CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, OCTOBER 25, 2023 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL
David N. Torres, Mayor
Scarlet Peralta, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Salvador Melendez, Councilmember
Georgina Tamayo, Councilmember
ACTING CITY MANAGER
Arlene Salazar
CITY TREASURER
David Matanga
CITY ATTORNEY
Arnold M. Alvarez-Glasman
CITY CLERK
Christopher Jimenez
DEPARTMENT HEADS
Fire Chief
Police Chief
Director of Finance
Director of Human Resources
Director of Planning/Community Development
Acting Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
Rita Montalvo
David Sosnowski
Adrianna Kendricks
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NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.
RULES OF DECORUM:
Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.
Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.
Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:
Agendas, Minutes, and Videos,
October 25, 2023: City Council Meeting Page 3 of 7
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER - 6:00 P.M.
ROLL CALL
ANNOUNCEMENT OF CLOSED SESSION ITEMS
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
CLOSED SESSION
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Creswell, Vernon v City of Montebello
State Case No. BC673051
State Lead Case No. Consolidated with 20STCV49254
Federal Case No. 5:22-cv-00787
2. CONFERENCE WITH LABOR NEGOTIATOR
Government Code Section 54957.6
Agency Negotiators: Arlene Salazar, Acting City Manager; Nicholas Razo, Director of Human Resources Employee Organization: SMART-TD
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
3. OATH OF OFFICE FOR MIA FLORES, YOUTH AND EDUCATION COMMISSIONER
4. MCAP QUARTERLY UPDATE
5. INCLUSIONARY HOUSING PRESENTATION
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.
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The City Council will address non-agenda items during this section and speakers will be called in the order received. Those persons not accommodated during this 30-minute period will have an opportunity to speak under “Public Comments – Continued”, after all scheduled matters have been considered. Public Hearing, Regular Business and/or Consent Calendar items will be addressed at the time that matter of business is heard, in the order received.
Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
REGULAR BUSINESS
6. FISCAL YEAR 2023-24 FIRST QUARTER BUDGET REPORT
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file this agenda report and presentation on the Fiscal Year 2023-24 First Quarter Budget Report; and,
2. Take such additional, related action that may be desirable.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.
7. FIRST QUARTER FISCAL YEAR 2023-24 TREASURER'S REPORT (AS OF SEPTEMBER 30, 2023)
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2023 (First Quarter of Fiscal Year 2023-24).
8. AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4152 FOR A PARK AMENITIES ACCESSIBILITY ASSESSMENT (RFP NO. 24-2) TO "COMMUNITY WORKS GROUP DESIGN"
RECOMMENDATION: It is recommended that the City Council:
1. Award Professional Services Agreement No. 4152 to "Community Works Design Group" in an amount not-to-exceed Seventeen Thousand Four Hundred Forty Five Dollars ($17,445) annually for a Park Amenities Acessibility Assessment; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $17,445 in Account No. 100-70-700-6040.10; and
4. Take such additional, related action that may be desirable.
9. UNINTERRUPTED POWER SYSTEM (UPS) REPLACEMENT - MONTEBELLO POLICE DEPARTMENT 911/COMMUNICATION CENTER
RECOMMENDATION: It is recommended that the City Council:
1. Determine and find that the replacement is of an emergency nature and required to prevent interruptions to the Montebello Police Department 911/Communication Center; and
2. Authorize the City Manager to execute a professional service agreement with Computer Protection Technology for the replacement of the uninterrupted power system (UPS) and Amend the Fiscal Year
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2023-2024 budget by increasing appropriations by $222,134.96 in Account No. (230-99-847-6010.10) for the emergency replacement; and
3. Take such additional, related action that may be desirable.
10. APPROVE PURCHASE OF REPLACEMENT POLICE DEPARTMENT VEHICLES
RECOMMENDATION: It is recommended that the City Council:
1. Approve the purchase of two (2) vehicles from Ford of of Montebello (Ford Explorer) and Camino Real Chevrolet (Chevrolet Tahoe) for use by Police Department administrative (command) staff; and
2. Authorize the surplus of unneeded or otherwise unnecessary police vehicles; and
3. Take such additional, related action that may be desirable.
11. APPROVAL OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS), SELECTIVE TRAFFIC ENFORCEMENT
PROGRAM (STEP) GRANT FUNDS UTILIZATION
RECOMMENDATION: It is recommended that the City Council:
1. Approve the use of grant funding awarded to the Police Department by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT24122, in the amount of $145,000; and
2. Amend the Fiscal Year 2023-24 budget and increase appropriations by $145,000 in grant Account No. 265-8013-800, OTS-STEP Grant, PT24122 FY 2023-24 (Overtime, Other Direct Costs and Travel and Meetings); and
3. Take such additional, related action that may be desirable.
12. APPROVE ISSUING A BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES REQUEST FOR PROPOSAL (RFP) NO. 24-7
RECOMMENDATION: It is recommended that the City Council:
1. Approve issuing a Bus Stop Improvement Project (BSIP) Consulting Services Request for Proposal (RFP) No. 24- 7; and
2. Take such additional, related action that may be desirable.
13. AMEND THE FISCAL YEAR 2023-24 TRANSIT CAPITAL IMPROVEMENT PROGRAM BUDGET FOR
VARIOUS PROJECTS
RECOMMENDATION: It is recommended that the City Council:
1. Amend the Transportation Department Capital Improvement Program (CIP) budget for Fiscal Year 2023- 24 by increasing appropriations in the various accounts as detailed on Attachment A in the total amount of $10,790,471; and
2. Take such additional, related action that may be desirable.
14. APPROVE ISSUING A REQUEST FOR PROPOSALS FOR AN ART ADVISORY CONSULTANT TO SUPPORT
AND FACILITATE THE ART IN PUBLIC PLACES PROGRAM AND PERFORM ADDITIONAL RELATED AS-
NEEDED SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve issuing a Request for Proposals (“RFP”) for an Art Advisory Consultant to Support and Facilitate the Art in Public Places Program and Perform Related As-Needed Services; and,
2. Take such additional, related action that may be desirable.
15. ADOPT RESOLUTION NOS. 23-76 AND 23-77 APPROVING THE JOB SPECIFICATION AND SALARY
RANGE FOR THE FULL-TIME EQUIVALENT CLASSIFICATION OF ELECTRICIAN AND PLUMBER
RECOMMENDATION: It is recommended that the City Council:
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1. Adopt Resolution No. 23-76 approving the job specification for the full-time equivalent (FTE) classification of Electrician and Plumber; and
2. Adopt Resolution No. 23-77 approving the compensation plan to include the salary range for both the FTE classification of Electrician and Plumber (Range 27: $63,242 – $78,980); and
3. Take such additional, related action that may be desirable.
16. APPROVE AGREEMENT NO. 4158 WITH FLO-SERVICE, INC. FOR MAINTENANCE AND REPAIRS FOR THE SEWER LIFT STATION AT 348 E. LINCOLN AVENUE
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No.4158 with Flo-Services for repairs for the Sewer Lift station at 348 E. Lincoln Avenue at Sanchez Drive in the total amount of $235,432 under the authority of Montebello Municipal Code (MMC) Section 3.20.050(D); and,
2. Approve issuing a purchase order to A-n-W Construction for sidewalk repairs in the amount of $10,818; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $250,000 in Account No. 100-30-340-6040.50 (General Fund, Public Works, Sewer Operations, Contract Services Street Maintenance); and
4. Authorize issuing a request for Proposals (RFP) for the maintenance, operation, and repairs of the four (4) sewage pump stations at Lincoln Avenue at Rancho Drive, Natasha Lane cul-de-sac, Lincoln Avenue at Sanchez Drive, and Grant Rea Park; and
5. Take such additional, related, action that may be desirable.
17. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-75 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED OCTOBER 25, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-75 approving the Warrant Register dated October 25, 2023.
PUBLIC COMMENTS - CONTINUED
AB 1234 TRAVEL REPORTS
Members will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Salvador Melendez, Councilmember
• Georgina Tamayo, Councilmember
• Scarlet Peralta, Mayor Pro Tem
• Angie M. Jimenez, Councilmember
• David N. Torres, Mayor
CLOSED SESSION - CONTINUED
October 25, 2023: City Council Meeting Page 7 of 7
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on November 8, 2023, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, October 29, 2023, no later than 6:00 p.m.
Kimberly Guillen, Senior Deputy City Clerk
EXHIBIT - CITY OF MONTEBELLO FORECASTED AGENDA
Please note, the attached exhibit is a draft version that is to be used for reference purposes only; agenda items, information, and dates are subject to change. The exhibit will be placed at the end of the Agenda Packet. • CITY OF MONTEBELLO FORECASTED AGENDA
ITEM # 6
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: FISCAL YEAR 2023-24 FIRST QUARTER BUDGET REPORT
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Receive and file this agenda report and presentation on the Fiscal Year 2023-24 First Quarter Budget Report; and,
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The Fiscal Year 2023-24 budget was adopted on June 14, 2023. Since adoption, changes (amendments) to the budget have been made. In addition, there are now three months of revenue and expenditure results that allow trends to be analyzed and an updated budget forecast to be presented (i.e., actual results through the first week of October). In addition, presentation of quarterly reports on a regular basis shows good financial stewardship and promotes transparency.
This First Quarter Budget report will focus on the General Fund and will provide updated expenditure and revenue projections for the fiscal year. There will also be a brief discussion of the two enterprise funds which record the activity of the City-owned hotels (Hilton Garden Inn and Home2Suites).
The General Fund budget was adopted with a $628,950 surplus: revenue of $73,316,400 forecasted higher than expenditures of $72,687,450. Since adoption in June, budget amendments have been made to department expenditure appropriations, and new information is available on revenue trends. Updated (unaudited) revenue performance at the June 30, 2023 fiscal year close has provided additional information to update FY
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
2023-24 revenue projections. Also, three months of data provide trends for where expenditures are headed by year-end, allowing for updated estimates to be presented.
The updated expenditure and revenue projections for the General Fund are presented in the table below, as well as the adopted budget for FY 2023-24. In addition, a comparison of the unaudited FY 2022-23 actuals are presented:
The General Fund closed (unaudited) FY 2022-23 with a surplus (revenue exceeding expenditures) of $18,122,641. That includes revenue from the sale of the City’s water system ($16.435 million), sale of a City-owned property in the City of Pico Rivera ($1.269 million) and the use of Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) as the “Revenue Loss” category per the American Rescue Plan Act ($4.613 million).
This surplus will double the amount of available reserves in the General Fund, pushing fund balance to approximately 40% of FY 2023-24 operating revenue. The preparation of final audited financial statements is currently underway, with anticipated completion by the end of the calendar year. Based on unaudited results, General Fund fund balance should grow from $14.716 million as of June 30, 2022 to $32.094 million as of June 30, 2023. Staff will have more precise figures once preparation of the Annual Comprehensive Financial Report (ACFR) is completed and presented to the City Council.
The chart below provides historical context, plotting actual, budgeted and projected General Fund revenues against expenditures from FY 2016-17 to FY 2023-24:
There were slight surpluses pre-pandemic (i.e., prior to FY 2019-20). The large gap between revenue and expenditure actuals in FY 2019-20 shows the impact of lower revenue negatively impacted by the pandemic, plus one-time capital expenditures related
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
to infrastructure projects that utilized the 2009 excess bond proceeds: Taylor Ranch Park project, City Hall roof replacement, Police HVAC replacement, etc.
The surplus in FY 2021-22 and FY 2022-23 continues a positive trend where revenue exceeds expenditures, assisted by the recognition of one-time revenues as described above. The FY 2023-24 1st Quarter projection forecasts another surplus year. Having a General Fund surplus helps build available reserves, placing the City on stronger financial footing as fund balance grows as a percentage of operating revenue.
The paragraphs below present a more detailed discussion of the changes based on 1st Quarter actuals and their impact on the forecast for fiscal year end.
BACKGROUND/DISCUSSION:
N/A
ENVIRONMENTAL:
N/A
ANALYSIS:
At the time the FY 2023-24 budget was adopted on June 14, 2023, revenue and expenditure forecasts were based on April and May information, tempered and informed by prior year and historical data. The closing of the books for FY 2022-23 provides additional, unaudited insight into revenue and expenditure performance. That information along with additional data (i.e., actuals) from July – September allows an updated forecast for fiscal year-end to be presented.
Revenue
Overall, General Fund revenue is projected to be $877,717 higher than the adopted budget ($74.194 million vs. $73.316 million). This increase represents the net impact of changes to revenue accounts across the General Fund. The chart and table below present high-level overviews of General Fund revenue – by totals and major revenue category (see also Attachment A):
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
The largest positive change (in dollars) comes in the Sales Tax category, showing an increase of $490,000 over the adopted budget. The pandemic wreaked havoc with the economy and society over the past three plus years, but retail activity has continued to recover. All three categories of sales tax continue to perform positively: 1% Bradley Burns, Measure H, and Monterey Park Marketplace.
The table below shows sales tax data from FY 2020-21 through FY 2023-24, including the updated 1st Quarter forecast for all three separate sources of sales tax:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
The dollar increases in sales tax projections equates to a 1.9% overall increase (versus adopted budget), with Bradley Burns and Measure H forecasted amounts increasing approximately 0.9% and 1.5% (respectively) over the budgeted amounts. Staff has conferred with its sales tax consultant (HdL Companies) and feel confident in these updated estimates. Moreover, HdL has indicated that when implementing a new Transaction and Use Tax, it can take up to two years for retailers to fully understand and remit the proper amounts. Heading into the fourth full year of Measure H implementation, current trends appear more accurate than at this point in prior fiscal years. Data shows that Measure H consistently trends at approximately 65% of the Bradley Burns total, and projections can be checked using that metric.
Property tax shows a slight decrease of $124,000 when compared to the adopted budget. This decrease is due to re-calibrating FY 2023-24 projections with the unaudited actuals from FY 2022-23. Using last year’s secured property tax totals of $4.954 million, and applying a 3.0% assessed value (AV) growth rate, returns a projection of $5.100 million, which is slightly lower than the adopted budget amount of $5.229 million. The adopted budget amount was developed utilizing data from April and May of 2023, and without the benefit of FY 2022-23 year-end actuals. The 3.0% AV growth is a conservative estimate, and additional data will be available after December to assist in updating property tax revenue projections.
The $25,000 decrease in the Franchise Taxes category is from a slight downward adjustment to the Cable Franchise tax amount, based on FY 2022-23 actuals. However this category will continue to grow with the addition of the new SB1383 organic waste related franchise fee. The City received $189,000 in FY 2022-23, based on a partial year of remittances, combined with it being the first year of collection. The SB1383 organic waste franchise amount is projected at $300,000 for FY 2023-24 and represents a new, ongoing source of General Fund revenue.
The increase of $327,000 in the Licenses and Permits category is due to improved performance across the various “building permit” categories: plumbing, electrical, mechanical, etc. As with last fiscal year, there are some relatively large, one-time permits related to the Montebello Hills and Topgolf developments. These larger permits are not typical, and staff does not build budgets around the totals that include these one-time permits – especially the ones related to Montebello Hills. However, they do help with annual revenue and the General Fund benefits from that activity. As with the FY 2022- 23 budget, the FY 2023-24 revenue budget for this category was built utilizing “typical” annual revenue totals. Anything received above and beyond the “typical” amounts will help overall projected totals for the current fiscal year.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
There is an additional source of new (continuing) revenue to the General Fund: fees related to digital billboards that will net the City $50,000 annually in on-going revenue. This new revenue stream is included in the FY 2023-24 forecast and contributes to the increase of $120,000 in the Charges for Services revenue category.
Transfers In (non-operating) revenue will increase slightly by $100,000. This particular Transfer In reimburses the General Fund for pension related expenses, utilizing revenue from the Property Tax Override. Staff conducts a quarterly “true-up” of all pension related expenses and transfers in that amount from the Retirement Fund (Fund 205). First quarter trends, along with FY 2022-23 totals, support increased pension reimbursement for the current fiscal year.
The additional $877,000 in General Fund revenue projected for FY 2023-24 is a positive sign of the recovering economy, improved City operations, addition of new ongoing and one-time sources of revenue and other related changes. Staff will continue monitoring actual revenues, and will present an updated forecast with the 2nd Quarter (mid-year) budget update.
Expenditures
General Fund expenditures are projected to be $73,679,077 for FY 2023-24 (Attachment B). This $991,627 (1.4%) increase over the adopted budget takes into account budget amendments approved by the City Council since July, encumbrance rollovers from the prior year, and updated forecasts for various line-item expense categories. The amended budget total is $74,998,361 ($2,319,911 increase over the adopted budget).
About $1.278 million of this $2.320 million increase to the adopted budget is from encumbrance roll-overs (open purchase orders) in the Public Works (vehicle purchase, engineering services, sewer maintenance), Community Development (general plan update) and Fire (communications back up batteries, building services) Departments. The purchase order/encumbrance rollover process is standard and occurs at the end of each fiscal year, allowing for previously approved purchase orders to be completed on projects/work that spans fiscal years. The remaining $1.042 million in budget amendments are from FY 2023-24 City Council actions related to:
o Care Solace mental health services ($64,250)
o Police Department headquarters water damage repairs ($300,000) o Brownfield study engineering services ($125,000)
o Local Hazard Mitigation Plan preparation ($85,000) o Vehicle fleet repair services ($342,300)
The chart below provides a historical trend back to FY 2016-17 of General Fund expenditures:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
The table below shows – by Department/operational area – prior year actuals and budget as well as the updated FY 2023-24 projections based on actuals through October. The “Variance” column shows whether the 1st Quarter projected amount is greater than (positive amount) or less than (negative amount) the adopted budget:
For Administration (which includes the City Manager’s office, City Attorney and elected officials), the primary reason for estimated expenses coming in under the amended budget amount is salary savings. The FY 2023-24 budget was built utilizing a full year (12 months) of salary and benefits for the City Manager position. The Non- Departmental projected overage is from two primary sources: payment of a $350,000 settlement agreement (second of two payments) and expense of remaining 2009 excess bond proceeds as projects are completed (i.e., purchase orders rolled over from the prior fiscal year).
The $399,000 overage in Community Development (comparing to the adopted budget) is from the rollover of the purchase order associated with the preparation of the General Plan Update by Rangwalla and Associates. Based on the latest timeline, the work on this important update should be completed by fiscal year end.
The Finance-Information Technology Department is realizing savings through salary savings in each division. The Finance Division projected salaries based on the
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
assumption of filling vacancies at the beginning of the fiscal year. However, there has been additional staff turnover (i.e., Accountant) combined with recently hired employees being hired at lower than projected starting salaries, as well as later into the fiscal year. The Information Technology Division also has savings due to the elimination of a Director position and moving of divisions to new “home” departments (i.e., Information Technology to Finance and Public Affairs and Parks and Recreation).
The $537,824 variance in Public Works is primarily due to the required water and mold damage repairs to the Police Department building ($300,000). It should be noted that the City has already received $240,000 in reimbursement from its insurance carrier. There is also additional expenses related to plan check services (approximately $200,000). The engineering firm providing the plan check services receives a portion of the plan check revenue. Hence, as noted above, the increased revenue from various plan check and building permits helps offset the increase in plan check service expenses.
The Police Department is projecting $777,435 in expenses over the adopted budget. There has been an increase in salary and overtime expenses, as recent MOU updates have increased base pay for sworn members of the Department. Overtime is trending about 10% over FY 2022-23, and additional months of data will help determine whether this trend holds or is seasonal (i.e., additional overtime needs for summer related community events). Staff will be closely monitoring Police Department expenses and will provide an update with the 2nd Quarter (Mid-year) budget update.
The Fire Department recently received a $5.8 million FEMA grant (SAFER). This funding, spread over three fiscal years, will directly offset full-time firefighter salary and benefit costs. With the recent filling of eleven (11) vacancies, and the anticipated recruiting of eighteen (18) additional firefighters, this grant funding will alleviate General Fund salary expenses for the next three years. A portion of the $1.5 million in SAFER grant funding allotted for FY 2023-24 is contributing to the projected savings in the Fire Department.
It is important to compare 1 st Quarter projected expenditures against the amended budget as well. As noted above, there is approximately $2.311 million in budget amendments so far in FY 2023-24: from a combination of purchase order rollovers ($1.278 million) and City Council approved budget amendments ($1.042 million).
Projected expenditures are estimated to be $1.319 million under the amended budget amount ($73.679 million vs. $74.998 million). The table below presents this information by Department:
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Staff will continue monitoring expenses in each department and will provide an update with the 2nd Quarter report. Whether comparing projected expenses against the adopted or amended budget, it is important to always keep in mind projected revenue. So long as General Fund revenue is projected to exceed forecasted expenditures, then a surplus will be realized at fiscal year-end. This 1st Quarter report shows an expected General Fund surplus of $515,040, as projected revenue has grown to $74.194 million, vs. the adopted budget amount of $73.316 million.
Hilton Garden Inn and Home2Suites (Revenue and Expenditures) The City’s two hotels have revenue and expenditure activity recorded in separate enterprise funds (Fund 620 for Hilton Garden Inn and Fund 625 for Home2Suites). These are separate and independent from each other, and also distinct from any Golf Course or Quiet Cannon operations (which have revenue and expenditures recorded in a separate fund, Fund 610).
To that end, it is useful to present quarterly and annual results for both hotels and provide a comparison to financial results from prior fiscal years. The table below shows quarterly and annual expenditure and revenue results from FY 2019-20 to FY 2022-23 for each hotel:
The Hilton Garden Inn performed well in FY 2022-23, showing a continued recovery from prior years when occupancy was negatively impacted by the pandemic, as well as the required remodel of the hotel where it was closed for six months in 2020. The hotel’s FY 2022-23 unaudited results show $6,655,126 in revenue against $5,832,967 in expenses, for an $822,159 surplus – a threefold increase from the surplus of FY 2021-22 (i.e., $271,072).
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
The Home2Suites hotel performed extremely well last fiscal year, ending with a $4,124,650 surplus ($13,431,144 million in revenue against $9,306,494 million in expenditures). That is an almost twofold increase in ending (unaudited) surplus vs. FY 2021-22 (i.e., $2,280,370)
The continuing economic recovery, especially in the leisure and travel industries as the pandemic’s negative impacts move further into the distance, have had a positive impact on the City’s hotels, allowing for the return to pre-pandemic travel patterns and an increase in occupancy rates and room revenue. Recent data showed a 91% occupancy rate for Home2Suites and an 89% occupancy rate for the Hilton Garden Inn. Staff will continue monitoring the City’s hotels and reporting their performance on a quarterly basis.
SUMMARY:
This 1st Quarter Budget Report provides an overview of General Fund revenue and expenditure performance based on the first three months of FY 2023-24 (July – September). This initial budget “check-in” is an opportunity to update revenue and expenditure forecasts based on prior and current year actuals performance. The General Fund is projected to have a $515,040 surplus (revenue over expenditures) for FY 2023- 24 ($74,194,117 in revenue versus $73,679,077 in expenditures).
Staff will continue monitoring revenue and expenditure trends in the coming months, and will utilize the additional data to provide a budget update for the 2nd Quarter (mid- year). The 2nd Quarter budget report will also serve as the beginning of budget development for next year, utilizing projections to build next year’s budget. City Council is being asked to receive and file this report and presentation
ATTACHMENT(S)
1. Attachment A - Revenue Summary
2. Attachment B - Expenditure Summary
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General Fund Revenue ATTACHMENT A
1st Quarter Budget Update, 10/25/2023
2020-21
Adopted
Budget
2020-21
Actual
2021-22
Adopted
Budget
2021-22
Actual
2022-23
Adopted
Budget
2022-23
Actual
2023-24
Adopted
Budget
2023-24
Actual
FY 23-24 1ST
QTR PROJ
Variance:
Projected
vs. Adopted
SALES TAX
1% Bradley Burns 11,270,000 13,507,132 12,470,000 14,617,152 14,380, 000 14,851,025 14,935,000 1,212,191 15,075,000 140,000 Monterey Park Marketplace 971,000 1,064,486 1,125,000 1,378,534 1,31 6,900 1,525,665 1,300,000 0 1,500,000 200,000 Measure H 6,000,000 7,698,629 7,170,000 9,383,293 9,430,000 9,974,915 9,850,000 755,377 10,000,000 150,000 SALES TAX TOTAL 18,241,000 22,270,247 20,765,000 25,378,979 25,126,900 26,351,605 26,085,000 1,967,568 26,575,000 490,000
PROPERTY TAX
Secured 4,507,000 4,550,175 4,800,600 4,662,929 4,992,600 4,953,607 5, 229,000 0 5,100,000 -129,000 In-Lieu of VLF 7,109,000 7,238,433 7,623,500 7,629,793 7,928,400 7,99 7,213 8,165,800 0 8,165,800 0 Other Property Tax 1,410,000 1,925,957 1,869,000 1,902,406 1,954,000 2,373,748 2,218,000 29,446 2,223,000 5,000 PROPERTY TAX TOTAL 13,026,000 13,714,565 14,293,100 14,195,128 14,875,000 15,324,568 15,612,800 29,446 15,488,800 -124,000 OTHER TAXES 599,000 476,959 610,000 631,085 625,000 650,178 625,000 147,125 625,000 0 FRANCHISE TAXES 2,272,000 2,316,250 2,163,000 2,300,508 2,445,000 3,013,891 3,055,000 62,519 3,030,000 -25,000 LICENSES AND PERMITS 5,172,800 6,105,526 6,342,000 8,239,936 6,868,000 9,514,255 7,651,000 1,810,664 7,978,000 327,000 FINES AND FORFEITURES 2,600,000 2,301,787 2,250,000 2,499,502 2,920,000 3,389,726 2,940,000 421,993 2,940,000 0 INVESTMENT INCOME 150,000 77,455 225,000 16,846 124,000 665,162 350,000 598,957 350,000 0 INTERGOVERNMENTAL 5,500 1,096,273 7,500 6,311,327 12,000 4,630,077 15,000 73,485 85,825 70 ,825 CHARGES FOR SERVICE 6,894,300 5,770,641 7,066,850 7,248,267 7,720,800 8,024,239 7,940,100 1,088,557 8,060,154 120,054 OTHER REVENUE 2,440,500 9,823,255 3,896,700 2,962,046 3,869,100 22,319,439 4,742,50 0 385,583 4,661,338 -81,162 TRANSFERS IN 4,300,000 3,570,002 4,100,000 3,637,348 4,100,000 4,315,381 4,300,000 0 4,400,000 100,000 TOTAL GENERAL FUND REVENUE 55,701,100 67,522,960 61,719,150 73,420, 972 68,685,800 98,198,521 73,316,400 6,585,897 74,194,117 877,717
General Fund Expenditures ATTACHMENT B
1st Quarter Budget Update, 10/25/2023
2020-21
Adopted Budget
2020-21
Amended
Budget 2020-21 Actuals
2021-22
Adopted Budget 2021-22 Actuals
2022-23
Adopted Budget
2023-24
ADOPTED
BUDGET
2023-24
Amended
Budget
1st Quarter
Projected
Variance:
Projected
vs.
Amended
Administration / Elected 2,184,400 2,264,400 2,473,138 2,354,400 2,703,951 2,736,200 2,221,900 2,284,150 1,999,887 -284,263 Community Development 2,140,800 2,196,848 1,752,274 2,489,820 2,370,062 2,602,450 2,739,200 3,213,632 3,138,806 -74,826 Finance-Information Technology 2,158,800 2,198,750 2,201,468 2,130,300 2,676,890 2,648,900 4,219,450 4,237,067 3,637,053 -600,014 Fire 13,690,200 14,137,070 15,310,306 15,814,270 15,325,501 16,887,400 17, 074,150 17,947,365 16,935,217 -1,012,148 Human Resources 1,312,200 1,534,899 1,742,602 1,928,000 2,172,884 2,298,300 1,684,500 1,714,490 1,656,894 -57,596 Parks and Recreation 4,467,100 4,780,657 5,078,363 5,361,550 5,992,391 3,140,600 4,690,250 4,750,445 4,442,671 -307,774 Police 18,989,500 19,476,126 18,916,427 18,818,950 18,928,868 19,611,000 20, 158,500 20,236,531 20,935,935 699,404 Public Works 8,329,500 9,100,646 9,998,328 9,512,600 10,799,523 14,906,750 16,752, 800 17,381,891 17,290,624 -91,267 Non-Departmental 2,409,000 5,871,599 11,912,014 2,998,800 5,352,367 3,158,500 3,146,70 0 3,232,790 3,641,990 409,200 55,681,500 61,560,995 69,384,920 61,408,690 66,322,437 67,990,100 72, 687,450 74,998,361 73,679,077 -1,319,284
ITEM # 7
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: FIRST QUARTER FISCAL YEAR 2023-24 TREASURER'S REPORT (AS OF SEPTEMBER 30, 2023)
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2023 (First Quarter of Fiscal Year 2023-24).
FISCAL IMPACT:
Attached is a cash report and portfolio summary as of September 30, 2023 (Attachments A and B). This report provides a snapshot at quarter end of the City’s cash position, detailing balances in various accounts and types of investments.
The table below summarizes available cash by major type of account, comparing ending balances for June 2021, 2022 and 2023 and September 2022 vs. 2023. The “General” account combines Bank of the West, Local Agency Investment Fund (LAIF), and various Certificates of Deposit, and represents the most liquid and accessible source of cash for the City to pay ongoing expenses:
As of September 30, 2023, total available cash was $32.103 million greater than the
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
same quarter, prior year (i.e., September 30, 2022). The City’s overall cash position has improved over the years. For example, the June balance for the past eight years is shown below:
Comparing June ending balances from prior years, in 2016 overall cash was $48.156 million, versus $124.430 million as of June, 2023 – a $76.274 million improvement in the City’s available cash position (LAIF, Bank of the West, etc.), or put another way a 258% increase. Comparing September 2016 vs. September 2023 cash balances, there has been a $67.515 million increase in available cash (a 270% increase over the seven year period).
The continuing strength of the City’s cash position is due to a number of reasons. A primary factor is proceeds from Measure H, the City’s ¾ cent transaction and use tax – which began flowing to the city in Fiscal Year 2020-21. Property tax receipts are also up, as overall assessed values in the City continue to grow. The City has also received new or one-time funding from the Federal government for Transit operations (Montebello Bus Lines) and has applied for and received new grants for various purposes. In addition, the recent sale of the City’s water system (February, 2023) and Transit property in Pico Rivera (February, 2023) have added to the overall cash position in the past year.
It should also be noted that monthly cash balances fluctuate, as monthly expenses can vary considerably from month to month, especially when comparing prior years. The City receives numerous grants from Federal, State and local governmental agencies, with expenses and concomitant revenue reimbursement varying depending on the grant award and the particular progress made in the project. In addition, the City’s various debt service payments typically hit the books in November/December and May/June, causing a draw on available cash greater than other “typical” months of the fiscal year.
Despite these natural fluctuations in cash flow, one can see by the tables above that the City’s overall cash position has grown steadily over the past several years and remains at an elevated level that provides additional financial security. This improvement in cash flow ensures daily expenses are easily met, with no danger of having to postpone payments due to lack of liquidity. Sufficient liquidity is just one of many positive signs of the City’s progress towards financial stability and security.
The City receives income from the investment of idle cash. This revenue varies based on balances and current interest rate environments. The General Fund has averaged $159,174 in annual investment income between FY 2015-16 and FY 2023-24. The
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
historically low interest rates of the past decade have limited the amount of revenue received from idle cash investments. However, interest rates have risen markedly in the past twenty-four months, as the Federal Reserve continues to raise the federal funds rate in an effort to combat high inflation. Combined with the large increase in total available cash, the General Fund realized $665,162 in revenue from its investments in FY 2023-
24. The effective rate of return on the City’s investment portfolio as of September 30, 2023 was 1.04%. It is useful to compare these rates of return to various U.S. Treasuries, as a general benchmark. Recent data (October 6) have the 10-year yield at 4.78%, 5-year at
4.75% and the 2-year yield at 5.08%. The inverted yield-curve – where shorter-term treasuries have higher yields than longer-term ones despite carrying lower risk – is not often seen, and is often viewed as a harbinger to recession.
BACKGROUND/DISCUSSION:
State Government Code Section 53600 et al governs the investment of idle cash by local agencies. In addition, local agencies are required to have City Council approved investment policies which further dictate how funds are invested. Government Code Section 53646(b), as well as the City’s investment policy, provide for quarterly reporting of investment activity. The quarterly report, along with details found in Attachments A and B, are designed to provide additional information, comparing current year balances and performance to prior years, etc.
The City of Montebello holds idle cash in various depositories:
• Bank of the West checking accounts (i.e., General used to pay bills, Payroll for bi-weekly payroll, etc.)
• Local Agency Investment Fund (LAIF)
• Multi-Bank Securities (MBS) (i.e., Certificates of Deposit)
The investment of idle cash is predicated on the principals of: liquidity, safety and yield, in that order. The City earns interest from the various deposits, hence the diversification of where cash is held. However, the first and foremost priority is having adequate liquidity to pay daily operating costs: payroll, invoices for goods and services, etc.
Cash flow varies throughout the fiscal year, based on timing of the receipt of revenue.
The receipt of property tax revenue in April and December causes the largest inflow in daily cash, followed by quarterly sales tax “true up” payments (i.e., March, June, etc.), receipt of Successor Agency revenue (Redevelopment Property Tax Trust Fund) in January and June, etc.
Therefore, the City maintains a reasonable balance in its checking account – the most liquid account utilized for daily expenses. The LAIF account with the State Treasurer provides additional liquidity. Depending on cash flow needs, withdrawals or deposits are made from/to the LAIF account into/out of the General checking account. Finally, investment in Certificates of Deposit through a clearinghouse service (i.e., Multi-Bank
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
Securities) provides additional yield with funds not needed for immediate liquidity deposited accordingly (approximately $1.736 million).
The table below provides an overview of the City’s major liquid cash accounts: Bank of the West checking and the two separate LAIF accounts, from June, 2020 through September 2023. The average quarterly balance for the City’s checking account since June 2020 is $13.244 million, more than sufficient to meet weekly expenses.
The City’s Investment Policy was most recently reviewed and approved by the City Council on June 14, 2023. Prior to that, the policy was reviewed, approved and updated on: June 8, 2022, June 23, 2021, October 28, 2020, and August 19, 2019. The Government Code requires an annual review and approval of the investment policy statement – even if no changes are made.
The 2019 approval was the first time the City’s investment policy was updated since 2011, with a previous update done in 2007. These infrequent reviews and updates were clearly in violation of Government Code. Moreover, Staff has endeavored to present a more thoroughly researched quarterly Treasurer’s report, with detailed background and explanations of the various investment accounts – a marked improvement over prior years reports presented with no discussion or analysis.
In an effort to ensure the City complies with State law, the investment policy will continue to be presented annually along with budget adoption (June of each year). This process will ensure an annual review and update (as necessary) of the investment policy by the City Council, ensuring the City complies with State statutes.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
The updated version of the City’s investment policy was submitted to the California Municipal Treasurers Association (CMTA) for consideration of their investment policy review and award program. The CMTA investment policy program utilizes public treasury officials to review public agency policies to ensure they comply with best practices and Government Code. For the first time in the City’s 100 plus year history, the City’s policy was submitted and passed the review with flying colors. Having passed this review process is one more indication of the progress made in achieving fiscal sustainability in Montebello, as its policies adhere to best practices.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
It is recommended that the City Council receive and file the Quarterly Treasurer’s Report for the quarter ending September 30, 2023
ATTACHMENT(S)
1. Attachment A - Monthly Cash Report
2. Attachment B - Portfolio Summary
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ATTACHMENT A
BANK OF THE WEST
Account Number Account Name 9/30/23
1 XXXX-XX770 Housing Successor Agency of the City of Montebello $1,271,352.27 2 XXXX-XX093 Successor Agency of the City of Montebello $480,302.33 3 XXXX-71041 City of Montebello $3,104,123.31
4 XXXX-00184 City of Montebello - FSA $10,922.51
5 XXXX-XX331 General $10,189,195.36
6 XXXX-XX287 Trust & Agency $6,063.99
7 XXXX-XX803 Police Retiree Health Account $785,623.17
8 XXXX-XX267 Payroll $0.00
9 XXXX-XX362 Fire Retiree Health Account $327,725.44
$16,175,308.38
STATE OF CALIFORNIA
Account Number Account Name 9/30/23
1 XX-XX-551 General $75,000,000.00
2 XX-XX-068 Successor Agency City of Mtb for Mtb RDA $14,367,200.23 $89,367,200.23
FIRST MERCANTILE TRUST
Account Number Account Name 9/30/23
XXX-XX-X746 CORPORATE ACCOUNT $12.98
XXX-XX-X999 TRUST ACCOUNT $13,551.48
$13,564.46
Pershing LLC - CDs
Account Number Account Name 9/30/23
CD Enerbank USA (10/9/19-9/13/23) $249,000.00
CD Sallie Mae Bank (10/9/19-9/18/24) $247,000.00
CD RIA Federal Credit Union (10/11/19-10/11/23) $249,000.00 CD BMW Bank North America (10/11/19-10/11/23) $247,000.00 CD Merrick Bank (10/18/19-10/18/24) $249,000.00
CD Morgan Stanley Bank (10/30/19-10/30/24) $247,000.00
CD HSBC Bank USA (5/7/20-5/7/25) $248,000.00
$1,736,000.00
Total General Cash/Investments $90,029,318.67
Total SA Cash/Investments $14,847,502.56
Total HSA Cash/Investments $1,271,352.27
Total T&A Cash/Investments $1,130,335.11
Total Trustee Cash $13,564.46
Total Cash/Investments $107,292,073.07
CITY OF MONTEBELLO
MONTHLY CASH REPORT (ALL ACCOUNTS)
BALANCE AS OF SEPTEMBER 30, 2023
ITEM # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: David Sosnowski, Director of Recreation and Community Services
SUBJECT: AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4152 FOR A PARK AMENITIES ACCESSIBILITY ASSESSMENT (RFP NO. 24-2) TO "COMMUNITY WORKS GROUP DESIGN"
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4152 to "Community Works Design Group" in an amount not-to-exceed Seventeen Thousand Four Hundred Forty Five Dollars ($17,445) annually for a Park Amenities Acessibility Assessment; and
2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $17,445 in Account No. 100-70-700-6040.10; and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total not-to-exceed cost for a Park Amenities Accessibility Assessment (“Assessment”) under the proposed agreement is Seventeen Thousand Four Hundred Forty Five Dollars ($17,445) for the one-year (1-year) term agreement, with the option to extend up to three (3) additional years for annual playground inspections at the not-to- exceed annual cost of Ten Thousand Dollars ($10,000). The first year cost includes the completion of the Assessment and the first year of playground inspections by a Certified Playground Safety Inspector (“CSPI”). The cost for subsequent years will cover only CSPI inspections.
The awarded agreement will be managed by the Recreation and Community Services Department and funded within the Departments Administration Division. A budget
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
amendment is needed to fund the initial Assessment. It is recommended that appropriations be increased by $17,445 in Account No. 100-70-700-6040.10 (General Fund, Parks and Recreation, Administration, Outside Contracts). Future annual playground inspections will be incorporated into future budget requests.
BACKGROUND/DISCUSSION:
On July 31, 2023, the City issued Request for Proposals No. 24-2 (“RFP”) seeking proposals for a Park Amenities Accessibility Assessment. The Assessment aims to make recommendations to the City of Montebello to address any gaps in accessibility by inspecting current park facilities and amenities to assess if there are elements that adversely affect the full participation of individuals with disabilities.
The agreement scope will include a physical accessibility assessment of City facilities and amenities where programs, services, and activities occur to determine any deficiencies in accessibility. The City aims to expand its adaptive programming within the City and the Assessment of amenities such as basketball courts, baseball fields, tennis courts, and playgrounds is a critical step in the process. The consultant will produce a final report which will include all findings, make recommendations to address the findings, and the estimated cost to implement each recommendation.
RFP No. 24-2 was advertised on the City website, Planet Bids and the Montebello News newspaper. Interested bidders were provided the opportunity to submit questions and corresponding answers were published using the City’s online advertising platform, Planet Bids. The RFP closed on August 31, 2023 and the City received five (5) responsive proposals.
ENVIRONMENTAL:
N/A
ANALYSIS:
An Evaluation Committee (“Committee”) was comprised of four (4) City employees within the Department. The Committee assessed the qualifications and expertise of each proposer in performing the services and scope of work called for in the RFP. Each proposal was scored based upon the following criteria, as it related to the scope of work:
1. Qualifications/Experience 60%
2. Reputation for Integrity and Competence 20%
3. Proposed Fees and Charges for Service 20%
From this evaluation process, "Community Works Design Group" has been selected as the most responsive and responsible bidder based upon scored proposals. Community Works Design Group has extensive experience in the development of accessibility assessments and received very favorable references. This company has produced
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
assessments for several municipalities including, but not limited to, the City of Los Angeles, City of Laguna Beach, and County of Riverside Regional Park and Open Space District. The company specializes in parks and recreation projects and demonstrated a thorough understanding of the Department's operations and needs. Staff are confident that "Community Works Design Group" has the qualifications and experience that best meets the needs of the City.
SUMMARY:
Staff recommends that the City Council approve Agreement No. 4152 with Community Works Design Group. for a total not-to-exceed amount of Seventeen Thousand Four Hundred Forty Five Dollars ($17,445) per year, for a Parks Amenities Accessibilty Assessment (attached hereto in substantial form); authorize the City Manager to take actions necessary to execute and finalize the City Attorney approved agreement on behalf of the City; and Amend the Fiscal Year 2023-24 budget by increasing appropriations by a total of $17,445 in Account No. 100-70-700-6040.10; and direct staff to take such additional, and related, actions that may be desirable.
ATTACHMENT(S)
1. Attachment A - Community Works Design Group Agreement in Substantial Form
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CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4152
WITH COMMUNITY WORKS DESIGN GROUP
(RFP No. 24-2)
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on October 25, 2023 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and COMMUNITY WORKS DESIGN GROUP. (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 ret ain a qualified professional consultant to provide a park amenities accessibility assessment for 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 Recita ls c onstitute 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 Agree ment and its Exhibits, including Request for Proposal (RFP ) #24-2, Community Works Design Group proposal, fee schedules, and any and all addenda or supplemental agreements.
2. All other documents, including but not limite d to all applica ble 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 Do cuments, the ord er of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. b. The CONSULTANT shall provide to the CITY all labor, equipm ent, materials and incidental necessary to conduct a feasibility study as set forth fully in RFP #24-2 and the Community Works D esign Group proposal as such is set forth fully in Exhibit “A ” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 4152
c. The CONSULTANT shall be co mpensated an annual amount not -to-exceed Seventeen Thousand Four Hu ndred Forty Fiv e Dollars ($17,445) for performance of the Professional Services as set fort h 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 comm ence upon issuance of a written “Notice to Proceed ” (as further defined below) by the CITY and shall expire one (1) year from the Effective Date, unless terminated earlier as h ereinafter provided. This Agreement may be extended in an annual amount not-to-exceed Ten Thousand Dollars ($10,000), for up to three (3) 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 no t 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 minimu m, g enerally accepted standa rds and practices utilized by companies engaged in providing simila r services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to al l 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 sub consultants to assist i n the completion of services as herein defined. Compensation for additional individuals, consul tants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and of fice notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other tha n 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 non-proprietary work p roduct 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 owner ship of said work product shall be retained by the CITY. The CONSULTANT may take and retain copie s of such written products as desired, but no such written products shall be the subject of a copyright appl ication by the CONSULTANT.
PROFESSIONAL SERVICES AGREEMENT NO. 4152
b. All data, documents, di scussion, or other information developed or received by the CONSULTANT or provided for performanc e of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior writt en consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CI TY 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 Com pensation 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 th e right of general supervision of all work performed by the CONSULTANT and shall be the CITY ’s agent with re spect 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 refus es 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 par ty 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 t he provisions of the Agreement are violated by either party, the non -defaulting Party may termina te the Agreement by serving written notice upon the other Party, listing the vio lation(s) and its intent to terminate such Agreement unless within ten (10) day s after the serving of such notice, such violation shall cease or be rectified, the contract shal l upon the expiration of an additional thirty (30) days cease and terminate. Vi olations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the C ITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the C ITY may take over the work and prosec ute 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 termi nation. This change shall not be construed to prevent the termination, for othe r causes authorized by law or other provisions of this contract. In the event of a termination f or cause, the CONSULTANT shall only be entitled to the Compensation for those Pr ofessional Services satisfac tory 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 Compe nsation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of t he date of termination, less the amount of all prev ious 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 a ny “non-refundable” costs that the
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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 una ble to be seek a refund for such costs. Such “non -refundable” costs may include, but are not lim ited 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 wh ich 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 compensa tion 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 construe d 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 ta xes, FICA, state disability insurance or any other federal, state or local tax or charge which ma y 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 s uch fact a minimum of 14 calendar days prior to commencement of services under t his Agreement.
Failure to p rovide 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 amend ment(s) to this Agreement
PROFESSIONAL SERVICES AGREEMENT NO. 4152
requested by the City in order to comply with all law s and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any em ployee, agent, or sub consultant of the CONSULTANT providing services under this Agreement claims or is deter mined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall inde mnify, 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 sub consultants, 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 ent itled to, and hereby agree t o waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to en roll in PERS as an employee of the CITY and entitlement to any contribution to b e 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 a nd comply with all applicable laws, ordinances, codes, and regulations of the fe deral, 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 n ot 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 boar ds, officers, officials, employees, agents and volunteers from and against any a nd a ll claims, demands, laws uits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the C ITY, its elected and appointed boards, officers, officials, employees, agents an d volunteers may sustain or incur or which may be imposed upon them for injurie s 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 ari sing 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 f rom 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 C G 00 01 covering CGL on an “occurrenc e” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no les s than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
PROFESSIONAL SERVICES AGREEMENT NO. 4152
• 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 E mployer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Lia bility 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 sub consultants, 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 termi nate 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]
Coverage shall not be susp ended, 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 t he CITY as an additional insured. The CONSULTANT
PROFESSIONAL SERVICES AGREEMENT NO. 4152
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 polici es of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and v olunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that th e policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to req uire 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 sub consultants, 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 retenti ons 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 i n 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 e xplanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or ass ignment 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 t he work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in a ny increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
PROFESSIONAL SERVICES AGREEMENT NO. 4152
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 o f any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations bet ween the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, d efault 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, Calif ornia. 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 th is 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 fa ilure 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 per son executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not aff ect any other provision hereof and this Agreement shall be
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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 de livered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upo n such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges tha t it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has bee n admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Eac h 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 conclusiv ely shall be deemed served when delivered via e-mail (an “ Electronic Notice” as further defined below), personally or on the secon d (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: [email protected]
With a copy to: City of Montebello – Recreation & Community Services Attn: David Sosnowski, Director
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-4540
Email: [email protected]
If to Consultant: Community Works Design Group
Attn: Scott Rice
4649 Brockton Ave.
Riverside, CA 92506
(951) 369-0700
[email protected]
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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 no t 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 orient ation. The CONSULTANT will take affirmativ e 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, nation al 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 performe d 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 ha ving 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 covena nt 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 Agreeme nt is held by a court of competent jurisdic tion 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. 4152
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 COMMUNITY WORKS DESIGN
GROUP
René Bobadilla, City Manager Scott Rice, President
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS:
• Exhibit A – RFP No. 24-2 and Community Works Design Group proposal • Exhibit B – Schedule of Compensation
EXHIBIT “A”
RFP No. 24-2
Community Works Design Group Proposal
1 CITY OF MONTEBELLO Request for Proposals RFP No. 24 – 2 Consultant Services – Park Amenities Accessibility Assessment Release Date: Monday, July 31, 2023 Due Date: Thursday, August 31, 2023, at 11 a.m. PST
3 TO PROSPECTIVE PROPOSERS The City of Montebello (“City”) invites proposal submissions under this Request for Proposals (“RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP. DATE OF SOLICITATION July 31, 2023 THE PROJECT Park Amenities Accessibility Assessment PROPOSAL OWNER City of Montebello – Recreation and Community Services Department 1600 West Beverly Blvd Montebello, CA 90640 Attn: David Sosnowski, Director of Recreation and Community Services Contact Phone: (323) 887-1200 Contact E-Mail: [email protected] PROPOSAL CONTACT City of Montebello – Recreation and Community Services Department 1700 W. Victoria Ave., Montebello, CA 90640 Attn: Laurie Aguilar, Management Analyst Contact Phone: (323) 887- 1200 ext. 374 Contact E-Mail: [email protected] Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, August 16, 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 7 4.0 Purpose 8 5.0 Scope of Work 8 6.0 Proposal Submittal 9 7.0 Evaluation of Proposal 10 8.0 Proposal Protests 10 9.0 Execution of Agreement 12 10.0 Insurance 12 11.0 Use of Federal Funds 14 12.0 Non-Commitment of City 15 13.0 Labor Requirements 15 14.0 Records 15 15.0 Subcontractors 16 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 – Parks and Amenities List Enclosure 1 – References Enclosure 2 – Cost Proposal
5 1.0 Notice Inviting Proposals The City of Montebello seeks proposals from qualified consultants to conduct an Accessibility Assessment and Transition Plan of the Recreation and Community Services Department’s facilities and sites, following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response. To view the complete RFP package, please visit: https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective bidders must register with PlanetBids before being able to view or submit a response. Questions must be submitted by Wednesday, August 16, 2023, at 11:00 a.m. PST. ***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS**** Proposals must be submitted via PlanetBids by Thursday, August 31, 2023, at 11:00 a.m. PST. Responses to this request for proposals will be evaluated to determine the Consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.
6 2.0 Introduction The City of Montebello desires to improve adaptive programming and accessibility to parks, events, programs, and other areas. To commence this process, the City seeks a consultant to conduct a physical accessibility assessment of facilities not included in the ongoing ADA Self Evaluation and Transition Plan. The ideal Consultant will conduct an assessment that complies with applicable federal and state regulations and adheres to “best practices” to identify and determine deficiencies in accessibility. 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 500 full-time and part-time employees in public safety, transit, and non-safety functions. Department of Recreation and Community Services Our Mission is to: Strengthen the community through people, parks & programs. The Department strives to provide rewarding programs, services, and facilities that enhance the quality of life for Montebello residents and positively influence the public. Staff are committed to strengthening Montebello's image, offering a sense of community, supporting economic development, increasing public engagement, and promoting health and wellness. The Recreation and Community Services Department is comprised of the following programs and operational areas: Administration The Recreation and Community Services Administration is responsible for the leadership and oversight of a wide range of recreational facilities, parks, programs, services, and Golf Course operations. Staff maintains budgetary control and fiscal responsibility for the Department, grants management, strategic planning, interdepartmental coordination, collaboration with the School District, community sports leagues, the Parks and Recreation Commission, and other community-based organizations. Programs & Services The Department provides innovative community programs, staff-run or contracted classes, and services for people of all ages and developmental abilities that encompass community engagement, leisure, social, and cultural programming, special events, aquatics, camps, educational services, and grant-funded programs such as the Youth Employment Program.
7 Parks & Recreation Facilities The Department of Recreation and Community Services oversees, operates, and coordinates the reservation and rentals of facilities for its community groups, residents, employers, and visitors. Over 84 developed acres are home to ten (10) parks; multiple athletic fields; outdoor pickle-ball, basketball, and tennis courts; an indoor gymnasium; a skate park; two aquatic facilities and a splash pad; a community garden; batting cages; a barnyard zoo; a youth center; and outdoor amphitheater; and a senior center. Senior Services Senior Services are offered to empower and provide senior citizens aged 50 years and over access to physical, leisure, social, and life-enhancing and sustaining programs and services, thus allowing older adults to thrive and age healthfully in the community. To support this, the Montebello Senior Center maintains a schedule of classes, social services, and special events for the senior population. Continuous programs include health screenings, dances, and a variety of exercise/leisure classes. Staff promotes needed senior resource programs to reinforce this group's quality of life, health, and well-being by providing senior citizens assistance, advocacy, and liaison services for various resources related to housing, food, healthcare, and transportation. Special Events The Department of Recreation and Community Services coordinates special events in the Montebello community, festivities that display Montebello's unique heritage and diverse cultures. The current events are the Veteran's Day Program, Memorial Day Program, City Heritage 5K Run, Halloween Fest, Winter Wonderland and Tree Lighting, Independence Day Spectacular, and Downtown Street Fest. Sports Staff coordinates sports programs and field rentals for all community members and sports organizations. Staff have developed and overseen the youth basketball, soccer, t-ball/baseball, and flag-football leagues; adult softball and basketball leagues; and a summer swimming team. 3.0 Timeline • Release RFP Monday, July 31, 2023 • Online Q&A Deadline Wednesday, August 16, 2023,11 a.m. PST • Deadline to Submit Responses Thursday, August 31, 2023, at 11 a.m. PST • City Review of Submissions September 2023 • Interviews TBD (If Necessary) • Notifications Sent to Vendors Early/Mid-October 2023 • Award Late October/Early November 2023
8 4.0 Purpose Through this solicitation, the City of Montebello intends to obtain the services of a qualified consultant to conduct playground inspections of City-owned parks and facilities. Further details regarding the City’s needs can be found in the Scope of Work/Services section. 5.0 Scope of Work/Services The City of Montebello is seeking the services of a consultant to conduct an accessibility evaluation of the locations and amenities listed in Appendix C – Parks and Amenities List. Additionally, the City desires to obtain the services of a Certified Playground Safety Inspector (CPSI) to provide annual playground inspections of facilities within the City. The preferred Consultant will have the responsibility of conducting the following duties and tasks: A. Perform an initial investigation and document review. Aspects of this initial investigation shall include: i. Review existing City accessibility-related documents, facility condition assessments, as-built drawings, and other related and necessary reports. ii. Review all applicable City and regulatory agency policies and procedures related to accessibility, including all local, county, state, and federal policies, laws, regulations, and guidelines. B. Meet with City staff at least three (3) times, including a kick-off meeting, interim progress meeting, and completion meeting. This will be in addition to any required site visits and City staff meetings deemed necessary. C. Develop the procedures and forms needed to conduct field surveys and assessments. D. Conduct assessment surveys with field investigations of identified park amenities and open spaces in Montebello that provide programs, services, or activities to the public, as appropriate. The surveys will identify physical barriers that could limit accessibility. E. Using information obtained via document review, surveys, and general investigations, develop reports which shall include the following: i. Executive summary. ii. Barrier description and severity rating to measure relative impact to access. iii. Digital photograph(s) and documentation of each barrier. iv. Reference drawings/maps showing the specific location of the barrier.
9 v. Proposed solution(s) to eliminate the barrier. vi. Individual cost estimates for each solution. F. Build upon existing information and develop the comprehensive Park Amenities Accessibility Assessment based upon the result of barrier assessments, policy review, and City staff guidance. G. The resulting report shall include all required information necessary information to meet the scope of work outlined in this RFP, which may consist of the following: i. Methodology for the assessment of accessibility. ii. Summary of the findings of the assessment of playgrounds and amenities iii. Recommendations of remedial measures to correct deficiencies and a methodology for prioritizing barrier remediation. iv. Cost estimates of remediation measures. v. Implementation schedule that includes milestones or measures of achievement for monitoring implementation. vi. Procedures for addressing grievances. H. Develop a preliminary cost estimate technical submittal with an executive summary. Microsoft Excel files of all cost estimates shall also be submitted to the City. I. Provide a cost estimate for annual playground inspections of all nine (9) City-owned playgrounds by a Certified Playground Safety Inspector (CPSI). J. Provide five (5) bound copies of the final Accessibility Assessment and editable electronic documents in both Microsoft Word and PDF formats. All data files and project maps associated with the field investigations and facility evaluations shall be delivered to City staff. K. Conduct other tasks and duties, as needed, associated with the project. 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. Consultants planning to submit responses to this request are highly
10 encouraged to submit all documentation before the deadline to avoid technical difficulties/errors. 7.0 Evaluation Criteria The City will establish an evaluation committee to review and 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 each submission 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. Qualifications as they relate to this project (60%) a. Thoroughness and understanding of the tasks to be completed b. Background and experience c. Knowledge of the City of Montebello d. Experience of personnel assigned to the work e. Communication Skills ii. Reputation for integrity and competence (20%) a. Positive Reference Checks b. Work Samples iii. Proposed fees for services (20%) 8.0 Protest Procedures Proposal Protest Procedures (Before Proposal Opening) A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening. 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. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:
11 Mail: Michael Solorza, Director of Finance City of Montebello Attn: Department of Finance 1600 W. Beverly Blvd Montebello, CA 90640 or E-mail: [email protected] B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City 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.
12 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 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
13 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 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 self-insurance, primary or excess, maintained by or available to the City or its
14 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 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-by-case 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
15 • 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 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,
16 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. 16.0 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.
17 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; 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 – Parks/Facilities Locations Enclosure 1 – References Enclosure 2 – Cost Proposal
COMMUNITY WORKS DESIGN GROUP
LANDSCAPE ARCHITECTURE & PARK PLANNING
4649 BROCKTON AVENUE
RIVERSIDE, CA 92506
SUBMITTED BY:
PROPOSAL FOR PROJECT NO: 24-2
CONSUL TANT SERVICES
AUGUST 31, 2023
P ARK AMENITIES
ACCESSIBILITY ASSESSMENT
August 31, 2023
City of Montebello – Recreation and Community Services Department 1600 West Beverly Blvd
Montebello, CA 90640
Attn: David Sosnowski, Director of Recreation and Community Services RE: Proposal for Consultant Services for the City of Montebello Park Amenities Accessibility Assessment
Dear David and Members of the Selection Committee:
On behalf of the firm of Community Works Design Group, LLC (CWDG), organized and based in California, we are pleased to present this proposal to provide Certified Access Specialist (CASp) Support Services for the City of Montebello’s Park Amenities Accessibility Assessment.
We are certain that Community Works Design Group is the perfect fit for this project! Our firm meets the primary requirements of ADA/ CASp experience, with a considerable amount of experience in providing CASp inspections and evaluations for many public facilities, including hospitals, offices, museums, and much more. We currently provide On-Call CASp services to multiple public agencies, including the City of Los Angeles and County of Riverside.
What sets us apart from other firms is that CWDG specializes in the design of outdoor public spaces, such as parks and plazas. Many firms with CASp capabilities are primarily focused on buildings. We are your “go-to” firm for the accessibility evaluation of exterior spaces.
Our CASp services will be spearheaded by CWDG Principal, Scott Rice and will be assisted by Allison Rush. Scott and Allison are two of only three Licensed Landscape Architects in the State of California that hold active CASp Certification. Our team has the time and personnel to meet the City of Montebello’s needs for this important multi- park assessment. We confirm we are in receipt of Addendum #1 dated August 16, 2023.
Please feel free to contact me directly with any questions. We look forward to working with the City of Montebello.
Sincerely,
COMMUNITY WORKS DESIGN GROUP , LLC
Scott Rice ASLA, LEED AP , CASp President
Landscape Architect CA #5111 / NY #2645
Certified Access Specialist CASp-709
[email protected]
l a n d s c a p e a r c h i t e c t u r e & p l a n n i n g | i r r i g a t i o n d e s i g n & a u d i t i n g | c a s p & a d a c o n s u lt i n g 4 6 4 9 b r o c k t o n a v e n u e r i v e r s i d e, c a 9 2 5 0 6 ( 9 5 1 ) 3 6 9 - 0 7 0 0 w w w . c w d g. f u n f e d e r aL i . d. 8 2 - 1 8 5 4 3 3 4 | c aL i f o r n i a b u s i n e s s L i c e n s e n uM b e r 2 0 1 7 1 5 3 1 0 2 7 2
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PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
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COVER LETTER
PROPOSED SCOPE OF SERVICES
RELEVANT EXPERIENCE
COST PROPOSAL
CONFLICT OF INTEREST STATEMENT
TABLE OF CONTENTS
2 5
13 13
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
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PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
1 ABOUT COMMUNITY WORKS DESIGN GROUP
COMMUNITY WORKS DESIGN GROUP , LLC (CWDG)
Landscape Architecture - Planning
4649 Brockton Avenue
Riverside, California 92506
(951) 369-0700
Federal I.D. 82-1854334
California Department of Industrial Relations #: PW-LR-1000707823 State of California Business License Number for Community Works Design Group, LLC: 201715310272 PRINCIPAL: Scott Rice ASLA, LEED AP , CASp - President/ Authorized Signer CONTACT: Scott Rice, LLA #5111 (Licensed 17+ years since 2005; expiration date: 12/31/24) [email protected] | (951) 369-0700 office / (909) 754-1257 cell CWDG has designed over
300
park and public landscape projects
in our 35 year history, including 30 parks
within the past 5 years (2018-present).
Community Works Design Group (CWDG) was
established in 1985 and provides municipal planning
services throughout the State of California. The firm
focuses on Park, Recreation, Streetscape and Trails
Planning projects. CWDG has a ready and available
staff of eight professionals. We draw upon four
Licensed Landscape Architects, a LEED Accredited
Professional, an in-house ISA Arborist, a Certified
Irrigation Designer/Certified Landscape Irrigation
Auditor, a SITES Accredited Professional, and two
Certified Access Specialists (CASp).
Community Works Design Group does what its name
implies - it assists communities with the design of
park projects that Work. Our focus is on park and
recreation and municipal projects and has been since
day one in 1985. We come from your side of the
fence. Scott Rice has served under contract as City
Landscape Architect for City of Highland continuously
since 2005. Our newest Senior Landscape Architect/
ISA Certified Arborist, Dan Burkhart, joined our team
after serving as Senior Landscape Inspector for the
City of Yorba Linda.
Our Director of Community Engagement, Analicia
Escobar-Gomez, joined our team after serving as
the Senior Park Planner for the Riverside County
Regional Park and Open-Space District and working
for the County of Riverside for over a decade.
“Designing your Dreams” starts here at our two story design studio - complete with an indoor spiral slide and a 25’ swing!
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
2 CAP ABILITIES AND PROJECT APPROACH
We have thoroughly examined the City’s RFP in our preparation efforts for this proposal, and see no issues with meeting or exceeding the City’s expectations relating to scope and timeline. As stated previously in this proposal, we have performed on-call accessibility services for a variety of public agencies throughout the past three decades, and pride ourselves on our firm’s ability to remain flexible both in scheduling inspections and providing information in the most suitable formats for each individual public client. We guarantee to hit the ground running in our efforts to support the City of Montebello in their Park Amenities Accessibility Assessment.
RESEARCH: Our in-house CASp, Scott Rice, is thoroughly knowledgable in the field of accessibility, and remains continuously updated on the ever-changing regulations. This includes all Federal accessibility (ADA, ABA, UFAS, etc.) as well as California Building Code Chapters 10, 11A and 11B.
FIELD DATA COLLECTION: Our firm will remain flexible to utilizing whichever tools and data gathering formats will best suit the City’s needs. This may include the use of certain makes/ models of smart levels, measuring tapes, tablet devices, etc. for the sake of maintaining uniformity with other City-contracted consultants.
BARRIER ASSESSMENT: All building and site related barrier assessment will either directly be performed by our CASp, or under the direct review and supervision of our CASp.
COMMUNICATION AND STAKEHOLDER COORDINATION: Our team, led by Scott Rice, CASp-709, prides itself on our diligent, proactive communication efforts. We will be in frequent email and phone communication with the Department on Disability throughout the life of our service contract. We are also available to meet in person at City offices, usually within one day’s notice.
PROGRAMS AND EVENTS, POLICIES AND PROCEDURES: We are seasoned in the evaluation of City programs, events, policies and procedures from an accessibility viewpoint, and are ready to assist the City in ensuring proper compliance is being met.
STAFF TRAINING: We have found that preparing PowerPoint presentations are most helpful in providing accessibility training to staff members, so that training can either be provided in-person or remotely (either via GoToMeeting or by providing digital files for flexibility.
SURVEYS AND QUESTIONNAIRES: We have generated numerous ADA Self-Evaluation forms, which have been refined from previous efforts. We will gladly share our working experience with the City to aid in the preparation of City of Montebello- specific documents for distribution and administration.
RESPONSE TIME
WE ARE FLEXIBLE in our inspection and report preparation efforts. In general, we are able to schedule access inspections within 2-3 business days following the initial request. Depending on the desired method of conveying information back to the City, we will either upload data within 1 business day following the inspection, or prepare a more thorough report within one week of the inspection date.
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
3 The Community Works Design Group team is confident that we can provide the City of Palm Desert with the high level of detail and attention in Professional Design Services that we have provided to our numerous municipal clients throughout our 38 years of experience in park and public landscape planning and landscape architecture.
Our Principal and two of our dedicated Directors/Senior Project Managers hold current Landscape Architect licensure in the State of California:
Scott Rice LLA #5111 Licensed continuously since October 2005 (17+ years) Dan Burkhart LLA #6092 Licensed continuously since August 2015 (7+ years) Allison Rush LLA #6378 Licensed continuously since August 2018 (4 years) Additionally, our staff holds a variety of Certifications that boost our abilities in the Landscape Architectural realm, including the following:
FIRM STAFFING
• SITES Accredited Professional (SITES AP)
• LEED Accredited Professional (LEED AP)
• ISA Certified Arborist (ISA)
• Certified Access Specialist (CASp)
• Certified Landscape Irrigation Auditor (CLIA)
• Certified Irrigation Designer (CID)
• Certified Playground Safety Inspector (CPSI)
CWDG CURRENT TEAM YEARS OF COMBINED EXPERIENCE
YEARS OF EXPERIENCE
0 5
10 15
20 25
30 35
Certi/f_ied Access Specialist
ISA Arborist
Certi/f_ied Irrigation Designer
Plan Check
Public Sector/Embedded Service Roles
Licensed Landscape Architects (4)
(3)
(2)
(1)
(2)
(1)
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
4 B. SITE INSPECTION/ INVENTORY
We will conduct assessment surveys with field investigations of identified park amenities and open spaces in Montebello that provide programs, services, or activities to the public, as appropriate.
The surveys will identify physical barriers that could limit accessibility.
1. One of our Certified Access Specialists (CASp) will review existing conditions to determine what currently complies with the applicable construction-related accessibility standards for each property, and will identify deficient items.
2. We will take photographs of all applicable accessibility-related items, clearly depicting the field measurement for use in determining compliance with codes, and for use in identifying corrective measures within the report described below.
3. Services provided by the Community Works Design Group team for the Parks Amenities Accessibility Assessment will reflect your expectations. As per your request, the process can proceed in an expeditious manner if necessary. We have included a draft schedule for your review and input.
Based on RFP No. 24-2, the services defined within this proposal will be limited to the amenities listed in Appendix C at the associated sites:
PROPOSED SCOPE OF SERVICES
A. INITIAL INVESTIGATION & DOCUMENT REVIEW
We will review existing City accessibility-related documents, facility condition assessments, as-built drawings, and other related and necessary reports.
1. We will review all applicable City and regulatory agency policies and procedures related to accessibility, including all local, county, state, and federal policies,
2. We plan to meet with the City staff at least three (3) times, including a kick-off meeting, interim progress meeting, and completion meeting.
3. # Facility Name Address
1 REGGIE RODRIGUEZ PARK 200 W . MINES AVE, MONTEBELLO, CA 90640 2 HOLIFIELD PARK 1060 S. GREENWOOD AVE, MONTEBELLO, CA 90640 3 CATHY HENSEL YOUTH CENTER 236 GEORGE HENSEL DR. MONTEBELLO, CA 90640 4 MONTEBELLO CITY PARK 1301 W . WHITTIER BLVD. MONTEBELLO, CA 90640 5 GRANT REA PARK 600 REA DR. MONTEBELLO, CA 90640
6 POTRERO HEIGHTS PARK 8051 ARROYO DR. MONTEBELLO, CA 90640 7 ASHIYA PARK 2700 W . BEVERLY BLVD. MONTEBELLO, CA 90640 8 ACUNA PARK 1700 W . VICTORIA AVE. MONTEBELLO, CA 90640
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
5 C. PREPARATION OF ACCESSIBILITY ASSESSMENT
We will process our findings into a draft Accessibility Assessment report, with separate tabs for each property, prepared according to the Construction-Related Accessibility Standards Compliance Act (CRASCA, Civil Code 55.51-55.545). This report will indicate that the site either “meets applicable standards” or “inspected by a CASp”. As accessibility deficiencies were readily identified during our preliminary view of site conditions, we anticipate that the finding will be that the facilities do not currently meet applicable standards in their current condition.
1. The inspection report for each property will include an identification and description of the inspected structures and areas of the project site, a signed and dated statement that, in the opinion of the CASp, the inspected structures and areas of the site need correction to meet construction- related accessibility standards. This statement will clearly indicate where the determination of the CASp includes an assessment of the “readily achievable barrier removal.”
2. Within the reports, we will identify and describe each and all of the site and building elements that need correction, along with an explanation of the remediation effort necessary to bring the facility into compliance with applicable construction-related accessibility standards. We will provide an estimated cost range for each of the corrective measures.
3. We will provide a preliminary schedule for completion of each of the corrections, for City review and input.
4. Upon City review and feedback, we will finalize the Accessibility Assessment reports (provide five(5) bound copies of the final report for the City. The report will include all items as requested in the RFP .
5. PROPOSED SCOPE OF SERVICES
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
6 Community Works Design Group (CWDG) has been providing accessibility consulting services to both public and private clients within California since the inception of the Americans with Disabilities Act in 1990. Our initial accessibility data gathering efforts included hand-documented checklists derived from the ADA Guidelines, and later from Chapter 11B of the California Building Code. We have performed ADA Consulting services for more than 20 cities throughout California since 1990. Scott Rice, Principal, has held CASp certification since 2016, with his certificate recently renewed (expires August 12, 2022).
Our firm has elected to NOT use proprietary software in our data gathering efforts, in an effort to remain as flexible as possible with providing information to our clients in a format best suited for their own use. Our team is known for our ability to provide both photographic record and written dialogue that goes above and beyond just regurgitating code references. We pride ourselves on our ability to explain specific access barriers, and efforts necessary to rectify them, in terms that are universally understandable.
Recent examples of our working experience that parallel the services requested by the City of Montebello include the following:
RELEV ANT EXPERIENCE
CLIENT SERVICES RENDERED
YEAR
COMPLETED
County of Riverside-
Economic Development
Agency
County of Riverside-
Regional Park & Open
Space District
System-Wide Accessibility Compliance Report Update
Site Inspection of 20+ District sites, including regional parks, museums, administration buildings, campgrounds, nature
centers; Preparation of a 300+ page report, with color- coded tabs, photographs, written dialogue, diagrams, etc. 2018
On-Call CASp Services
Accessibility Inspection and report preparation of various facilities as needed, including:
Department of Mental Health Campus, with 163,000 SF ,
multi story building;
RUHS Medical Center - Emergency Room Renovation and
Site improvements;
2018
Jurupa Community
Services District
ADA Transition Plan
Access Inspection of all parks, community centers,
shared-use facilities owned by the District; preparation of comprehensive report;
2019
City of Los Angeles On-Call CASp Services
Accessibility Inspection and report preparation of various facilities as needed, including: Recreation and Parks (RAP) Facilities and their Adaptive Sports Program.
2020-Present
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
7 Our Accessibility Planning division is led by two Certified Access Specialists (Scott Rice, CASp-709 and Allison Rush, CASp-1080) and also includes three dedicated staff members that assist with the preparation of reports, supplemental inspection assistance, and calculation of projected cost of improvements, based on recent construction costs on similar project types.
Scott Rice, CASp-709, is an active member of the Certified Access Specialist Institute (CASI) and regularly attends and participates in accessibility forums and code compliance discussion groups. Our firm ensures that he receives continuing education related to ADA and California Building Code accessibility that is above and beyond the minimum requirements of the State of California.
Community Works Design Group strives to maintain a great reputation for excellent customer service with our municipal clients. We remain flexible in providing inspection times that work around facility schedules, so that our efforts do not impact day-to-day City business, as exercised in recent work performed for the County of Riverside. We encourage you to reach out to the contact persons in the provided reference letters for a candid assessment of our dependability, proactive communication, thoroughness, and general knowledge of accessibility related issues.
RELEV ANT EXPERIENCE
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
8
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
9
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
10
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
11
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
12
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
13
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
14 COST PROPOSAL
Please see Enclosure 2 for our Total All-Inclusive Not-To-Exceed Maximum Price.
Please see below for our current rates:
CONFLICT OF INTEREST STATEMENT
Community Works Design Group, LLC (CWDG) confirms we have no conflict of interest with the City of Montebello.
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
15 Mr . Scott Rice is President and Managing Principal of Community Works Design Group (CWDG). He has managed over $150 million of park projects during his tenure at CWDG. Scott oversees the development of construction documents, plan checking, cost estimating, conceptual rendering, and construction observation and management.
Scott graduated with honors from Cal Poly Pomona, earning a Bachelor of Science Degree in Landscape Architecture. He is a full member of the American Society of Landscape Architects (ASLA). Additionally, Scott is a LEED Accredited Professional (LEED AP), as designated by the United States Green Building Council (USGBC), and a Certified Access Specialist (CASp) as issued by the State of California, Division of the State Architect. Scott is one of only three Landscape Architects in California that currently hold CASp Certification.
Scott also serves as the City Landscape Architect for the City of Highland, California, and has acted in that capacity since 2005. Scott also has served as a Contract Park Planner for Jurupa Community Services District (JCSD) since 2003 and Consultant Park Planner/ Plan Checker for Jurupa Area Recreation and Park District (JARPD) since 2015.
Mr . Rice draws on previous work experience in graphic design and golf course maintenance to integrate high aesthetic quality in balance with functional, cost-effective design. His focus is in Public Works projects for various municipalities throughout the State, including Park Planning of various scales, including Community, Neighborhood, Sports, and Pocket Parks, as well as median and parkway landscape, and LMD/ CFD planning. Specialized areas of involvement include Skate Parks, Dog Parks, and Accessible Play. In addition to Park Planning, Scott is seasoned in the landscape architectural development of Multi-family Housing, Planned Residential Communities, Highway Aesthetic Design, Custom Residential Planning, and various private/ commercial ventures.
In addition to Scott’s 20+ year tenure with CWDG, Scott took a year-long hiatus in 2010 to co-manage the design division of an internationally-recognized design/build firm, specializing in skate parks and action sports facilities throughout the world. When not in the office, Scott enjoys the fruits of his labor – parks and trails – with his wife and five children.
Education:
Bachelor of Science in
Landscape Architecture,
California State Polytechnic
University, Pomona (2002)
Licensed Landscape
Architect:
California #5111
(2005-current)
New York #2645
(2016-current)
Certified Access Specialist:
California CASp-709
(2016-current)
Years of Experience: 25
Years with Firm: 20+
Affiliations:
American Society of
Landscape Architects (ASLA) -
Full Member
U.S. Green Building Council
LEED Accredited Professional
Certified Access Specialist
Institute – Full Member
Building Industry Association
– Riverside County Chapter
Member, Board of Directors
Leaders of Tomorrow (LOT)
Committee – 2017 Chairman
Notable Project Experience:
On-Call CASp Services
City of Los Angeles
Enchanted Hills Park
City of Perris- $10 Million
Horseshoe Lake Park -
JARPD - $3 Million
SCOTT RICE ASLA, LEED AP , CASp
PRINCIPAL LANDSCAPE ARCHITECT
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
16 Education:
Bachelor of Arts in
Human Geography,
The Pennsylvania State
University (2010)
Master of Landscape
Architecture, Temple
University (2013)
Licenses/ Certificates:
Licensed Landscape Architect:
California #6378
(2018-current)
Certified Access Specialist:
California CASp-1080
(2023-current)
Years of Experience: 10
Years with Firm: 10
Affiliations:
American Society of
Landscape Architects (ASLA) -
Full Member
Certified Access Specialist
Institute – Full Member
ALLISON RUSH, ASLA, CASp
SENIOR LANDSCAPE ARCHITECT - DIRECTOR OF CREATIVITY + DESIGN Ms. Allison Rush is a Senior Landscape Architect with Community Works Design Group, with East Coast roots. Her undergraduate work at Penn State focused primarily on the means and methods of interaction between people and public spaces and how they’ve come to shape the landscape we live in today. She discovered the field of Landscape Architecture while fulfilling requirements for her minor in Architectural History and in that moment determined she would go on to receive her Master of Landscape Architecture.
Upon receiving her Master of Landscape Architecture in the spring of 2013, Allison eagerly anticipated her move across the country where she would join her husband as he accepted his dream job opportunity. Within weeks of her relocation to the West Coast, Allison accepted the position of landscape designer at CWDG.
Allison proved herself to be attentive, ambitious and reliable very early on, learning professional design and project management practices from her CWDG colleagues and mentors. Anxious for additional responsibility and the opportunity to work more closely with clients, she quickly moved into project management roles. In 2016, however, she decided to take a brief hiatus from park planning (as well as her commute from Irvine to Riverside each day) and accepted a new position with a firm specializing in high-end residential design based out of Orange County.
During this time, Allison refused to completely cut ties with her CWDG family agreeing to provide consulting services on a part-time basis. She continued to cultivate her design and creativity skills while learning new 3D modeling programs and graphic techniques to better communicate design intent with the many clients unable to envision the final product from a plan view. In early 2017, CWDG provided Allison with an offer to rejoin the team full time in a leadership role. She graciously accepted and hasn’t looked back since! Allison excels at understanding how best to configure and optimize outdoor spaces for the health and enjoyment of users of all ages and abilities. Allison also has a strong grasp of designing with various digital media techniques, including CAD, 3D modeling and photo simulation. With her education and many years with our firm, Allison has been integral in our team’s efforts of conveying and shaping ideas for many important projects throughout California.
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
17
PROPOSAL FOR PARK AMENITIES ACCESSIBILITY ASSESSMENT
PROJECT NO. 24-2 - CITY OF MONTEBELLO
AUGUST 31, 2023
18
EXHIBIT “B”
Schedule of Compensation
City of Montebello
Park Amenities Accessibility Assessment
RFP No. 24 – 2
ENCLOSURE 2 – COST PROPOSAL
The proposal includes all labor necessary to perform site evaluations and labor necessary to prepare reports and documents, including the cost of any transportation and other expenses.
Park Amenities Accessibility Assessment $___________________ (Please list the proposed total in words below)
____________________________________________________________________________________ Extra of Miscellaneous Charges not reflected above (must be itemized):
Item: $
Item: $
Item: $
Item: $
Item: $
The undersigned, on behalf of the consultant, certifies that: (1) the person whose signature appears below is legally empowered to bind the firm in whose name the proposal was submitted; (2) has read the complete RFP and understands all provisions; (3) if accepted by the City, this proposal is guaranteed as written and will be implemented as stated. (4) by submittin g this proposal, consultant agrees to all the terms, including but not limited to, each and every provision of the General Term and Conditions ; and (5) mistakes in writing of the submitted proposal will be the consultant’s responsibility.
Authorized Signature: Date:_______________
Name: Title:
Company Name: Phone:
ITEM # 9
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Paul Espinosa, Police Chief
SUBJECT: UNINTERRUPTED POWER SYSTEM (UPS) REPLACEMENT - MONTEBELLO POLICE DEPARTMENT 911/COMMUNICATION
CENTER
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Determine and find that the replacement is of an emergency nature and required to prevent interruptions to the Montebello Police Department 911/Communication Center; and
2. Authorize the City Manager to execute a professional service agreement with Computer Protection Technology for the replacement of the uninterrupted power system (UPS) and Amend the Fiscal Year 2023-2024 budget by increasing appropriations by $222,134.96 in Account No. (230-99-847-6010.10) for the emergency replacement; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The recommended emergency repairs and necessary upgrades are estimated to cost an aggregate amount not-to-exceed $222,134.96. The total cost will be paid from Account No 230-99-847-6010.10.
BACKGROUND/DISCUSSION:
Montebello Police Department has contracted with Computer Protection Technology (CPT) since 2003 to maintain and service the police communication centers' back-up battery system. CPT is currently recommending the replacement of 174 batteries totaling $17,631.47. More concerning, CPT had also determined the entire system to be 19 years
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
old and at the end of life, and recommended a full replacement. This replacement is necessary to avoid interruptions in the 911/ communications center and service to the community.
Montebello Police Department and Dispatch Center require a reliable, Uninterruptible Power Supply (UPS) for several important reasons:
1. Continuous Operation: Our Department and 911 Communication Center must operate 24/7 without interruption. Any power outage, no matter how brief, can disrupt critical operations, potentially leading to delays in responding to emergencies. A UPS ensures that essential equipment remains powered and operational during power interruptions.
2. Data Integrity: Our Communications Center relies on computer systems and databases to manage emergency calls and dispatch first responders. Sudden power loss can corrupt data and lead to information loss or errors. A UPS provides a buffer, allowing systems to shut down properly or continue running long enough to save critical data.
3. Emergency Communication: During a power outage, phone lines and communication systems may also be affected. A UPS can keep communication equipment operational, allowing dispatchers to maintain contact with first responders and the public, ensuring efficient coordination during emergencies.
4. Safety: The safety of both the public and first responders depends on accurate and timely information. Any disruption in operations due to a power outage can jeopardize public safety. A UPS helps maintain the continuity of operations, reducing the risk associated with power interruptions.
5. Response Time: Quick response times are crucial during emergencies. A UPS ensures that all communication and dispatch equipment remains active, reducing the time it takes to coordinate and deploy emergency responders.
6. Critical Systems: Our Communications center has specialized equipment, such as alarm systems, tracking devices, and monitoring stations, which must remain active at all times. A UPS safeguards these critical systems from power disruptions.
7. Compliance: State regulations and standards require emergency response centers to have backup power systems in place to ensure uninterrupted service during emergencies. Compliance with these standards is essential for maintaining the center's operational status.
8. Public Trust: The public relies on emergency response services to be available and responsive at all times. Having a UPS in place demonstrates a commitment to reliability and reinforces public trust in these vital services.
ENVIRONMENTAL:
N/A
ANALYSIS:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
The City has received replacement estimates from Computer Protection Technology for the current UPS systems. The City is prepared to proceed with the emergency replacements required to maintain systems powering the 911/communications center.
Pursuant to Montebello Municipal Code (MMC) Section 3.20.140, the City Manager has the authority in cases of emergency "to order direct and immediate action necessary to repair or replace a public facility, procure the necessary equipment, services and supplies for the purposes of addressing the emergency, without giving notice for bids to let contracts...". Upon taking such action, the City Manager is required to provide a report to the City Council of such action at the next regular City Council meeting.
This agenda report provides such a notice and serves as a recommendation to approve the necessary agreements with Computer Protection Technology. Per the Municipal Code, the approval of this contract for this purpose requires a four-fifths (4/5) approval vote by the City Council. Given the exigent circumstances of the system being at the end of life and the possibility of power and data being lost to the 911/Communications Center, it is prudent to engage in CPT on the authority of MMC Section 3.20.140. This was not part of the Information Technology assessment and related equipment purchase contracts.
The City's IT Staff recommend upgrading the batteries to Lithium-Ion Batteries. The benefit of Lithium-Ion UPS batteries is that they are significantly smaller and lighter because of their significantly higher power density. They also have faster charge times, longer cycles, and at least double the service life.
SUMMARY:
The City Council is being asked to receive and file the City Manager’s report regarding the emergency replacement. Additionally, the City Council is being asked to consider authorizing the City Manager to approve an agreement with Computer Protection Technology for an amount not-to-exceed $222,134.96 utilizing the emergency contracting process per California Public Contract Code Section 22035 and Montebello Municipal Code Chapter 3.20.140. The estimates provided include the allowable contingency amount considering the scope of work. Plus, an additional $44,426.99 should any change orders be needed. The City Council will also consider amending the adopted Fiscal Year 2023-24 budget by increasing appropriations by $266,561.95.
ATTACHMENT(S)
1. Attachment A - CPT_ Quote28514
NEXT STEPS:
N/A
323-887-1209
Stacey Smith
Customer Details
City of Montebello
Montebello, CA 90640
1600 W Beverly Blvd
Police Department
Ship To:
,
Mitsu 1100B UPS 20kVA & 50kVA Lithium Battery
Item
Description
Unit Price
Extended Price
Part #
Qty
Mitsubishi 1100B Series Uninterruptable Power
System (UPS) - 20 kVA
Capacity: 20 kVA / 18 kW
Primary Input Voltage: 208Y/120 VAC 3-phase 4-
wire+ground, hardwired
Bypass Input Voltage: 208Y/120 VAC 3-phase 4-
wire+ground, hardwired
Output Voltage: 208Y/120 VAC 3-phase 4-
wire+ground, hardwired
Modular Design
How-Swappable Power Modules
True On-Line Double Conversion Technology
Advanced IGBT Technology
Up to 93% Efficiency
Bottom, Side or Rear Cable Entry
Dual Feed Input Capability
Transformerless Technology
3.4" Touch Screen Interface
Dimensions / Weight: 31.5"D x 27"D x 67.3"H /
542 lbs.
Warranty: 1 year onsite parts & labor
(See enclosed literature for complete
specifications)
$25,700.80
1 11B-AE0020B
$25,700.80
1.0 Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
ATTACHMENT A
Item
Description
Unit Price
Extended Price
Part #
Qty
Mitsubishi 20kVA 1100B Series -
External Li-Ion Battery System - 55 Minutes
Battery Back-Up: 55 minutes at full load
15 Year Rated Li-Ion Battery Array
Dimensions/ Weight: 25.6"W x 20.9"D x 80.9"H /
920 lbs.
Warranty: 3 years factory warranty
$27,486.70
2 BCL04-BBA01
$27,486.70
1.0 Mitsubishi 20kVA Communications Kit
Internal Board with CS141 for RSAP
SNMP/Web, MODBUS, BacNet IP & Dry Contact
Interfaces
Lithium Battery Cabinet Required
$2,128.25
3 UA-100847
$2,128.25
1.0 Mitsubishi 20kVA CS141 Communications Kit
for SNMP/MODBUS/BacNet Communications
$1,282.54
4 UA-100544
$1,282.54
1.0 Samsung Li-Ion Series - Top Hat Interface & Data
Logger
For 20kVA, Mounted to Top of 1st Battery Cabinet
Contains bus flags, I/O connections and data
logger with redundant power supplies.
Required to log battery data information for 3
year warranty
$3,446.70
5 UA-100918-G04
$3,446.70
1.0 Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
Item
Description
Unit Price
Extended Price
Part #
Qty
Mitsubishi 1100B Series Uninterruptable Power
System (UPS) - 50 kVA
Capacity: 50 kVA / 45 kW
Primary Input Voltage: 208Y/120 VAC 3-phase, 4-
wire+ground, hardwired
Bypass Input Voltage: 208Y/120 VAC 3-phase, 4-
wire+ground, hardwired
Output Voltage: 208Y/120 VAC 3-phase, 4-
wire+ground, hardwired
True On-Line Double-Conversion Technology
Modular Design for Redundancy & Expandability
Expandable to 60 kVA, 70 kVA & 80 kVA
Hot-Swappable Power Modules
Advanced IGBT Technology
Up to 93% Efficiency
Transformerless Technology
Dimensions / Weight: 31.5"W x 27"D x 67.3"H / xx
lbs.
Warranty: 1 year parts & onsite labor warranty
(See enclosed literature and submittal documents
for complete specifications)
$40,396.80
6 11B-AE0050B
$40,396.80
1.0 Mitsubishi 50kVA 1100B Series -
External Li-Ion Battery System - 21 Minutes
Battery Back-Up: 21 minutes at full load
15 Year Rated Li-Ion Battery Array
Dimensions/ Weight: 25.6"W x 20.9"D x 80.9"H /
920 lbs.
Warranty: 3 years factory warranty
$27,486.70
7 BCL04-BBA01
$27,486.70
1.0 Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
Item
Description
Unit Price
Extended Price
Part #
Qty
Mitsubishi 50kVA 1100B Series - Multi-Purpose
Bypass/Transformer Cabinet
Matching Cabinet - Upgradeable to 50 kVA
3 Breaker Make-Before-Break Bypass System with
Kirk-Key Interlock
Input Voltage: 480 VAC 3-phase 3-wire+ground,
hardwired
Output Voltage: 208Y/120 VAC 3-phase 4-
wire+ground, hardwired
Dimensions / Weight: 40"W x 26.91"D x 67.5"H /
1,369 lbs.
$31,444.20
8 UD100191-50-
DKNA40
$31,444.20
1.0 Mitsubishi 50kVA Communications Kit
Internal-Board with CS141 for RSAP
SNMP/Web, MODBUS, BacNet IP & Dry Contact
Interfaces
$2,128.25
9 UA-100847
$2,128.25
1.0 Mitsubishi 50kVA CS141 Communications Kit
SNMP/MODBUS/BacNet Communications
$1,282.54
10 UA-100544
$1,282.54
1.0 Samsung Li-Ion Series - Top Hat Interface & Data
Logger
For 50kVA, Mounted to Top of 1st Battery Cabinet
Contains bus flags, I/O connections and data
logger with redundant power supplies.
Required to log battery data information for 3
year warranty
$3,446.70
11 UA-100918-G04
$3,446.70
1.0 C-10 Licensed Electricians
8AM-5PM Standard Business Hours
Remove Old Unit
Install New Unit
Includes All material to complete project
***AFTER HOUR PRICE: $12,194.50***
$9,277.50
12 Labor
$9,277.50
1.0 Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
Item
Description
Unit Price
Extended Price
Part #
Qty
Labor Certified Technician
8AM-5PM Standard Business Hours
Remove Old Unit
Install New Unit
Includes All material to complete project
and State Law Disposal fee of old equipment
(unit/batteries)
***AFTER HOURS PRICE: $3,150.00
$2,170.00
13 Labor
$2,170.00
1.0 UPS-Start Up and Warranty Validation
Mitsibishi 20kVA/ Mitsubishi 50kVA
Includes installation inspection, power-up, and
customer training.
Required for initiation of warranty.
After Hours Service (add $300 for 7x24 start-up
service) Each Unit.
$3,750.00
14 StartUp
$1,875.00
2.0 Lithium-Ion Battery CAB
Start Up and Warranty Validation
Includes installation inspection, power-up, and
customer training.
Required for initiation of warranty.
5x8 service (add $300 for 7x24 start-up service)
$6,294.00
15 StartUp
$3,147.00
2.0 Freight Forwarded from CPT (Taxable per State
Board of Equalization Publication 100)
$15,759.35
16 FREIGHT-IN
$15,759.35
1.0 $222,134.96
$203,481.03
10.25%
$18,653.93
Sales Tax
Total
Subtotal
Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
Mitsubishi Power, Inc. d/b/a Computer Protection Technology (CPT) Terms and Conditions of Sale
CPT
is
herein
referred
to
as
"Seller".
The
person
or
entity
purchasing
goods
("Goods")
and/or
licensing
software
or
firmware,
which
is
preloaded
or
to
be
loaded
into
Goods
("Software"),
is
herein
referred
to
as
"Buyer."
1. ORDER
ACCEPTANCE:
No
order
issued
by
Buyer
to
Seller
shall
be
binding
on
Seller
unless
Seller
manifests
its
acceptance
of
such
order
either
in
writing
or
by
commencement
of
performance
hereunder.
Seller
reserves
the
right,
at
its
sole
discretion,
to
refuse
orders.
Seller's
acceptance
of
Buyer's
order
shall
constitute
a
binding
agreement
between
Buyer
and
Seller
and
is
expressly
conditioned
on
Buyer
assent
to
the
terms
and
conditions
set
forth
herein
as
being
the
complete
and
exclusive
statement
of
terms
governing
the
sale/license
of
Goods
and
Software.
Seller
rejects
all
terms
of
any
purchase
order
issued
except
those
relating
to
identification
of
Goods
or
Software,
price,
and
quantity.
No
changes
or
additions
stated
by
Buyer
in
its
order
or
otherwise
shall
be
binding
upon
Seller
unless
expressly
agreed
to
in
writing
by
Seller.
Buyer
acceptance
of
the
Goods
and/or
Software
will
further
manifest
Buyer's
consent
to
Seller
Terms
and
Conditions
of
Sale.
2. ITEMS
PURCHASED:
Goods
and/or
Software
purchased
and
to
be
provided
hereunder,
unless
otherwise
agreed
in
writing
by
Seller,
will
be
Seller's
standard
Goods
and/or
Software
as
specified
in
Seller's
quotation
or
acknowledgment.
Goods
provided
to
Buyer
may
include
Software
incorporated
in
or
provided
separately
for
use
with
the
Goods.
Software
is
provided
subject
to
Seller
standard
license
terms,
which
reserve
title
in
Seller
and
grant
Buyer
a
non-exclusive,
royalty
free
license
solely
for
(a)
Buyer's
use
with
the
Goods
provided
and
(b)
Buyer's
adaptation
for
use
with
the
Goods
provided.
3. INSPECTION/TESTING/ACCEPTANCE:
Buyer,
at
its
expense,
may
observe
the
inspection
and
testing
of
the
Goods
upon
agreement
with
Seller.
All
inspection
and
testing
shall
be
conducted
at
Seller's
plant
before
shipment
of
the
Goods.
Any
rejection
of
Goods
must
be
made
promptly
before
shipment.
If
Buyer
does
not
inspect
the
Goods
at
Seller's
plant
as
provided
herein,
Buyer
shall
have
ten
(10)
days
from
the
Date
of
delivery
to
inspect,
test,
and
evaluate
the
Goods
and
Software.
Buyer
must
give
written
notice
to
Seller
within
ten
(10)
days
of
delivery
of
the
Goods
and
Software
stating
why
the
Goods
and
Software
are
not
acceptable
or
such
basis
for
rejection
shall
be
deemed
waived
and
Buyer
shall
be
deemed
to
have
unqualifiedly
accepted
the
Goods.
4. RETURNED
GOODS:
Except
as
may
be
otherwise
provided
with
respect
to
warranty
returns,
advance
written
permission
to
return
rejected
Goods
must
be
obtained
from
Seller.
Such
Goods
must
be
new,
unused,
of
current
manufacture
and
free
of
all
liens
or
other
claims.
Goods
must
be
shipped
freight
prepaid
to
Seller.
Goods
returned
without
the
prior
written
permission
of
Seller
will
not
be
accepted
by
Seller.
Seller
reserves
the
right
to
inspect
Goods
prior
to
authorizing
their
return.
Upon
receipt
of
the
returned
Goods,
Seller
will
issue
credit
to
Buyer
in
an
amount
equal
to
the
billing
price
or
current
price
of
the
Goods,
whichever
is
lower,
from
which
will
be
deducted
an
inspection
and
repacking
charge
and
the
cost
of
any
reconditioning.
A
restocking
fee
may
be
applicable
and
determined
on
a
case-by-case
basis.
5. SHIPMENT/DELIVERY:
Buyer
acknowledges
that
Seller's
shipping
dates
are
estimates
and
are
subject
to
change
by
Seller
upon
written
notice
to
Buyer.
Unless
otherwise
agreed
to
in
writing
by
Seller,
delivery
terms
shall
be
F.O.B.
Seller's
shipping
point.
Seller
reserves
the
right
to
make
partial
shipments.
Risk
of
loss
or
damage
and
responsibility
to
insure
shall
pass
from
Seller
to
Buyer
upon
delivery
to
a
carrier
for
shipment
to
Buyer.
Any
claims
for
shortages
or
damages
suffered
in
transit
are
the
responsibility
of
Buyer
and
shall
be
submitted
by
Buyer
directly
to
the
carrier.
Shortages
and/or
damages
must
be
acknowledged
and
signed
for
at
the
time
of
delivery.
If
Goods
are
held
by
Seller
for
Buyer
at
Buyer's
request,
or
due
to
Buyer's
failure
to
supply
shipping
instructions,
Seller
may
invoice
Buyer
for
the
full
purchase
price
of
the
Goods
and
Buyer
agrees
to
make
payment.
Goods
held
for
Buyer
by
Seller,
for
whatever
reason,
are
held
at
Buyer's
risk
and
Buyer
shall
reimburse
Seller
for
any
insurance,
storage
or
other
costs
incurred
by
Seller.
6. PRICES:
Unless
otherwise
agreed
in
writing
by
Seller,
prices
for
Goods
are
F.O.B.
Seller's
shipping
point
with
no
discount.
Prices
quoted
by
Seller
shall
remain
in
effect
for
the
period
stated
in
Seller's
quotation
or
acknowledgment,
or,
if
none
stated,
thirty
(30)
days
after
the
date
of
same.
If
Seller
does
not
receive,
within
such
time
period,
an
unconditional
authorization
from
Buyer
to
ship
Goods,
Seller
shall
have
the
option
to
change
the
price
for
such
Goods
to
that
prevailing
at
the
time
of
shipment.
Prices
and
license
fees
do
not
include
installation,
freight,
handling,
hoisting,
rigging,
insurance
or
storage
charges,
unless
otherwise
agreed
by
Seller
in
writing.
Prices
and
license
fees
also
do
not
include
taxes
or
duties
imposed
on
the
manufacture,
sale,
delivery
or
use
of
the
Goods;
such
assessments
are
for
Buyer's
account
and
Seller
will
add
such
assessments
to
the
price
stated
absent
Seller
receipt
of
Buyer's
proper
exemption
certificate.
7. PAYMENT/SECURITY
INTEREST:
Payment
is
due
in
U.S.
currency
net
thirty
(30)
days
from
date
of
Seller
invoice,
time
being
of
the
essence.
Any
payment
not
made
when
due
shall
be
subject
to
an
interest
charge
at
the
maximum
rate
permitted
by
law.
Partial
shipments
of
Goods
will
be
invoiced
and
are
payable
as
they
occur
in
accordance
with
these
terms.
Prior
to
final
payment
by
Buyer
of
all
Goods
and
services
accepted
herein,
Buyer
hereby
grants
Seller
a
security
interest
in
the
Goods,
Software,
and
products,
additions,
replacement,
proceeds
and
receivables
therefrom
and
agrees
to
execute
a
financing
statement
confirming
such
interest
upon
Seller
request.
Seller
may
preserve
its
interests
in
payment
by
enforcing
any
applicable
mechanic's
lien
rights,
or
demanding
different
terms
of
payment
including,
but
not
limited
to,
advance
cash
payment,
whenever
it
appears
to
Seller
that
circumstances
require
such
measures.
Buyer
agrees
to
take
all
measures
necessary
to
comply
with
any
new
payment
terms
imposed
by
Seller.
If
Buyer
fails
to
comply
with
payment
terms,
Seller
may
elect
to
terminate
this
Agreement
or
suspend
performance
under
this
or
other
agreements
with
Buyer
and:
(a)
with
or
without
legal
process
and
using
such
force
as
may
be
lawful
and
necessary,
enter
into
or
upon
the
premises
where
the
Goods
are
located
and
take
possession
of
them
(b)
cancel
all
warranties
herein
and
(c)
pursue
any
additional
remedies
provided
by
law.
Buyer
shall
be
liable
to
Seller
for
all
expenses,
including
reasonable
attorney's
fees,
relating
to
the
collection
of
past
due
amounts.
CREDIT
CARD
PAYMENTS:
CPT
accepts
Visa,
MasterCard,
Discover
&
American
Express.
All
credit
card
payments
will
be
charged
a
3.5%
processing
fee.
8. DELAYS:
Seller
shall
not
be
liable
or
responsible
for
cost,
expense
or
damage
due
to
non-performance
or
a
delay
in
performance
where
such
non-performance
or
delay
is
due
to
causes
beyond
its
reasonable
control,
including,
but
not
limited
to,
natural
disasters,
acts
of
government,
power
failure,
fire,
flood,
acts
of
God,
labor
disputes,
riots,
acts
of
war,
epidemics,
or
material
and
transportation
shortages.
Deliveries
of
Goods
and/or
Software
or
other
Seller
performance
may
be
suspended
for
an
appropriate
period
of
time
or
canceled
by
Seller
upon
notice
to
Buyer
of
the
foregoing,
but
other
Buyer
and
Seller
performance
hereunder
shall
otherwise
remain
unaffected.
If
Seller
determines
that
its
ability
to
supply
the
total
demand
of
Goods
or
to
obtain
material
used
in
the
manufacture
of
Goods
is
hindered,
limited
or
made
impracticable
due
to
causes
set
forth
in
the
preceding
paragraph,
Seller
may
allocate
its
available
supply
of
Goods
or
material
among
its
buyers
on
such
basis
as
Seller
determines
to
be
equitable
without
liability
to
Buyer
for
any
failure
of
performance
which
may
result
therefrom.
9. LIMITED
WARRANTY:
Seller's
standard
warranty
provided
to
Buyer
at
the
time
of
purchase
of
Goods,
is
the
only
warranty
applicable
to
the
sale
of
Seller's
Goods
and
its
terms,
conditions
and
limitations
are
incorporated
by
reference
herein.
Seller's
warranty
may
be
modified
only
by
a
writing
signed
by
a
duly
authorized
officer
of
Seller.
Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
Buyer
assumes
all
other
responsibility
for
any
loss,
damage
or
injury
to
persons
or
property
arising
out
of,
connected
with,
or
resulting
from
the
use
of
Goods,
either
alone
or
in
combination
with
other
goods
whether
supplied
by
Seller
or
otherwise.
Buyer
acknowledges
that
any
technical
advice
furnished
by
Seller
with
respect
to
the
use
of
the
Goods
is
given
without
charge
and
Seller
assumes
no
obligation
or
liability
to
Buyer
for
the
advice
given
or
results
obtained;
all
such
advice
is
given
by
Seller
and
accepted
by
Buyer
at
Buyer's
risk.
SELLER'S
WARRANTY
EXTENDS
ONLY
TO
PURCHASERS
WHO
BUY
FOR
INDUSTRIAL
OR
COMMERCIAL
USE.
SELLER'S
WARRANTY
IS
IN
LIEU
OF
AND
EXCLUDES
ALL
OTHER
WARRANTIES,
EXPRESS
OR
IMPLIED,
INCLUDING,
WITHOUT
LIMITATION,
MERCHANTABILITY
AND
FITNESS
FOR
A
PARTICULAR
PURPOSE,WHETHER
OR
NOT
THE
PURPOSE
OR
USE
OF
THE
GOODS
HAS
BEEN
DISCLOSED
TO
SELLER
IN
SPECIFICATIONS,
DRAWINGS,
OR
OTHERWISE
AND
WHETHER
OR
NOT
THE
GOODS
ARE
SPECIFICALLY
DESIGNED
AND/OR
MANUFACTURED
BY
SELLER
FOR
BUYER'S
USE
OR
PURPOSE.
Seller's
warranty
obligations
are
conditioned
upon
timely
receipt
of
all
payments
in
accordance
with
the
payment
terms
specified
herein.
During
the
period
any
amounts
are
overdue
from
Buyer,
Seller
shall
have
no
obligations
under
this
warranty.
The
warranty
expiration
date
shall
not
be
extended
upon
payment
of
the
overdue
amount.
To
the
extent
that
Seller
has
relied
upon
any
Buyer
specifications,
information,
representations,
or
other
data
in
the
selection
or
design
of
Goods
for
Buyer,
or
the
preparation
of
Seller's
quotation,
and
conditions
arise
that
are
at
variance
with
Buyer's
representations,
Seller's
warranty
and
other
provisions
herein
which
are
affected
by
such
conditions
shall
be
null
and
void.
10. INSURANCE:
Seller
shall
maintain
the
following
insurance
or
self-insurance
coverage:
Worker’s
Compensation
in
accordance
with
the
statutory
requirements
of
the
state
in
which
the
work
is
performed.
Employer’s
Liability
with
a
limit
of
liability
of
$1,000,000
per
occurrence
for
bodily
injury
by
accident
or
bodily
injury
by
disease.
Commercial
General
Liability
(CGL)
for
bodily
injury
and
property
damage
with
a
limit
of
$2,000,000
per
occurrence
and
aggregate.
CGL
includes
Contractual
Liability.
CGL
does
not
include
Products
andCompleted
Operations
coverage,
which
is
self-insured.
Automobile
Liability
insurance
that
covers
usage
of
all
owned,
non-owned
and
leased
vehicles
and
which
is
subject
to
a
combined
single
limit
per
occurrence
of
$1,000,000.
Automobile
Liability
insurance
includes
Contractual
Liability,
but
no
special
endorsements.
Additional
information
related
to
the
insurance
coverage
provided
by
Seller
can
be
obtained
upon
written
request
to
Seller.
Buyer
expressly
acknowledges
and
agrees
that
Seller
has
set
its
prices
and
entered
into
this
Agreement
inreliance
upon
the
limitations
of
liability,
insurance
coverage,
and
other
terms
and
conditions
specified
herein,
which
allocate
the
risk
between
Seller
and
Buyer
and
form
a
basis
of
this
bargain
between
the
parties.
11. PATENTS
AND
COPYRIGHTS:
Seller
warrants
that
any
Goods
provided
hereunder
do
not
infringe
upon
any
valid
U.S.
patent
or
copyright
in
existence
on
the
date
of
shipment.
Seller
will
defend
at
its
expense
any
action
brought
against
Buyer
to
the
extent
it
is
based
on
a
claim
the
Goods
supplied
by
Seller
infringe
a
valid
United
States
patent
or
copyright.
Seller
will
pay
those
costs
and
damages
finally
awarded
against
Buyer
in
any
such
claim,
but
such
defense
and
payments
are
conditioned
upon
the
following:
(a)
Seller
shall
be
notified
promptly
in
writing
by
Buyer
of
any
notice
of
such
claim
;
and
(b)
Seller
shall
have
the
sole
control
of
the
defense
of
any
action
on
such
claim
and
all
negotiations
for
its
settlement
or
compromise;
and(c)
should
the
Goods
or
the
operation
thereof
become
or,
in
Seller's
opinion
be
likely
to
become,
the
subject
of
a
claim
of
infringement
of
a
valid
United
States
patent
or
copyright,
Buyer
shall
permit
Seller,
at
Seller's
option
and
expense
to:
(i)
procure
for
Buyer
the
right
to
continue
using
the
Goods,
(ii)
replace
or
modify
the
Goods
so
they
become
non-infringing,
or
(iii)
grant
Buyer
a
credit
for
such
Goods,
as
depreciated,
and
accept
return
of
same.
Depreciation
shall
be
calculated
by
Seller
as
an
equal
amount
per
year
over
the
life
of
the
Goods.
(iv)
cancel
future
deliveries
of
Goods
without
liability
to
Buyer.
Seller
shall
have
no
liability
to
Buyer
with
respect
to
any
claim
of
patent
and/or
copyright
infringement
basedupon:
(a)
Combination
or
utilization
of
Goods
furnished
under
this
Agreement
with
equipment
or
devices
not
manufactured
by
Seller;
or
(b)
the
modification
by
Buyer
of
Goods
furnished
under
this
Agreement;
or
(c)
Seller
compliance
with
Buyer's
design
specifications.
The
foregoing
states
the
entire
liability
of
Seller
with
respect
to
infringement
of
patents
or
copyrights.
12. LIMITATION
OF
LIABILITY/CONSEQUENTIAL
DAMAGES:
IN
NO
EVENT
SHALL
SELLER
ASSUME
ANYLIABILITY
FOR
(A)
DAMAGES
IN
EXCESS
OF
THE
PURCHASE
PRICE
PAID
FOR
THE
GOODS
OR
(B)
INDIRECT,
SPECIAL,
INCIDENTAL,
PUNITIVE,
OR
ECONOMIC
CONSEQUENTIAL
DAMAGES
OF
ANY
KIND
WHATSOEVER
INCLUDING
WITHOUT
LIMITATION,
LOSS
OF
USE,
DATA,
PROFIT,
OR
REVENUE,
OR
LOSS
OR
DAMAGE
TO
PROPERTY
OR
EQUIPMENT,
OR
OTHER
ECONOMIC
LOSS
INCURRED
BY
BUYER
AS
A
RESULT
OF
SELLER'S
PERFORMANCE
OR
CANCELLATION
OF
THIS
AGREEMENT,
WHETHER
ANY
CLAIM
IS
BASED
UPON
THEORIES
OF
INFRINGEMENT,
WARRANTY,
CONTRACT,
NEGLIGENCE,
STRICT
LIABILITY,
TORT
OR
OTHERWISE,
EVEN
IF
SELLER
HAS
BEEN
APPRISED
OF
THE
POSSIBILITY
OF
SUCH
DAMAGES.
13. LIMITATION
OF
REMEDY:
SECTION
10 (WARRANTY),
SECTION
11 (PATENTS
AND
COPYRIGHTS)
AND
SECTION
12 (LIMITATION
OF
LIABILITY/CONSEQUENTIAL
DAMAGES)
PROVIDE
BUYER'S
SOLE
AND
EXCLUSIVE
REMEDIES
FOR
BREACH
OF
WARRANTIES.
14. CHANGES:
Seller
reserves
the
right
to
make
any
changes
in
the
model
and
design
of
its
Goods
and/or
Software
without
obligation
to
similarly
alter
Goods
and/or
Software
previously
sold.
Buyer
may,
in
writing,
within
the
scope
of
the
accepted
order,
request
changes
in
the
established
specifications
or
delivery
schedules.
If
Seller
agrees
to
such
changes
and
these
changes
alter
the
amount
due
under
the
purchase
order
or
the
time
required
for
performance
hereunder,
the
price
of
Goods
ordered,
any
license
fees
and/or
the
time
for
performance
shall
be
equitably
adjusted.
15. CANCELLATION:
This
Agreement
or
any
part
of
it
is
subject
to
cancellation
by
Seller
if
the
conditions
specified
herein
are
not
met
by
Buyer
or
if
Buyer
becomes
insolvent
or
bankrupt.
In
the
event
of
cancellation
for
this
reason
Seller
is
under
no
obligation
to
pay
Buyer
for
any
expenses,
costs,
claims,
or
liabilities
incurred
and
Seller
may
retain
any
portion
of
the
purchase
price
pre-paid
by
Buyer
as
liquidated
damages.
Seller
retains
all
rights
to
any
other
legal
remedies
it
may
have
against
Buyer.
Buyer
may
cancel
orders
herein
only
upon
reasonable
advance
written
notice
to
Seller
and
upon
payment
to
Seller
of
Seller's
cancellation
charges,
which
Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
include
all
costs
and
expenses
incurred
by
Seller
in
the
course
of
performance
herein
and
amounts
adequate
to
cover
any
commitments
made
by
Seller
and
Seller's
anticipated
profit
on
the
sale
of
the
Goods.
16. DRAWINGS/DOCUMENTATION:
Seller's
prints
or
drawings
(and
the
technology
depicted)
which
arefurnished
to
Buyer
in
connection
with
this
Agreement
are
the
property
of
Seller
and
Seller
retains
all
patent,copyright
and
other
rights,
including,
without
limitation,
exclusive
rights
of
use,
license,
or
sale.
Buyer's
possession
of
such
prints
or
drawings
does
not
grant
Buyer
any
rights
or
license,
express
or
implied
therein
andBuyer
shall,
upon
Seller
request,
return
immediately
all
copies
of
such
prints
or
drawings
to
Seller.
17. EXPORT:
Each
party
hereby
agrees
to
comply
with
all
export
laws
and
restrictions
and
regulations
of
the
Department
of
Commerce
or
other
United
States
or
foreign
agency
or
authority
and
not
to
export
or
allow
the
export
or
re-export
of
any
Goods
to
be
supplied
hereunder
in
violation
of
any
such
restrictions,
laws
or
regulations,
or
without
all
required
licenses
and
authorizations.
Buyer
acknowledges
that
Seller's
quote
on
Goods
ordered
hereunder
is
subject
to
Buyer
obtaining
any
required
license
or
authorization
at
time
of
shipment
and
Buyer
agrees
that
Seller
shall
incur
no
liability
to
Buyer
if
such
license
or
authorization
is
unavailable.
18. NUCLEAR:
GOODS
AND
SERVICES
SOLD
HEREUNDER
ARE
NOT
FOR
USE
IN
ANY
NUCLEAR
AND
RELATED
APPLICATIONS.
Buyer
accepts
goods
and
services
with
the
foregoing
understanding,
agrees
tocommunicate
the
same
in
writing
to
any
subsequent
purchasers
or
user
and
to
defend,
indemnify
and
hold
harmless
Seller
from
any
claims,
losses,
suits,
judgements
and
damages,
including
incidental
and
consequential
damages,
arising
from
such
the
prohibited
use
of
goods
and
services
in
any
nuclear
and
related
applications,
whether
the
cause
of
action
be
based
in
tort,
contract
or
otherwise,
including
allegations
that
the
Seller's
liability
is
based
on
negligence
or
strict
liability.
19. APPLICABLE
LAW:
This
Agreement
shall
be
governed
by
and
performance
construed
in
accordance
with
thedomestic
laws
and
Uniform
Commercial
Code
as
adopted
in
the
State
of
California,
without
reference
to
its
choice
or
conflict
of
laws
principles.
For
non-domestic
sales,
the
parties
mutually
agree
that
the
rights
and
obligations
of
the
parties
herein
shall
be
determined
without
reference
to
the
provisions
of
the
1980
U.N.
Convention
on
Contracts
for
the
International
Sale
of
Goods,
as
amended.
20. SEVERABILITY:
If
any
section
or
part
of
this
Agreement
is
or
becomes
illegal,
unenforceable
or
invalid
thenthe
aforementioned
part
or
section
shall
be
struck
from
this
Agreement
and
shall
not
affect
the
remaining
parts
or
sections
except
to
the
extent
necessary
to
prevent
a
clearly
inequitable
result.
21. ASSIGNMENT/DELEGATION:
Buyer
shall
not
assign
any
rights
or
delegate
any
duties
hereunder
without
theprior
written
permission
of
Seller.
Any
assignment
or
delegation
without
such
permission
shall
be
void.
22. MODIFICATIONS:
Except
as
may
be
specifically
provided
for
herein,
any
agreement
which
modifies,
changes,
or
supplements
this
Agreement
or
the
documents
referenced
herein
shall
only
be
valid
if
in
writing
and
signed
by
a
duly
authorized
associate
of
Seller.
No
other
Seller
associate
or
representative
is
authorized
to
alter
the
terms
of
this
Agreement.
23. DISPUTE
RESOLUTION/ATTORNEY’S
FEES:
Disputes
regarding
the
interpretation
or
application
of
any
provision
in
the
terms
and
conditions
herein
shall,
to
the
extent
reasonably
feasible,
be
resolved
through
good
faith
negotiations
between
the
Seller
and
Buyer.
If
any
action
at
law
or
in
equity
is
required
to
enforce
or
interpret
the
provisions
herein,
the
prevailing
party
in
such
litigation
shall
be
entitled
to
an
award
of
reasonable
attorney’s
fees
is
additional
to
any
other
relief
to
which
it
may
be
entitled.
24. FINAL
AND
COMPLETE
AGREEMENT:
These
terms
and
conditions,
any
software
licensing
agreement
and
other
documents
referenced
herein,
and
any
Seller
quotation
or
acknowledgment
and
documents
specifically
referenced
therein,
represent
the
final
and
complete
Agreement
between
the
parties
with
respect
to
the
sale
of
Goods
and/or
license
of
Software
and
supersede
all
prior
or
contemporaneous
oral
or
written
communications,representations,
understandings
or
agreements
relating
to
this
subject
matter.
Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
Accepted by:
Prepared by:
Computer Protection Technology
Stacey Smith
Patty Pelayo
Name:
562-201-0041
Email:
Signature:
Name:
Phone:
Date:
[email protected]
Purchase Order
Subject to CPT’s Terms & Conditions.
Computer Protection Technology
9829 Carmenita Rd., Ste. G Whittier,CA 90605
Phone: 562-201-0041
Quote date:
10/11/2023
Valid:
Terms:
Net 30 days
30 Days
Prepared by:
Patty Pelayo
Quote #
28514
16+ Weeks
Lead Time:
http://www.cptups.com
DON’T LET YOUR BUSINESS GO DARK™
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Paul Espinosa, Police Chief
SUBJECT: APPROVE PURCHASE OF REPLACEMENT POLICE DEPARTMENT
VEHICLES
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the purchase of two (2) vehicles from Ford of of Montebello (Ford Explorer) and Camino Real Chevrolet (Chevrolet Tahoe) for use by Police Department administrative (command) staff; and
2. Authorize the surplus of unneeded or otherwise unnecessary police vehicles; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The total amount necessary to procure the two (2) replacement police administration vehicles is $140,000, including the cost for upfitting of required emergency equipment. Funding for these vehicles is included in the Asset Forfeiture fund, and has been appropriated in the Fiscal Year 2023-24 budget (Account No. 230-99-847-6082, Asset Forfeiture, Department of Justice, Vehicle Purchases). These two vehicles were included in the supplemental vehicle request made by the Police Department as part of budget development. Subsequently, appropriations for the purchase of these (and an additional nine patrol vehicles) were included in the Asset Forfeiture Fund ($656,850 total in Account No. 230-99-847-6082). Therefore, no budget amendment is needed.
Given the high priority of this procurement, coupled with the extreme lead time currently needed in purchasing vehicles of any type, it is necessary to secure them outside of the City’s established vehicle procurement process. The City’s recently established process for vehicle procurement involves piggybacking off a previously, competitively bid contract as allowed by Montebello Municipal Code Section 3.20.125(A). Typically, this involves a
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
national contract such as Sourcewell or other similar entity.
Therefore, Staff is recommending procurement of these two Command staff vehicles utilizing the exception to normal bidding procedures allowed by Municipal Code Section
3.20.050(D):
“City Council Authorization: When the city council by a four-fifths vote determines to dispense with such bidding and other procedures required by the above- mentioned sections in every individual instance upon a finding by the city council that it would be impractical, useless, or uneconomical in such instance to follow the procedures, and that the welfare of the public would be promoted by dispensing with the same”
The Ford Explorer and Chevrolet Tahoe are immediately available at Ford of Montebello and Camino Real Chevrolet. Procuring these readily available vehicles shortens the time from purchase to operation. The remaining nine (9) Police patrol vehicles approved in the FY 2023-24 budget will be procured through the typical piggybacking process, and will be charged to the Asset Forfeiture Fund. An agenda report will be presented at a subsequent City Council meeting requesting approval of the purchase of Police patrol vehicles.
BACKGROUND/DISCUSSION:
The Police Administration Division currently utilizes a fleet of four vehicles, which are primarily used by the Police Chief , Assistant Chief and two Police Captains. Two of the four vehicles have come to the end of their serviceable use and need to be decommissioned due to costly repairs and processed as surplus. Purchase of the Explorer and Tahoe will provide replacement for these two vehicles.
In some instances, police agencies are able to utilize unneeded patrol cars to serve as crime deterrent “decoys.” In this circumstance, the vehicles being replaced are unmarked and would not serve as useful decoys. Moreover, even as decoys, they still must be maintained so as to remain minimally operational. The Police Department will explore the ability to use any unneeded black and white patrol vehicles as decoys in the near future should that opportunity present itself as part of the next round of vehicle purchases.
The administration vehicles are utilized by command staff during their on-duty hours as well in the event they are called out on a critical incident after-hours. The current fleet consists of vehicles which are more than six years old, and as a result, are becoming expensive to maintain. The vehicles requested would replace two (2) vehicles in the police administration fleet. Montebello Police command staff have historically been provided a take-home vehicle due to the nature of their position. They are required to respond quickly to emergencies or critical incidents. This can be important for making decisions, coordinating resources, and providing leadership during crises. Further, command staff may be responsible for emergency management and disaster response.
Having a take-home vehicle ensures they are prepared to respond to disasters or other
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
large-scale incidents at any time.
Vendors have communicated a vehicle inventory shortage throughout the country, with recent labor actions causing delays in receiving vehicles. In addition to the vehicle purchase costs, there will be a need to purchase emergency equipment for each new vehicle, such as red and blue emergency lights, radios, etc. This expedited procurement process allows for the replacement of aging, expensive to maintain vehicles.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council approve the purchase of vehicles for Police Administration directly through dealerships and direct staff to take such additional, and related, action that may be desirable, per Municipal Code Section 3.20.050(D).
ATTACHMENT(S)
1. Attachment A - Quote - Ford of Montebello
2. Attachment B - Quote - Camino Real Chevrolet
3. Attachment C - Quote - Ford of Long Beach
4. Attachment D - Quote - Norm Reeves Ford
5. Attachment E - Quote - Keyes Chevrolet
6. Attachment F - Quote - Chevrolet of Irvine
NEXT STEPS:
N/A
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D
ATTACHMENT E
ATTACHMENT F
ITEM # 11
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Paul Espinosa, Police Chief
SUBJECT: APPROVAL OF CALIFORNIA OFFICE OF TRAFFIC SAFETY (OTS),
SELECTIVE TRAFFIC ENFORCEMENT PROGRAM (STEP) GRANT
FUNDS UTILIZATION
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the use of grant funding awarded to the Police Department by the California Office of Traffic and Safety (OTS) through the Selective Traffic Enforcement Program (STEP), Grant number PT24122, in the amount of $145,000; and
2. Amend the Fiscal Year 2023-24 budget and increase appropriations by $145,000 in grant Account No. 265-8013-800, OTS-STEP Grant, PT24122 FY 2023-24 (Overtime, Other Direct Costs and Travel and Meetings); and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City of Montebello by and through the Montebello Police Department is being awarded $145,000 from the OTS-STEP Grant Program (“Grant”). Although the City must pay upfront costs, all related, authorized expenditures will be reimbursed by the Grant quarterly for an amount up to $145,000.
The funds are to be distributed to a specific OTS-STEP account, which will reflect the following budget (Account No.265-8013-800, OTS-STEP, PT24122 FY 2023-24):
1. Personnel Costs-Overtime (5010.10) $122,100
2. Travel Expenses (6020) $4,500
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
3. Other Direct Costs (6040.40) $18,400
TOTAL $145,000
BACKGROUND/DISCUSSION:
On October 6, 2023, the Department was awarded an OTS-STEP Grant in the amount of $145,000. The time period of the Grant is October 1, 2023, to September 30, 2024.
Funding from this Grant has been approved for traffic operations and other miscellaneous traffic and checkpoint supplies.
The Department has primarily focused on reducing alcohol and speed-related collisions.
Through the use of educational campaigns that focus on traffic safety topics such as distracted driving and primary collision factors, the Department will continue to educate the community on the importance of safe driving practices. The Department is currently expanding staff in the traffic unit, adding traffic safety equipment, and expanding training opportunities.
The Department’s goal is to use the Grant funds to enforce traffic laws, educate the public about traffic safety, and provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions. These tasks will be achieved through a focused traffic enforcement plan utilizing operations that are data-driven and that our Department has the capacity to complete.
ENVIRONMENTAL:
N/A
ANALYSIS:
Best practice strategies will be implemented to reduce the number of persons killed and injured in crashes involving alcohol and primary collision factors that are prevalent in our City including speeding, tailgating, illegal U-turns, and stop sign violations. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational presentations on topics that may include: child passenger safety, occupant protection, and safe senior driving practices. These strategies and campaigns are advertised on our City’s website and social media platforms with the goal of capturing the communities’ attention to encouraging safe driving practices.
SUMMARY:
The Department has been awarded a STEP Grant from OTS in the amount of $145,000.
The Grant award will enable the Department to conduct traffic safety and enforcement operations. As a result of the award of these reimbursable grant funds, the Department is able to deploy officers and conduct high-visibility traffic campaigns. The support of the OTS-STEP Grant will aid in these goals and expand our efforts.
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
City Council is being asked to authorize the proposed use of the Grant as further outlined in the attached Grant Agreement (PT24122) and amend the FY 2023-24 budget by increasing appropriations by $145,000 in grant Account Number 265-8013-800-5010.10, 6010.40 and 6020, OTS-STEP, PT24122 FY 2023-24 Overtime, Travel and Meetings, and other Direct Costs (see table above for exact dollar allocation).
ATTACHMENT(S)
1. Attachment A- State of California- Office of Traffic Safety- Grant Agreement PT24122
NEXT STEPS:
N/A
10/6/2023 8:37:09 AM Page 1 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT24122
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
Montebello From:
To:
10/01/2023
09/30/2024 4. AGENCY UNIT TO ADMINISTER GRANT
Montebello Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $145,000.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Vanessa Padilla Nava
Grants and Project Administrator
(323) 887-1238
1600 W. Beverly Blvd.
Montebello, CA 90640
ADDRESS: Paul Espinosa
Chief of Police
(323) 887-1212
1600 W. Beverly Blvd.
Montebello, CA 90640
{{_es_signer2_signature}} {{_es_signer2_date}} {{_es_signer4_signature}} {{_es_signer4_date}} (Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
ADDRESS: Michael Solorza
Director of Finance
(323) 887-1412
1600 W. Beverly Blvd.
Montebello, CA 90640
ADDRESS: Barbara Rooney
Director
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
{{_es_signer3_signature}} {{_es_signer3_date}} {{_es_signer6_signature}} {{_es_signer6_date}} (Signature) (Date) (Signature) (Date)
10/6/2023 8:37:09 AM Page 2 of 19
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
M8MYZCCFENF8
1600 West Beverly Boulevard
Montebello
90640-3932
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
164AL-24.1 20.608 0521-0890-101 2022 43/22 BA/22 $28,900.00 402PT-24.1 20.600 0521-0890-101 2022 43/22 BA/22 $20,400.00 164AL-24 20.608 0521-0890-101 2023 12/23 BA/23 $56,100.00 402PT-24 20.600 0521-0890-101 2023 12/23 BA/23 $39,600.00
AGREEMENT
TOTAL $145,000.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$145,000.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE {{_es_signer5_signature}} {{_es_signer5_date}} $145,000.00
10/6/2023 8:37:09 AM Page 3 of 19
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT24122
1. PROBLEM STATEMENT
The City of Montebello Police Department is planning to address and reduce traffic safety concerns in the City of Montebello using a combination of enforcement and education. Using the highest standards and most up-to-date analytics, the enforcement operations will be dedicated to the most prevalent traffic problems. By increasing the visibility of our program goals and distributing educational material on safe driving practices, the department will enhance traffic safety enforcement operations. Through these methods, the department will be successful in curbing Montebello’s traffic problems and most importantly reducing the overall number of traffic crashes that cause injuries and fatalities.
The City of Montebello is a bustling and charming community located in Los Angeles County. Traffic volume is heavy throughout the city for several reasons. Montebello covers an area of approximately 8.25 miles and is bordered on the south by the Santa Ana Freeway (I-5) and on the north by the Pomona Freeway (SR-60).
Several other freeways are nearby and easily accessible from the area including the Long Beach Freeway 710 and San Gabriel Freeway 605. Montebello is often referred to as a gateway city, with proximity to downtown Los Angeles and its shared borders with several cities including Monterey Park, Pico Rivera, Rosemead, Commerce, and East Los Angeles. The city is primarily residential; however, there is strong growth of commercial property and businesses. Montebello is home to a large shopping mall with heavy traffic that substantially increases during the holiday season. Additionally, there are five private schools, thirty-three schools in the Montebello Unified School District, and several universities in the surrounding area. Montebello is in one of the busiest counties in the country, it is bordered by heavily traveled freeways and is an area by which numerous commuters travel, shop, and reside on a daily basis. All these factors contribute to several traffic problems that the department hopes to mitigate.
The City of Montebello is fortunate to have an active community that is very aware and concerned of traffic trends. Social media has played a large role in creating this open and fluid communication. Through additional data analysis the Police Department has observed a trend emerge over the past few quarters, this new trend is being referred to as the “after-hours” trend. The noted crashes tend to be concentrated around the hours of after-school and after-work commutes. The data demonstrates that between the hours of 12:00 pm- 6:00 pm; 35%-45% of the crashes occurred in 2022. Concerning data also showed that in 2022, all 4 of the fatal crashes occurred during those daytime hours.
The City of Montebello is currently seeing a drastic increase in the number of citations and crashes involving speeding. In 2020 the Department noticed that the highest amount of speeding citations in recent years had been issued (297). While the number decreased last year to 236, this is still well above the number of citations in 2018 and 2019 with 122 and 194, respectively. Additionally, 2022 was the first year the Department saw an increase in speeding related crashes (639) after a four-year decrease following a peak of 767 in 2018. The department has monitored several car groups in the area that had held meetups in local parking lots. The goal will be to increase enforcement and visibility to deter the recurrence of the meet ups and street racing.
The City of Montebello Police Department has recently observed an increase in crashes involving bicyclists.
Unfortunately, several of those crashes have involved a primary crash factor where the bicyclist was on the wrong side of the road. For the Federal Fiscal Year 2022, our City saw 14 bicyclists injured in traffic crashes, 6 of which had a primary crash factor were the bicyclist was driving on the wrong side of the road. One of those crashes caused severe injuries to the cyclist; that crash occurred at night and the cyclist did not have any reflective or light equipment on his bicycle. For the year 2023, the Department already has 9 crashes reported involving bicyclists, two of which included severe injuries to the bicyclists. Both of those crashes involved an unsafe speed from the vehicle involved.
10/6/2023 8:37:09 AM Page 4 of 19
The City of Montebello has many low income areas in which families often times aren't able to afford proper helmets and bike safety gear. The Department will host bicycle rodeos, to educate elementary school age bicyclists on several safe riding topics including high visibility, safe riding practices, and safe road sharing practices. Bicycle helmets will be properly fitted and distributed to participants of the rodeos. The Department will distribute and properly fit helmets, distribute high visibility tape for bicycles, and provide bicycle maintenance checks for members of the community at events like National Night Out. The department will use the community events to educate parents and children about bicycle safety as well as use resources like social media to educate drivers about the importance of safely sharing the road with bicyclists.
An additional area of concern to our department and City is to ensure that the teen drivers of the community are practicing safe driving techniques. We currently have a hypothesis that due to the hours of the crash's occurrence; teen drivers might be more susceptible to the trend. To help deter this concern, the department will partner with schools to offer teen drivers safe driving educational presentations.
Having identified a noticeable trend in the hours of the crashes, it is that much more concerning that our alcohol involved crashes have also increased (18 injured in 2021 and 23 in 2022 including one fatality).
Additionally, our OTS Crash Rankings also showed our DUI arrests ranking increase from 34 in 2019 to 31 in 2020. This year the department will focus on expanding our social media campaigns to deter impaired driving. It is very apparent that our efforts are more necessary than ever before.
Having the attention and willing participation of the community allows the Police Department to address trends as soon as they are identified. The support of the community lends itself to advocating to the City for necessary infrastructure changes to address and reduce the occurrence of traffic crashes wherever possible by adjusting speed limits, changing and upgrading signs, and improving roadways.
While more data needs to be collected to further analyze the noted trends, the department now has more software and hardware equipment to make this analysis. The recent upgrade of the traffic reporting system through OTS funding, will soon hold a full year’s worth of data that will show additional details. Additionally, the City recently allowed the purchase of a mobile traffic data device that detects two lanes in the same direction (with lane separation data) and provides vehicle data for speed. These projects demonstrate the departments and City’s commitment to diversifying traffic collection tools that aid in implementing methods that eliminate crashes.
Montebello Police Department has diligently worked to identify and address traffic problems in the City of Montebello. The Office of Traffic Safety has allowed our efforts to make dramatic improvements, however, our work is not done. The efforts of this grant are personal goals for our department. Our collaborative efforts will create lasting changes that will reduce traffic injuries and lead to zero fatalities in the City of Montebello and surrounding regions.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
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11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release.
1 2. Distribute and properly fit bicycle helmets at no cost to community members in need, at bicycle rodeos, schools, workshops, and community events. 120
3. Purchase bicycle helmets. 120
4. Participate and report data (as required) in the following campaigns; Quarter 1:
National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
10 5. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 6. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 6 7. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 6 8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
3 9. Conduct DUI Saturation Patrol operation(s). 12
10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
11 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
4 12. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 5 13. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
4 14. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
2
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15. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
All training needed to implement the program should be conducted in the first quarter. All grant related purchases needed to implement the program should be made in the first quarter. In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.
Media Requirements Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year) The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.
Media Requirements
The following requirements are for all grant-related activities:
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at [email protected] and your OTS coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your Coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the
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OTS PIO at [email protected] and your Coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS Coordinator for approval prior to the production or duplication. Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS Coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo. Email the OTS PIO at [email protected] and copy your OTS Coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs. Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
Collect and report quarterly, appropriate data that supports the progress of goals and objectives. Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT24122
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-24 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$85,000.00
402PT-24 20.600 State and Community Highway
Safety
$60,000.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-24 $12,000.00 3 $36,000.00
DUI Saturation Patrols 164AL-24 $2,700.00 12 $32,400.00 Traffic Enforcement 402PT-24 $2,500.00 11 $27,500.00
Distracted Driving 402PT-24 $2,200.00 4 $8,800.00
Pedestrian and Bicycle Enforcement 402PT-24 $2,200.00 5 $11,000.00 Street Racing and Sideshow Enforcement
Operations
402PT-24 $2,500.00 2 $5,000.00
Traffic Safety Education 402PT-24 $350.00 4 $1,400.00
Category Sub-Total $122,100.00
B. TRAVEL EXPENSES
In State Travel 402PT-24 $4,500.00 1 $4,500.00
$0.00
Category Sub-Total $4,500.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-24 $1,400.00 1 $1,400.00
Phlebotomist 164AL-24 $800.00 11 $8,800.00
PAS Flashlight 164AL-24 $1,000.00 2 $2,000.00
Portable Light Tower 164AL-24 $2,200.00 2 $4,400.00
Bicycle Helmets 402PT-24 $15.00 120 $1,800.00
Category Sub-Total $18,400.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $145,000.00
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT24122
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by appropriate department personnel.
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Law Enforcement Forum and the California Traffic Safety Summit. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
-
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.
Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).
Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.
PAS Flashlight - Preliminary alcohol screening flashlight combines a high-intensity flashlight, a dynamic sampling system and a miniature alcohol sensor to analyze ambient air, breath, open containers or enclosed spaces for the presence of alcohol during enforcement efforts for DUI.
Portable Light Tower - High intensity light on a telescoping shaft and stabilized platform to illuminate a wide area for greater visibility during night time operations. Costs may include a generator and accessories.
Bicycle Helmets - Helmets to be distributed at no cost during bicycle rodeos and other bicycle safety related events. Cost per helmet not to exceed an average price of $15, including shipping, handling and tax. More expensive helmets may be purchased if approved by OTS.
INDIRECT COSTS
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-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.
The OTS grant funded activities must be separate from the CHP Cannabis Tax Fund Grant Program activities and maintained under separate accounting/tracking/other codes (example: the same DUI checkpoint may not be funded by both the CHP and the OTS).
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State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT24122
Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation— Effectuation of Title VI of the Civil Rights Act of 1964); 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex); Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally-funded or not); Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low -income populations);
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).
The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regu lations,” respectively.
GENERAL ASSURANCES
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In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which t he Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rig hts Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.
SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assura nces with respect to its Federally assisted Highway Safety Grant Program:
1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.
2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”
3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.
4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.
5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.
6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.
7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.
8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.
9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.
10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.
By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub -recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or complian ce reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review
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upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.
The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contrac ts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing be low is/are authorized to sign this ASSURANCE on behalf of the Recipient.
THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition;
b. Establishing a drug-free awareness program to inform employees about:
1. The dangers of drug abuse in the workplace;
2. The grantee's policy of maintaining a drug-free workplace;
3. Any available drug counseling, rehabilitation, and employee assistance programs;
4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;
5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—
1. Abide by the terms of the statement;
2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction;
d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—
1. Taking appropriate personnel action against such an employee, up to and including termination;
2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.
POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)
CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for all sub - awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
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This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adop tion of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)
INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies a vailable to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or age ncy entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lowe r tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —
PRIMARY TIER COVERED TRANSACTIONS
10/6/2023 8:37:09 AM Page 15 of 19
1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certific ation; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.
2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.
INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction wa s entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any pr ospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website ( https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXC LUSION—
LOWER TIER COVERED TRANSACTIONS
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is prese ntly debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.
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2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.
BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufacture d products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory qualit y, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justific ation for approval by the Secretary of Transportation.
CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)
GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, a ccept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal inter est in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:
1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts.
b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.
2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.
DISCLOSURE REQUIREMENTS
No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a gran t or cooperative agreement, whose objectivity may be impaired because of an y related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:
1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.
2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.
3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.
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POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides informa tion on statistics, campaigns, and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company - owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.
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INSTRUCTIONS FOR ADDING OR UPDATING GEMS USERS
1. Each agency is allowed a total of FIVE (5) GEMS Users.
2. GEMS Users listed on this form will be authorized to login to GEMS to complete and submit Quarterly Performance Reports (QPRs) and reimbursement claims.
3. Complete the form if adding, removing or editing a GEMS user(s).
4. The Grant Director must sign this form and return it with the Grant Agreement.
CURRENT GEMS USER(S)
1. Laurence Gong
Title: Accounting Manager Media Contact: Yes
Phone: (323) 887-1417
Email: [email protected]
2. Vanessa Padilla Nava
Title: Grants and Project Administrator Media Contact: Yes Phone: (323) 887-1238
Email: [email protected]
3. Steve Sharpe
Title: Lieutenant Media Contact: Yes
Phone: (323) 480-4000 ext. 311
Email: [email protected]
State of California – Office of Traffic Safety
OTS-55 Grant Electronic Management System (GEMS) Access Exhibit C
GRANT NUMBER
PT24122
GRANT DETAILS
Grant Number: PT24122
Agency Name: Montebello Police Department
Grant Title: Selective Traffic Enforcement Program (STEP) Agreement Total: $145,000.00
Authorizing Official: Paul Espinosa
Fiscal Official: Michael Solorza
Grant Director: Vanessa Padilla Nava
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Complete the below information if adding, removing or editing a GEMS user(s)
GEMS User 1
Add/Change {{[]c11_es_:signer1}} Remove Access {{[] c12_es_:signer1}}
Add as a media contact? Yes {{[]c1_es_:signer1}} No{{[]c2_es_:signer1}} {{UserName1_es_:signer1 }} {{UserTitle1_es_:signer1 }} Name Job Title
{{UserEmail1_es_:signer1 }} {{UserPhone1_es_:signer1 }} Email address Phone number
GEMS User 2
Add/Change {{[]c13_es_:signer1}} Remove Access {{[]c14_es_:signer1}}
Add as a media contact? Yes {{[]c3_es_:signer1}}No {{[]c4_es_:signer1}} {{UserName2_es_:signer1 }} {{UserTitle2_es_:signer1 }} Name Job Title
{{UserEmail2_es_:signer1 }} {{UserPhone2_es_:signer1 }} Email address Phone number
GEMS User 3
Add/Change {{[]c15_es_:signer1}} Remove Access {{[]c16_es_:signer1}}
Add as a media contact? Yes {{[]c5_es_:signer1}}No {{[]c6_es_:signer1}} {{UserName3_es_:signer1 }} {{UserTitle3_es_:signer1 }} Name Job Title
{{UserEmail3_es_:signer1 }} {{UserPhone3_es_:signer1 }} Email address Phone number
GEMS User 4
Add/Change {{[]c17_es_:signer1}} Remove Access {{[]c18_es_:signer1}}
Add as a media contact? Yes {{[]c8_es_:signer1}}No {{[]c7_es_:signer1}} {{UserName4_es_:signer1 }} {{UserTitle4_es_:signer1 }}
Name
Job Title
{{UserEmail4_es_:signer1 }} {{UserPhone4_es_:signer1 }} Email address Phone number
GEMS User 5
Add/Change {{[]c19_es_:signer1}} Remove Access {{[]c20_es_:signer1}}
Add as a media contact? Yes {{[]c9_es_:signer1}}No {{[]c10_es_:signer1}} {{UserName5_es_:signer1 }} {{UserTitle5_es_:signer1 }} Name Job Title
{{UserEmail5_es_:signer1 }} {{UserPhone5_es_:signer1 }}
Email address
Phone number
Form completed by: {{Sig_es_:signer1:signature}} Date: {{Dte1_es_:signer1:date}}
As a signatory I hereby authorize the listed individual(s) to represent and have GEMS user access. {{Sig_es_:signer2:signature}} {{Name1_es_:signer2:fullname }} Signature Name
{{Dte2_es_:signer2:date}} Grant Director
Date Title
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE ISSUING A BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES REQUEST FOR PROPOSAL (RFP) NO. 24-7
DATE: October 25, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve issuing a Bus Stop Improvement Project (BSIP) Consulting Services Request for Proposal (RFP) No. 24- 7; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact related to issuing Request for Proposals (RFP) No. 24-7 for Bus Stop Improvement Project (BSIP) Consulting Services (see Attachment A). Once a consultant is selected for award, the City Council will be asked to consider approving a Professional Services Agreement and amend the City of Montebello Department of Transportation’s Fiscal Year 2023-24 adopted budget if needed.
BACKGROUND/DISCUSSION:
The City of Montebello is soliciting proposals from highly qualified consultants to provide in-depth Bus Stop Improvement Project (BSIP) Consulting Services to improve the agency’s transit system (Montebello Bus Lines).
The City operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third-largest municipal bus system in Los Angeles County, MBL proudly serves approximately 2.6 million passengers annually throughout the communities of Alhambra, Bell Gardens, San
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
MBL’s transit system consists of a fleet of sixty-six (67) 35ft-40ft buses (three electric, twenty hybrid, and forty-four Compress Natural Gas (CNG) buses), one 25ft cutaway shuttle, nearly 1,000 bus stops, and 2 transit hubs. MBL buses travel in highly visible corridors throughout various communities. These corridors include colleges and universities, retail areas, and other commercial and industrial areas.
RFP No. 24-7 seeks to secure the most qualified consultant to perform an in-depth analysis of the City of Montebello’s bus shelters and evaluate overall structural needs to provide services to the various customers that MBL serves. The project will act as a guide to improve bus shelters and facilitate a future construction RFP which will follow the guidelines the consultant provides in their final report.
Once RFP No. 24-7 is approved, the notice inviting proposals will be published using Planetbids.com, Montebelloca.gov, and the Wave Newspaper, beginning October 26, 2023. All bids will be submitted through the Planetbids.com platform. The due date for all proposals will be December 21, 2023. It is anticipated that a consultant will be selected in January, with the award of a professional services agreement brought before the City Council for consideration shortly thereafter.
ENVIRONMENTAL:
N/A
ANALYSIS:
The Transportation Department requests the authority to issue RFP No. 24-7, to solicit proposals from qualified consultants to provide bus stop improvement consulting services. The selected consultant will possess the relevant experience required to provide the analysis and development of successful and innovative bus stop designs and options. The consultant must be able to complete the following tasks:
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
A selection process will be used to evaluate proposals based on various qualitative components and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, quality of
CITY COUNCIL AGENDA REPORT - MEETING OF OCTOBER 25, 2023
proposed personnel, qualifications and experience, and technical approach. Proposals will be evaluated based on the following qualitative and quantitative factors with the weighted value set forth below:
SUMMARY:
Staff recommends that the City Council approve issuing RFP No. 24-7, attached hereto in substantial form, for Bus Stop Improvement Project (BSIP) Consulting Services; and direct staff to take such additional related action that may be desirable.
ATTACHMENT(S)
1. Attachment A: Request for Proposal (RFP) No. 24-7
NEXT STEPS:
N/A
ATTACHMENT A
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 24-7
Bus Stop Improvement Project (BSIP) Consulting Services October 26th, 2023
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home
RFP No. 24-7
2 TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16 Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
Licensing, Permits, and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - QUALIFICATIONS 17 SECTION 4 - SCOPE OF WORK 18-21 SECTION 5 - FORM OF CONTRACT (SAMPLE) 22- 32
RFP No. 24-7
3 SECTION 6 - FORMS AND CERTIFICATIONS 33-56 Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E - Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit F – Federal Requirements
RFP No. 24-7
4 INTRODUCTION
The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals from qualified consultants to provide an in-depth Bus Stop Improvement Project (BSIP) Consulting Services to improve the agency’s transit system.
The City operates MBL to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities. As the third-largest municipal bus system in Los Angeles County, MBL proudly serves approximately 2.6 million passengers annually throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.
MBL’s transit system consists of a fleet of sixty-six (67) 35ft-40ft buses (three electric, twenty hybrid, and forty-four Compress Natural Gas (CNG) buses), one 25ft cutaway shuttle, nearly 1,000 bus stops, and 2 transit hubs. MBL buses travel in highly visible corridors throughout various communities. These corridors include colleges and universities, retail areas, and other commercial and industrial areas.
This Request for Proposal (RFP) seeks to secure the most qualified consultant to perform an in-depth analysis of the City of Montebello’s bus shelters and evaluate overall structural needs to provide services to the various customers that MBL serves. The project will act as a guide to improve bus shelters and also facilitate a future construction RFP which will follow the guidelines the consultant provides in their final report.
The Scope of Work will include the deliverables to be prioritized and submitted to MBL as follows:
•Bus stop Inventory and Assessment Report.
•Design Recommendations.
•Amenity Recommendations.
•Plan and Design of Development Phase.
•Cost Assessments outlined in Tasks.
•Timeline or schedule to complete each Task.
RFP No. 24-7
5 DATE: October 26 th, 2023
ATTENTION:PROSPECTIVE PROPOSERS
SUBJECT:REQUEST FOR PROPOSAL (RFP) NO.24-7
TITLE: CITY OF MONTEBELLO (CITY) and MONTEBELLO BUS LINES (MBL)
BUS STOP IMPROVEMENT PROJECT (BSIP) CONSULTING SERVICES The City of Montebello (City), Montebello Bus Lines (MBL), is soliciting proposals (Proposals) from highly qualified consultants (Consultants) to provide an in-depth Bus Stop Improvement Project (BSIP) Consulting Services to improve the agency’s transit system.
A Pre-Proposal Meeting will be held on Tuesday, November 14th, 2023. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello.
All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).
Name: Matt Lightner
Title: Management Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.1344
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally in person will not receive a response.
Proposals must be received by Thursday, December 21 st, 2023, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.
All Proposals must contain an original signature by an authorized officer of the company.
The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer
RFP No. 24-7
6 affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and subcontracts financed in part or whole under this RFP and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.
The City reserves the right to reject any or all Proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City, and to be the sole judge of the merits of the respective proposal received.
The City is committed to ensuring that no person is excluded from participation in or denied the benefits of its programs and/or services based on race, color, or national origin per FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, MBL also prohibits discrimination based on sex, age, or disability.
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on MBL’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: Adrianna Kendricks
Title: Director of Transportation
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:
U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov
TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday October 26th, 2023
Pre-Proposal Meeting Tuesday November 14th, 2023, at 10:00 AM PST Deadline to Submit Questions Tuesday November 28th, 2023, at 3:00 PM PST Responses to Questions Provided Thursday December 7th, 2023 Deadline to Submit Proposals Thursday December 21st, 2023, at 3:00 PM PST Presentations & Intent to Award Week of January 4th, 2024