements will have an initial term through June 30, 2026, and include two (2), one (1) year extension options for a maximum term through June 30, 2028. Each agreement also consists of an annual contingency amount of $25,000 with the authorization of the City Manager. The contingency has been established to address any unforeseen demand for services.
Services associated with these agreements will be used on an as-needed basis. Upon receiving a request for items/services, the availability of funds will be verified, and a purchase order will be generated with sufficient funds encumbered for the expense. The Department of Finance/Information Technology will track encumbrances and expenses of each agreement.
BACKGROUND/DISCUSSION:
On Friday, June 9, 2023, the City issued a Request for Proposals (RFP) for Printing, Graphic Design, and Mailing Services. The RFP was posted on PlanetBids, and notices were emailed to several prospective bidders, primarily within the local area. In addition,
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
print advertising in local media sources was used to advertise the solicitation. The RFP closed on Thursday, July 20, 2023, with ten (10) responses. Bidders provided pricing on up to forty-four (44) items/services based on the projected annual consumption by the City. The following is a list of the bidders who responded and their locations (in alphabetical order):
• Acro Printing - Whittier
• Arte Printing - Montebello
• Geographics - Riverside
• MMS & Associates - Whittier
• Nemoi Advertising & Design - Long Beach
• Public Advertising Agency - Temecula
• Sapphire Printing Group - Ontario
• Sauce Creative Services - Monrovia
• Soap Studio - Woodland Hills
• We The Creative - Irvine
After receiving the responses to the RFP, an evaluation committee was formed to review each proposal submission. The evaluation committee consisted of Parks and Recreation, Public Information, and Finance/Information Technology staff. The responses were evaluated based on the following criteria:
• Proposed Fees/Cost (40 points)
• Qualifications (30 points)
• Reputation/Reference Checks (30 points)
To help encourage participation from local service providers, the RFP identified a local vendor preference per Montebello Municipal Code 3.20.130. The local preference was factored into the final scoring.
Upon completion of the evaluations, staff recommends awarding agreements to the top (5) vendors (in alphabetical order):
• Acro Printing
• Arte Printing
• Geographics
• Sauce Creative Services
• We The Creative
Staff is proposing multiple agreements through this opportunity to ensure the availability of services as well as provide Department staff the opportunity to choose from different vendors, based on the specific service needed.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
The proposals submitted by the vendors mentioned above were the most comprehensive and demonstrated an ability to provide the services required by the City. It should also be noted that Acro, Arte, and Sauce have prior experience providing services for the City.
Each of the previously used service providers has continually provided satisfactory services. It is recommended that the City Council authorize approval of agreements with the listed vendors.
The proposals that were not selected did not fully meet the City's requirements. In addition, some of the vendors lacked sufficient experience in providing services in the public sector. Although the proposals were not selected, each vendor's contact information will be retained in the vendor management database to ensure they receive other solicitations for services in the future.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends approving professional service agreements with Acro, Arte, Geographics, Sauce, and We The Creative. If approved, the agreements will allow the purchase of various printing, graphic design, and mailing items and services in accordance with the terms, conditions, and pricing identified in the associated RFP.
ATTACHMENT(S)
1. Attachment A - RFP for Printing, GD, Mailing
2. Attachment B - Agr No. 4142 - ACRO Printing Inc
3. Attachment C - Agr No. 4143 - Arte Printing
4. Attachment D - Agr No. 4144 - Geographics
5. Attachment E - Agr No. 4145 - The Sauce Creative Services
6. Attachment F - Agr No. 4146 - We The Creative
NEXT STEPS:
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1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 23 – 8
Printing, Graphic Design, and Mailing Services
Release Date: Monday, June 12, 2023
Due Date: Thursday, July 20, 2023, at 11 a.m. PST
ATTACHMENT A
2
3 TO PROSPECTIVE PROPOSERS
The City of Montebello 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 enter into a Professional Services Agreement based on the specifications outlined in this RFP.
THE DATE OF SOLICITATION
June 11, 2023
THE PROJECT
Printing, Graphic Design, and Mailing Services
OWNER/PROPOSAL CONTACT
City of Montebello – Finance Department
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Micah Herd
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by Wednesday, July 5, 2023, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. 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 6
6.0 Proposal Submittal 9
7.0 Evaluation of Proposal 9
8.0 Proposal Protests 10
9.0 Execution of Agreement 11
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 15
15.0 Subcontractors 15
16.0 Modifications/Changes 16
17.0 Disclosure of Information 16
18.0 City of Montebello Rights 16
Appendix A – Proposal Content and Format
Appendix B – Professional Services Agreement Sample
Appendix C – Vendor Questionnaire (Required)
Sample Items 1 - 7
5 1.0 Notice Inviting Proposals
The City of Montebello is seeking proposals from qualified vendors to provide printing, graphic design, and mailing services as needed. Services performed in relation to this request must follow the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 23 – 8. Prospective respondents are advised to carefully read information related to this solicitation before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective vendors must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, July 5, 2023, at 11:00 a.m. PST. ***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****
Proposals must be submitted via PlanetBids by Thursday, July 20, 2023, at 11:00 a.m.
PST.
Responses to this request for proposals will be evaluated to determine the vendor(s) that is/are 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 (“City”) is seeking proposals from qualified vendors to provide citywide printing, copying, graphic design, and other related services. The needs of the City are diverse, including small and large jobs, and requests will occasionally be time sensitive. The expected needs include printing, copying, bindery, and other related services for internal and external use.
The City may award multiple contracts for the required services. Contracts, if awarded, may be for terms up to three (3) years and include extension options. This Request for Proposals (RFP) will establish preferred vendor(s) for the City. The selected Vendor(s) will process job orders as assigned by designated department representatives.
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 hosts a mix of various industries 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 480 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
Release RFP Monday, June 11, 2023
Online Q&A Deadline Wednesday, July 5, 2023,11 a.m. PST Deadline to Submit Responses Thursday, July 20, 2023, at 11 a.m. PST City Review of Submissions Late July 2023
Notifications Sent to Vendors Early/Mid-August 2023
Award Mid/Late August 2023
4.0 Purpose
The purpose of this RFP is to solicit proposals from qualified vendors to provide printing, graphic design, and mailing services as needed. The materials obtained through this service will be used internally and externally by staff to improve general service delivery to the local community.
5.0 Scope of Work/Services
The City is seeking vendors to create and produce various materials for internal and external use by residents, business owners, employees, and other community members using traditional print, the City website (montebelloca.gov), and social media platforms (e.g., Facebook, Twitter, Instagram, YouTube, and LinkedIn). These outreach materials include, but are not limited to:
7 Letters
Newsletters
Brochures
Flyers
Business Cards
Postcards
Banners
Signs
Bound Books (e.g., Annual Financial Report, Budget Book) Apparel/Promotional Items
Content for Website Posting
The selected vendors will provide printing, graphic design, and mailing services for the aforementioned items on an as-needed basis. Vendors will process job orders as assigned by designated staff within each City department.
To assist with assessing workload type and volume, a table which identifies the items, services, and estimated annual quantities can be found by visiting PlanetBids and reviewing the posting associated with this RFP (see the “Line Item” tab). Please note that this is not a comprehensive list; however, it is representative of a majority of the items and services the City typically requests. Needs and specifications may vary and are subject to change at any time. Furthermore, the City does not make any commitment to purchase a specific quantity of any item or services. The quantities listed are annual estimates. City staff submitting service requests will deter the necessary quantity when the order is placed.
Vendors are invited to provide pricing for all or some of the items and services listed.
Please note that preference will be given to vendors who submit the most comprehensive list.
All print and copy produced materials must be of commercially acceptable quality. Work must be properly aligned, have no fading or smearing, include correct color, and be packaged in a manner to protect documents from damage in transit and delivery.
Vendor mistakes or products of unacceptable quality must be corrected at no cost to the City.
In developing a response to this solicitation, vendors should keep in mind that the City is committed to environmental sustainability. Vendors should be prepared to demonstrate how they maximize the use of recycled content of its paper products to include paper that is 100% post-consumer recycled content with preference for Green Seal Certified
8 (GSC) paper when available.
Additional Services
Mailing Services
Some printing materials such newsletters and postcards may require mailing.
Vendors are asked to provide pricing for mailing and postage associated with those items.
Graphic Design Services
While the City retains staff who can provide most graphic design services, there may be some occasions where graphic design services are required in association with this service. Vendors must provide their pricing for graphic design on a per hour basis.
Delivery/Installation/Set-Up Services
The City may require delivery and set-up services for some items. These will be conducted within the limits of the City of Montebello. The following is a list of locations where most services will occur. This list is subject to change as locations may be added or removed as pick-up and delivery locations.
Location Name Address
City Hall 1600 West Beverly Boulevard,
Montebello, CA 90640
Police Department 1600 West Beverly Boulevard,
Montebello, CA 90640
Parks and Recreation
(Acuna Park)
1700 West Victoria Avenue,
Montebello, CA 90640
Transit Facility 400 South Taylor Avenue,
Montebello, CA 90640
City Yard 311 South Greenwood Avenue,
Montebello, CA 90640
Minimum Qualifications And Requirements
To be considered, vendors must clearly demonstrate how they meet the minimum qualifications. The following is a list of the City’s requirements:
Minimum five (5) years of experience with printing and mailing services, website services, translation, and/or graphic design
Minimum three (3) years of experience providing similar services to a public agency of similar size and functionality as the City of Montebello
9 Web-based platform to request business card orders (preferred) Ability to provide same day service, if reasonable notice is provided Vendors must provide quotes based upon the agreement’s fee schedule if requested by departments
Must have the ability to provide mail services if requested Vendors should prepare proposals that identify how the meet the minimum requirements.
Local Vendor Preference
Pursuant to Montebello Municipal Chapter 3.20.130 – Local Vendor Preference, the City is placing priority on local vendors for this solicitation. Eligibility for being considered a local business is based upon physical location. To be considered, vendors must submit a copy of their current City of Montebello business license listing an address with the city limits.
Vendors that are not within the City of Montebello are still encouraged to submit a response.
6.0 Proposal submittal
Please review Appendix – A (Proposal Format 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 information 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. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.
To submit pricing for the required items and services, please use the “Line Items” tab in the associated PlanetBids posting. Enter pricing based upon the annual estimated quantity for items and services listed. Failure to complete this step may results proposal being rejected.
7.0 Evaluation Criteria
The Fire Department will establish an evaluation committee to review and rate 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
10 submissions to ensure adherence to the minimum/proposal format requirements.
B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals based on the following:
i. Proposed fees for Service (40%)
ii. Qualifications as they relate to this project (30%) a. Thoroughness and understanding of the tasks to be completed b. Background and experience in organizational analysis evaluation c. Knowledge of the City of Montebello and local needs
d. Experience of personnel assigned to the work
e. Communication Skills
iii. Reputation for integrity and competence (30%)
a. Positive Reference Checks
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.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protests 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
11 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 reserves the right not to implement the proposed remedy but to offer alternative 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. Interested parties may include all proposers, subcontractors, or suppliers, provided 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 delayed by failure to make the award promptly; or
Failure to make a prompt award will otherwise cause undue harm to the City.
The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The Director of Finance will respond and include a response to each substantive issue raised in the protest.
After the exhaustion 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 proposal opening must be filed within three (3) working days after the proposal 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 Appendix B) shall be signed by the successful Consultant and returned within the required insurance within ten (10) business days after the City has provided written notice that the Consultant 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
12 review the insurance requirements and indemnification clause in the attached 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 following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise-operations, products-completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily 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.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed 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.
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 services, 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 liability 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 aggregate. 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
13 Liability in an amount not less 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 Insurance, the vendor must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional 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 or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (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 selfinsurance, primary or excess, maintained by or available to the City 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 general, 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 insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms
14 and conditions.
Consultants may request a waiver or modification of these insurance requirements.
Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-bycase basis, and the decision will ultimately depend on the scope of services. 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 Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and 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, Subtitle 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:
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 transactions 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 Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is
15 present.
12.0 Non-Commitment of City
While the City intends to select a Consultant through this process, this 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 preparing 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 warranted 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 influence 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, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. 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 property 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 agreement 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 direct supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.
16 16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement requirements and 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 the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant shall be used exclusively in connection 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 the Consultant hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
18.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Consultant, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.
B. 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;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
17 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 – Professional Services Agreement Sample
Appendix C – Vendor Questionnaire (Please complete and return with response)
Sample Items 1 - 7
City of Montebello
Printing, Graphic Design, and Mailing Services
RFP No. 23 – 8
Appendix A – Proposal Content and Format
Proposal Content
The Vendor 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.
2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the City’s needs. Describe your general approach to providing services successfully, methodologies and technologies you would employ. Describe anything you expect the City to provide.
3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Please provide a minimum of three (3) specific examples of relevant experience. At a minimum, Vendors should provide a list of recent projects (i.e., completed within the last three (3) years is preferred, but samples outside of this timeframe will be accepted if relevant) of similar size, scope, and complexity.
Include the name, contact person, address, phone number and/or e-mail 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.
4. 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 Consultant does not have any such conflicts, a statement declaring such should be included in their submission.
5. Cost Proposal – Please submit your pricing for the requested items and services by visiting the City’s PlanetBids Portal, finding the associated RFP, and clicking the “Line Item” tab. Vendors are invited to submit for all or some of the items and services listed.
Keep in mind, vendors proving the most comprehensive list will receive preference.
6. Vendor Questionnaire – Please review and complete the questionnaire attached as Appendix C. This document must be returned with your proposal.
All proposals must be submitted using the PlanetBids Portal by Thursday, July 20, 2023, at 11:00 AM PST. 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 twenty (20) pages when printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font size. The twenty (20) 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 name; 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.
ATTACHMENT __
Appendix B – Sample Professional Services Agreement
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 any and all addenda or supplemental agreements.
2. RFP No. ____
3. Proposal referenced and Best Final Offer received by the successful proposer.
4. 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. All terms, conditions, requirements, and provisions of the Request for Proposals for ______________________________ in the City of Montebello
PROFESSIONAL SERVICES AGREEMENT NO. _____
(insert date issued) (“Request for Proposals”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. 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 Request for Proposals, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
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 X years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to X 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
PROFESSIONAL SERVICES AGREEMENT NO. _____
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 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
PROFESSIONAL SERVICES AGREEMENT NO. _____
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 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
PROFESSIONAL SERVICES AGREEMENT NO. _____
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 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
PROFESSIONAL SERVICES AGREEMENT NO. _____
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.
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 $1,000,000 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 SERVICES AGREEMENT NO. _____
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 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: [insert designated email]
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
PROFESSIONAL SERVICES AGREEMENT NO. _____
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 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.
PROFESSIONAL SERVICES AGREEMENT NO. _____
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:
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.
PROFESSIONAL SERVICES AGREEMENT NO. _____
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.
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 email (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: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [ENTER EMAIL ADDRESS]
PROFESSIONAL SERVICES AGREEMENT NO. _____
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 subconsultant 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 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.
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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]
PROFESSIONAL SERVICES AGREEMENT NO. _____
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
René Bobadilla, 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.
1 RFP 23 – 8
Printing, Graphic Design, and Mailing Services
Appendix C – Vendor Questionnaire
Business Name
Business Address
Business Phone Number
Contact Person
Name and Title
Contact Person
Phone Number
Contact Person
Email Address
Please submit responses to the following questions:
1. Is your business primary office
located within the City of
Montebello? If so, you may qualify
for the local vendor preference.
Please submit a copy of your
business license with your
proposal submission.
2. How many years of experience do
you have providing printing
services?
3. How many years of experience do
you have providing graphic design
services?
4. Have you ever provided services
for a public agency (e.g. city,
county, state, Federal, school
district)?
5. If you answered “yes”, please
provide the name of the public
agency that you most recently
provided services?
6. Can you provide same
day/expedited services?
7. Do you have a web-based platform
for submitting/receiving business
card orders?
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ITEM # 15
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: AMEND THE FISCAL YEAR 2023-24 CAPITAL IMPROVEMENT
PROGRAM BUDGET TO APPROPRIATE CARRYOVER FUNDS FOR
VARIOUS PROJECTS
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Amend the adopted Fiscal Year 2023-24 budget by increasing appropriations in the various accounts as detailed on Attachment A, Capital Improvement Program; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City Council annually adopts an operating and capital budget, providing appropriations for day- to -day operations as well as larger, multi-year projects such as street paving and rehabilitation, concrete repair, intersection improvements, and other related projects. Over the past four years, Staff has improved the manner in which the City's Capital Improvement Program (CIP) budget is managed. Each year, estimated budgets are presented for the various CIP projects, many of which are either multi-year or span across fiscal years. Depending on the scope, nature and type of CIP project, not all appropriations are spent or encumbered in one fiscal year -- as opposed to operating expenses which are spent in a single fiscal year.
In the past, the City did not utilize a comprehensive "carryover" process that is a common practice in other government agencies. That is, prior to Fiscal Year 2022-23, there was no mechanism whereby committed, but not yet encumbered or expended, appropriations would be re-budgeted in a subsequent fiscal year. This carry-over process is a standard
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
operation in other municipalities, and naturally occurs after the close of the prior fiscal year. Essentially, each project's budget from the prior year along with expenditures and encumbrances through June 30 are analyzed to determine if the remaining un-committed budget amount is still needed in the new fiscal year. This carryover process ensures adequate budget is available in the current fiscal year to complete the specific project. In addition, the carryover process ensures "double-budgeting" does not occur, which had happened in prior budgets due to the fact that a carryover process did not exist and staff did not have a clear picture of what previously budgeted funds needed to be reappropriated.
This is now the second year in a row where a formal carryover process is being conducted for in-progress CIP projects. Finance and Public Works staff worked together to develop a carry-over list for FY 2023-24 (Attachment A). Each of the projects listed will continue into FY 2023-24, some have already begun and others may begin in the current fiscal year. Regardless of their current status, Public Works staff has determined that the "Budget Need to Amend" amount listed on Attachment A is needed in order to continue progress on each project listed.
The proposed CIP carryovers (Attachment A) utilize available and existing funding from Gas Tax, Local Return Funds (i.e., Proposition C, Measure R, etc.), Measure W (Los Angeles County stormwater ), Road Maintenance and Rehabilitation Account (RMRA/SB1), and remaining “Paving the Way” bond proceeds. Appropriation of these funds will allow previously approved CIP projects to have remaining project funds reappropriated and available in FY 2023-24 (i.e., carryover amounts). The “Budget Need to Amend” column on Attachment A represents the appropriations needed for each project. In total, across the various funding sources, the budget increase will be $23,501,584, spread over twenty-four (24) different projects.
BACKGROUND/DISCUSSION:
A part of the annual budget development process is for the City Council to adopt an annual CIP budget encompassing projects across all departments and functional areas.
On June 14, 2023, the City Council adopted the operating and CIP budgets for FY 2023- 24 (Attachment B). The adopted CIP budget only included funding for new projects in FY 2023-24 (i.e., those projects not appropriated in previous budgets) or additional funding for existing projects where the amount was known as of June, 2023. The FY 2023-24 CIP budget did not include appropriations of uncommitted funds. The projects and funding sources summarized in Attachment A represent those projects requiring a budget amendment as part of the carryover process in order for the projects to continue through to completion.
Public Works and Finance continue to work together to improve the budget process for CIPs, ensuring committed -- but not spent or encumbered -- project budgets are carried over as part of the year-end close process to avoid any lapsing in funds. The carryover amounts are an imperative part of the committed project budgets and assist with accurately determining the fund balance of each funding source. The recommended action will ensure the appropriations are accurately budgeted for future CIP projects, and will help avoid requesting unprogrammed funds to be utilized for existing project
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
expenses.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council approve the amendment of the adopted Fiscal Year 2023-24 Capital Improvement Program (CIP) budget by increasing appropriations in the various accounts as listed in Attachment A, for a total of $23,501,584
ATTACHMENT(S)
1. ATTACHMENT A - CIP Budget - Carryover Amounts
2. ATTACHMENT B - Adoped FY 2023_24 CIP Overview-Description NEXT STEPS:
N/A
ATTACHMENT A
CP# PROJECT # PROJECT NAME GL ACCOUNT # FUNDING SOURCES
CIP BUDGET AS
OF 5.16.23
Current Fiscal
Year Budget
BUDGET NEED TO
AMEND
100.102.10 Self Evaluation Report and ADA Transition Plan 215-99-7116 PROP C 87,655.00 4,583.00 87,655.00 100.104.10 PROP A CAPITAL RESERVE (GREEN LINE STATION) 210-99-7116 PROP A 6,000,000.00 2,000,000.00 4,000,000.00 100.171.10 Systemic Safety Analysis Report Program, Measure R 220-99-7116 MEASURE R - 557.00 224.00 CP 890 100.191.10 Garfield Ave at Via Campo Ave. Bus Turnout 210-99-7116 PROP A 1,719,474.00 1,110,156.00 609,318.00 100.399.10 2009 Bond Proceeds related projects 100-99-929-7115 2009 Bond - - 127,193.75 CP 851 100.402.10 HSIP 3 Intersections Safety Improvements., HSIP 265-3015-2016-079-7116 HSIP 843,449.00 - 835,573.00 CP 851 100.402.20 HSIP 3 Intersections Safety Improvements., Prop C 215-99-7116 PROP C 609,273.00 - 609,273.00 CP 851 100.402.40 Various Intersection Improvements (HSIP Cycle7) 220-99-7116 MEASURE R 85,000.00 - 85,000.00 CP 851 100.402.50 Various Intersection Improvements (HSIP Cycle7) 200-99-6040.10 GAS TAX 294,486.00 9,797.00 282,018.50 100.433.10 Montebello Paving the Way, Measure R 220-99-7117 Measure R (Bond) 1,656,429.00 - 1,682,032.43 100.433.20 Montebello Paving the Way, Measure M 222-99-7117 MEASURE M (Bond) 2,098,279.00 - 2,130,712.37 100.433.30 Montebello Paving the Way, Prop C 215-99-7117 PROP C (Bond) 11,174,596.00 - 11,347,322.61 100.439.10 East LA Sustainable Median Storm Water Project 229-99-6040.10 Measure W 758,106.00 758,100.00 6.00 CP 901 100.901.10 Bluff Rd. Slope Stabilization Project 200-99-7116 GAS TAX 300,000.00 - 300,000.00 CP 902 100.902.20 Traffic Signal Maintenance 222-99-7116 MEASURE M 200,000.00 - 200,000.00 CP 905 100.905.10 Olympic Blvd. Complete Street Feasibility Study 201-99-7116 RMRA 300,000.00 - 300,000.00 CP 910 100.910.10 TSSP Olympic Blvd, Gas Tax 200-99-6040.95 GAS TAX 161,400.00 - 161,400.00 CP 912 100.912.10 TSSP Beverly Blvd, Prop C 215-99-7116 PROP C 1,150,000.00 575,000.00 575,000.00 CP 913 100.913.20 Annual Street Resurfacing - Grind & Overlay, TDA 223-99-7116 TDA ARTICLE 3 100,000.00 - 100,000.00 CP 917 100.917.10 Plaza Drive Reconstruction 215-99-7116 PROP C 784,211.00 784,200.00 11.00 CP 918 100.918.10 Via San Clemente Entry Road, Gas Tax 200-99-7116 GAS TAX 1,400,000.00 - 1,400,000.00 CP 918 NO PROJECT Via San Clemente Entry Road, RMRA 201-99-7116 RMRA - 1,400,000.00 (1,400,000.00) NO PROJECT On-Call Engineering Services 229-30-315-6040.10 MEASURE W - - 19,782.00 NO PROJECT SIGNS, HARDWARE, ASPHALT 200-99-6040.10 GAS TAX 275,000.00 225,938.00 49,062.00 TOTAL 37,363,358.00 15,076,634.00 23,501,583.66
CITY OF MONTEBELLO
CAPITAL PROJECTS EXPENDITURES BUDGET BY FUNDING SOURCE, CARRYOVER LIST FISCAL YEAR 2023-2024
Fund Description Fund Number
New
Appropriations
Carryover
Approprations* Total Funding:
Gas Tax 200 2,205,000 755,886 2,960,886
Proposition A 210 3,050,000 5,019,474 8,069,474
Proposition C 215 2,424,011 1,271,928 3,695,939
Measure M 222 2,599,300 200,000 2,799,300
Measure R 220 2,021,900 85,000 2,106,900
Measure W 229 758,106 - 758,106
SB1/RMRA 201 1,100,000 - 1,100,000
TDA-3 223 100,000 - 100,000
HSIPL Grant (265) - 843,449 843,449
SSARP Grant (265) - - -
Prop C - Paving the Way 215 - 11,174,596 11,174,596
Meas M - Paving the Way 222 - 2,098,279 2,098,279
Meas R - Paving the Way 220 - 1,656,429 1,656,429
14,258,317 23,105,041 37,363,358
*These amounts are estimates; actual amounts will not be known until after June 30, 2023. Subsequent City Council action will follow to re-appropriate carryover funds for applicable CIP projects.
City of Montebello
Capital Improvement Program (CIP)
Funding Source Summary
FY 2023-24 Budget
ATTACHMENT B
Fund/Funding
Source Project Description Project # Amount Carryover?* Gas Tax (Fund 200)
Via San Clemente Entry Road CP 918 1,400,000
Bluff Road Slope Stabalization CP 901 300,000 C
Various Intersection Improvements CP 851 294,486 C
TSSP - Olympic Blvd CP 910 161,400 C
Yunex Contract (Signal Maint) 280,000
Signs, Hardeare, Asphalt 275,000
Street Striping 250,000
2,960,886
Proposition A (Fund 210)
Garfield / Via Campo Bus Turnout CP 890 1,019,474 C
Garfield / Via Campo Bus Turnout CP 890 700,000
Metrol Local Return Admin Expenses 350,000
Capital Reserve - Green Line Station 4,000,000 C
Capital Reserve - Green Line Station 2,000,000
8,069,474
Proposition C (Fund 215)
Self-Evaluation Report - ADA Transiion Plan 87,655 C
Plaza Drive Reconstrucion CP 917 784,211
Various Intersection Improvements CP 851 609,273 C
TSSP - Beverly Blvd CP 912 575,000 C
TSSP - Beverly Blvd CP 912 575,000
Paving the Way Debt Service 704,800
SGV COG 30,000
Gateway COG 30,000
Metro Local Return Admin Expense 300,000
Paving the Way Bond Proceeds 11,174,596 C
14,870,535
Measure M (Fund 222)
Via San Clemente Entry Road CP 918 175,000
Annual Street Resurfacing - Grind / Overlay CP 913 977,000 Annual Street Resurfacing - Reconstruction CP 914 600,000 Annual Street Resurfacing - Slurry Seal CP 915 150,000
Traffic Signal Maintenance CP 902 200,000 C
Paving the Way Debt Service 597,300
Metro Local Return Admin Expense 100,000
Paving the Way Bond Proceeds 2,098,279 C
4,897,579
City of Montebello
Capital Improvement Program (CIP)
Project Listing by Fund, Appropriations Overview
FY 2023-24 Budget
Fund/Funding
Source Project Description Project # Amount Carryover?* City of Montebello
Capital Improvement Program (CIP)
Project Listing by Fund, Appropriations Overview
FY 2023-24 Budget
Measure R (Fund 220)
Via San Clemente Entry Road CP 918 175,000
Various Intersection Improvements CP 851 85,000 C
Annual Street Resurfacing - Reconstruction CP 914 582,000 Annual Street Resurfacing - Slurry Seal CP 915 143,000
Annual Street Resurfacing - HYRAP CP 916 144,000
Traffic Signal Maintenance CP 902 200,000
Paving the Way Debt Service 527,900
Metro Local Return Admin Expenses 250,000
Paving the Way Bond Proceeds 1,656,429 C
3,763,329
Meausre W (Fund 229)
East LA Sustinable Storm Water Project 758,106
758,106
Road Maintenance and Rehabiliation Account (RMRA/SB1) (Fund 201) Olympic Blvd Street Feasability CP 905 300,000
Annual Street Resurfacing - HYRAP CP 916 800,000
1,100,000
TDA-3 (Fund 223)
Annual Street Resurfacing - Grind / Overlay CP 913 100,000 100,000
HSIP (Grant)
Various Intersection Improvements CP 851 843,449 C
843,449
TOTAL FY 2022-23 CIP BUDGET (New and Carryover) 37,363,358 "c" = Carryover amount from prior fiscal year.
ATTACHMENT D
Amount Phase* Detailed Project Description
Gas Tax (Fund 200)
Via San Clemente Entry Road 1,400,000 D/C New entry road required for and new golf course Clubhouse and Topgolf. Provides vehicular access as well as a public corridor for utilities serving both facilities.
Bluff Road at Beach Street Slope Stabilization 300,000 ES Preliminary engineering for the restoration of the slope erosion related to the Beach Street Storm Drain. The storm drain was replaced last year upstream of the intersection of Bluff Road and Beach Street, along Beach Street. A temporary outlet down the slope into the County's Spreading Grounds was constructed. A permanent storm drain outlet needs tobe constructed following the restoration of the eroded slope. Coordination with LA County Public Works is required for a permit issuance.
Various Intersection Improvements 294,486 D/C Local Match for HSIP Cycle 7 Grant.
TSSP - Olympic Blvd 161,400 M Los Angeles County as the lead agency in coordination with the City of Commerce and the City of Montebello to modify and synchronize the traffic signals along Olympic Boulevard between Indiana Street and Montebello Boulevard. The project includes minor concrete work such as the reconstruction of pedestrian curb ramps, Installation of traffic signalrelated equipment, cabinets, pull boxes, pedestrian push buttons, red curb markings, and striping. The City Council approved the the City's local match in the total amount of $161,400 on 4/10/23. (carryover funding previously approved) Yunex Contract (Signal Maint) 280,000 M Annual Traffic signal maintenance and repair services (Yunex Contract) Signs, Hardware, Asphalt 275,000 M As-needed replacement of road signs citywide, patching/repairing roads and other required preventative maintenance work
Street Striping 250,000 M Re-striping streets at various locations citywide to restore existing striping and ensure safe lane demarcations and other on-road markings
2,960,886
Proposition A (Fund 210)
Garfield / Via Campo Bus Turnout 1,019,474 D/C Improvements along Via Campo and Garfield Avenue between State Route 60 and Via San Clemente, the improvements consist of widening Garfield Avenue for the creation of a dedicated bus turnout lane to eliminate the conflict between the buses stopping at the bust stop and vehicular traffic flow sharing the same driving lane (carryover funding previously approved)
Garfield / Via Campo Bus Turnout 700,000 D/C Improvements along Via Campo and Garfield Avenue between State Route 60 and Via San Clemente, the improvements consist of widening Garfield Avenue for the creation of a dedicated bus turnout lane to eliminate the conflict between the buses stopping at the bust stop and vehicular traffic flow sharing the same driving lane (NEW funding for FY 2023-24) City of Montebello
Capital Improvement Program (CIP)
Enhanced/Detailed Project Descripion
FY 2023-24 Budget
Funding Source / Project Description
ATTACHMENT D
Amount Phase* Detailed Project Description
City of Montebello
Capital Improvement Program (CIP)
Enhanced/Detailed Project Descripion
FY 2023-24 Budget
Funding Source / Project Description
Metrol Local Return Admin Expenses 350,000 DS/O Allowed administrative/salary charges related to managing Proposition A funded projects Capital Reserve - Green Line Station 4,000,000 DS/O "Reserve Fund" for future estimated expenditures for Green Line Station (NEW funding for FY 2023-24) Capital Reserve - Green Line Station 2,000,000 DS/O "Reserve Fund" for future estimated expenditures for Green Line Station (NEW funding for FY 2023-24) 8,069,474
Proposition C (Fund 215)
Self-Evaluation Report - ADA Transiion Plan 87,655 ES The City of Montebello is required to conduct a self-evaluation and an ADA Transition Plan which identifies existing obstacles limiting accessibility and describes steps that are to be taken to ensure that facilities and elements within the public right of way are made accessible to all individuals. (carryover funding previously approved) Plaza Drive Reconstrucion 784,211 D/C Reconstruction of deteriorated asphalt pavement on Plaza Drive between Montebello Boulevard and San Gabriel Boulevard, including removal of existing asphalt pavement section and construction of new asphalt and road base with minor sidewalk repairs. Approved by the City Council on 2/8/23.
Various Intersection Improvements 609,273 D/C Local Match for HSIP Cycle 7 Grant.
TSSP - Beverly Blvd 575,000 D/C Los Angeles County as the lead agency in coordination with the City of Whittier and the City of Montebello to modify and synchronize the traffic signals along Beverly Boulevard. The project consists of traffic signal modifications and installation of related equipment, installation of push buttons, construction of sidewalk and pedestrian curb ramps, and striping. The project is grant funded. The City Council approved the the City's local match in the total amount of $1,150,000 on 4/26/23. (carryover funding previously approved)
TSSP - Beverly Blvd 575,000 D/C Los Angeles County as the lead agency in coordination with the City of Whittier and the City of Montebello to modify and synchronize the traffic signals along Beverly Boulevard. The project consists of traffic signal modifications and installation of related equipment, installation of push buttons, construction of sidewalk and pedestrian curb ramps, and striping. The project is grant funded. The City Council approved the the City's local match in the total amount of $1,150,000 on 4/26/23. (NEW funding for FY 2023-24)
Paving the Way Debt Service 704,800 DS/O Annual debt Service on Series 2019 Sales Tax Revenue Bonds ("Paving the Way") SGV COG 30,000 DS/O Annual Council of Government dues payment
ATTACHMENT D
Amount Phase* Detailed Project Description
City of Montebello
Capital Improvement Program (CIP)
Enhanced/Detailed Project Descripion
FY 2023-24 Budget
Funding Source / Project Description
Gateway COG 30,000 DS/O Annual Council of Government dues payment Metro Local Return Admin Expense 300,000 DS/O Allowed administrative/salary charges related to managing Proposition A funded projects Paving the Way Bond Proceeds 11,174,596 D/C Available bond proceeds from 2019 Sales Tax Revenue Bonds available for arterial streets. Arterial streets included in the program include: 1) Montebello Blvd from Lincoln Ave to Whittier Blvd; 2) Beverly Blvd from Via Altamira to West City Limit; 3) Whittier Blvd from East City Limit to West City Limit; 4) WIlcox Ave from Beverly Blvd to Whittier Blvd; 5) Mines Ave from Greenwwod Ave to Vail Ave; 6) Maple Ave from Washington Blvd to Date St; 7) Date St from Maple Ave to Greenwood Ave; 8) Union St from Greenwwod Ave to Gage Rd; 9) Gage Rd. 14,870,535
Measure M (Fund 222)
Via San Clemente Entry Road 175,000 D/C New entry road required for and new golf course Clubhouse and Topgolf. Provides vehicular access as well as a public corridor for utilities serving both facilities.
Annual Street Resurfacing - Grind / Overlay 977,000 M Conventional grind-and-overlay is the preferred resurfacing method for streets with pavement condition index that ranges from 50 to 69. The work consists of pavement grinding and other preparatory work followed by pavement resurfacing with conventional hot-mix asphalt. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
Annual Street Resurfacing - Reconstruction 600,000 M Street reconstructionof streets that are severely damaged with an existing pavement condition index that ranges from 0 to 29. The work consists of removing the existing roadway pavement structural section (including asphalt and base) and replace it with a new roadway structural section. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
Annual Street Resurfacing - Slurry Seal 150,000 M Slurry Seal is applied on streets with pavement condition index that ranges from 70 to 89 and the work consists of the application of asphalt emulsion slurry seal, a maintenance treatment that prolongs the life of the asphalt. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
Traffic Signal Maintenance 200,000 M Annual citywide as-needed signal maintenance (i.e. equipment replacement) Paving the Way Debt Service 597,300 DS/O Annual debt Service on Series 2019 Sales Tax Revenue Bonds ("Paving the Way") Metro Local Return Admin Expense 100,000 DS/O Allowed administrative/salary charges related to managing Proposition A funded projects Paving the Way Bond Proceeds 2,098,279 D/C Available bond proceeds from 2019 Sales Tax Revenue Bonds available for arterial streets. Arterial streets included in the program include: 1) Montebello Blvd from Lincoln Ave to Whittier Blvd; 2) Beverly Blvd from Via Altamira to West City Limit; 3) Whittier Blvd from East City Limit to West City Limit; 4) WIlcox Ave from Beverly Blvd to Whittier Blvd; 5) Mines Ave from Greenwwod Ave to Vail Ave; 6) Maple Ave from Washington Blvd to Date St; 7) Date St from Maple Ave to Greenwood Ave; 8) Union St from Greenwwod Ave to Gage Rd; 9) Gage Rd. 4,897,579
ATTACHMENT D
Amount Phase* Detailed Project Description
City of Montebello
Capital Improvement Program (CIP)
Enhanced/Detailed Project Descripion
FY 2023-24 Budget
Funding Source / Project Description
Measure R (Fund 220)
Via San Clemente Entry Road 175,000 D/C New entry road required for and new golf course Clubhouse and Topgolf. Provides vehicular access as well as a public corridor for utilities serving both facilities.
Various Intersection Improvements 85,000 D/C Local Match for HSIP Cycle 7 Grant.
Annual Street Resurfacing - Reconstruction 582,000 M Street reconstructionof streets that are severely damaged with an existing pavement condition index that ranges from 0 to 29. The work consists of removing the existing roadway pavement structural section (including asphalt and base) and replace it with a new roadway structural section. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
Annual Street Resurfacing - Slurry Seal 143,000 M Slurry Seal is applied on streets with pavement condition index that ranges from 70 to 89 and the work consists of the application of asphalt emulsion slurry seal, a maintenance treatment that prolongs the life of the asphalt. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
Annual Street Resurfacing - HYRAP 144,000 M HyRAP is applied on streets with pavement condition index that ranges from 50 to 69 and are not eligible for a conventional grind-and-overlay. The work consists of pavement micro-grinding and other preparatory work followed by pavement resurfacing with a two-layered system. The bottom pavement layer is an Asphalt-Ruber Aggregate Membrane ( ARAM) and is top with the final layer of HYRAP asphalt pavement. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
Traffic Signal Maintenance 200,000 M Annual citywide as-needed signal maintenance Paving the Way Debt Service 527,900 DS/O Annual debt Service on Series 2019 Sales Tax Revenue Bonds ("Paving the Way") Metro Local Return Admin Expenses 250,000 DS/O Allowed administrative/salary charges related to managing Proposition A funded projects Paving the Way Bond Proceeds 1,656,429 DS/O Available bond proceeds from 2019 Sales Tax Revenue Bonds available for arterial streets. Arterial streets included in the program include: 1) Montebello Blvd from Lincoln Ave to Whittier Blvd; 2) Beverly Blvd from Via Altamira to West City Limit; 3) Whittier Blvd from East City Limit to West City Limit; 4) WIlcox Ave from Beverly Blvd to Whittier Blvd; 5) Mines Ave from Greenwwod Ave to Vail Ave; 6) Maple Ave from Washington Blvd to Date St; 7) Date St from Maple Ave to Greenwood Ave; 8) Union St from Greenwwod Ave to Gage Rd; 9) Gage Rd. 3,763,329
ATTACHMENT D
Amount Phase* Detailed Project Description
City of Montebello
Capital Improvement Program (CIP)
Enhanced/Detailed Project Descripion
FY 2023-24 Budget
Funding Source / Project Description
Meausre W (Fund 229)
East LA Sustinable Storm Water Project 758,106 DS/O Required annual contribution (5 year commitment) to LA County stormwater runoff project 758,106
Road Maintenance and Rehabiliation Account (RMRA/SB1) (Fund 201) Olympic Blvd Complete Street Feasability Study 300,000 ES Study to identify vehicular and pedestrian/bicycle safety improvements along the Olympic Blvd corridor.
Annual Street Resurfacing - HYRAP 800,000 M HyRAP is applied on streets with pavement condition index that ranges from 50 to 69 and are not eligible for a conventional grind-and-overlay. The work consists of pavement micro-grinding and other preparatory work followed by pavement resurfacing with a two-layered system. The bottom pavement layer is an Asphalt-Ruber Aggregate Membrane ( ARAM) and is top with the final layer of HYRAP asphalt pavement. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023. 1,100,000
TDA-3 (Fund 223)
Annual Street Resurfacing - Grind / Overlay 100,000 M Conventional grind-and-overlay is the preferred resurfacing method for streets with pavement condition index that ranges from 50 to 69. The work consists of pavement grinding and other preparatory work followed by pavement resurfacing with conventional hot-mix asphalt. Annual road repair program for selected streets throughout the city as presented to the Streets Ad Hoc Committee in April 2023.
100,000
HSIP (Grant)
Various Intersection Improvements 843,449 D/C HSIP Cycle 7 Grant for traffic signal improvements to the following intersections: 1) Findlay Ave and Via Campo; 2) Garfield Ave and Via Campo; and 3) Garfield Ave and Whittier Blvd. 843,449
TOTAL 37,363,358
*Phase Legend:
ESEngineering studies
D/CDesign/Construction
MMaintenance
DS/ODebt service and other expenses
ITEM # 16
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
Micah Herd, Senior Management Analyst
SUBJECT: APPROVE SOFTWARE AGREEMENT WITH DARKTRACE FOR
CYBERSECURITY SOFTWARE SERVICES
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve a software agreement with Darktrace Limited (Darktrace) in an amount that shall not exceed $192,800 over a four (4) year term to provide cybersecurity services; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
If approved, Staff will be authorized to purchase the necessary software solution from Darktrace for $192,800, which is the total expense over the proposed four-year term of the agreement. Darktrace will invoice the City once per fiscal year, beginning in November 2023, in the amount of $48,200. The amount requested will allow Staff to renew the license annually through November 2027.
Funds for this expenditure were included as part of the Fiscal Year 2023-24 adopted budget in Account No. 100-21-420-6040.10 (General Fund – Finance/Information Technology – Contract Services – Outside Contracts). For this reason, a budget adjustment is not required. Furthermore, future budgets will be developed utilizing the annual expenditure amount for this software.
BACKGROUND/DISCUSSION:
Since 2021, the City has used Darktrace to improve cyber security. Since implementing
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
Darktrace, it has proven to be an asset in accomplishing the Information Technology division’s (DoIT) goal of protecting sensitive data, critical systems, and infrastructure.
Some features of the software include:
• Advanced Threat Detection: The software identifies anomalous and potentially malicious behavior within the network in real time, enabling Staff to respond to emerging risks quickly.
• Visibility and Network Monitoring: Darktrace provides Staff unparalleled visibility into the City’s network's traffic and activities. This enables Staff to address vulnerabilities and improve the City’s overall security posture proactively.
• Compliance Requirements: The software meets many regulatory frameworks, including those governing the protection of sensitive citizen data, and mandates robust security measures. Darktrace's capabilities support compliance with these regulations, ensuring the City adheres to legal and ethical obligations.
Staff firmly believe that having this software provides an immediate and critical response to combat information technology cyber-security risks. This is especially essential as some of the most significant attacks have targeted government segments. Recent attacks illustrate the vulnerabilities of interconnected infrastructures and the failure of the inability to respond quickly.
Staff from the Division of Information Technology (DoIT) have conducted thorough research and determined that this software solution is proprietary and only available from one source. Therefore, it is requested that the City Council authorize this purchase as a sole source under Montebello Municipal Code Chapter 3.20.050B – Conformance with Bidding Procedures, which states:
Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:
Sole/Single Source Goods and/or Services: When the supplies and equipment needed can be obtained from one source only, such that written declaration of such will be required and noted by standard forms.
Darktrace is purchased directly from the software manufacturer and is not affiliated with a third party.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
SUMMARY:
Staff recommends issuing a purchase order to Darktrace Limited in the amount of $192,800 to purchase network security software and related items. If approved, the Staff will purchase the software through November 21, 2027, at an annual (fiscal year) cost of $48,200. Adequate funds have been included in the Fiscal Year 2023-24 budget for cybersecurity software.
ATTACHMENT(S)
1. Attachment A - Quote - Dark Trace
2. Attachment B - Sole Source Declaration - Darktrace - 10112023 NEXT STEPS:
N/A
PRODUCT ORDER FORM
Customer Name: City of Montebello
Shipping Address: 1600 W Beverly Boulevard, Montebello, CA 94640
Invoice Address: 1600 W Beverly Boulevard, Montebello, CA 94640
Attn: Alfredo Perez-Negron
Email: [email protected]
Product Order Form: 123351-202309-14-929206
Date Prepared: 2023/09/14
Expiry Date: 2023/10/31
Darktrace Offering :
Product/Services Description Quantity
Subscription
Period
(months)
Start Date End Date
Annual
Customer Price
USD
Extended
Customer Price
USD
PREVENT [Not Ordered]
DETECT
Network
Darktrace DETECT/Network 1,400 Devices 48.0 2023-11-22 2027-11-21
RESPOND
Network
Darktrace RESPOND/Network 1,400 Devices 48.0 2023-11-22 2027-11-21 Cyber AI Analyst [for Network]
DEPLOYMENT USAGE FEES
Darktrace Deployment Usage Fees/Appliance
(Medium) 1 48.0 2023-11-22 2027-11-21
Subscription period commencing on 2023/11/22 (“Commencement Date”) Installation Services
Standard Support Services including:
Darktrace Services/Ask The Expert 1 48.0 2023-11-22 2027-11-21
TRAINING
eLearning Training
Public Online Training
Private Training (Remote) 2 Sessions
48,200 192,800
TOTAL 192,800
US: +1 415 229 9100 LATAM: +52 55 7005 0956 UK: +44 (0) 1223 294 100 APAC: +65 6804 5010 E: [email protected] www.darktrace.com
ATTACHMENT A
PRODUCT ORDER FORM
Terms and Conditions:
1 By signing this Product Order Form ("Product Order Form"), issuing a purchase order referencing this Product Order Form or otherwise accessing or using the Offering, the Customer's use of the Offering shall be subject to the Darktrace Master Services Agreement included in the Appliance, which can also be found at:
https://www.darktrace.com/resources/legal-online-terms.pdf (“Agreement”). Customer is already in possession of the Appliances listed above pursuant to a prior order, Darktrace shall not be required to provide any such Appliances to Customer pursuant to this Product Order Form. 2 The Appliance(s) are for use with respect to the Customer's applicable bandwidth throughput, number of connected devices and connections per minute as set out in the applicable Product Data Sheet (https://darktrace.com/resources/contract-data-sheets.zip) (the “Appliance Specifications”). Should the Appliance Specifications be exceeded, additional Fees shall be payable. The Software is limited to 1,400 (one thousand four hundred) Devices in use on the Customer network (the “Device Limit”). For the purposes of this calculation a “Device” is a unique Internet Protocol address (IP address), tied to a piece of equipment, apparatus, or instrument, virtual or physical; that is monitored, modelled and visible in the Threat Visualizer within a given 7 day time frame. Should the Device Limit be exceeded, additional Fees shall be payable. 3 Fees are exclusive of any applicable sales tax, goods and services tax, withholding tax or VAT. Fees will be invoiced annually in advance from the Commencement Date.
Payment terms Net 30.
4 If Customer requires a purchase order, it must be sent at the time of acceptance of this Product Order Form and be for the full contract value. If it is not received, Darktrace shall be entitled to invoice without it.
5 Acceptance of this Product Order Form is expressly limited to the terms of Darktrace's offer. Once accepted, the terms and conditions of this Product Order Form and the Agreement will be the complete and exclusive statement of the agreement between the parties. Any modifications proposed by Customer are expressly rejected by Darktrace and shall not become part of the Agreement in the absence of Darktrace’s written acceptance. 6 This Product Order Form may be executed in any number of counterparts and by different parties in separate counterparts. Each counterpart when so executed shall be deemed to be an original and all of which together shall constitute one and the same agreement. Transmission of the executed counterpart of this Product Order Form by email (in PDF, JPEG or other agreed format) shall take effect as delivery of an executed counterpart.
For Customer
Signature:
Name:
Job Title:
Signature Date:
For Darktrace:
Signature: /darktrace_sign_here/
Name: /darktrace_name/
Job Title: /darktrace_title/
Signature Date: /darktrace_date/
("Effective Date")
US: +1 415 229 9100 LATAM: +52 55 7005 0956 UK: +44 (0) 1223 294 100 APAC: +65 6804 5010 E: [email protected] www.darktrace.com Page 546 of 884
ATTACHMENT B
Sole Source Declaration
Updated 11/2021
SOLE SOURCE DECLARATION
I, THE UNDERSIGNED, DO HEREBY CERTIFY to the best of my knowledge, after analyzing pertinent information available to us at this time, the item(s)/service(s) listed below can only be furnished by the following vendor due to the following justification(s):
Item/Service Darktrace Limited – Network Security Software Vendor Darktrace Limited
Address Maurice Wilkes Building, Saint John’s Innovation Park Cowley Road
City, State Cambridge, UK
Justification: Refer to Back Page of this Form for Accepted Justification and Indicate the Exception Claimed Below, Provide Additional Information as Needed Darktrace is the manufacturer of proprietary network security software in use at the City of Montebello. This software has been used for several years as the City’s network security solution and has been fully integrated with existing solutions. Darktrace is the only vendor that can provide licensing and support.
I declare under penalty of perjury that the foregoing is true and correct. _________________________________ _______________
Alfredo Perez-Negron, IT Manager Date
_________________________________ ________________
Michael Solorza, Director Date
Sole Source Declaration
Updated 11/2021
Under “Justification” on Page 1 of this form, indicate which exception to the Purchasing Municipal Code (Chapter 3.20 et al) is being claimed to deem this purchase a “sole source purchase:”
Acceptable and Allowed Exceptions:
1. Only one manufacturer makes the item(s) meeting required specifications, AND that manufacturer only sells direct/exclusively through one regional/national vendor/representative.
2. The original manufacturer can only perform maintenance or repair services, AND the manufacturer does not have multiple agents to perform the required services.
3. Replacement and/or spare parts are exclusively available from the original manufacturer, AND the original manufacturer does not have distributors for those parts.
4. Patented items or copyrighted materials that are only available from the patent or copyright holder.
5. A consultant with a very unique expertise/background in a recognized field. The consultant has advanced or specialized knowledge or expertise gained over an extended period in a specialized area of experience. The consultant has received some certification from a nationally accredited institution (this could also fall into the “professional services” category).
6. A formal/informal survey has been conducted by the requesting Department and/or Finance Department to determine whether other vendors/consultants can satisfy the requirements of the item or service. The survey provides vendors/consultants with a list of detailed requirements, and they provide a written response regarding their capability to supply the item or service. If only one (1) vendor can meet all of the listed requirements, this survey may be used to support the sole source claim.
7. A collaborative project where a specific vendor/contractor/consultant is named by the funding agency and/or inter-agency agreement as the source of an item or service, and the use of the vendor/consultant is required for compatibility.
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Micah Herd, Senior Management Analyst
Michael Solorza, Director of Finance
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4148 WITH
JONES AND MAYER LAW FOR POLICE DEPARTMENT LEGAL
SERVICES
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve Agreement No. 4148 with Jones Mayer Law in an amount that shall not exceed $75,000; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
If approved, staff will be authorized to receive legal services related to Pitchess Motion Hearings, Henthorn/Giglio requests, and other services as detailed in the Request for Proposals (RFP). The estimated annual cost of services shall not exceed $25,000 annually. This includes an annual $5,000 contingency authorized at the City Manager’s discretion if needed.
The agreement will have an initial term through June 30, 2026, and includes two (2), one (1) year extension options for a maximum term through June 30, 2028.
Sufficient funds for this expenditure were budgeted as part of the Fiscal Year 2023-24 budget in Account No. 100-80-815-6040.75 (General Fund – Police – Support Services – Contract Services – Legal Services). Subsequent fiscal years will include sufficient funds.
BACKGROUND/DISCUSSION:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
As part of the legal process involved with criminal and civil court cases, a request to review police personnel records may be submitted. The services of legal counsel that specializes in fulfilling these requests is required to ensure the process is facilitated in a timely manner and in accordance with governing laws.
On Monday, August 14, 2023, the City issued a RFP for Pitchess Motions, Henthorn/Giglio Requests, and other legal services. The RFP was posted on PlanetBids, and notices were emailed to several prospective bidders. The RFP closed on Thursday, September 14, 2023, with three (3) responses. Bidders provided service pricing based on the City's projected annual consumption. The following is a list of the bidders who responded and their locations (in alphabetical order):
• Jones & Mayer – Fullerton
• Liebert Cassidy Whitmore- Los Angeles
• Richards, Watson, Gershon- Los Angeles
After receiving the responses to the RFP, an evaluation committee was formed to review each proposal submission. The evaluation committee consisted of individuals within the Police Department. The responses were evaluated based on the following criteria:
• Proposed Fees/Cost (20 points)
• Qualifications (50 points)
• Reputation/Reference Checks (30 points)
Upon completing the evaluations, staff recommend awarding an agreement to Jones Mayer Law.
The proposal submitted by Jones Mayer Law was the most comprehensive and demonstrated an ability to provide the services required by the City. It should also be noted that Jones Mayer Law has a long history of providing satisfactory services for the City. In addition to their experience, Jones Mayer Law proposed the most competitive rates with no increase in rates throughout the initial three-year term agreement. Serving as the City's best cost-efficient interest. Although the proposals were not selected, each vendor's contact information will be retained in the vendor management database to ensure they receive other solicitations for services in the future.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
SUMMARY:
Staff recommends approving a professional service agreement with Jones Mayer Law (Agreement No. 4148). If approved, the agreement will allow the use of legal services following the terms, conditions, and pricing identified in the associated RFP.
ATTACHMENT(S)
1. Attachment A - Agr No. 4148 - Jones Mayer Law (Includes Copy of RFP 24-3) NEXT STEPS:
N/A
ATTACHMENT A
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Rita Montalvo, Acting Director
SUBJECT: CITYWIDE CATCH BASIN CONNECTOR PIPE SCREEN (CPS) INSERTS INSTALLATION PROJECT (CP NO. 877) – NOTICE OF
COMPLETION
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Accept the Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation Project (CP No. 877) as completed by United Storm Water, Inc.; and
2. Accept the final contract amount with United Storm Water, Inc. in the amount of $69,375 in accordance with the approved City Council budgeted amount; and
3. Authorize the City Clerk to execute, verify and file the Notice of Completion (Attachment A) with the Los Angeles County Registrar-Recorder; and
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
On July 28, 2021, the City Council approved as part of the Fiscal Year 2021-22 Capital Improvement Program (CIP) Budget, a total amount of $200,000 for the Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation Project, CP No. 877, utilizing funding from Measure W (Safe Clean Water Program). The funding is a carryover from the FY 2020-21 Measure W allotment received from Los Angeles County.
The project was completed on July 21, 2022, at a total cost of $69,375, coming in under the total approved project budget. The remaining balance of funds will be unencumbered and made available for programming for other storm drain related projects utilizing Measure W (Fund 229) funds. Since this project came in under budget, no budget adjustments are needed.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
BACKGROUND/DISCUSSION:
This project was originally approved as part of the Capital Improvement Program (CIP) for Fiscal year 2020-21. The Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation Project retrofitted existing catch basins with screens and filters to prevent trash and debris from entering the storm drain system. In total, 165 catch basins were retrofitted with CPS units, 78 of which are City-owned and 87 are County-owned. This project helped the City meet pollution reduction requirements outlined in the State's NPDES permit.
On July 28, 2021, the City Council found the Project categorically exempt pursuant to the State Guidelines for Implementation of the California Environmental Quality Act (CEQA). The Notice Inviting Bids was published in local newspaper on August 9, 2021, and on the Green Sheet. The notice, the plans, and specifications were posted on Planet Bids for review and download.
On September 1, 2021, at 10:00 AM, three (3) bids were received and opened publicly, as follows:
United Storm Water, Inc. $134,257
G2 Construction, Inc. $141,255
Downstream Services, Inc. $254,750
United Storm Water, Inc. submitted the lowest responsive bid in the amount of $134,257.
Staff checked the listed references, performed a bid analysis and concluded that United Storm Water was a responsive bidder. Construction of the CPS units was completed on July 21, 2022. Further the contractor has since been paid, however, the filing of the Notice of Completion was not completed which will allow for the funds to be unencumbered. The filing of the Notice of Completion was not completed during the past year and this action before CIty Council is to close out this project. Other related storm drain related projects are still proposed,
ENVIRONMENTAL:
N/A
ANALYSIS:
The total amount allocated for construction costs of this project included in the FY 2021- 22 CIP Budget was $200,000. A summary of projected costs is as follows:
$ 134,256.75 Construction Cost
$ 33,564.19 Contingency (25%)
$ 167,820.93 Total
The project was completed at a total cost of $69,375, coming in below the total project budget. The remaining project budget balance of $98,446 will be available for rePage 605 of 884 CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
programming for other storm drain water improvement projects using Measure W (Fund 229) funding. No additional appropriations are required to close the project.
SUMMARY:
Staff is recommending that the City Council accept the Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation Project as completed, and authorize the City Clerk to execute, verify and file the Notice of Completion with the Los Angeles County Registrar-Recorder.
ATTACHMENT(S)
1. Attachment A - NOC -CP 877
NEXT STEPS:
N/A
RECORDING REQUESTED BY
CITY OF MONTEBELLO
AND WHEN RECORDED MAIL TO
NAME CITY OF MONTEBELLO
CITY CLERK
STREET 1600 W Beverly Blvd.
ADDRESS
CITY Montebello,
STATE CA
ZIP 90640
SPACE ABOVE LINE FOR RECORDERS USE
________________________________________________________________________________________________________________________________________________
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion. (See reverse side for complete requirements.) Notice is hereby given that:
1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described:
2. The full name of the owner is City of Montebello
3. The full address of the owner is 1600 W Beverly Blvd., Montebello, CA 90640
4. The nature of the interest or estate of the owner is: in fee.
(if other than Fee, strike “In fee” and insert, for example, “purchaser under contract of purchase”, or “lessee”)
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are:
NAMES ADDRESSES
_______________________________________________________________________________________________
6. The full names and addresses of the predecessors in interest of the undersigned, if the property was transferred subsequent to the commencement of the work or improvements herein referred to:
NAMES ADDRESSES
____________________________________________________________________________________________
7. A work of improvement on the property hereinafter described was completed on July 21,2022. The Citywide Catch Basin Connector Pipe Screen (CPS) Inserts Installation Project will retrofit existing catch basins with screens and filters to prevent trash and debris from entering the storm drain system. In total, 165 catch basins will be retrofitted with CPS units, 78 of which are City-owned and 87 are County-owned. This project will help the City meet pollution reduction requirements outlined in the State's NPDES permit.
8. The name of the contractor, if any, for such work of improvement was United Storm Water, Inc.
October, 2021
(If no contractor for work of improvement as a whole, insert “None”) (Date of Contract)
9. The property on which said work of improvement was completed is in the City of Montebello County of Los Angeles, State of CA, and is described as follows: Citywide Cath Basin Connector Pipe Screen (CPS) inserts installation within the City of Montebello.
Assistant Director of Public Works / Assistant City Engineer, City of Montebello (Signature of Owner or corporate officer of Owner named in paragraph 2, or his agent)
VERIFICATION
I, the undersigned, say: I am the City Clerk of the City of Montebello, the declarant of the foregoing Notice of Completion:
I have read said Notice of Completion and know the contents thereof; the same is true to my own knowledge. I declare under penalty of perjury that the foregoing is true and correct.
Executed on_________________ , 2023 at City of Montebello, Montebello, CA __________________________________________________(Personal signature of the individual who is swearing that the contents of the Notice of Completion are true)
ATTACHMENT A
ITEM # 19
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Rita Montalvo, Acting Director
SUBJECT: AUTHORIZE INCREASING THE NOT-TO-EXCEED AMOUNT FOR
ADDITIONAL PLAN CHECK SERVICES FOR THE REALIGNMENT OF
LINCOLN AVENUE UNDER MASTER RETAINER AGREEMENT NO.
3999, TASK ORDER NO. 1 WITH MARK THOMAS, INC.
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize increasing the not-to-exceed amount for additional Plan Check Services for the realignment of Lincoln Avenue Under Master Retainer Agreement No. 3999, Task Order No. 1 with Mark Thomas, Inc.; and
2. Authorize the Acting City Manager to execute the Task Order amendment; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The “not -to -exceed” amount of $49,774 on Agreement No. 3999, Task Order No. 1 (Attachment A) with Mark Thomas must be increased in order to finalize the plan checking services for the realignment of the Lincoln Avenue Project. The total amount of the plan checking services is $100,000. Therefore, Staff is requesting an increase in the not-toexceed amount in order to pay for outstanding invoices as well as for plan checking services on the final plans and documents.
There is sufficient funding for these services in the Public Works Fiscal Year 2023-24 budget (Account No. 100-30-330-6040.80, Engineering Services). Therefore, no budget amendment is needed, only an increase to the non-to-exceed amount for Task Order No.
1.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
BACKGROUND/DISCUSSION:
On June 22, 2022, the City Council approved a Master Retainer Agreement for On-Call Architectural and Engineering Design Services in response to RFP No. 22-8. Mark Thomas Inc. was one of the firms selected as part of a bench list of qualified firms that will be available to provide services on an as-needed basis in the delivery of a variety of projects. These firms may be contacted during the term of the Master Retainer Agreement to provide a fee proposal for individual projects/tasks and in accordance with the procedural requirements of the funding source(s) for each project/task. Once a reasonable fee is negotiated, the services for the project/task will be contracted via an Engagement Letter that details the scope of work and applicable fee for the project/task, under the umbrella of the Master Retainer Agreement. Staff will solicit approval at the appropriate level of authority for each Engagement Letter in accordance with Chapter
3.21 of the Montebello Municipal Code (MMC) and any applicable State and Federal laws. This includes requesting City Council authorization for services of $50,000 or greater per project/task, as currently required by the MMC. The funding source and any necessary appropriations and budget amendments will be identified at the time authorization is requested.
In October 2022, Mark Thomas Inc. began providing plan check services to the Public Works Department for the realignment of Lincoln Avenue under Task Order No. 1, initially executed for a not-to-exceed fee of $49,774 under the City Manager’s authority. The Lincoln Avenue realignment project consists of improvements to Whittier Narrows Dam where the Lincoln Avenue roadway and utilities will need to be relocated. The United States Army Corps of Engineers (USACE) is the lead agency and AECOM is the design consultant. Mark Thomas is currently plan checking the final plans and documents, and additional funds for these services are required. Therefore, Staff is requesting an increase to the not-to-exceed amount from $49,774 to $100,000 in order to complete the necessary work.
The plan check services are summarized as follows:
1. 65% Plan, Specifications and Estimates $49,774
2. 95% Plan, Specifications and Estimates $39,765
3. Final Plan check $10,461
Total $100,000
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
SUMMARY:
Upon approval by the City Council of the recommended actions, Staff will increase the purchase order to the new not-to-exceed amount of $100,000. Sufficient funding exists in the FY 2023-24 budget for these and other engineering related services, therefore a budget amendment is not needed to accommodate the additional work.
ATTACHMENT(S)
1. Attachment A - Task 1 - Proposal Fee
2. Attachment B - 95% Proposal Fee
NEXT STEPS:
N/A
ENGAGEMENT LETTER
FOR
CONSULTANT SERVICES
PROJECT/SERVICES: Plan check Services for the realignment of Lincoln Avenue MASTER RETAINER AGREEMENT NO. 3999
TASK NO. 01
The purpose of this Engagement Letter is to allow the City of Montebello (the “City”) to engage Mark Thomas. (the “Consultant”) to provide Plan check services (the “Services” or “Project”) pursuant to those terms and conditions outlined in the draft Master Retainer Agreement (Agreement No. 3999) approved by the City Council on June 22, 2022, in the manner set forth in Exhibit A, “Scope of Services” of this Engagement Letter.
The Scope of Services to be completed pursuant to this Engagement Letter is set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall be billed hourly for a total not-to-exceed fee of Forty-Nine Thousand Seven Hundred Seventy-four Dollars and Zero Cents ($49,774.00), without prior written approval by the City. The charges and hourly rates shall not exceed those stated and in effect when the draft Master Retainer Agreement was approved on June 22, 2022 and as stated in the fee schedule attached hereto as Exhibit B.
Consultant acknowledges and agrees that the personnel assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the City’s Director of Public Works / City Engineer (the “Director”). Pursuant to Government Code 87300, et seq., Consultant has provided (for submittal to the City Clerk), a California Fair Political Practices Commission Statement of Economic Interest- Form 700 for each of each of its staff assigned to the Project.
By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of this letter by the Consultant and the Director pending issuance of a “Notice to Proceed.”
Date: 10/11/2022
ATTACHMENT A
Darin Johnson, Associate Principal
Exhibit A
Scope of Work
September 8, 2022
Rita Montalvo, PE
Assistant Public Works Director
City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
RE: Lincoln Avenue Realignment
Dear Rita:
We are pleased to submit our scope of services and fee proposal to provide plan check services for the realignment of Lincoln Avenue. The lead agency is the United States Army Corps of Engineers (USACE) and the lead consultant is AECOM (Consultant). The following scope, fee and schedule are based upon the review of the construction elements related to the realignment that will be owned and maintained by the City of Montebello.
Scope of Work
1. 65% Submittal Documents
1.1 Basis of Design Report: Review the report to verify that the design is consistent with the City standards and design requirements.
1.2 65% Plans: Provide a review of approximately 105 plan sheets to ensure the design standards are being met and is consistent with the Basis of Design Report.
1.3 65% Specifications: Review the project specifications for completeness in covering work items for the roadway realignment. It is noted that the specifications are CSI format, standalone and not based upon commonly used Greenbook or Caltrans Standard Specifications. The review does not include verifying consistency with these Standard Specifications.
1.4 Comment Resolution Meeting: Participate in one comment resolution meeting with the Consultant to reach resolution to outstanding comments.
It is understood that USACE will be bidding and administering the construction. AECOM is fully responsible for providing complete plans, specifications and estimate and all quality control measures.
Schedule
Work will be completed within 2 weeks from Notice to Proceed and receipt of all the documents.
Budget
We have prepared a fee estimate for these services, as detailed on the attached form. The total estimated cost is $49,774.
PAGE 2 OF 2
Should you have any questions or concerns, please do not hesitate to contact me at (714) 815-5222 or through email at [email protected].
Sincerely,
MARK THOMAS
Pat Somerville, PE
Project Manager
Sr. Engineering Manager
Sr. Technical LeadTechnical LeadSr. Project EngineerProject EngineerDesign Engineer IIProject AccountantSr. Project CoordinatorGPA Sub MarkUp
$361 $252 $204 $177 $157 $135 $123 $138 DBE 5%
1.0 65% PS&E
1.1 Basis of Design Report 4 8 12 20 8 2 54 $10,404 - $0 $10,404
1.2 65% Plans 12 32 60 40 144 $25,680 - $0 $25,680
1.3 65% Specifications 4 40 44 $11,524 - $0 $11,524
1.4 Comment Resolution Meeting 2 4 4 10 $2,166 $0 $2,166 0 $0 - $0 $0
Subtotal Phase 1 22 48 48 0 84 48 0 2 252 $49,774 $0 $0 $49,774 TOTAL HOURS 22 48 48 0 84 48 0 2 252
OTHER DIRECT COSTS $0 $0 $0
TOTAL COST $7,942 $12,096 $9,792 $0 $13,188 $6,480 $0 $276 $49,774 $0 $0 $49,774 Total MT
Cost
COST PROPOSAL FOR PROJECT SCOPE: Montebello - Lincoln Avenue Realignment Subconsultants
TOTAL COST Total
Hours
9/8/2022
Exhibit B
Master Agreement Fee Schedule
Engineering Services Survey Services
Intern $47 ‐ $8ϲ Survey Intern $59 ‐ $ϭϬϯ
Technician $65 ‐ $1ϯϬ Survey Technician $77 ‐ $1ϮϬ
Planner I $77 ‐ $1ϭϬ Sr. Survey Technician $88 ‐ $1ϳ2
Design Engineer I $91 ‐ $13ϴ Surveyor $106 ‐ $1ϱϱ
Planner II $100 ‐ $1ϯϬ Sr. Surveyor $121 ‐ $1ϴ2
Sr. Technician $112 ‐ $1ϳϮ Lead Survey Technician $118 ‐ $ϮϬϳ Design Engineer II $118 ‐ $1ϲϭ Project Surveyor $147 ‐ $ϮϬϳ Project Engineer $139 ‐ $1ϴϮ Sr. Project Surveyor $162 ‐ $2Ϯϰ Sr. Project Engineer $150 ‐ $2ϭϲ Survey Manager $177 ‐ $2ϱϴ Sr. Technical Engineer $150 ‐ $2ϭϲ Sr. Survey Manager $203 ‐ $2ϴϮ Project Manager $180 ‐ $2ϰϰ Survey Division Manager $265 ‐ $3ϳϴ Technical Lead $180 ‐ $2ϰϰ ** Single Chief $144 ‐ $ϮϬϳ
Sr. Project Manager $209 ‐ $ϯϭϯ ** Single Instrumentman $137 ‐ $1ϴ2 Sr. Technical Lead $200 ‐ $ϯϭϯ ** Single Chainman $129 ‐ $1ϳϵ Engineering Manager $265 ‐ $3ϲϬ ** Apprentice $64 ‐ $1ϱϮ Practice Area Leader $265 ‐ $3ϲϬ ** 1 Person Field Crew $144 ‐ $ϮϬϳ Sr. Engineering Manager $295 ‐ $4Ϯϵ ** 2 Person Field Crew $273 ‐ $ϰϭϮ Principal $380 ‐ $4ϳϴ ** 3 Person Field Crew $337 ‐ $5ϵϭ Construction Management Services Project Support/Coordination Services Office Technician $59 ‐ $ϭϬϯ Project Assistant $65 ‐ $ϭϬϯ Office Engineer $103 ‐ $ϮϬϳ Technical Writer $62 ‐ $1ϭϬ ** Asst. Resident Engineer $147 ‐ $2ϴϯ Sr. Project Assistant $91 ‐ $1ϯϬ ** Inspector ‐ CM $147 ‐ $2ϴϯ Project Coordinator $88 ‐ $1ϯϴ RE/Structural Representative $192 ‐ $3ϰϯ Graphic Designer $94 ‐ $1ϱϱ Project Manager ‐ CM $192 ‐ $ϯϭϬ Sr. Technical Writer $94 ‐ $1ϲ9 Sr. Project Manager ‐ CM $206 ‐ $3ϰϯ Project Accountant $94 ‐ $1ϱϱ Area Manager ‐ CM $289 ‐ $4ϰϳ Sr. Project Coordinator $118 ‐ $1ϲϱ Division Manager ‐ CM $265 ‐ $3ϰϯ Sr. Graphic Designer $106 ‐ $ϭϴϵ Sr. Project Accountant $147 ‐ $2ϭϯ
District Management Services Sr. Graphic Manager $133 ‐ $ϮϬϳ ** Inspector ‐ Apprentice $62 ‐ $ϭϬϬ
** Inspector $91 ‐ $ϭϯϰ Urban Planning/Landscape Architecture Services ** Sr. Inspector $115 ‐ $1ϱϴ Landscape Intern $44 ‐ $8ϲ Assistant Sanitary Engineer $130 ‐ $1ϳϱ Landscape Designer I $77 ‐ $1ϭϬ Associate Sanitary Engineer $144 ‐ $ϮϬϳ Landscape Designer II $100 ‐ $1ϯϬ Sanitary Project Engineer $144 ‐ $2ϯϳ Landscape Architect $103 ‐ $1ϴϵ Sr. Sanitary Project Engineer $183 ‐ $2ϴϮ LAUD Project Manager $174 ‐ $Ϯϯϳ Operations Manager $209 ‐ $ϯϭϯ Sr. LAUD Project Manager $206 ‐ $2ϲϴ Deputy District Manager $259 ‐ $3ϯϳ LAUD Division Manager $230 ‐ $2ϳϭ District Manager‐Engineer $289 ‐ $3ϱ7 Sr. LAUD Division Manager $242 ‐ $ϯϬϮ Grant Writing Services Special Services
Funding Specialist $14Ϭ ‐ Ψϭϰϴ Expert Witness $440 ‐ Ψϰϲϲ Sr. Funding Specialist $170 ‐ ΨϭϴϬ Strategic Consulting $440 ‐ Ψϰϲϲ Note: Additional Promotional Steps Exist within Various Rate Categories Reimbursables including, but not limited to:
Reproductions, Delivery and Filing Fees Cost Plus 5% Outside Consultant Fees Cost Plus 5% Mileage Per IRS Rate Survey Field Expenses Cost Plus 5%
EXHIBIT A
Mark Thomas & Company, Inc. Rate Schedule
Expires June 30, 202ϯ*
HOURLY CHARGE RATE RANGES
OTHER DIRECT COSTS
*Rates subject to escalation with new hourly rate schedule as of July 1, 202 **These charge rates are subject to Prevailing Wage laws and Union contract. PAGE 1 OF 1
RATE SCHEDULE (W)
Rate Schedule
Labor Classification
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
Hourly
Rate
2022 2023 2024 2025 2026
Principal $250 $258 $265 $273 $281
Principal Engineer $250 $258 $265 $273 $281
Project Manager $245 $252 $260 $268 $276
Project Engineer $221 $227 $234 $241 $248
Senior Construction Manager $205 $211 $217 $224 $231
Construction Manager $175 $180 $186 $191 $197
Senior Engineer $203 $209 $215 $221 $228
Senior Field Engineer / Inspector $170 $175 $180 $186 $191 Field Engineer / Inspector $155 $160 $164 $169 $174
Associate Engineer $155 $160 $164 $169 $174
Staff Engineer $140 $144 $148 $153 $157
Financial Analyst $128 $132 $136 $140 $144
Senior Designer / Senior CADD
Technician $110 $114 $117 $121 $124
Designer / CADD Technician $102 $105 $109 $112 $115
Assistant Engineer $101 $104 $107 $111 $114
Engineering Technician $93 $96 $99 $102 $105
Engineering Aide $79 $81 $84 $86 $89
Office Support $79 $81 $84 $86 $89
Data or Word Processing $77 $79 $81 $84 $86
AKM
Staff
Year 1 Rate
(Fully Burdened Labor)
Year 2 Rate
at 3% Increase
Year 3 Rate
at 3% Increase
Principal-in-Charge $ 305.18 $ 314.34 $ 323.77
Senior Project Manager $ 228.89 $ 235.75 $ 242.83
Project Manager $ 190.74 $ 196.46 $ 202.36
Deputy Project Manager $ 165.31 $ 170.27 $ 175.38
Creative/Tech Lead $ 165.31 $ 170.27 $ 175.38
Senior Project Coordinator $ 139.88 $ 144.07 $ 148.39
Senior Creative/Tech Coordinator $ 139.88 $ 144.07 $ 148.39 Project Coordinator $ 101.73 $ 104.78 $ 107.92
Creative/Tech Coordinator $ 101.73 $ 104.78 $ 107.92
Assistant Project Coordinator $ 71.21 $ 73.35 $ 75.55
Arellano Associates Rate Schedule 2022
90 RATE SHEET
Please see the following Fee schedule for personnel assigned to projects for the City of montebello.
• the above hourly rates are fully burdened or loaded, including full compensation for all overhead and profit. Billing rates shall include provision for normal office costs, including, but not limited to: office rental, utilities, insurance, cell phone or radio, equipment, normal supplies and materials, in-house reproduction services, and local travel costs.
• the proposed hourly rates are guaranteed for the duration of the contract. • the above rates apply to any additional services needed beyond the scope of work.
JOB TITLE HOURLY (NOT TO EXCEED)
Principal architect $160.00
Project manager $150.00
Project designer $125.00
senior designer $110.00
senior technical $100.00
draftsman/autoCad operator $95.00
Other Technical Staff $85.00
structural Engineer $150.00
mechanical Engineer $160.00
Electrical Engineer $160.00
“Other” Sub-Consultant $150.00
Clerical Staff $80.00
Prints $0.50/s.f.
BLACk O’DOwD AND ASSOCIATES, INC.
DBA BOA ARCHITECTURE
1511 Cota avENUE
LoNg BEaCh, Ca 90813
Ph: 562-912-7900
POINT-OF-CONTACT:
Edward Lok Ng, PrEsidENt
[email protected]
CITY OF MONTEBELLO
400 E Rincon St, Ste 202
Corona, CA 92879
Land Surveying – Pricing Proposal
Billing Rates
Project Classification/Title Straight Time Overtime
Principal In Charge $ 201.59 N/A
LS Project Manager $ 210.32 N/A
Survey Tech $ 134.39 $ 201.59
Certified Party Chief 1 $ 167.48 $ 251.22
Certified Party Chief 2 $ 154.04 $ 231.06
Party Chief $ 148.53 $ 222.80
Chainman $ 137.83 $ 206.75
Chainman App Step 1 $ 57.90 $ 86.85
Chainman App Step 2 $ 67.55 $ 101.33
Chainman App Step 3 $ 77.20 $ 115.80
Chainman App Step 4 $ 86.94 $ 130.41
Chainman App Step 5 $ 95.10 $ 142.65
Chainman App Step 6 $ 103.37 $ 155.06
Chainman App Step 7 $ 110.26 $ 165.39
We look forward to the opportunity to work with your firm. We are a Certified MBE SBE DBE firm and are a signatory to the Operating Engineers, Local 12 Labor Agreement.
Thank you for your consideration of this proposal. If you have any questions or would like additional information, please contact us at (909) 484-4200.
CL SURVEYING AND MAPPING, INC.
Lam Le LS 8231
DIR: 1000007166 Exp. 06/30/22
DBE 38284
President
17800 Newhope Street, Suite B, Fountain Valley, California 92708 z Tel: (714) 751-3826 z Fax: (714) 751-3928 EARTH MECHANICS, INC.
SCHEDULE OF FEES
June 2022 – June 2023
Classification Hourly Billing Rate
Principals $300
Principal Engineers/Geologists $300
Senior Engineers/Geologists $225
Senior Project Engineers/Geologists $193
Project Engineers/Geologists $175
Senior Staff Engineers/Geologists $159
Staff Engineers/Geologists $133
Senior Technicians* $154
Technicians* $77
Administrative Assistants* $129
* Non-exempt staff subject to overtime pay per California law.
Reimbursable Expenses
Auto mileage is invoiced at IRS rate per mile. Other travel-related expenses, shipping, reproduction, express mails, supplies and other reimbursable expenses will be invoiced at cost.
Subcontractors
Consultants and other outside services will be invoiced at cost.
Firm: GPA Consulting
Classification
Principal Environmental Planner $ 219.59 (min) $ 334.93 (max) Principal Architectural Historian $ 219.59 (min) $ 334.93 (max) Senior Associate Environmental Planner $ 159.69 (min) $ 249.12 (max) Senior Associate Architectural Historian $ 159.69 (min) $ 221.44 (max) Senior Associate Biologist $ 159.69 (min) $ 221.44 (max) Senior Environmental Planner $ 119.25 (min) $ 179.92 (max) Senior Architectural Historian $ 119.25 (min) $ 179.92 (max) Senior Biologist $ 119.25 (min) $ 179.92 (max)
Senior GIS Analyst $ 119.25 (min) $ 179.92 (max)
Associate Architectural Historian $ 97.27 (min) $ 119.25 (max) Associate Biologist $ 97.27 (min) $ 119.25 (max)
Associate Environmental Planner $ 97.27 (min) $ 119.25 (max) Environmental Planner $ 59.87 (min) $ 97.27 (max)
Biologist $ 59.87 (min) $ 97.27 (max)
Architectural Historian, II $ 59.87 (min) $ 97.27 (max) Architectural Historian, I $ 58.13 (min) $ 72.66 (max)
Project Coordinator $ 86.78 (min) $ 119.25 (max)
Intern $ 55.36 (min) $ 58.13 (max)
Other Direct Costs to be billed At Costs
Postage/Delivery
Reproduction/Materials and Outside Copies
Travel (Airfare, Hotel, Rental Car)
Public Outreach Exhibits
Record Search
Permit/Filing Fees
Subconsultants
Mileage Costs - Billed as IRS Allowable
Fully Loaded Salary Rates
(Min - Max)
Standard Fee Schedule
LIN Consulting, Inc.
Standard Fee Schedule for Year 2022 – June 30, 2023
STAFF LEVEL HOURLY RATE
Principal $ 215
Senior Project Manager $ 205
Project Manager $ 195
Senior Engineer $ 185
Assistant Project Manager $ 170
Project Engineer $ 145
Assistant Engineer $ 120
Technical Support $ 100
Administrative Support $ 65
The above rates are effective to June 30, 2023. After the date specified, the labor rates may be adjusted to compensate for labor adjustments and other increases in labor costs.
The cost of printing, mileage, mailing and other expenses incidental to the performance of the services are not included in the hourly rates of above listed hourly rate schedule.
MONUMENT RIGHT-OF-WAY
2022 HOURLY RATE SCHEDULE
Right of Way Management & Implementation
Program Manager / Principal $250.00 per hour
Senior Project Manager $180.00 per hour
Senior Utility Project Manager $180.00 per hour
ROW Project Manager / Utility Project Manager $155.00 per hour Utility Coordinator $105.00 per hour
Senior Acquisition Agent / Senior Relocation Agent / Senior Analyst $125.00 per hour
Acquisition Agent / Relocation Agent $105.00 per hour
Project Coordinator / Researcher $90.00 per hour
Project Support / Administrative
Professional Staff $80.00 per hour
Project Support Specialist $70.00 per hour
The above hourly rates are exclusive of local travel/mileage, photocopying, first class postage and overnight courier service. These expenses including out-of-pocket expenses such as pre-approved travel and lodging, outside exhibit preparation, requested overnight courier or registered and/or certified mail (return receipt requested) charges, and specialty reproduction (unless otherwise specified) are in addition to the contract amount and will be charged at cost plus ten percent (+10%) for administration, coordination, and handling. Subcontracted services, other than those listed above, will be invoiced at cost plus ten percent (+10%).
In the event Monument is required to perform any act in relation to litigation arising out of any project with the Client (for example, expert consulting, responding to a complaint, or proceeding with discovery and trial), such services are not part of this contract, nor are they part of our normal fees.
If required, these types of services will be invoiced at two times the regular hourly rates.
In the event this contract extends twelve (12) months beyond the initial date of execution, the hourly rates and any remaining amount in the contract shall be adjusted upwardly by five percent (5%) per annum, compounded annually, on the anniversary date of this contract.
Written communication services in other languages would be an additional cost and would be billed separately based on quoted hourly rates by independent translation services. Verbal communication in Spanish, if necessary, will be included at no additional charge.
Monument will submit monthly invoices for the professional and trade services rendered based on the hourly rate schedule provided above. The client shall promptly pay the uncontested amount due within no more than thirty (30) days after receipt of invoice. Upon completion of services, the remaining unbilled amount of the project balance shall become immediately due and payable.
RATE SCHEDULE WORKSHEET
SOLICITATION NO. 22-8
TITLE OF SOLICITATION
City of Montebello On-Call Architectural and Engineering Design Services
NAME OF OFFEROR
TATSUMI AND PARTNERS, INC.
HOME OFFICE ADDRESS
49 DISCOVERY, SUITE 120, IRVINE, CA 92618
POINT OF CONTACT
NAME: BEVERLY KAWAMOTO
PHONE/EMAIL: 949-453-9901/[email protected]
EMPLOYEE NAME CLASSIFICATION
2022 FULLY
LOADED RATE
David Tatsumi Senior Principal $288.42
Michael Aceves Senior Associate $177.91
Sambath Ork Senior Technical Staff $132.83
Jimmy Ogata Senior Designer $132.83
Weywantheawy Kang Technical Staff III $117.65
Kenton Quinn Technical Staff III $113.09
Alexa Miranda Flores Technical Staff I $92.60
Guadalupe Rodriguez Technical Staff I $92.60
REIMBURSABLES
GPS Tree Location Equipment As Needed: Rate/Day $123.91 Mileage 500 miles @ .585/mile $292.50
W. G. ZIMMERMAN ENGINEERING, INC.
7812Edinger Avenue, Suite 302, Huntington Beach, CA 92647 T: 714-799-1700 | F: 714-333-4712 |www.wgze.com
City of Montebello | On-Call Architectural and Engineering Design Services Standard Hourly Rate Sheet
Classification Rate
Principal $ 240.00/Hr
Registered Traffic Engineer $ 240.00/Hr
Senior Project Manager (Registered) $ 236.00/Hr
Project Manager (Registered) $ 215.00/Hr
Senior Project Engineer (Registered) $ 209.00/Hr
Project Engineer $ 175.00/Hr
Senior Associate Engineer $ 155.00/Hr
Senior Design Engineer $ 148.00/Hr
Design Engineer $ 143.00/Hr
CADD Manager/Senior Designer $ 148.00/Hr
Microstation CADD/Technician $ 148.00/Hr
Administration/Office Support $ 99.00/Hr
Non-Labor Expenses
Mileage (local) Federal Rate¢ per Mile
Printing Cost plus 5%
Reproduction (Blue lines) Cost plus 5%
Other Expenses (such as sub-consultants,
outside services or special equipment needs) Cost plus 5% *The above rates will be held for the duration of the contract.
April 7, 2023
Rita Montalvo, PE
Assistant Public Works Director
City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640
RE: Lincoln Avenue Realignment
Dear Rita:
We are pleased to submit our scope of services and fee proposal to provide 95% plan check services for the realignment of Lincoln Avenue. The lead agency is the United States Army Corps of Engineers (USACE) and the lead consultant is AECOM (Consultant). The following scope, fee and schedule are based upon the review of the construction elements related to the realignment that will be owned and maintained by the City of Montebello.
Scope of Work
1. 95% Submittal Documents
1.1 95% Reports: Review and confirm the 65% comments are incorporated. Review and check for new items added to the reports. Review the report to verify that the design is consistent with the City standards and design requirements. Review includes Basis of Design Report, Drainage, Traffic Management and Geotechnical (limited review).
1.2 95% Plans: Review and confirm the 65% plan check comments are incorporated. Provide a review of approximately 121 plan sheets to ensure the design standards are being met and is consistent with the Basis of Design Report. 16 additional sheets are added to the 95% plan set.
1.3 Comment Resolution Meeting: Participate in one comment resolution meeting with the Consultant to reach resolution to outstanding comments.
It is understood that USACE will be bidding and administering the construction. AECOM is fully responsible for providing complete plans, specifications and estimate and all quality control measures.
Schedule
Work will be completed within 3 weeks from Notice to Proceed and receipt of all the documents.
Budget
We have prepared a fee estimate for these services, as detailed on the attached form. The total estimated cost is $39,765.
ATTACHMENT B
PAGE 2 OF 2
Should you have any questions or concerns, please do not hesitate to contact me at (714) 815-5222 or through email at [email protected].
Sincerely,
MARK THOMAS
Pat Somerville, PE
Project Manager
Sr. Engineering Manager
Sr. Technical LeadTechnical LeadSr. Project EngineerProject EngineerDesign Engineer IIProject AccountantSr. Project CoordinatorEMI Sub MarkUp
$361 $252 $204 $177 $157 $135 $123 $138 DBE 5%
1.0 95% PS&E
1.1 95% Basis of Design Report 12 24 24 4 64 $13,548 1,500 $75 $15,123
1.2 95% Plans 16 48 48 112 $23,104 - $0 $23,104
1.3 Comment Resolution Meeting 2 4 6 $1,538 $0 $1,538
0 $0 - $0 $0
Subtotal Phase 1 30 0 76 0 72 0 0 4 182 $38,190 $1,500 $75 $39,765 TOTAL HOURS 30 0 76 0 72 0 0 4 182
OTHER DIRECT COSTS $0 $0 $0
TOTAL COST $10,830 $0 $15,504 $0 $11,304 $0 $0 $552 $38,190 $1,500 $75 $39,765 Total MT
Cost
COST PROPOSAL FOR PROJECT SCOPE: Montebello - Lincoln Avenue Realignment Subconsultants
TOTAL COST Total
Hours
4/8/2023
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ITEM # 20
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Rita Montalvo, Acting Director
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4141 WITH OCEAN BLUE ENVIRONMENTAL SERVICES INC. FOR HAZARDOUS
WASTE MANAGEMENT AND EMERGENCY RESPONSE SERVICES.
DATE: October 11, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4141 (Attachment A) to Ocean Blue Environmental Services, Inc. in an amount not-to-exceed $300,000 for an initial three (3) year term; and
2. Authorize the Acting City Manager to execute the Professional Services Agreement; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The total amount of the contract is a not-to-exceed $300,000 over a three (3) year term.
The contract will be divided into three (3) consecutive one-year periods, with two (2) one (1) year renewal options. The contract will be charged to Account No. 100-30-310- 6040.10 (General Fund, Public Works, Street, Contract Services Outside Contracts). The annual amount of $100,000 was included in the adopted Budget for Fiscal Year 2023-24 and no budget amendment is necessary at this time.
BACKGROUND/DISCUSSION:
The Public Works Department responds to various requests for hazmat services from residents using the "My Montebello App" (Work Order System), Code Enforcement personnel, and the Police and Fire Departments. City staff regularly encounter homeless
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
encampments, chemicals, paints, and other illegally dumped items left in alleyways, streets, and various right-of-way locations within the City. The materials cleaned up by City staff are brought back to the Public Works yard for temporary storage in a safety hazmat container. This waste must be collected in accordance with applicable environmental regulations, including proper labeling, packaging, and offsite transportation to a legal point of disposal every 90 days.
Furthermore, the City requires on-call emergency response services to be performed by a certified contractor that is available 24 hours a day, 365 days of the year for hazmat services. On-call or scheduled coverage allows the City to maintain compliance with regulations regarding the clean-up of hazardous wastes, such as: paint, oil, acid, spill clean-ups, bio-waste, and miscellaneous chemicals.
Therefore, Staff recommends the award of Professional Services Agreement No. 4141 (Attachment A) to Ocean Blue Environmental Services, Inc. (Ocean Blue) for hazardous waste management and emergency response services. Ocean Blue is based out of Long Beach, California, and has provided emergency response services to government entities for over 25 years. Ocean Blue responds to chemical spills, homeless encampments, storm water management and various other waste management situations.
Ocean Blue has offered the City of Montebello the same services and rates as their existing services contract with the City of Santa Ana Department of Public Works (County of Orange). The existing contract between Ocean Blue and the City of Santa Ana (“Agreement to Provide Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services, Attachment D)” was solicited on an open-competitive basis (see Attachment B for the Request for Proposals from the City of Santa Ana).
Municipal Code Section 3.20.125 authorizes the city to “piggyback” onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency. As stated above, Santa Ana’s procurement process for Ocean Blue’s services was done through a competitive RFP process (Attachment D). Furthermore, Ocean Blue has provided written confirmation authorizing the City of Montebello to piggyback (Attachment C). Thus, the City Council may award this professional services agreement in accordance with the Montebello Municipal Code.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council award Professional Services Agreement No. 4141 (Attachment A) to Ocean Blue. Upon approval of the recommended contractor, staff
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 11, 2023
will execute the Professional Service Agreement with Ocean Blue Inc. for hazardous waste and emergency response services.
ATTACHMENT(S)
1. Attachment A - Agreement No. 4141
2. Attachment B - RFP 21-004 City of Santa Ana
3. Attachment C - Approval to Utilize Piggyback Agreement
4. Attachment D - Ocean Blue-Santa Ana Agreement A-2021-097-01-RFP Response NEXT STEPS:
N/A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4141
WITH OCEAN BLUE ENVIRONMENTAL SERVICES, INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on October 11, 2023 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and OCEAN BLUE ENVIRONMENTAL SERVICES, INC (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 hazardous waste management and emergency response services in the CITY; and WHEREAS, the CONSULTANT currently has a contract with the City of Santa Ana for hazardous waste management and emergency response services (Contract No. A-2021-097- 01); and
WHEREAS, the CONSULTANT was awarded this contract through an open, competitive process (City of Santa Ana RFP No. 21-004); and
WHEREAS, the CONSULTANT grants the City authorization to make purchase using the same terms and conditions as those listed in the City of Santa Ana contract.
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 any and all addenda or supplemental agreements.
2. City of Santa Ana RFP No. 21-004
3. City of Santa Ana Contract No. A-2021-097-01
4. Proposal referenced and Best Final Offer received by the successful proposer.
5. 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. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide hazardous waste management and emergency response
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 4141
services, as set forth fully in the Request for Proposals, as such is set forth fully in the City of Santa Ana RFP No. 21-004 (Exhibit “A”), hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
b. All terms, conditions, requirements, and provisions of the City of Santa Ana Contract No.
A-2021-097-01 (Exhibit “B”) dated June 15, 2021, are hereby incorporated fully herein by this reference and shall be binding on the Parties. 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.
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 not 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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 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 “nonrefundable” 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 with workers’ compensation insurance or any other insurance.
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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.
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
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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 $1,000,000 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 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]
PROFESSIONAL SERVICES AGREEMENT NO. 4141
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, nonrenewed, 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 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.
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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:
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
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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.
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: Arleen Salazar, Assistant City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 4141
With a copy to: City of Montebello – Public Works
Attn: Rtia Montalvo
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 ext. 469
Email: [email protected]
If to Consultant: Ocean Blue Environmental Services, Inc.
Attn:Justin LEee
925 West Esther Street
Long Beach, CA 90813
(562) 624-4120
Email: [email protected]
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 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
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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]
PROFESSIONAL SERVICES AGREEMENT NO. 4141
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 OCEAN BLUE ENVIRONMENTAL
SERVICES, INC.
Arlene Salazar, Assistant City Manager Justin Lee, President
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – City of Santa Ana RFP No. 21-004
• Exhibit B – City of Santa Ana (Contract No. A-2021-097-01) • Exhibit C – Ocean Blue Environmental Services Authorization Letter
ATTACHMENT B
City of Santa Ana RFP 21-004 Page 2
NOTICE INVITING PROPOSALS
NOTICE IS HEREBY GIVEN that proposals will be received from qualified Contractors for Spill Response, Hazardous Waste Disposal, and Storm Drain Facility Maintenance Services.
Responses to this Request for Proposals (RFP) will be accepted until 4:00pm on Thursday, March 25, 2021.
Proposals must be submitted electronically through the PlanetBids system. No other form of submittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP.
Proposals shall NOT be mailed or sent via telegraphic, electronic, or facsimile means.
All notifications, requests for information, updates and addenda will be posted on the PlanetBids page at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137.
Proposers shall be responsible for monitoring the site to obtain information regarding this solicitation. Failure to respond to required updates may result in a determination of a nonresponsive proposal.
LETTER OF INTENT: As a courtesy to the City, all interested Contractors are encouraged to submit a Letter of Intent of their pending proposal to the noted Project Manager by the required date, as shown on the cover page of this RFP. Letters of Intent shall be sent via certified mail or email and shall include the information below:
1. Use formal company letterhead.
2. Indication of company interest in the RFP.
3. Acknowledgement of candidate's responsibility to monitor the City's website for any amendments or modifications to the RFP.
4. Provision of correct, complete contact information.
Failure to submit a Letter of Intent will not lead to disqualification of the firm.
City of Santa Ana RFP 21-004 Page 3
TABLE OF CONTENTS
I. INTRODUCTION / PROJECT DESCRIPTION 4
II. INSTRUCTIONS TO PROPOSERS 5
A. CITY RESPONSIBILITIES
B. PROPOSER RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSES & PERMITS
F. INSURANCE
G. INFORMATION PACKET
H. PRE-PROPOSAL MEETING
I. CITY RIGHT TO REJECT
J. BID PROTESTS
III. SUBMITTAL REQUIREMENTS 7
A. GENERAL
B. PROPOSAL CONTENTS
1. STATEMENT OF QUALIFICATIONS
2. SCOPE OF SERVICES AND SCHEDULE
3. FEE PROPOSAL
4. CERTIFICATIONS
IV. PROPOSAL REVIEW (CONSULTANT SELECTION) 9
A. EVALUATION AND RATING
B. SELECTION
V. CONTRACT AWARD 9
A. REQUEST FOR COUNCIL ACTION
B. EXECUTION OF AGREEMENT
VI. IMPLEMENTATION 10
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
VII. PUBLIC RECORDS 10
VIII. APPENDIX
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: SAMPLE AGREEMENT
ATTACHMENT 3: CERTIFICATIONS
ATTACHMENT 4: CONTRACT COMPARISON FORM
City of Santa Ana RFP 21-004 Page 4
I. INTRODUCTION / PROJECT DESCRIPTION
Nature of Work:
The City of Santa Ana is seeking qualified contractors to perform spill response, hazardous waste disposal, and storm drain facility maintenance services. A detailed Scope of Work is included in the Appendix of this RFP as Attachment 1.
Number of Proposals and Signature:
Proposals must be submitted electronically through the PlanetBids system. No other form of submittal will be accepted. It is the responsibility of the proposer to ensure that any proposals submitted have been uploaded to PlanetBids prior to the proposal due date and time stated on the cover page of this RFP. Proposals shall be signed by a company official with the power to bind the company. Please be explicit in identifying the appropriate person with legal authority to bind the company.
The proposal fee schedule must be submitted as a separate attachment in the PlanetBids system, and not be included as part of the proposal.
The Statement of Qualifications shall be limited to a maximum of fifteen (15) doublesided pages (excluding front and back covers, section dividers and attachments such as resumes, forms). Font size shall be minimum 11-point Arial. Proposal exhibits shall be maximum 11” x 17”.
Proposal Evaluation and Rating:
The criteria for evaluating the proposals submitted is shown below:
Relevant Project Experience 35%
Firm/Team Experience 30%
Understanding of Need 25%
References 10%
The City has established a proposal review committee to evaluate proposals based on the response to this RFP, which includes adherence to outlined directions and format, and the City evaluation criteria set forth above. A final score will be calculated for each submitted proposal and used to rank the proposers.
After ranking, cost negotiations may begin with the most qualified contractor(s) and only their cost proposals will be opened. Should negotiations fail or result in a price that the
City of Santa Ana RFP 21-004 Page 5
City does not consider fair and reasonable, negotiations will be formally terminated and the City will then undertake negotiations with the next most qualified contractor(s).
Project Funding:
The primary funding source for these services is the City’s NPDES Program budget.
Special project funding sources may vary and shall comply with the funding agency’s requirements. Special conditions may apply. Refer to Attachment 1 (Scope of Work) in the Appendix of this RFP.
Prevailing Wages:
In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Agency and shall be made available to any interested party on request. Contractors shall submit certified payroll to the City for work performed in a timely manner. The City may withhold invoice payment until certified payroll is received.
Term of Contract Agreement:
The City desires to enter into contracts with two selected Contractors for an initial three (3) year term with a City option for one (1), two (2) year extension period. This term is outlined in the Standard Consultant Agreement, as contained in the Appendix of this RFP as Attachment 2.
II. INSTRUCTIONS TO PROPOSERS
A. CITY RESPONSIBILITIES
The City will provide information in its possession relevant to preparation of required information in this RFP. The City will provide only the staff assistance and documentation specifically referred to herein.
B. PROPOSER RESPONSIBILITIES
Point of Contact: The selected proposers will assume responsibilities for all services in its proposal. The selected proposers shall identify a sole point of contact with the greatest knowledge concerning the required service operations and contractual matters, including payment of all charges resulting from the Agreement.
Evidence of Financial Capacity: Proposers may be requested to submit its most recent audited financial statement, evidencing proposer’s financial capacity to fully perform the required services, including provision of equipment and personnel expenses over a ninety (90) day period. If said financial statement does not reflect full ninety (90) day operational capacity, proposer may include a letter of credit as evidence of supplemental capacity.
City of Santa Ana RFP 21-004 Page 6
C. REQUEST FOR INFORMATION OR CLARIFICATION
All questions or requested clarifications shall be made only in writing in the Q&A section located in PlanetBids prior to the deadline for Requests for Information outlined on the cover page of this RFP. No verbal requests will be accepted. Significant interpretations or clarifications will be addressed via addenda to this RFP.
D. ADDENDA
Any significant changes in the RFP from the date of release to the date of submittal will result in an addendum or amendment. As set forth in the Notice Inviting Proposals, notification of such addendum or amendment shall be posted on PlanetBids at https://www.planetbids.com/portal/portal.cfm?CompanyID=20137. Addenda shall become part of the agreement documents.
E. LICENSES & PERMITS
The selected proposers shall be required to obtain a City of Santa Ana Business license within ten (10) business days of selection and must provide a copy to the City’s project manager or designee prior to commencing any work in Santa Ana.
Additionally, Proposers will be responsible for obtaining any licenses/permits required by the Scope of Work.
F. INSURANCE
The Selected Proposers shall provide the required evidence of insurance coverage as set forth in the Scope of Work within ten (10) business days after receipt of notice that the contract has been awarded. Failure to provide the required insurance certificates shall be cause for the annulment of the award and the forfeiture of the proposal guaranty. The City will provide the Selected Proposers with a “New Vendor Checklist”, which outlines insurance requirements.
G. PAYMENT INFORMATION PACKET
The selected proposers shall return a completed payment information packet within ten (10) business days after the successful proposer has received notice that the contract has been awarded.
H. PRE-PROPOSAL MEETING
Should a pre-proposal meeting be scheduled, the date, time, and location is identified on the cover page of this RFP. The meeting will include discussion of the project scope and a question-and-answer session. It is highly recommended that the Proposer’s key team members attend this meeting. Significant interpretations or clarifications will be addressed via addenda to this RFP, as described above in “Section D: Addenda.”
City of Santa Ana RFP 21-004 Page 7
I. CITY RIGHT TO REJECT
The City reserves the right to reject any or all proposals submitted and no representation is made hereby that any contract will be awarded pursuant to this RFP or otherwise.
The City reserves the right to accept or reject the combined or separate components of this proposal in part or in its entirety or to waive any minor inconsistency, informality or technical defect in the proposal.
The City reserves the right to reject, replace, and approve any and all subcontractors. All subcontractors shall be identified in response to this RFP. Subcontractors shall be the responsibility of the selected proposer and the City shall assume no liability of such subcontractors.
J. BID PROTESTS
Proposers with concerns or rebuttal of any staff determination of non-responsiveness or non-responsibility may submit, in writing within five (5) business days, to the Project Manager, any concerns regarding the RFP process or staff determination. Such writing shall be considered by the City Manager or her designated representative, and may be acted upon within five (5) business days. If no action is taken within such time, there shall be no change to the staff determination. The exercise by the Proposer of its right to submit written concerns shall be a condition precedent to seeking judicial review of any award of a contract hereunder.
III. SUBMITTAL REQUIREMENTS
A. GENERAL
1. The number of Proposal Copies and signature is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
2. Deadline:
Proposals are due to the City of Santa Ana via PlanetBids at the date and time specified in the Notice Inviting Proposals.
B. PROPOSAL CONTENTS
The proposal format and page limitation, if any, is specified in:
RFP SECTION I - INTRODUCTION / PROJECT DESCRIPTION
1. STATEMENT OF QUALIFICATIONS