CITY OF MONTEBELLO
CITY COUNCIL
REGULAR MEETING
WEDNESDAY, NOVEMBER 8, 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
November 8, 2023: City Council Meeting Page 2 of 9
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,
November 8, 2023: City Council Meeting Page 3 of 9
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
a. Government Code Section 54956.9(d)(1)
Proposed Class Action Settlements
City of Camden, et al., v. E.I. DuPont de Nemours and Company, et al., No. 2:23-cv-03230-RMG City of Camden, et al., v. 3M Company, No. 2:23-cv-03147-RMG
b. Government Code Section 54956.9(d)(1)
Keller vs. City of Montebello, et al.
Case No: ADJ5593999, ADJ5594000, ADJ5594001
2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d)(2)
One matter related to the Brownfield Overlay Zone
REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA - ACTING CITY MANAGER
CEREMONIAL ITEMS/PRESENTATIONS
3. CITIZEN OF THE MONTH - ABRAHAM LIM
4. MOVEMBER
5. ALZHEIMER'S DISEASE AWARENESS MONTH
6. HUMAN TRAFFICKING AWARENESS MONTH
7. ATHENS SERVICES - SERVICE UPDATES
November 8, 2023: City Council Meeting Page 4 of 9
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.
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
PUBLIC HEARING
8. WAIVE FIRST READING AND INTRODUCE ORDINANCE NO. 2466 AMENDING THE GENERAL PLAN AND ZONING DESIGNATION (CASE NO. PC-2023-0012-GPA-ZC-LLA) FOR THE PROPERTY LOCATED AT 437 N. SPRUCE STREET TO ALLOW ZONING CONFORMITY FOR THE EXISTING COMMERCIAL AND
RESIDENTIAL USES AT THE PROJECT SITE
RECOMMENDATION: It is recommended that the City Council:
1. Uphold the recommendation from the Planning Commission to approve General Plan Amendment (GPA) and Zone Change (ZC) Case No. PC-2023-0012-GPA-ZC-LLA to amend the General Plan Designation from Boulevard Commercial to Boulevard Commercial (proposed Lot A) and Low Density Residential (proposed Lot B) and approve a Zone Change (ZC) from C-1 (Neighborhood Commercial) to C-1 (proposed Lot A) and R-1 (Single Family Residential) (proposed Lot B) to allow the existing commercial and residential uses at 437 N. Spruce Street, Montebello, California 90640 (the "Project Site") to be properly designated, and make related findings that the proposed project is consistent with the Montebello General Plan; and
2. Waive first reading and introduce Ordinance No. 2466 approving a GPA and ZC (Case No. PC-2023- 0012-GPA-ZC-LLA) for the property located at the Project Site; and
3. Find and determine the GPA and ZC to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change; and
4. Take such additional, related, action that may be desirable.
REGULAR BUSINESS
9. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2467 ADDING THE NEW CITY OF MONTEBELLO LOGO AND ITS VARIATIONS TO MUNICIPAL CODE SECTION 1.16.010 "CITY LOGO AND CITY SEAL ADOPTED AND ADDED"
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a first reading and introduction of Ordinance No. 2467(Attachment “A”) to add the new City of Montebello logo and its variations to Municipal Code Section 1.16.010; 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,
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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.
10. APPROVE PURCHASE OF SELF-CONTAINED BREATHING APPARATUS (SCBA’s) AND NECESSARY
ACCESSORIES
RECOMMENDATION: It is recommended that the City Council:
1. Authorize Staff to execute an agreement with L.N. Curtis and Sons, Inc. for a not-to-exceed amount of $418,500 for the purchase of 25 Self-Contained Breathing Apparatus (SCBA’s) Harnesses, 52 SCBA cylinders, 85 SCBA Masks, one (1) SCBA Rapid Intervention Crew (RIC) System and necessary equipment and accessories; and
2. Find that the use of the pre-bid Sourcewell contract #032620-LNC conforms with Montebello Municipal Code Chapter 3.20.050 (F) Cooperative Purchase; and
3. Approve the surplus of the unneeded Self-Contained Breathing Apparatus (SCBA’s) and any associated equipment; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $418,500 in Account No. 100- 85-860-6010.60 (General Fund, Fire, Suppression, Machinery and Equipment - Personal Protective Equipment); and
5. Take such additional, related actions necessary.
11. APPROPRIATE FISCAL YEAR 2023 LAW ENFORCEMENT MENTAL HEALTH AND WELLNESS ACT (LEMHWA) GRANT FUNDING
RECOMMENDATION: It is recommended that the City Council:
1. Approve the use of grant funding awarded to the Police Department by the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS), FY 2023 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects, Grant Award Number 15JCOPS-23-GG- 01727-LEMH, in the amount of $197,250; and
2. Amend the Fiscal Year 2023-24 budget and increase appropriations by the following amounts in Account Nos. 265-80-833-5010.10- Grants, Police Department, LEMHWA - Mental Health Wellness, Overtime, $27,250: 265-80-833-6040.10 - Other Contract Services: $146,000, 265-80-833-6010.40 - Machinery and Equipment Computer Software: $24,000, and 265-99-4198.23 - Grants, LEMHWA Mental Health Wellness (Revenue) $197,250; and,
3. Take such additional, related action that may be desirable.
12. MONTEBELLO TORNADO EVENT UPDATE REPORT
RECOMMENDATION: It is recommended that the City Council:
1. Receive and File Montebello Tornado Event Update Report; and
2. Take such additional, related action that may be desirable.
13. ADOPT RESOLUTION NO. 23-78 APPROVING VEHICLE MILES TRAVELED (VMT) THRESHOLDS AS REQUIRED BY SENATE BILL 743
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-78 approving a threshold of significance and screening criteria for purposes of analyzing transportation impacts pursuant to the California Environmental Quality Act (“CEQA”) using Vehicle Miles Traveled (“VMT”) as required by Senate Bill 743 and make related findings that the proposed project is consistent with the Montebello General Plan; and
2. Determine and find that the subject is not a project within the meaning of the CEQA Guidelines Section 15378 and is therefore not subject to CEQA.
3. Take such additional, related action that may be desirable.
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14. REPORT OF EMERGENCY REPAIRS TO THE POLICE DEPARTMENT BUILDING AND APPROVAL OF
CONTRACTS FOR REQUIRED REPAIR AND REMEDIATION WORK
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the City Manager’s report of emergency repairs to the Montebello Police Department headquarters building pursuant to Montebello Municipal Code Section 3.20.140(F) and Public Contracts Code Section 22035; and
2. Determine and find that the repairs, remediation, and purchases are of an emergency nature and are required for use of the first floor of the Police Department Building; and
3. Authorize the Acting City Manager to execute professional service agreements with Office Solutions Business Products & Services LLC (DBA: Blue Space Interiors), Pro Ceramic Tile, Mr. Rooter Plumbing, Western Audio Visual, and Premier Wall Systems for the repair of the first floor of the Montebello Police Department; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $500,000 in Account No. 100- 80-840-7115 (General Fund, Police, Headquarters Rehab-Repair, Building Improvements); and
5. Take such additional, related action that may be desirable.
15. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3798 WITH ALLIED UNIVERSAL TO PROVIDE JAIL
SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Amendment No. 1 to Agreement No. 3798 with Allied Universal for professional services operating the Montebello Police Department’s Type 1 Jail Facility which will exercise the first of the provided two (2) year extensions; and
2. Authorize the Acting City Manager and/or her designee to execute Amendment No. 1 on behalf of the City of Montebello; and
3. Take such additional, related action that may be desirable.
16. AMEND THE FISCAL YEAR 2023-24 BUDGET BY INCREASING APPROPRIATIONS IN THE AMOUNT OF $2,100,000 FOR THE MONTEBELLO DOWNTOWN SEWER INFRASTRUCTURE IMPROVEMENT PROJECT
RECOMMENDATION: It is recommended that the City Council:
1. Amend the Fiscal Year 2023-24 Budget by increasing appropriations in the amount of $2,100,000 in Account No. 263-30-340-6040.45 (Sewer Infrastructure Improvement, Pubic Works, Sewer Maintenance, Contract Services-Sewer Maintenance) and Account No. 263-99-4025.10 (Sewer Infrastructure Improvement, SWRCB-Sewer Infrastructure Improvement) to fund the Downtown Sewer Infrastructure Improvement Project; and
2. Take such additional, related action that may be desirable.
17. APPROVE RECEIPT OF SUBWARD FROM THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CAL- OES) FOR FISCAL YEAR 2023 EMERGENCY OPERATIONS CENTER (EOC) GRANT PROGRAM AND
APPROPRIATE GRANT FUNDING
RECOMMENDATION: It is recommended that the City Council:
1. Approve receipt of $2,211,745 in grant funding awarded to the City by the Federal Emergency Management Agency (FEMA), Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program as a Subaward from the California Office of Emergency Services (Cal-OES); and
2. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $2,211,745 in Account No. 262- 85-863-6040.10 (Cal-OES EOC, Fire, Cal-OES, Other Contract Services [Expenditures]) and Account No. 262-99-4198.15 (Cal-OES EOC, Cal-EOS [Revenue]); and
3. Take such additional, related action that may be desirable.
18. CALL FOR MEETING FOR NOVEMBER 22, 2023
RECOMMENDATION: It is recommended that the City Council:
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1. Conduct a Regular City Council Meeting on November 22, 2023, to begin at 6:00 p.m. for closed session and immediately commence the open meeting at the conclusion of closed session and not wait until 7:00 p.m., or to commence the open meeting at 6:00 p.m. if there are no closed session items; and
2. Take such additional, related action that may be desirable.
19. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSAL (RFP No. 24-9) FOR A SOURCE CAPTURE
EXHAUST SYSTEM
RECOMMENDATION: It is recommended that the City Council:
1. Authorize issuance of a Request for Proposals (RFP No. 24-9) for a source capture exhaust system; and
2. Take such additional, related action that may be desirable.
20. APPROVE A REVENUE SHARING AGREEMENT No. 4161 BETWEEN THE CITY OF MONTEBELLO AND
THE LOS ANGELES COMMUNITY COLLEGE DISTRICT FOR THE MONTEBELLO FIRE DEPARTMENT
EDUCATIONAL AND TRAINING PROGRAMS
RECOMMENDATION: It is recommended that the City Council:
1. Authorize the Acting City Manager to execute a Revenue Sharing Agreement No. 4161 between the City of Montebello and the Los Angeles Community College District (LACCD) for the Montebello Fire Department Educational and Training Programs; and
2. Take such additional, related action that may be desirable.
21. APPROVE REIMBURSEMENT AGREEMENT BETWEEN THE CITY AND QUIET CANNON MANAGEMENT (QCM) TO INCLUDE PAYMENT OF PRIOR INVOICES AND AMEND THE FISCAL YEAR 2023-24 BUDGET
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Reimbursement Agreement between the City of Montebello and Quiet Cannon Management, Inc. (QCM) related to the payment of invoices for “Campus Host Services” at Quiet Cannon for the period of July 2019 through September 2023; and
2. Approve the payment of invoices for landscape services of the surrounding areas at the Quiet Cannon for the period of January 2022 through September 2023; and
3. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $338,318 in Account No. 610- 66-6040.10 (Golf Course, Quiet Cannon Perimeter, Other Contract Services); and
4. Take such additional, related action that may be desirable.
22. APPROVE SOLE-SOURCE PURCHASE OF A FARO TECHNOLOGIES, INC. TRAFFIC LASER SCANNER
RECOMMENDATION: It is recommended that the City Council:
1. Approve a sole-source purchase order with Faro Technologies, Inc, for the total not-to-exceed amount of $65,000 to procure a laser scanner used for traffic accident 3-D reconstruction; and
2. Take such additional, related action that may be desirable.
23. AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION OF THE SENIOR CENTER RENOVATION PROJECT AT 115 S. TAYLOR AVENUE
RECOMMENDATION: It is recommended that the City Council:
1. Approve the Plans and Estimate for the Construction of the Senior Center Renovation Project at 115 S.
Taylor Avenue; and
2. Authorize the City Clerk to publish the Notice Inviting Bids (Attachment A); and
3. Approve the Notice of Exemption (Attachment B) for the subject project and authorize the City Clerk to file the notice of Exemption with Los Angeles Registrar-Recorder; and
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4. Take such additional, related action that may be desirable.
24. APPROVAL OF COOPERATIVE AGREEMENT NO. 4160 WITH LOS ANGELES COUNTY DEPARTMENT OF
PUBLIC WORKS FOR WASHINGTON BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM (TSSP)
RECOMMENDATION: It is recommended that the City Council:
1. Approve Agreement No. 4160 (Attachment A) with the Los Angeles County Department of Public Works for the Washington Boulevard Traffic Signal Synchronization Program (TSSP); and
2. Authorize the Acting City Manager to execute the Agreement on behalf of the City; and
3. Amend the Fiscal Year 2023-24 budget by allocating unprogrammed funds in fund 215 (Proposition C) by increasing appropriations by $559,800 (Account No. 215-99-7116, Proposition C, Improvements other than Building); and
4. Take such additional, related action that may be desirable.
25. APPROVAL OF MINUTES: OCTOBER 11, 2023 CITY COUNCIL MEETING
RECOMMENDATION: It is recommended that the City Council:
1. Approve said Minutes as is.
26. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-79 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED NOVEMBER 08, 2023
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 23-79 approving the Warrant Register dated November 08, 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.
• Scarlet Peralta, Mayor Pro Tem
• Angie M. Jimenez, Councilmember
• Salvador Melendez, Councilmember
• Georgina Tamayo, Councilmember
• David N. Torres, Mayor
CLOSED SESSION - CONTINUED
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on November 22, 2023, at 6:00 p.m., which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).
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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, November 5, 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 # 8
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: WAIVE FIRST READING AND INTRODUCE ORDINANCE NO. 2466
AMENDING THE GENERAL PLAN AND ZONING DESIGNATION (CASE
NO. PC-2023-0012-GPA-ZC-LLA) FOR THE PROPERTY LOCATED AT 437 N. SPRUCE STREET TO ALLOW ZONING CONFORMITY FOR THE
EXISTING COMMERCIAL AND RESIDENTIAL USES AT THE PROJECT SITE
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Uphold the recommendation from the Planning Commission to approve General Plan Amendment (GPA) and Zone Change (ZC) Case No. PC-2023-0012-GPA- ZC-LLA to amend the General Plan Designation from Boulevard Commercial to Boulevard Commercial (proposed Lot A) and Low Density Residential (proposed Lot B) and approve a Zone Change (ZC) from C-1 (Neighborhood Commercial) to C-1 (proposed Lot A) and R-1 (Single Family Residential) (proposed Lot B) to allow the existing commercial and residential uses at 437 N. Spruce Street, Montebello, California 90640 (the "Project Site") to be properly designated, and make related findings that the proposed project is consistent with the Montebello General Plan; and
2. Waive first reading and introduce Ordinance No. 2466 approving a GPA and ZC (Case No. PC-2023-0012-GPA-ZC-LLA) for the property located at the Project Site; and
3. Find and determine the GPA and ZC to be statutorily exempt from the California Environmental Quality Act (“CEQA”) under CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change; and
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact by approving a General Plan Amendment and Zone Change for the property located at 437 N. Spruce Street.
BACKGROUND/DISCUSSION:
On October 17, 2023, the Planning Commission held a duly noticed public hearing and considered the proposal for a General Plan Amendment, Zone Change, and Lot Line Adjustment (Case No. PC-2023-0012-GPA-ZC-LLA) to allow: 1) the General Plan designation to be changed from Boulevard Commercial to Boulevard Commercial and Low Density Residential; 2) the zoning designation to change from C-1 (Neighborhood Commercial) to C-1 and R-1 (Single-family Residential); and 3) the untying and reconfiguration of the lot lines of two existing lots at the property located at 437 North Spruce Street.
The Planning Commission approved a Lot Line Adjustment and recommended that the City Council approve GPA and ZC (Case No. PC-2023-0012-GPA-ZC-LLA). Approval of the Lot Line Adjustment is contingent upon the City Council’s approval of the GPA and ZC. The action of the Planning Commission was taken by a 3-0-0-2 vote with 3 members voting in favor of the proposal and 2 members being absent.
ENVIRONMENTAL:
Pursuant to the California Environmental Quality Act (CEQA) Guidelines, the proposed General Plan Amendment and Zone Change (Case No. PC-2023-0012-GPA-ZC-LLA) before the City Council are not considered a project per the CEQA definition of a project since the activity is statutorily exempt per CEQA Section 15061(b)(3) (Common Sense Exemption). CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change. The Planning Commission determined that the related Lot Line Adjustment for the adjustment of the boundary lines of the two lots at the Project Site is categorically exempt from CEQA under Section §15315 (Minor Land Divisions). Here, the City Council is specifically being asked to determine and find that the GPA and ZC are also exempt.
ANALYSIS:
The Applicant seeks approval to adjust the lot line boundaries of the two lots which are established at the Project Site. While this portion of the project was approved at a duly noticed public hearing before the Planning Commission during its meeting held on October 17, 2023, the discussion of the lot line adjustment is included here for background on the full scope of the proposed project. The Project Site is currently improved with a single-family residence totaling 1,396 square feet and a commercial building totaling 2,550 square feet which both cross over existing lot lines. The Project Site consists of one (1) parcel (Assessor’s Parcel Number 6345-004-022) with two (2)
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
tied lots which run vertically as portrayed in Exhibit “B-1” below.
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
EXHIBIT “B-1”
“Lot 1”, as identified in Exhibit “B-1”, consists of 9,058 square feet while “Lot 2” consists of 8,990 square feet. By adjusting the existing lot lines to run horizontally instead of vertically, the intent of the Applicant is to allow both the existing commercial and residential uses to be contained entirely within their own lots as “Proposed Lot “A”” and “Proposed Lot “B”” as well as displayed in Exhibit “B” to remove the nonconformity of the lots. After readjusting the existing lot lines, the “Proposed Lot “A””, as identified in Exhibit “B”, will consist of 9,519 square feet in size while the “Proposed Lot “B”’ will consist of 8,529 square feet in size. Per the Montebello Municipal Code (MMC) Chapters 17.10 and
17.22 et seq., the minimum lot size for a commercially and residentially zoned lot shall be 5,000 square feet. The proposed lot configuration will meet and exceed the minimum lot size requirements.
In addition to the proposed lot line adjustment, the Applicant is requesting to keep the General Plan and Zoning designations of the “Proposed Lot “A”” as Boulevard Commercial and C-1 (Neighborhood Commercial), as well as requesting to change the General Plan and Zoning Designations of the “Proposed Lot “B”” to Low Density Residential and R-1 (Single-Family Residential). No alterations or modifications are
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
proposed to any of the structures existing at the site. The proposed zoning and general plan amendments are compatible with the surrounding area considering that the site has already been established for years, with the commercial development being situated along the main Beverly Boulevard with other commercial land uses and the residential development being situated near other single family residential developments.
GENERAL PLAN LAND USE AND HOUSING ELEMENT
The General Plan Land Use Element designations proposed for the Project Site include the City’s Boulevard Commercial and Low-Density Residential land use designations.
The following General Plan Land Use Element goals and policies are applicable to the project proposal:
General Plan Land Use Element Goal #1 is “to formulate a plan which is responsive to the needs of the community, and which permits the orderly arrangement of land uses, permitting sufficient areas for reasonable development.”
General Plan Land Use Commercial Policy #1 states that “Commercial development in the City should be sited in appropriate locations according to need.”
General Plan Land Use Commercial Policy #5 states that “the City should contain ample commercial facilities to meet the needs of its residents as well as provide taxable revenues to the City.”
General Plan Land Use Residential Policy #2 states that “residential development of varying densities and housing types should be compatible among themselves and with adjacent commercial and industrial development.”
The proposed project conforms to the City of Montebello General Plan Land Use Element in that the residential and commercial developments existing at the project site have been established for well over 60 years, showcasing the compatibility of the different uses at the site. This is in line with the intent of General Plan Land Use Residential Policy #2 related to residential developments being compatible with adjacent commercial development. The single-family residential home at the site was originally built in 1948 while the commercial structure at the site was originally built in 1968. The commercial development at the site includes a barber shop and a beauty salon. These services help to meet the needs of the residents in the surrounding residentially designated areas consistent with General Plan Land Use Element Goal #1. Additionally, the proposed General Plan Amendment, Zone Change, and Lot Line Adjustment would allow the project site to be arranged in a more orderly manner considering that the existing land uses at the site are not fully compatible with the underlying General Plan and Zoning designations.
FINDINGS
Pursuant to Chapter 17.76 (Zone Changes and Amendments) of the MMC, the application for a zone change shall be made on a form provided by the City. The City’s
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
application for zone changes requires the applicant to thoroughly respond to the following items:
1. Describe how the proposed Zone Change is consistent with the objectives and policies of the General Plan;
The zone change is consistent with the objectives and policies of the General Plan in that the land use type and density of the project site is appropriate to the neighborhood and the surrounding uses. The existing commercial development is consistent with the other commercial developments situated along Beverly Boulevard while the existing residential development is consistent with the other single-family residential homes situated along Spruce Street. Additionally, the site is physically suitable for the proposed zone change considering that no new development is being considered in conjunction with the proposal and the existing residential and commercial developments will remain intact with no physical or structural changes. The proposed zone change is not likely to cause any substantial environmental damage, or to cause any serious public health problems. The General Plan Land Use analysis provided above further demonstrates how the proposed zone change is consistent with the objectives and policies of the General Plan.
2. Detail why the proposed Zone Change is necessary;
The Zone Change is necessary because the single-family home which exists at the site is not consistent with the General Plan and Zoning designation of the Project Site. Due to this inconsistency, the Project Site is currently considered non-conforming. By changing the zone of the two lots existing at the site, the Zone Change will bring the property into conformity with the City’s General Plan and Zoning Code. The proposed Zone Change will allow for the more reasonable development of the site and allow the property owner increased flexibility in managing and maintaining the site.
3. Describe how the proposed Zone Change will not create problems harmful to public health, safety, and general welfare;
The residential component of the Project Site has been constructed as a single-family residence since 1948 while the commercial component was constructed in 1958. The Zone Change would not create problems harmful to public health, safety, and general welfare considering that the scope of the project does not entail any new development and the site will remain the same as it has been for over the past 60 years. Any future development at the site will be reviewed to ensure consistency with the MMC, which will ensure that the project will not create problems harmful to public health, safety, and general welfare.
SUMMARY:
Staff requests that the City Council conduct a public hearing to consider all matters presented, waive the first reading, and introduce Ordinance No. 2466 upholding the Planning Commission’s recommendation to approve the General Plan Amendment and
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Zone Change (Case No. PC-2023-0012-GPA-ZC-LLA). Approval of the General Plan Amendment and Zone Change allows the related Lot Line Adjustment approved by the Planning Commission to move forward. Additionally, staff is requesting the City Council find and determine the GPA and ZC to be statutorily exempt from the CEQA under section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment.
ATTACHMENT(S)
1. Attachment A- Ordinance No. 2466 (PC-2023-0012-GPA-ZC-LLA)
2. Attachment B - Public Hearing Notice
3. Attachment C - Resolution No. 19-23
4. Attachment D - PC Resolution No. 20-23
5. Attachment E- CEQA NOE - 437 N. Spruce Street
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ATTACHMENT A – NOVEMBER 8, 2023
ORDINANCE NO. 2466
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA APPROVING GENERAL PLAN
AMENDMENT (“GPA”) AND ZONE CHANGE (“ZC”) (“CASE NO. PC- 2023-0012-GPA-ZC-LLA”) TO AMEND THE GENERAL PLAN LAND
USE DESIGNATION FROM BOULEVARD COMMERCIAL TO
BOULEVARD COMMERCIAL (PROPOSED LOT A) AND LOW DENSITY
RESIDENTIAL (PROPOSED LOT B) AS WELL TO APPROVE A ZONE
CHANGE (ZC) FROM C-1 (NEIGHBORHOOD COMMERCIAL) TO C-1
(PROPOSED LOT A) AND R-1 (SINGLE FAMILY RESIDENTIAL)
(PROPOSED LOT B) FOR THE PROPERTY LOCATED AT 437 NORTH SPRUCE STREET (“PROJECT SITE”), AND FINDING THAT THE
GENERAL PLAN AMENDMENT AND ZONE CHANGE ARE
STATUTORILY EXEMPT UNDER CEQA SECTION 15061(B)(3)
(COMMON SENSE EXEMPTION).
WHEREAS, the City of Montebello (“City”) received an application from Steven Rounds (“Applicant”) for a General Plan Amendment, Zone Change, and Lot Line Adjustment (Case No. PC-2023-0012-GPA-ZC-LLA) to allow: 1) the General Plan designation to be changed from Boulevard Commercial to Boulevard Commercial and Low Density Residential; 2) the zoning designation to change from C-1 (Neighborhood Commercial) to C-1 and R-1 (Single-family Residential); and 3) the untying and reconfiguration of the lot lines of two existing lots at the project site (“Project”) located at 437 N. Spruce Street (“Project Site”); and
WHEREAS, pursuant to Montebello Municipal Code (“MMC”) Chapter 17.76, the reclassification of specific properties from one zone to another can be initiated by motion of City of Montebello Planning Commission (“Planning Commission”) based upon its decision as to whether the public interest, convenience and necessity so requires the change of zone; and
WHEREAS, pursuant to MMC Chapter 17.76, the Planning Commission needs to recommend a specific course of action to the City Council after a public hearing has been conducted on any proposed zone change or amendment; and WHEREAS, on October 17, 2023, the Planning Commission held a duly noticed public hearing and adopted Planning Commission Resolution No. 20-23 recommending that the City Council approve General Plan Amendment and Zone Change Case No.
PC-2023-0012-GPA-ZC-LLA; and
WHEREAS, pursuant to Section 21067 of the Public Resources Code, and Section 15367 of the State California Environmental Quality Act (“CEQA”) Guidelines (Cal. Code
ORDINANCE NO. 2466
PAGE 2 OF 5
Regs., tit. 14, § 15000 et seq.), the City of Montebello is the lead agency for the proposed Project; and
WHEREAS, the GPA and ZC (PC-2023-0012-GPA-ZC-LLA) are not considered a "project," as per the CEQA definition of a "project" since the activity is statutorily exempt per CEQA Section 15061(b)(3) (Common Sense Exemption) and no physical changes will occur as a result of the activity; and
WHEREAS, on November 8, 2023, the City Council conducted a duly noticed public hearing on the proposed general plan amendment and zone change, at which the City Council received and considered staff presentations, recommendations, public testimony, and all other substantial evidence presented at the public hearing and included in the record for this matter; and
WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, the City Council of the City of Montebello hereby finds, declares and resolves as follows:
SECTION 1. RECITALS. The foregoing recitals are true and correct and are hereby incorporated as substantive findings in this Ordinance.
SECTION 2. FINDINGS.
A. Pursuant to Chapter 17.76 (Zone Changes and Amendments) of the MMC, the application for a zone change shall be made on a form provided by the City.
The City’s application for zone changes requires the applicant to thoroughly respond to the following items, which are hereby incorporated as substantial findings of the City Council:
1. Describe how the proposed Zone Change is consistent with the objectives and policies of the General Plan;
The zone change is consistent with the objectives and policies of the General Plan in that the land use type and density of the project site is appropriate to the neighborhood and the surrounding uses. The existing commercial development is consistent with the other commercial developments situated along Beverly Boulevard while the existing residential development is consistent with the other single-family residential homes situated along Spruce Street. Additionally, the site is physically suitable for the proposed zone change considering that no new
ORDINANCE NO. 2466
PAGE 3 OF 5
development is being considered in conjunction with the proposal and the existing residential and commercial developments will remain intact with no physical or structural changes. The proposed zone change is not likely to cause any substantial environmental damage, or to cause any serious public health problems.
The General Plan Land Use analysis provided in the related staff report demonstrates how the proposed zone change is consistent with the objectives and policies of the General Plan.
2. Detail why the proposed Zone Change is necessary;
The Zone Change is necessary because the single-family home which exists at the site is not consistent with the General Plan and Zoning designation of the Project Site. Due to this inconsistency, the Project Site is currently considered non-conforming. By changing the zone of the two lots existing at the site, the Zone Change will bring the property into conformity with the City’s General Plan and Zoning Code. The proposed Zone Change will allow for the more reasonable development of the site and allow the property owner increased flexibility in managing and maintaining the site.
3. Describe how the proposed Zone Change will not create problems harmful to the public health, safety, and general welfare;
The residential component of the Project Site has been constructed as a single- family residence since 1948 while the commercial component was constructed in 1958. The Zone Change would not create problems harmful to the public health, safety, and general welfare considering that the scope of the project does not entail any new development and the site will remain the same as it has been for over the past 60 years. Any future development at the site will be reviewed to ensure consistency with the MMC which will ensure that the project will not create problems harmful to the public health, safety, and general welfare.
SECTION 3.CEQA. The City Council hereby determines and finds that the project is statutorily exempt from CEQA under section 15061(b)(3) (Common Sense Exemption) considering that this section stipulates that CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed GPA and ZC. It should be further noted that during the duly noticed Planning Commission public hearing, the Planning Commission also found the related Lot Line Adjustment for the contemplated Project to be Categorically Exempt per Section §15315 (Minor Land Divisions).
ORDINANCE NO. 2466
PAGE 4 OF 5
SECTION 4. GENERAL PLAN LAND USE MAP AND ZONE MAP. City staff is hereby directed to amend the City’s official General Plan Land Use Map and Zoning Map to reflect the General Plan Land Use Designation of Boulevard Commercial (proposed Lot A) and Low Density Residential (proposed Lot B) as well to reflect the Zoning designation of C-1 (proposed Lot A) and R-1 (Single Family Residential) (proposed Lot B) for the property located at 437 North Spruce Street.
SECTION 5. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such division.
SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 30th day following its final passage and adoption.
PASSED, APPROVED AND ADOPTED 8TH DAY OF NOVEMBER, 2023. _______________________________
David N. Torres, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
ORDINANCE NO. 2466
PAGE 5 OF 5
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Ordinance No. 2466 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 8 th day of November, 2023 and that said Ordinance was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Ordinance is a true, full and correct copy of an Ordinance duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
ATTACHMENT B – NOVEMBER 8, 2023
CITY OF MONTEBELLO CITY COUNCIL
NOTICE OF PUBLIC HEARING
NOTICE TO CONSIDER A GENERAL PLAN AMENDMENT AND ZONE CHANGE CEQA Guidelines § 15061(b)(3)
NOTICE IS HEREBY GIVEN that the City of Montebello City Council (the “City Council”) will conduct a public hearing regarding the proposed General Plan Amendment and Zone Change (Case No. PC -2023-0012- GPA-ZC-LLA) for the property located at 437 N. Spruce Street, Montebello, California 90640. The Public Hearing will be held in the Council Chamber of the City Council located at 1600 W. Beverly Blvd .
PUBLIC HEARING INFORMATION:
Date: Wednesday, November 8, 2023
Time: 6:00 p.m., or as soon as possible thereafter as the matter can be heard Place: City Hall Council Chambers, 1600 W. Beverly Blvd., Montebello, CA 90640
PROJECT DESCRIPTION: The project site consists of two lots with a total lot area of approximately 18,090 square feet improved with an existing commercial use and a single-family residential dwelling unit . At its meeting on October 17, 2023, the Planning Commission approved a lot line adjustment (Case No. PC-2023-0012-GPA-ZC- LLA) to reconfigure the boundaries of the two lots so that the existing commercial use is contained within a separate dedicated lot and the existing residential use is contained within a separate dedicated lot intended to be consistent with the respective uses . The proposed General Plan Amendment and Zone Change would amend the General Plan and Zoning designation of the newly configured lots from Boulevard Commercial (General Plan Designation) and Neighborhood Commercial (Zoning designation) to Boulevard Commercial and Neighborhood Commercial for the proposed “Lot A” as well as Low Density Residential and Single Family Residential for the proposed “Lot B .” No new construction is proposed in conjunction with this project. The project includes the following discretionary reviews: General Plan Amendment and Zone Change.
APPLICANT: Steven Rounds
ENVIRONMENTAL: Pursuant to the California Environmental Act (CEQA), the project is statutorily exempt from CEQA under section 15061(b)(3) (Common Sense Exemption) considering that CEQA only applies to projects which have the potential for causing a significant effect on the environment. No physical changes will occur as a result of the proposed General Plan Amendment and Zone Change.
For those interested in making public comments, you may address the City Council in person during the public comment period or public testimony period for public hearings by attending the Montebello Council Chambers at 1600 W. Beverly Blvd., Montebello, California on Wednesday, November 8, 2023 at 6:00 p.m. In addition, the City has created an email address ([email protected]) where the public can submit written public comments no later than Wednesday, November 8, 2023 at 3:00 p.m. These comments may not be read aloud but will be entered into the record and submitted to all members of the City Council. The email address for City Council meetings can be located on the City’s webpage under the City Clerk tab, https://www.montebelloca.gov/departments/administration/city_clerks_office/city_council_successor_agency_me etings . If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the City Council, at, or prior to, the Public Hearing. The proposed material is available by contacting the City Clerk’s Office at 323 - 887-1216.
_______________________________
Kimberly Guillen, Senior Deputy City Clerk
Date Published: October 26, 2023
ATTACHMENT E – NOVEMBER 8, 2023
Notice of CEQA Exemption
City of Montebello
To:
County of Los Angeles
Registrar-Recorder/County Clerk
12400 Imperial Highway
Norwalk, CA 90650
From:
City of Montebello
Planning & Community Development Department
1600 W. Beverly Blvd.
Montebello, CA 90640
Lead Agency: City of Montebello Planning and Community Development Department Project Title: 437 N. Spruce Street General Plan Amendment and Zone Change Project Location: 437 N. Spruce Street
Case Number(s): PC-2023-0012-GPA-ZC-LLA & ENV No. 11-23-CE
Description of Nature, Purpose, and Beneficiaries of Project: The project involves changing the General Plan designation of the project location from Boulevard Commercial to Boulevard Commercial (proposed Lot A) and Low Density Residential (proposed Lot B) as well as changing the zone of the property from C-1 (Neighborhood Commercial) to C-1 (proposed Lot A) and R-1 (Single Family Residential) (proposed Lot B) to allow the existing commercial and residential developments at the Project Site to be properly designated. The main beneficiary of the project is the property owner, Steven Rounds.
Name of the Public Agency Approving the Project: City of Montebello Name of Person or Agency Carrying Out the Project: Steven Rounds
Exempt Status (check one)
Ministerial (Sec. 21080(b)(1); 15268(b)(3))
Declared Emergency (Sec. 21080(b)(3); 15269(a));
Emergency Project (Sec. 21080(b)(4); 15269(b)(c));
Categorical Exemption. State type and section number:
Statutory Exemptions. State code number:
Common Sense Exemption. Section number: CEQA Section §15061(b)(3)
Justification for Project Exemption:
The project is considered covered by the common sense exemption found under CEQA Section §15061(b)(3). The common sense exemption section states that “CEQA applies only to projects which have the potential for causing a significant effect on the environment” and also states that “where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” The proposed General Plan Amendment and Zone Change do not have the potential to degrade the quality of the environment or have a significant effect on the environment. Additionally, a separate Notice of Exemption has been prepared for the Lot Line Adjustment related to the adjustment of the property lines at the site and the Planning Commission found this portion of the project to be exempt from CEQA pursuant to CEQA Section §15315 (Minor Land Divisions).
Lead Agency Contact Person: Joseph Palombi, Director of Planning & Community Development Area Code/Telephone/Extension: (323) 887-1478
If filed by applicant, attach certified document issued by the Planning and Community Development Department stating that the Department has found the project to be exempt.
Signature: ____________________________ Date: ______________ Title: _______________________
Signed by Lead Agency Signed by Applicant
ITEM # 9
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Arnold Glasman, City Attorney
SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2467
ADDING THE NEW CITY OF MONTEBELLO LOGO AND ITS
VARIATIONS TO MUNICIPAL CODE SECTION 1.16.010 "CITY LOGO AND CITY SEAL ADOPTED AND ADDED"
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Conduct a first reading and introduction of Ordinance No. 2467(Attachment “A”) to add the new City of Montebello logo and its variations to Municipal Code Section
1.16.010; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
There is no fiscal impact related to adoption of this ordinance.
BACKGROUND/DISCUSSION:
On October 28, 2020, the first introduction of the Ordinance amending Chapter 1.16 “City Seal” was presented to the City Council to protect the City’s seal, logo, badges, and other identifiable markings from unauthorized use. The City seal, logo, badges, and other identifiable markings represent the City of Montebello exclusively, and as such it is important to protect the City’s identity illustrated through these unique graphic images.
The City’s various identifiable marks, seal, logo, badges and other identifiable graphics are not protected sufficiently enough under the City’s current Municipal Code.
For example, the Code does not expressly provide for the protection and unauthorized use of the City’s letterhead, and Montebello Fire Department’s, Montebello Police
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Department’s or Montebello Bus Line’s logos, badges and other identifiable insignia.
In 2023, the City of Montebello created a new City logo style. If adopted, the attached draft Ordinance No. 2467 will add the new logo and its variations to the gallery of logos, icons and badges already protected by the Montebello Municipal Code from unauthorized use.
ENVIRONMENTAL:
N/A
ANALYSIS:
N/A
SUMMARY:
City staff recommends that the City Council conduct a first reading and introduction of Ordinance No. 2467 to add the new City logo and its variations to Montebello Municipal Code Section 1.16.010.
ATTACHMENT(S)
1. Attachment A - Ordinance No. 2467 - Adopting New City Logo
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ORDINANCE NO. 2467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING SECTION 1.16.010 OF CHAPTER 1.16 OF THE MONTEBELLO MUNICIPAL CODE TO ADD
THE NEW CITY LOGO AND ITS VARIATIONS TO THE GALLERY OF
THOSE PROTECTED UNDER THE MUNICIPAL CODE FROM
UNAUTHORIZED USE
WHEREAS, the City of Montebello (“City”) was incorporated on October 16, 1920, and regulations identifying the proper use and permissions for the City seal, graphical City seal, City Logo, badges, and other identifiable markings outlined in Chapter 1.16 “CITY SEAL” of the Montebello Municipal Code (“MMC”) require revisions to provide greater protection and appropriate notice; and
WHEREAS, in 2023, the City of Montebello adopted a new City logo and in order to ensure that the City seal, graphical City seal, City Logo, badges, and other identifiable markings are utilized for appropriate circumstances only, an amendment to Chapter 1.16 of the MMC is warranted.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are true and correct and made part of this Ordinance.
SECTION 2. AMENDMENT; ADDITIONS. Section 1.16.010 – City Logo and City Seal adopted and added – is hereby amended to add the image of the new City logo and its variations to the gallery of logos, badges and icons protected from unauthorized use under the Municipal Code.
ATTACHMENT A
ORDINANCE NO. 2467
SECTION 3. SEVERABILITY. If any action, subsection, line, sentence, clause, phrase, or word of this Ordinance is for any reason held to be invalid or unconstitutional, either facially or as applied, by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, and each and every individual section, subsection, line, sentence, clause, phrase, or word without regard to any such decision.
SECTION 4. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days after approval by the City Council.
SECTION 5. PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
PASSED, APPROVED, AND ADOPTED ____TH DAY OF _______________ 2023. _______________________________
David N. Torres, Mayor
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the ____ th day of November, 2023, and was adopted by the City Council of the City of Montebello at its meeting held on the ____ th day of ___________, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ORDINANCE NO. 2467
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
ITEM # 10
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Arlene Salazar, Acting City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE PURCHASE OF SELF-CONTAINED BREATHING
APPARATUS (SCBA’s) AND NECESSARY ACCESSORIES
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Authorize Staff to execute an agreement with L.N. Curtis and Sons, Inc. for a not- to-exceed amount of $418,500 for the purchase of 25 Self-Contained Breathing Apparatus (SCBA’s) Harnesses, 52 SCBA cylinders, 85 SCBA Masks, one (1) SCBA Rapid Intervention Crew (RIC) System and necessary equipment and accessories; and
2. Find that the use of the pre-bid Sourcewell contract #032620-LNC conforms with Montebello Municipal Code Chapter 3.20.050 (F) Cooperative Purchase; and
3. Approve the surplus of the unneeded Self-Contained Breathing Apparatus (SCBA’s) and any associated equipment; and
4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $418,500 in Account No. 100-85-860-6010.60 (General Fund, Fire, Suppression, Machinery and Equipment - Personal Protective Equipment); and
5. Take such additional, related actions necessary.
FISCAL IMPACT:
Staff is recommending the purchase of Self-Contained Breathing Apparatus (SCBA’s) and related equipment to replace aging and out-dated equipment utilized by the City's Fire Department first-responder personnel. This recommended purchase represents one-half of the total needed equipment, with the second phase of the purchase to occur in Fiscal Year 2024-25. This purchase is estimated to cost $418,500 for twenty-five (25)
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Self-Contained Breathing Apparatus (SCBA’s) Harnesses, fifty-two (52) SCBA cylinders, eighty-five (85) SCBA Masks, one (1) SCBA Rapid Intervention Crew (RIC) System and necessary equipment and accessories. (This amount includes a 15% contingency given the current volatility of markets and associated pricing, see Attachment B for detailed quote.)
This purchase will require authorization to amend the Fiscal Year 2023-24 budget by increasing appropriations by $418,500 in Account No. 100-85-860-6010.60 (General Fund, Fire, Suppression, Machinery and Equipment - Personal Protective Equipment). The purchase will be completed using Sourcewell Contract #032620 with L.N. Curtis & Sons (Attachment A), as permitted under Montebello Municipal Code Section 3.20.050(F), Cooperative Purchase.
BACKGROUND/DISCUSSION:
In 2009, the Montebello Fire Department utilized a grant to purchase Sperian Warrior Self-Conained Breathing Apparatus (SCBA) and related equipment. This purchase was made to replace an older style SCBA in use at the time in order to be compatible with surrounding firefighting agencies. Compatibility with surrounding agencies is vital for firefighter safety in the event of a downed or otherwise incapacitated firefighter. The connections on the SCBA that must be compatible are the Universal Air Connection (UAC) and the Emergency Breathing Safety System (EBSS).
In 2016, after Sperian was acquired by Honeywell, the Montebello Fire Department was provided new SCBA’s that were covered by the original grant to mitigate issues with the previous SCBA and to follow National Fire Protection Association (NFPA) 1951 and National Fire Protection Association (NFPA) 1852 (2013 Edition) guidelines. These SCBA’s remain in use today. These replacement SCBA’s only included the harness and not the air cylinders that are used in conjunction with the harness. Since then, NFPA has published new guidelines for SCBA’s (NFPA 1951 and 1852, 2018 Edition).
The SCBA cylinders are high pressure cylinders that contain oxygen regulated throughout the SCBA harness and eventually breathed by the firefighters. These cylinders are highly regulated by NFPA, California Occupational Safety and Health Administration (Cal/OSHA), National Institute for Occupational Safety and Health (NIOSH), and the Department of Transportation (DOT). These cylinders are required to be tested every 5 years and have a maximum lifespan of 15 years. The current cylinders in-use that were purchased in 2009 are coming to the end of the 15 year lifespan limit.
Half of the SCBA cylinders will expire in 2024 and the other half will expire in 2025.
Attached to these cylinders are a valve and a coupling that attaches to the SCBA harness.
These couplings are not compatible with other SCBA harnesses, which limits their compatibility with surrounding firefighting agencies.
There are three main components to a Self-Contained Breathing Apparatus (SCBA). The first component is the harness. The harness contains various pressure regulators, hoses, wiring, and computer hardware. The harness is the brains of the entire system and mounts the second component which is the SCBA cylinder. The cylinder contains the oxygen that firefighters breathe while inside an Immediately Dangerous to Life and Health
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
(IDLH) atmosphere. These cylinders are rated at a high pressure and require hydrostatic testing every 5 years. These cylinders can only be utilized for 15 years per the National Fire Protection Association (NFPA) 1951 and National Fire Protection Association (NFPA) 1852 guidelines. The last component of the SCBA is the mask. The SCBA mask is customized to fit each individual Firefighter and a fit test is conducted annually to ensure each firefighter has a properly fitted mask.
The Los Angeles County Fire Department extensively tested multiple brands of SCBA’s at training events that include live burns, vertical ventilation over live fire, search and rescue in live fire conditions, and hose deployment in live fire conditions. The conclusion of the testing by Los Angeles County Fire Department (LACoFD) determined that MSA Safety Incorporated should be awarded the contract for the purchase of NFPA 2018- compliant SCBA’s. The Sourcewell Contract (Attachment A) with L.N. Curtis & Sons will allow Montebello Fire Department to purchase the SCBAs and related equipment manufactured by MSA Safety Incorporated (Attachment B).
Montebello Fire Department staff researched and prepared the cost of upgrading all outdated and soon-to-expire SCBA equipment, providing a phased plan to begin the replacement of all outdated SCBAs. The quote for 50 SCBA Harnesses, 130 Cylinders, 70 SCBA Masks, and all necessary accessories and equipment from L.N. Curtis and Sons was $661,522. (This purchase would replace all SCBAs at once.) Due to the increase in cost and the urgent need to replace this essential piece of equipment, staff is recommending the purchase of 25 Self-Contained Breathing Apparatus (SCBA’s) Harnesses, 52 SCBA cylinders, 85 SCBA Masks, one SCBA Rapid Intervention Crew (RIC) System and all necessary equipment and accessories. The Department will budget for the additional replacements in Fiscal Year 2024-25, with the intent of purchasing the remaining needed SCBA's next fiscal year.
The recommended 25 SCBAs will outfit the current front-line apparatus and firefighting staff. However, it does not take into account the need for spare SCBA’s if some should need repair. Further, the Montebello Fire Department is actively preparing to change its service model by adding Paramedic Squads. Once these Paramedic Squads are implemented, more SCBAs will be needed to outfit those respective units. Given these urgent circumstances, it is imperative to purchase the recommended equipment in Fiscal Year 2023-24 and complete the purchasing process during FY 2024-25.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
N/A
SUMMARY:
Staff is recommending approval of the acquisition and purchase of Self-Contained Breathing Apparatus (SCBA’s) in Fiscal Year 2023-24, with plans to budget for the additional SCBA’s in FY 2024-25. The estimated purchase per the quote is $418,500 (which includes a 15% contingency) for twenty-five (25) Self-Contained Breathing Apparatus (SCBA’s) Harnesses, fifty-two (52) SCBA cylinders, eighty-five (85) SCBA Masks, one (1) SCBA Rapid Intervention Crew (RIC) System and necessary equipment and accessories. This purchase will require authorization to amend the Fiscal Year 2023- 24 budget by increasing appropriations by $418,500 in Account No.100-85-860-6010.60 (General Fund, Fire, Suppression, Machinery and Equipment - Personal Protective Equipment).
ATTACHMENT(S)
1. Attachment A - L.N. Curtis Contract RFP # 032620
2. Attachment B - SCBA Quote Phase 1
NEXT STEPS:
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Solicitation Number: RFP #032620
CONTRACT
This Con
tract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and L.N. Curtis & Sons, 185 Lennox Lane, Suite 100, Walnut Creek, CA 94598 (Vendor).
Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to its members. Participation is open to all levels of governmental entity, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and its Members (Members) in the United States only.
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below.
B. EXPIRATION DATE AND EXTENSION. This Contract expires May 7, 2024, unless it is cancelled sooner pursuant to Article 24. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor.
C. SURVIVAL OF TERMS. Articles 11 through 16 survive the expiration or cancellation of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Vendor’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor’s product and pricing list. Unless agreed to by the Member in advance, Equipment or Products must be delivered as operational to the Member’s site.
ATTACHMENT A
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This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Member in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Member.
C. DEALERS AND DISTRIBUTORS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor’s authorized Distributors/Dealers relative to the Equipment, Products, and Services related to this Contract. This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor’s responsibility to ensure Sourcewell receives the most current version of this list.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced as stated in Vendor’s Proposal.
Regardless of the payment method chosen by the Member, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Member at the time of purchase.
When providing pricing quotes to Members, all pricing quoted must reflect a Member’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Member’s requested delivery location.
A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Members. Members reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery.
Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
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Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Member will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Member.
B. SALES TAX. Each Member is responsible for supplying the Vendor with valid tax-exemption certification(s). When ordering, Members must indicate if it is a tax-exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Members.
4. PRODUCT AND PRICING CHANGE REQUESTS
Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator. This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must:
x Identify the applicable Sourcewell contract number
x Clearly specify the requested change
x Provide sufficient detail to justify the requested change x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change) x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Request Form will be become an amendment to this Contract and be incorporated by reference.
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5. MEMBERSHIP, CONTRACT ACCESS, AND MEMBER REQUIREMENTS
A. MEMBERSHIP. Membership in Sourcewell is open to public and nonprofit entities across the United States and Canada; such as municipal, state/province, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Members that can legally access the Equipment, Products, or Services under this Contract within the United States. A Member’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Member’s use of this Contract is at the Member’s sole convenience and Members reserve the right to obtain like Equipment, Products, or Services from any other source.
Vendor is responsible for familiarizing its sales and service forces with Sourcewell membership requirements and documentation and will encourage potential members to join Sourcewell.
Sourcewell reserves the right to add and remove Members to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Vendor’s employees may be required to perform work at government- owned facilities, including schools. Vendor’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Member policies and procedures, and all applicable laws.
6. MEMBER ORDERING AND PURCHASE ORDERS
A. PURCHASE ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, Member must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically a Member will issue a purchase order directly to Vendor. Members may use their own forms for purchase orders, but it should clearly note the applicable Sourcewell contract number. Members will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Member.
B. ADDITIONAL TERMS AND CONDITIONS. Additional terms and conditions to a purchase order may be negotiated between a Member and Vendor, such as job or industry-specific requirements, legal requirements (such as affirmative action or immigration status requirements), or specific local policy requirements. Any negotiated additional terms and conditions must never be less favorable to the Member than what is contained in Vendor’s Proposal.
C. PERFORMANCE BOND. If requested by a Member, Vendor will provide a performance bond that meets the requirements set forth in the Member’s purchase order.
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D. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Member requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Member and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
E. TERMINATION OF PURCHASE ORDERS. Members may terminate a purchase order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events:
1. The Member fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased;
2. Federal or state laws or regulations prohibit the purchase or change the Member’s requirements; or
3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Member.
F. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Member’s purchase order will be determined by the Member making the purchase.
7. CUSTOMER SERVICE
A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Member inquiries; and x Business reviews to Sourcewell and Members, if applicable.
B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to members, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made).
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The Report must contain the following fields:
x Customer Name (e.g., City of Staples Highway Department); x Customer Physical Street Address;
x Customer City;
x Customer State;
x Customer Zip Code;
x Customer Contact Name;
x Customer Contact Email Address;
x Customer Contact Telephone Number;
x Sourcewell Assigned Entity/Member Number;
x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Vendor.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Members. The Vendor will submit a check payable to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Members under this Contract during each calendar quarter. Payments should note the Sourcewell-assigned contract number in the memo and must be mailed to the address above “Attn: Accounts Receivable.” Payments must be received no later than forty-five (45) calendar days after the end of each calendar quarter.
Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than thirty (30) days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Vendor’s Authorized Representative is the person named in the Vendor’s Proposal. If Vendor’s Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing.
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10. ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld.
B. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties.
C. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it.
D. CONTRACT COMPLETE. This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party.
E. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, master- servant, principal-agent, or any other relationship.
11. LIABILITY
Vendor must indemnify, save, and hold Sourcewell and its Members, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees, arising out of the performance of this Contract by the Vendor or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications.
12. AUDITS
Sourcewell reserves the right to review the books, records, documents, and accounting procedures and practices of the Vendor relevant to this Contract for a minimum of six (6) years from the end of this Contract. This clause extends to Members as it relates to business conducted by that Member under this Contract.
13. GOVERNMENT DATA PRACTICES
Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract.
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If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request.
14. INTELLECTUAL PROPERTY
As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Members against any and all suits, claims, judgments, and costs instituted or recovered against Sourcewell or Members by any person on account of the use of any Equipment or Products by Sourcewell or its Members supplied by Vendor in violation of applicable patent or copyright laws.
15. PUBLICITY, MARKETING, AND ENDORSEMENT
A. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
B. MARKETING. Any direct advertising, marketing, or offers with Members must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract.
C. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services.
16. GOVERNING LAW, JURISDICTION, AND VENUE
Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota.
17. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
18. SEVERABILITY
If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the
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remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed.
19. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management. The Vendor will have thirty (30) calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Members as a result of such failure to proceed will be borne by the Vendor.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Member order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
20. INSURANCE
A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
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1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition). At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for Products-Completed operations
$2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer).
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers’ Compensation, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability.
During the term of this Contract, Vendor will maintain coverage for all claims the Vendor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Vendor’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
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$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. All policies must include there will be no cancellation, suspension, non-renewal, or reduction of coverage without thirty (30) days’ prior written notice to the Vendor.
Upon request, Vendor must provide to Sourcewell copies of applicable policies and endorsements, within ten (10) days of a request. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to name Sourcewell and its Members, including their officers, agents, and employees, as an additional insured under the Vendor’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance
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maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies).
F. SELF-INSURED RETENTIONS. Any self-insured retention in excess of $10,000 is subject to Sourcewell’s approval.
21. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Vendor must maintain a valid status on all required federal, state, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Members.
22. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing.
Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota, the United States federal government, or any Member.
Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
23. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Members that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Members may also require additional requirements based on specific funding specifications. Within this Article, all references to “federal” should be interpreted to mean the United States federal government. The following list only applies when
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a Member accesses Vendor’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. § 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction
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work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award
032620-LNC
15 Rev. 4/2019
covered by 31 U.S.C. § 1352. Vendors must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of three (3) years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
032620-LNC
16 Rev. 4/2019
24. CANCELLATION
Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon sixty (60) days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor’s Proposal.
Termination of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to termination.
Sourcewell L.N. Curtis & Sons
By: __________________________ By: __________________________ Jeremy Schwartz Nick Lawrence
Title: Director of Operations &
Procurement/CPO
Title: Special Programs Director
Date: ________________________
Date: ________________________
Approved:
By: __________________________
Chad Coauette
Title: Executive Director/CEO
Date: ________________________
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
Table 14: Industry Specific Questions
Line
Item Question Response *
66 If you are awarded a contract, provide a
few examples of internal metrics that will
be tracked to measure whether you are
having success with the contract.
Per our standard operating procedures, Curtis tracks Key Performance Indicators (KPIs) to make sure our business is tracking per plan.
KPI-related data is extracted from our Enterprise Resource Planning platform, Oracle- NetSuite. Oracle-NetSuite, a cloud ERP solution that automates front and back-office processes enable the Company to track all critical business functions including financial management, revenue management, fixed assets, order entry/management/tracking, billing, and inventory management.
Oracle-NetSuite enables Curtis management to generate real-time performance and status reports (e.g., sales (orders and frequency) fill rates vendor performance returns due to improper shipments and defective items and back-orders).
*
Using Oracle-NetSuite, Curtis tracks performance of all orders, awards, contracts, and programs, including, should Curtis be honored with a contract, the Company's performance in support of Sourcewell.
67 Describe the unique design and feature
attributes of the products and/or equipment
offered in your proposal.
As the largest stocking distributor of firefighting equipment in the West and one of the largest distributors of firefighting equipment and services in America, Curtis is offering the premium brand of products in the defined categories along with on-site product support and customer service.
*
In addition to products being offered at best pricing, Curtis offers the membership a full suite of Integrated Logistics Support and Services product specialists who are trained and certified by manufacturers to provide deployment support and, product training in use, care, maintenance and repair, and safety.
68 Describe available options for
customization of the products and/or
equipment offered in your proposal.
Typically, PPE are highly customized products, based on the requirements of each department, and sometimes, each firefighter.
Curtis' Sales and Product Support teams provide the market with pre-sales product training and education to help define the best materials and optimal design requirements required to meet each department's unique Risk Assessment.
*
69 Explain your processes for sizing, fitting,
and the alteration of the products and/or
equipment offered in your proposal, as
applicable.
Curtis' Sales and Product Support Teams provide on-site sizing, when required, for PPE orders at no additional charge. Sizing is accomplished using actual sizing sets.
Each firefighter dons sizing samples until a proper fit is identified.
*
Additionally, ECMS (a Curtis wholly-owned subsidiary) provides NFPA 1851-compliant PPE inspection, repair and cleaning services. ECMS is included in this Curtis proposal.
70 If you provide on-site or in-person sales,
service, training, and/or support, explain
how those activities are handled and the
unique attributes of your process.
All on-site services are coordinated and mutually agreed upon with appropriate agency personnel prior any work performed.
*
71 Describe your compliance with applicable
national standards for the products and/or
equipment offered in your proposal, such
as: National Fire Protection Association
(NFPA), Occupational Safety and Health
Administration (OSHA), and American
National Standards Institute (ANSI).
All products included in this Curtis proposal comply to the related and associated national standards and industry segment requirements, including NFPA, USFS/NFES, ANSI, ASTM, and 29 Code of Federal Regulations (CFR) 1910 (OSHA).
*
Exceptions to Terms, Conditions, or Specifications Form
Only those Proposer Exceptions to Terms, Conditions, or Specifications that have been accepted by Sourcewell have been incorporated into the contract text.
Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
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Bid Number: RFP 032620 Vendor Name: L.N. Curtis & sons
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 218660
Quotation
CUSTOMER: SHIP TO:
Montebello City Fire
Department
1600 West Beverly Boulevard
Montebello CA 90640
Montebello Fire Station 55
600 North Montebello Boulevard
Montebello CA 90640
QUOTATION NO. ISSUED DATE EXPIRATION DATE
218660 10/09/2023 11/30/2023
SALESPERSON CUSTOMER SERVICE REP
Ed Shabro
[email protected]
760-250-1180
Ed Shabro
[email protected]
760-250-1180
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS Matt Beveridge C34608 Net 30 SW-FFE
F.O.B. SHIP VIA DELIVERY REQ. BY
SP Standard Shipping
SPECIAL INSTRUCTIONS
REFER SOURCEWELL CONTRACT #032620
ITEM 12 & 15 ARE OPEN MARKET PRICING
NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.
Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SDS, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 25 EA G1 4500 SCBA
MSA CUSTOM
4500PSIg G1 Fire Service SCBA, As
Below;
WARNING: This product contains PFAS
to reduce the risk of parts sticking or
becoming inoperable.
AG1FS442MA2C2LCR
-Quick Connect Fitting
-Standard Harness w/ Chest Strap
-PASS Right Shoulder w/ Telemetry
-Rechargeable Battery
-ExtendAir II
*
list $11,445.00-10%
SFR
$8,100.00 $202,500.00
ATTACHMENT B
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 218660
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 2 50 EA 10175708 MSA 45Min 4500# G1 SCBA Low Pro®le
Cylinder, With Air, With Quick Connect
Remote Connection
Add "MTB" to cylinders in black
*List $1620.00-10%
SFR $1,240.00 $62,000.00
3 2 EA 10175710 MSA 60Min 4500# G1 SCBA Cylinder, With
Air, With Quick Connect Remote
Connection
Add "MTB" in bladk to cylinder
*List $2210.00-10%
SFR $1,600.00 $3,200.00
4 65 EA 10156459 MSA Medium G1 Facepiece With Medium
Nosecup, Includes:
* 4-Point Adjustable Cloth Head Harness
* Fixed Push-To-Connect Regulator
Connection
* Ato Number: A-G1Fp-Fm1M401
WARNING: This product contains PFAS
to reduce the risk of parts sticking or
becoming inoperable.
List $575.00-10%
SFR $375.00 $24,375.00
5 10 EA 10156458 MSA Small G1 Facepiece With Small
Nosecup, Includes:
* 4-Point Adjustable Cloth Head Harness
* Fixed Push-To-Connect Regulator
Connection
* Ato Number: A-G1FP-FS1S401
WARNING: This product contains PFAS
to reduce the risk of parts sticking or
becoming inoperable.
$375.00 $3,750.00
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 218660
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 6 10 EA 10156460 MSA Large G1 Facepiece With Large
Nosecup, Includes:
* 4-Point Adjustable Cloth Head Harness
* Fixed Push-To-Connect Regulator
Connection
* ATO Number: A-G1Fp-Fl1L401
WARNING: This product contains PFAS
to reduce the risk of parts sticking or
becoming inoperable.
$375.00 $3,750.00
7 4 EA 10158385 MSA G1 SCBA Charging Station Kit
List $1085.00-10%
SFR $833.65 $3,334.60
8 12 EA 10148741-SP
MSA
Battery Pack, G1, Rechargeable
List $560.00-10%
SFR $430.41 $5,164.92
9 2 EA 10206313 MSA Uebss 2018 Edition G1 Rit Extendaire II System, 4500#, Medium Facepiece,
Regulator, 6Ft Quick-Fill Hose, Urc,
Quick-Connect
WARNING: This product contains PFAS
to reduce the risk of parts sticking or
becoming inoperable.
List $6630.00-10%
SFR $5,421.47 $10,842.94
10 1 EA 10158407 MSA Kit, R®d Reader/Writer, G1
List $1015.00-10%
SFR $782.35 $782.35
11 25 EA 10083875 MSA Tag Assy, Electronic Id, M7
List $62.00-10%
SFR $47.78 $1,194.50
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 218660
LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 12 5 EA 10009971 MSA 32oz.. Con®dence Plus 2 Cleaning
Solution
List $69.25-10%
SFR $50.97 $254.85
13 6 EA 96-347-1SS BLUE
SPARTAN
CGA 347 Male X MSA Female to
Connect to MSA Adapter
OM $80.00 $480.00
14 6 EA 10149700-SP
MSA
4500/5500 Quick Connect Coupling
List $630.00-10%
SFR $485.42 $2,912.52
15 1 EA 10197700 MSA Hub Fire Service, US
List $5475.00-10%
SFR $4,927.50 $4,927.50
16 2 EA RBL303 TRUE
NORTH
Red L-3 Lite Speed Rit Bag OM $305.96 $611.92
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains ®rm until 11/30/2023. Contact us for updated pricing after this date.
Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons of®ce prior to placing your order to con®rm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-speci®c prices, terms, and conditions.
Ph: 323-780-0254
TF: 866-557-0254
Fax: 714-522-5001
[email protected]
UEI#: DDLSADSWN7U7
Paci®c South Division
15523 Carmenita Road
Santa Fe Springs, CA 90670
www.LNCurtis.com
Quotation No. 218660
Subtotal $330,081.10
Estimated Tax Total $33,833.31
Transportation* $0.00
*(to be added when order ships)
Total $363,914.41
View Terms of Sale and Return Policy
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: APPROPRIATE FISCAL YEAR 2023 LAW ENFORCEMENT MENTAL
HEALTH AND WELLNESS ACT (LEMHWA) GRANT FUNDING
DATE: November 8, 2023
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the use of grant funding awarded to the Police Department by the U.S.
Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS), FY 2023 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects, Grant Award Number 15JCOPS-23-GG-01727-LEMH, in the amount of $197,250; and
2. Amend the Fiscal Year 2023-24 budget and increase appropriations by the following amounts in Account Nos. 265-80-833-5010.10- Grants, Police Department, LEMHWA - Mental Health Wellness, Overtime, $27,250: 265-80- 833-6040.10 - Other Contract Services: $146,000, 265-80-833-6010.40 - Machinery and Equipment Computer Software: $24,000, and 265-99-4198.23 - Grants, LEMHWA Mental Health Wellness (Revenue) $197,250; and,
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City of Montebello has been awarded $197,250 from the U.S. Department of Justice (DOJ), Office of Community Oriented Policing Services (COPS), FY 2023 Law Enforcement Mental Health and Wellness Act (LEMHWA) Implementation Projects.
Although the City must pay upfront costs, all related authorized expenditures will be reimbursed by the Grant on a quarterly basis for an amount up to $197,250. In order to utilize this funding, the Fiscal Year 2023-24 budget must be amended. Therefore, a budget amendment is required in the following accounts:
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
Expenditures:
• 265-80-833-5010.10- Grants, Police Department, LEMHWA - Mental Health Wellness, Overtime: $27,250
• 265-80-833-6040.10 - Grants, Police Department, LEMHWA - Mental Health Wellness, Other Contract Services: $146,000
• 265-80-833-6010.40 - Grants, Police Department, LEMHWA - Mental Health Wellness, Machinery and Equipment Computer Software: $24,000
Revenue:
• 265-99-4198.23 - LEMHWA Mental Health Wellness: $197,250
BACKGROUND/DISCUSSION:
On October 13, 2023, the City was awarded a DOJ-COPS-LEMHWA Grant in the amount of $197,250. The performance-period of the grant is from October 1, 2023 to September 30, 2025. Funding from this Grant has been approved for the improvement of the delivery and access to mental health and wellness services for Montebello Police Department sworn and non-sworn personnel through the implementation of peer support and other wellness programs.
The Montebello Police Department was seeking this federal funding to primarily support the creation and implementation of a peer support group. The Montebello Police Department -- with 107 sworn and non-sworn positions -- will be appropriately represented by a peer support group made up of one Lieutenant, one Sergeant, four Police Officers, and two civilian personnel. This team shall be certified, trained, and will assist in developing the Department’s mental health and wellness program. The program will consist of additional resources specifically aimed to enhance the efforts of the peer support group. Additionally, trained staff can also respond to the community in the case of any critical incident.
In collaboration with the peer support group, the Department will use all available resources to complete the additional goals:
• Policy Development for peer support group
• Implement employee assistance programs
• Foster administrative support
• Increase access to existing programs in the City
• Physical health and wellness initiatives
• Access to professional counseling
• Continued training and certification
• Collaboration with other agencies
• Survey and report progress of program
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
It is critical to legitimize the health and wellness efforts by incorporating as many employees into the development of the program as possible. The goals and methodology of this program align with and will be developed to reflect those of the LEMHWA grant program. Additionally, the Police Department will incorporate best practices to ensure continued compliance.
Federal assistance will provide funding, technical assistance, and guidance to the Police Department. The creation of a policy will ensure accountability from staff as well as administrative and financial support from the department and City officials in future endeavors of this program. Overall, federal assistance will provide support in addressing a critical need.
ENVIRONMENTAL:
N/A
ANALYSIS:
Federal funding will create a peer support program and allow for a regulated approach.
The peer support group will be certified to continue their work beyond the grant project period. Additionally, federal funding will allow the Department to seek out additional services provided by professional psychologists. These services are not included in the Department's FY 2023-24 budget. The Department will attempt to collaborate with mental health providers in the community to expand the range of services available to Montebello Police Officers and can provide additional support and resources.
The goal is to seek the support and collaboration of an agency that can present trainings/seminars/workshops specifically designed to address the health and wellness needs of law enforcement staff. Some of these topics include:
• Financial wellness
• Meditation
• Alcohol awareness
• Personal trainer
• Nutritional health
• On-site counseling
• Mental health training
Outsourcing the instruction of these topics helps ensure staff receive accurate and actionable information and tips. Providing on-site counseling services, employee assistance programs (EAPs), and collaborating with mental health providers in the community can increase access to mental health services for officers. This can help officers address mental health concerns before they escalate into more serious problems.
The goal of the program is ultimately to provide access to mental health services. Peer support programs can provide officers with support from colleagues who have undergone
CITY COUNCIL AGENDA REPORT - MEETING OF NOVEMBER 8, 2023
similar experiences and can help them to cope with stress and trauma. This can promote social support and reduce feelings of isolation.
Staff will strive to create a supportive culture that will value everyone’s input on the production and development of the program. This can help to reduce the stigma associated with seeking help for mental health concerns and promote a workplace culture that supports mental health and well-being for all personnel. Additionally, addressing mental health concerns early can help to prevent more serious problems from developing, which can ultimately lead to better job performance, retention, and job satisfaction for officers.
SUMMARY:
The Department has been awarded a DOJ-COPS-LEMHWA Grant in the amount of $197,250. The Grant award will enable the Department to improve on the delivery and access to mental health and wellness services for law enforcement officers through the implementation of peer support and other wellness programs. As a result of the award of these reimbursable grant funds, the Department is able to provide supportive care and address mental health concerns.
City Council is being asked to authorize the proposed use of the Grant as further outlined in the attached Grant Agreement (DOJ-COPS-LEMHWA, 15JCOPS-23-GG-01727- LEMH) and Amend the Fiscal Year 2023-24 budget and increase appropriations by the following amounts in Account Nos. 265-80-833-5010.10- Grants, Police Department, LEMHWA - Mental Health Wellness, Overtime, $27,250: 265-80-833-6040.10 - Other Contract Services: $146,000, 265-80-833-6010.40 - Machinery and Equipment Computer Software: $24,000, and 265-99-4198.23 - Grants, LEMHWA Mental Health Wellness (Revenue) $197,250.
ATTACHMENT(S)
1. Attachment A - LEMHWA-Grant Application
2. Attachment B - LEMHWA- Award Package
NEXT STEPS:
N/A
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 1/28 Project Title
Montebello Police Department Mental Health
and Wellness Program
Federal Estimated Funding (Federal
Share)
197250.0
Total Estimated Funding
200000.0
No items
Proposed Project Start Date
10/2/23
Applicant Estimated Funding (Non-
Federal Share)
0.0 Proposed Project End Date
10/1/25
Program Income Estimated Funding
0.0 Type of Applicant 1: Select Applicant Type:
C: City or Township Government
Type of Applicant 2: Select Applicant Type:
——
Type of Applicant 3: Select Applicant Type:
——
Other (specify):
——
Application POC Prefix Name
——
Application POC First Name
Vanessa
Application POC Middle Name
Padilla
Application POC Last Name
Nava
Application POC Suffix Name
——
Organizational Affiliation
City of Montebello
Title
Grants and Projects Administrator
Email ID
[email protected]
Standard Applicant Information
Project Information
Areas Affected by Project (Cities, Counties, States, etc.) Type Of Applicant
Application Submitter Contact Information
ATTACHMENT A
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 2/28 Phone Number
3238871238
Fax Number
——
ORINumber
——
Is Application Subject to Review by State Under Executive Order 12372? a. This application was made available to the State under the Executive Order 12372 Process for review on:State Review Available Date 04/13/2023
Is the Applicant Delinquent on Federal Debt?
No
Name
manifest.txt
Date Added
4/14/23
Name
Form SF424_4_0-V4.0.pdf
Date Added
4/14/23
Name
Form SFLLL_2_0-V2.0.pdf
Date Added
4/14/23
Name
GrantApplication.xml
Date Added
4/14/23
Authorized Representative
Executive Order and Delinquent Debt Information
SF424 Attachments (4)
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 3/28 Title
Director of Finance
Prefix Name
——
First Name
MICHAEL
Middle Name
——
Last Name
SOLORZA
Suffix Name
——
Title
Director of Finance
Prefix Name
——
First Name
MICHAEL
Middle Name
——
Last Name
SOLORZA
Suffix Name
——
Verify Legal Name, Doing Business As, and Legal Address Legal Name
CITY OF MONTEBELLO POLICE FACILI
Doing Business As
UEI
M8MYZCCFENF8
Street 1
1600 W BEVERLY BLVD
Street 2
City
MONTEBELLO
State
CA
Zip/Postal Code
90640
CongressionalDistrict
38 Country
USA
The legal name + Doing Business As (DBA) and legal address define a unique entity in the system as represented in its entity profile. The profile legalname and address is applicable to ALL applications and awards associated to this fiscal agent.
1. If this information is correct confirm/acknowledge to continue with completion of this application.
I confirm this is the correct entity.
Signer Name
Vanessa Nava
Certification Date / Time
04/21/2023 04:54 PM
2. If the information displayed does not accurately represent the legal entity applying for federal assistance: a. Contact your Entity Administrator. b. Contact the System for Award Management (SAM.gov) to update the entity legal name/address.
Law Enforcement Executive InformationGovernment Executive Information Legal Addess
Certification
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 4/28
3. If the above information is not the entity for which this application is being submitted, Withdraw/Delete this application. Please initiate a newapplication in Grants.gov with using the correct UEI/SAM profile.
See Attached
Law enforcement is inherently a dangerous profession. Body armor protects the physical being, but mental health and wellness is a delicate substancesubject to the same damage and trauma. Our department felt the weight of this burden when one of our officers took his own life. Emotional and mentalwell-being is not an easy or common conversation in this field, it is however a necessary one. The development of our wellness program is an ongoingprocess. We constantly seek opportunities to expand and encourage our efforts. The proposed mental health program for a law enforcement agency isdesigned to address the mental health and wellness needs of law enforcement officers and staff. The program is in alignment with the goals andrequirements of the Law Enforcement Mental Health and Wellness Act (LEMHWA), which was enacted in 2018 to address the mental health andwellness needs of law enforcement officers.
Montebello’s action plan is based on the collaboration between our agency, the City’s administration, and support from the community. Each componentis an integral part that will propel our mission. Federal funding will provide the department an opportunity to enhance our programs and efforts.
Wellness Unit: Peer support is the most proven and effective method of providing out reach. Our intention is not to re-invent the wheel, but insteadenhance our efforts by sending additional staff to certification courses in peer support to create a Wellness Unit.
Physical Health: By taking a whole body approach to wellness, we will incorporate physical fitness health as a pillar to our program. Upgrading andpurchasing additional equipment and supplies for our gym can provide our officers the ease and convenience of being able to work out before or after ashift.
Professional Development and Early Intervention: It is crucial that we learn to recognize when mental health crisis are above our level of support. For thispurpose we have developed and will continue to foster a relationship with local clergy and professional counselors. These professionals can identify andaddress issues effectively.
In conclusion, the proposed mental health program for a law enforcement agency is an important initiative that will promote mental health and wellnessamong law enforcement officers and staff. By providing a comprehensive range of mental health services and support, including the integration of amobile app, the program has the potential to enhance the accessibility, personalization, privacy, tracking and reporting, and cost-effectiveness of theprogram, providing a more comprehensive and effective mental health support system for law enforcement officers and staff. The shifting attitude towardslaw enforcement in the past couple of years has created a dire situation. We truly understand that tragic events due to poor mental health and wellnesscan be a matter of “when” not “if” before they affect us. Our comprehensive approach to a wellness program will ensure that all staff can have access tosupport.
FY23 LEMHWA Implementation Projects Eligibility
Instructions: The following questions will be used to determine eligibility for the LEMHWA program. NOTE: If you select “no” to any of thebelow questions, you will be considered ineligible for the LEMHWA program and will not receive consideration for funding. Please indicate ifyour jurisdiction is primarily considered rural, urban, or suburban.
Suburban
Enter the current number of sworn officers for your agency below. 65 A law enforcement agency is established and operational if the jurisdiction has passed authorizing legislation and it has a current operatingbudget.Basedonthedefinitionabove,isyouragencyestablishedandcurrentlyoperational? Proposal Abstract
Data Requested with Application
FY23 LEMHWA Grants Elig
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 5/28 budget. Based on the definition above, is your agency established and currently operational? Yes
An agency with primary law enforcement authority is defined as the first responder to calls for service for all types of criminal incidents withinits jurisdiction. Agencies are not considered to have primary law enforcement authority if they only: respond to or investigate specific type(s)of crime(s), respond to or investigate crimes within a correctional institution, serve warrants, provide courthouse security, transport prisoners,have cases referred to them for investigation or investigational support or only some combination of these. Based on the definition above,does your agency have primary law enforcement authority? [Or, if contracting to receive services, does the agency that will be providing lawenforcement services have primary law enforcement authority for the population to be served?] Yes
Research and Development
Instructions: For the purposes of this solicitation, R&D as defined by 2 C.F.R. §200.87 means all research activities, both basic and applied,and all development activities that are performed by nonfederal entities. The term “research” also includes activities involving the training ofindividuals in research techniques where such activities use the same facilities as other research and development activities and where suchactivities are not included in the instruction function. “Research” is defined as a systematic study directed toward fuller scientific knowledge orunderstanding of the subject studied. “Development” is the systematic use of knowledge and understanding gained from research directedtoward the production of useful materials, devices, systems, or methods, including design and development of prototypes and processes.Please select “yes” if any part of your project could be considered R&D or “no” if no portion of your project would support R&D. ——
Could any portion of your project be considered research and development (R&D) as defined by 2 C.F.R. §200.87? No
Youth-Centered Project
Instructions: For the purposes of this solicitation, please select “yes” if a purpose of some or all of the activities to be carried out under(whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. NOTE: An award condition willapply to all youth ‐ centered awards. This condition will require recipients and subrecipients to make determinations of suitability before certaincovered individuals interact with participating minors under the age of 18 years old in the course of activities funded under the award. ——
Could any activities under your project benefit a set of individuals under 18 years of age? No
Training
Instructions: The COPS Office defines training as the teaching and learning activities carried out for the primary purpose of helping membersof an organization other than your own acquire and apply the knowledge, skills, abilities, and attitudes needed by a particular job ororganization. Training is driven by specific goals and objectives; it is not a single event but rather an ongoing process that requires continuousself-reflection and evaluation. Guides, webinars, articles, conference presentations, toolkits, podcasts, videos, blogs, and news feeds (toprovide a few examples) can serve as support material in trainings or as standalone materials to increase knowledge, but on their own theyare not defined as training by the COPS Office. Please select “yes” if any part of your project fits within the definition of training or “no” if noportion of your project fits within the definition of training. ——
Could any portion of your project be considered training? Yes
U.S. Attorney's District Office
PleaseselectyourUSAttorney’sDistrictOfficefromthebelowdrop-downoptions FY23 CPA Solicitation Ques
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 6/28 Please select your U.S. Attorneys District Office from the below drop-down options.
California, Southern
Executive/Contact Information
Please provide the name and contact information for the highest ranking Law Enforcement or Program Official and Government Executive orFinancial Official for your agency or organization, please see instructions below. LAW ENFORCEMENT EXECUTIVE/PROGRAM OFFICIALThis position will ultimately be responsible for the programmatic management of the award. Instructions for Law Enforcement Agencies: Forlaw enforcement agencies, the Law Enforcement Executive is the highest ranking official in the jurisdiction (Chief of Police, Sheriff, orequivalent). Before this application can be submitted, the Entity Administrator in JustGrants must invite this individual to apply for aJustGrants account with the role of Authorized Representative, and this individual must log in to JustGrants to review the application.Instructions for Non-Law Enforcement Agencies: For non-law enforcement agencies (e.g., institutions of higher education, school districts,private organizations, etc.), the Program Official is the highest-ranking official in the jurisdiction (e.g., executive director, chief executiveofficer, or equivalent). Please note that information for non-executive positions (e.g., clerks, trustees) is not acceptable. Before thisapplication can be submitted, the Entity Administrator in JustGrants must invite this individual to apply for a JustGrants account with the roleof Authorized Representative, and this individual must log in to JustGrants to review the application. ——
Title:
Chief of Police
First name:
Paul
Last name:
Espinosa
Phone:
3238871200
Email address:
[email protected]
GOVERNMENT EXECUTIVE/FINANCIAL OFFICIAL This position will ultimately be responsible for the financial management of the award.Please note that information for non-executive positions (e.g., clerks, trustees) is not acceptable. Instructions for Law Enforcement Agencies:For law enforcement agencies, this is the highest ranking government official within your jurisdiction (e.g., Superintendent, Mayor, CityAdministrator, or equivalent). Before this application can be submitted, the Entity Administrator in JustGrants must invite this individual toapply for a JustGrants account with the role of Authorized Representative, and this individual must log in to JustGrants to review theapplication. Instructions for Non-Law Enforcement Agencies and Non-Government Agencies: For non-law enforcement agencies and non-government agencies, this is the financial official who has the authority to apply for this award on behalf of the applicant agency (e.g., ChiefFinancial Officer, Treasurer, or equivalent). Please note that information for non-executive positions (e.g., clerks, trustees) is not acceptable.Before this application can be submitted, the Entity Administrator in JustGrants must invite this individual to apply for a JustGrants accountwith the role of Authorized Representative, and this individual must log in to JustGrants to review the application. ——
Title:
City Manager
First name:
Rene
Last name:
Bobadilla
Phone:
3238871200
Email address:
[email protected]
InstructionsforApplicationSubmitterContact:Entertheapplicationpointofcontact'snameandcontactinformation
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 7/28 Instructions for Application Submitter Contact: Enter the application point of contacts name and contact information. ——
Title:
Grants and Project Administrator
First name:
Vanessa
Last name:
Nava
Phone:
3238871200
Email address:
[email protected]
Law Enforcement and Community Policing Strategy
Instructions: The following is the COPS Office definition of community policing that emphasizes the primary components of communitypartnerships, organizational transformation, and problem solving: Community policing is a philosophy that promotes organizational strategiesthat support the systematic use of partnerships and problem solving techniques to proactively address the immediate conditions that give riseto public safety issues such as crime, social disorder, and fear of crime. Please refer to the COPS Office website(https://cops.usdoj.gov/RIC/ric.php?page=detail&id=COPS-P157) for further information regarding this definition and its sub-elements. Pleaseanswer the following questions regarding your community support and impact on the jurisdiction. ——
To what extent is there community support in your jurisdiction for implementing the proposed award activities? High level of support
If awarded, to what extent will the award activities impact the other components of the criminal justice system in your jurisdiction? Potentially increased impact
Explanation of Need for Financial Assistance
All applicants are required to explain their inability to address the need for this award without federal assistance. Please do so in the spacebelow. [Please limit your response to a maximum of 250 word count.] The initial onset costs of a program like a peer support group are very steep for an agency in a city our size. Our City has done efforts to sendstaff to training, but this approach is very limited. It is near impossible to transition the one or two staff that attend training per year into theformation of a formal peer support group. The maintenance cost of an established program is however a sustainable cost for the City.Sending staff to recertification is a smaller fee than the initial training cost. Having to replace one or two members of the group is morefeasible than having the funding for 8 members to attend training at once.
Federal assistance can provide funding, technical assistance, and guidance to law enforcement agencies like ours. The creation of a policywill ensure accountability from staff as well as administrative and financial support from the department and City officials in future endeavorsof this program.
Overall, federal assistance will a significant difference in addressing a critical need. Additionally, our initial goals and efforts through thisfunding will be focused on ensuring we are taking a comprehensive and impactful approach to develop our program and to ensure the bestuse of our resources.
Continuation of Support After Federal Funding Ends
Instructions: The questions in this section will be used for programs without a retention requirement to report any plans to continue theprogram or activity after the conclusion of federal funding. ——
Does your agency or organization plan to obtain necessary support and continue the program, project, or activity following the conclusion of
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 8/28 y g y g p y pp p g ,p j , y gfederal support?
Yes
Please identify the source(s) of funding that your agency plans to utilize to continue the program, project, or activity following the conclusionof federal support: General funds Yes
Issue bonds or raise taxes
No
Private sources and donations
Yes
Non-federal asset forfeiture funds (subject to approval from the state or local oversight agency) Yes
State, local, or other non-federal grant funding
Yes
Fundraising efforts
Yes
Other
No
If “other” is selected in the above question, please provide a brief description of the source(s) of funding. ——
Problem Identification and Project Description
Please list the specific activities and/or services that your agency would implement or provide if awarded funding. (Max 250 words) Federal funding will create our peer support program and allow for a regulated approach. The peer support group will be certified to continuetheir work beyond the grant project period. Additionally, federal funding will allow the department to seek out additional services provided byprofessional psychologists. These services are not something that our current budget can accommodate. We will attempt to collaborate withmental health providers in the community to expand the range of services available to our officers, and can provide us with additional supportand resources.
Our goal is to seek the support and collaboration of an agency that can present trainings/seminars/workshops specifically designed toaddress law enforcement staff.Some of these topics include:
Financial wellness
Meditation
Alcohol awareness
Personal trainer
Nutritional health
On-site counseling
Mental health training
By outsourcing the instruction of these topics we can ensure that our staff receive accurate and actionable information and tips.
AdditionallyanEmployeeassistanceprograms(EAPs):EAPscanprovidearangeofservicestosupportofficers'mentalhealthincluding FY23 LEMHWA App Questions
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzProc… 9/28 Additionally, an Employee assistance programs (EAPs): EAPs can provide a range of services to support officers' mental health, includingcounseling, referral services, and crisis support.
We understand and will explain to our staff that although peer support is available it is not a substitute for professional help. This federal fundwill allow us to provide wellness checks to our staff that will hopefully remove that initial stigma or fright of reaching out for help.
For the activities and/or services identified above, please describe why you chose these for your agency. Discuss any research, peerobservations, successful peer agency efforts, personal exposure, personal conversations, conferences, newsletters, etc. (Max 250 words) The goal of our program is ultimately to provide access to mental health services. By joining our regional peer support team, we have heardseveral testimonial experiences about the benefits these programs can offer.
Providing on-site counseling services, employee assistance programs (EAPs), and collaborating with mental health providers in thecommunity can increase access to mental health services for officers. This can help officers to address mental health concerns early, beforethey escalate into more serious problems.
Peer support programs can provide officers with support from colleagues who have undergone similar experiences and can help them tocope with stress and trauma. This can promote social support and reduce feelings of isolation.
We strive to create a supportive culture that will value everyone’s input on the production and development of the program. This can help toreduce the stigma associated with seeking help for mental health concerns, and promote a workplace culture that supports mental health andwell-being for all officers. Additionally, addressing mental health concerns early can help to prevent more serious problems from developing,which can ultimately lead to better job performance, retention, and job satisfaction for officers.
Please explain how federal funding will enable you to create or enhance officer Mental Health and Wellness efforts for your agency. (Max 250words) The Montebello Police Department is seeking the support of this federal fund to primarily support the creation and implementation of a peersupport group. A department our size with about 100 employees (70 sworn 30 civilian) will be appropriately represented by a peer supportgroup made up of one Lieutenant, one Sergeant, four officers, and two civilian personnel. This initial team shall be certified, trained, and willassist in the development the department’s program mental health and wellness program. The program will consist of additional resourcesspecifically aimed to enhance the efforts of the peer support group. Additionally, trained staff can also respond to the community in the case ofany critical incident.
In collaboration with the peer support group, the department will use all available resources to complete the additional goals:• Policy Development for peer support group• Implement employee assistance programs• Foster administrative support• Increase access to existing programs in the City• Physical health and wellness initiatives• Access to professional counseling• Continued training and certification• Collaboration with other agencies• Survey and report progress of program It is critical to legitimize our efforts by incorporating as many employees into the development of our program. By providing ownership to ourstaff we hope that our efforts will outlast the length of this initial implementation phase. The goals and methodology of this program align withand will be developed to reflect those of the LEMHWA. Additionally, the department will incorporate best practices to ensure continuedcompliance.
Please describe the current mental health and wellness services your agency provides. (e.g. Regularly scheduled mental health check-ins,On-site counseling, Off-site counseling, Virtual counseling, Debriefing and/or Critical Incident Stress Management (CISM) program, Trainedpeer counselors, Chaplaincy / Spiritual support, Suicide prevention programming, Mental health awareness training, Mindfulness practice,Quiet room or Other). (Max 250 words) Our department does not currently have a consistent plan or described procedure in providing mental health and wellness services. One ofthe initial and most important program goals is to develop a department policy for the peer support group. The policy will create anaccountability measure for not just employees but for administration to continue the program far beyond the support of this grant project.
The department has begun taking small steps toward implementing and testing some aspects of the proposed project. Our goal will be toexpand these services while selectively and methodically increasing the types of programs offered to our staff.
The past year the department was able to send one officer to a peer support training certification. It is the goal of the department to send atleast 8 personnel to a peer support certification course. Once certified, this staff will work to survey the department staff and determine whichprograms will best serve the immediate and long terms needs of the rest of the department.
Mental health training is currently offered on a biannual cycle for all staff. The training however is not specialized or engaging in a way tofoster collaboration with other staff once they attend the training.
The current chaplain program coordinates access to spiritual counseling in the event of a critical incident.
How will the actions proposed in this application assist your agency in implementing or institutionalizing community policing (organizational
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 10/28 o te actos poposed t s appcato assst you agecy pe et g o sttutoa g cou ty poc g (ogaatoatransformation, community partnerships, and problem solving)? (Max 250 words) The most valuable component of a peer support program is that the funds goes directly into investing in our staff. By taking this approach wedemonstrate to our staff that the most effective form of support is truly each other.
All of the strategies that will be learned under this program can be directly applied in their interaction with the community. During any criticalincident, we will now have a formal peer support group that is qualified and trained to respond to those situations.
Mental health is a form of job safety. By providing these tools to staff we increase their ability to perform their jobs in a safe and effectivemanner.
How does this project fulfill a specific public safety need and advance the goals and requirements of the LEMHWA Program? (Max 250words) The proposed mental health program for a law enforcement agency fulfills a specific public safety need by addressing the mental health andwellness needs of law enforcement officers and staff. The law enforcement profession can be highly stressful and traumatic, and officers mayexperience a range of mental health issues, including depression, anxiety, post-traumatic stress disorder (PTSD), and substance usedisorders. These mental health issues can have a significant impact on the safety and well-being of officers, as well as on the communitiesthey serve.
By providing mental health services and support to law enforcement officers and staff, the proposed program can help to reduce the risk ofmental health issues and promote overall wellness. This can have a positive impact on the safety and effectiveness of law enforcementoperations, as well as on the health and well-being of officers and staff. The program can also help to reduce stigma around mental healthissues in the law enforcement community and promote a culture of openness and support.
Please provide local data or describe circumstances that indicate your need for Federal funding. (Max 250) Funding for a small agency such as ours is very limited, we are mostly restricted to necessary and extremely essential purchases. It is ourbelief that the implementation of this program will demonstrate through measurable surveys that the benefits of the program far outweigh thecosts. While maintaining confidentiality and privacy, we hope to perform surveys that will be presented to our City administration. Factors wehope to highlight include employee participation, increased job satisfaction, and reported lower levels of stress. These factors will bepresented with budget requests to increase funding from the general fund for the continuation of the peer support program.
Project Reach and Impact
Please enter the approximate total number of individuals who will be eligible to receive mental health and wellness services after fullimplementation of this grant. If your project serves multiple agencies or a regional partnership, please include the total number of individualseligible from all participating agencies. 100
Please enter the total number of employees (civilian and non-civilian) for your agency. 85 Will your project service multiple agencies or include regional partnerships? No
If yes, please list the agencies that will be impacted and/or your regional partnerships. (Max 250 words) ——
What specific outcomes does your agency expect to accomplish with this funding and how will the project team track or measure them? (e.g.Internal survey(s) of job satisfaction, Internal survey(s) of work-related stress, Community survey(s) of topics such as trust in or satisfactionwith the agency, change in rates of use of force, or Other-please describe). (Max 250 words) In order to track the effectiveness of our peer support program, participation will be monitored to ensure proper/appropriate utilization. Thedata collected will refrain from using any personal or identifying information. Additionally, an anonymous survey of the services will providepersonnel the opportunity to rate the programs. This data can in turn determine if services should be increased or redirected.
Are there any current governmental, community or agency initiatives that complement or will be coordinated with the proposed initiative? Yes
If yes, Please describe the inititatives that complement or will be coordinated with the proposed initiative. (Max 250 words) There may also be community-based organizations or non-profits that are involved in mental health advocacy and can provide support for theproposed program. Coordinating with existing mental health initiatives in the community can help to avoid duplicating efforts, leverage existingresources, and strengthen the overall impact of the program. Collaborating with other organizations and agencies can also help to buildpartnerships and increase community support for the proposed program. Although the department does not currently have any existing formalpartnerships with those organizations, the development of the program will be the catalyst to coordinate those partnerships.
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 11/28 Please describe how these efforts will be sustained once the award ends. (Max 250 words) The initial onset costs of a program like a peer support group are very steep for an agency in a city our size. Our City has done efforts to sendstaff to training, but this approach is very limited. It is near impossible to transition the one or two staff that attend training per year into theformation of a formal peer support group. The maintenance cost of the program is however a sustainable cost for the City. Sending staff torecertification is a smaller fee than the initial training cost. Having to replace one or two members of the group is more feasible than havingthe funding for 8 members to attend training at once. The creation of a policy will ensure accountability from staff as well as administrativeand financial support from the department and City officials in future endeavors of this program. Additionally, our initial goals and effortsthrough this funding will be focused on ensuring we are taking a comprehensive and impactful approach to develop our program and toensure the best use of our resources.
Management and Implementation
Describe the overall management and implementation plan for the project. Note: A timeline of project deliverables, activities and who willcomplete the activities, and milestones will need to be uploaded in the “Additional Application Components” section. (Max 250 words) The initial plan for a peer support group will be developed using research based best practices. It is the plan and goal for the department tocontinue to send staff to training courses that will provide guidance in the development of the program.Month # and Objectives(1-2) Grant acceptance; Administrative plan development(2-4) Assign LT/SGT/Program Coordinator roles; Issue recruitment memo for initial interest; Selection of peer support group members(5-7) Peer support training; Seek and contract services for professional psychological and counseling services(7-9) Policy/program development(10) Survey department (focus on stress factors and levels); Begin incorporating programs in department(11-15) Peer support group will attend additional trainings as needed/required(16-17) Survey department on attitudes/participation towards programs; Review program/resources provided (Audit)(18-21) Adjust/increase programs(22-24) Project closeout and plan for continuation of services Please identify the key team members from your agency and any community or stakeholder partnerships (community groups, private and/orpublic agencies) who will support this project. Please include a description of the responsibilities and role of each team member and partner.(Max 250 words) Program Director: Lieutenant Marc MartyCommunity and Department Outreach: Briannon PadillaTraining Coordinator: Sergeant Fernando ValleGrant and Project Administrator: Vanessa NavaCity of Montebello Human Resources Staff: The office will assist with coordination of current available programs and resources. They willbetter customize the programs to address the needs of law enforcement personnel.
Will your agency incorporate an evaluation component to your project? Yes
If yes, please describe the evaluation component your agency plans to implement. (Max 250 words) The proposed project will be successful so long as our staff is engaged and satisfied with the program and its developmental progress. Ourproject will implement anonymous surveys into our program development. These will be developed by our peer support group with supportfrom professionals with experience in forming effective and proper functioning groups. We will distribute the surveys at the beginning, end,and throughout the projects life. This will allow us to understand our shifting department attitudes toward the services offered. While we mightnot be able to immediately make the changes to our program, we will have actual data that will allow us to make appropriate adjustments. It isour goal to create impactful “buy in” from our department. We are confident that this will be the key in determining the longevity and survival ofour peer support program.
Please describe how you will ensure confidentiality of participants and service recipients. (Max 250 words) To ensure the core goals of this program, confidentiality and privacy must be maintained. This standard will be clearly outlined in the policythat establishes and governs the peer support program. In our initial review of other sample policies, issues of confidentiality are clearlyaddressed in the policy and contain conditions related to the handling of confidentiality in regards to the peer support program.
Important clauses that we will implement include:• Except in circumstance where the information would cause harm or danger to oneself or another individual, all communications will remainconfidential.• No employee that follows this confidentiality clause shall be subject to disciplinary action.• The breach of confidentiality however, will result in removal from the peer support team and possibly disciplinary action.
Collaboration will be sought from the department’s employee associations to ensure compliance.
Please provide a short description of your marketing plan, focusing on what new or enhanced options you will use to increase programawareness (Max 250 words)
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Identify target audience: Programs for retirement preparation, how to succeed in a long career in law enforcement, reduced stress forfamilies, or dispatch trauma counseling.
Develop key messages: Develop key messages that communicate the benefits of the mental health programs to the target audience. Thesemessages should be clear, concise, and focused on the benefits of the program.
Determine marketing channels: Identify the most effective marketing channels for reaching our target audience. This could include internalcommunication channels, such as email or intranet, or post in bureau bulletin boards.
Create marketing materials: Develop marketing materials that communicate the key messages and benefits of the mental health programs.This could include brochures, flyers, posters, or videos.
Implement marketing campaign: Launch the marketing campaign and ensure that the marketing materials are distributed through theidentified marketing channels. This could include hosting informational sessions or providing training to officers and staff.
Evaluate effectiveness: Monitor and evaluate the effectiveness of the marketing campaign, and adjust the strategy if necessary. This couldinvolve gathering feedback from officers and staff, or tracking the number of officers who participate in the mental health programs.
Supporting Executive Order 14074
Instructions: To support Executive Order 14074, Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance PublicTrust and Public Safety, the following questions will help the U.S. Department of Justice determine eligibility for priority consideration, ifapplicable, and identify potential gaps in training and technical assistance. ——
Does your agency collect and report data on law enforcement use of force to the FBI’s National Use-of-Force Data Collection (includingdeaths in custody incident to an official use of force)? Yes
Does your agency collect and report data on officer suicides to the FBI’s Law Enforcement Suicide Data Collection? Yes
Does your agency collect and report data on officers killed and assaulted to the FBI’s Law Enforcement Officers Killed and Assaulted DataCollection? Yes
Does your agency prohibit the use of chokeholds and carotid restraints except in those situations where the use of deadly force is authorizedby law? Yes
Does your agency limit the use of unannounced entries, often referred to as “no knock entries,” except where knocking and announcing anofficer’s presence would create an imminent threat of physical violence to the officer and/or another person? Yes
Does your agency possess and use any of the following military equipment obtained via property transfer contracts or grants with the Federalgovernment acquired through property transfers or purchases with federal funds or from federal agencies or contractors? No
Applicable military equipment includes: (i) firearms of .50 or greater caliber; (ii) ammunition of .50 or greater caliber; (iii) firearm silencers, asdefined in 18 U.S.C. 921(a)(24); (iv) bayonets; (v) grenade launchers; (vi) grenades (including stun and flash-bang); (vii) explosives (exceptfor explosives and percussion actuated non-electric disruptors used for accredited bomb squads and explosive detection canine training);(viii) any vehicles that do not have a commercial application, including all tracked and armored vehicles (except for vehicles used exclusivelyfor disaster-related emergencies; active shooter scenarios; hostage or other search and rescue operations; or anti-terrorism preparedness,protection, prevention, response, recovery, or relief); (ix) weaponized drones and weapons systems covered by DOD Directive 3000.09 ofNovember 21, 2012, as amended (Autonomy in Weapon Systems); (x) aircraft that are combat-configured or combat-coded, have noestablished commercial flight application, or have no application for disaster-related emergencies; active shooter scenarios; hostage or othersearch and rescue operations; or antiterrorism preparedness, protection, prevention, response, recovery, or relief; and (xi) long-rangeacousticdevicesthatdonothaveacommercialapplication FY23_CPA_EO14074
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Type of Agency Organization
Type of Agency (select one)
Law Enforcement
From the list below, please select the type of agency which best describes the applicant.
Municipal Police
From the list below, please select the type of agency which best describes the applicant. ——
Duplication of Funding
Instructions: Applicants are required to disclose whether they have pending applications for federally funded assistance or active federalawards that support the same or similar activities or services for which funding is being requested under this application. Be advised that as ageneral rule, COPS Office funding may not be used for the same item or service funded through another funding source. However, leveragingmultiple funding sources in a complementary manner to implement comprehensive programs or projects is encouraged and is not seen asinappropriate. To aid the COPS Office in the prevention of awarding potentially duplicative funding, please indicate whether your agency hasa pending application or an active award with any other federal funding source (e.g., direct federal funding or indirect federal funding throughstate sub-awarded federal funds) which supports the same or similar activities or services as being proposed in this COPS Office application. ——
Do you have any current, active non-COPS Office award with any other federal funding source (e.g., direct federal funding or indirect federalfunding through state subawarded federal funds) that supports the same or similar activities or services as being proposed in this COPSOffice application? No
If Yes, for each potentially duplicative non-COPS Office award, provide the following detailed information: name of federal awarding agency,or state agency for subawarded federal funding; award number; program name; award start and end dates; award amount; and description ofhow this project differs from the application for COPS office funding. ——
Do you have any pending non-COPS Office grant applications with any other federal funding source (e.g., direct federal funding or indirectfederal funding through state subawarded federal funds)that support the same or similar activities or services as being proposed in this COPSOffice application? No
If Yes, for each potentially duplicative non-COPS Office grant application, provide the following detailed information: application number (ifknown); program name; project length; total requested amount; items requested; and describe how this project differs from the application forCOPS Office funding. ——
Certification of Review of 28 CFR Part 23/Criminal Intelligence REVIEWS AND CERTIFICATIONS Certification of Review of 28 C.F.R. Part 23/Criminal Intelligence Systems: If your agency is requestingCOPS Office funding for equipment or technology that will be used to operate an interjurisdictional criminal intelligence system that receives,stores, analyzes, exchanges, or disseminates data regarding ongoing criminal activities, you must agree to comply with the operatingprinciples at 28 C.F.R Part 23. If you are requesting COPS Office funds to operate a single agency database (or other unrelated forms oftechnology) and will not share criminal intelligence data with other jurisdictions, 28 C.F.R. Part 23 does not apply. Please review the FY23CPA Programs Reference Guide for additional information.
FY23 CPA Information
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Please check one of the following, as applicable to your agency’s intended use of COPS Office funds.
No, my agency will not use these COPS Office funds (if awarded) to operate an interjurisdictional criminal intelligence system.
CERTIFICATION OF REVIEW AND REPRESENTATION OF COMPLIANCE By checking the box, the applicant indicates he or she understands that the signatures of the Law Enforcement Executive /Program Official,Government Executive / Financial Official, and the Person Submitting this Application on the Reviews and Certifications represent to theCOPS Office that: 1. the applicant will comply with all legal, administrative, and programmatic requirements that govern the applicant foracceptance and use of federal funds as outlined in the applicable COPS Office Solicitation and Reference Guides, the COPS Office awardowner's manual, the DOJ Grants Financial Guide, Assurances, Certifications and all other applicable program regulations, laws, orders, andcirculars; 2. the applicant understands that as a general rule COPS Office funding may not be used for the same item or service fundedthrough another funding source; and 3. the applicant and any required or identified official partner(s) listed in this application mutually agreedto this partnership prior to submission. true
Acknowledgement of Electronic Signatures
By checking the box, the applicant indicates that he or she understands that “clicking to agree” in this application and the required forms,including the Assurances, Certifications, and Disclosure of Lobbying Activities form are just as legally enforceable as physical signatures. ——
I understand.
true
Sworn Officer Positions: $0.00
Civilian or Non-Sworn Personnel: $0.00
Travel: $0.00
Equipment: $0.00
Supplies: $27,250.00
SubAwards: $0.00
Procurement Contracts: $146,000.00
Other Costs: $24,000.00
Total Direct Costs: $197,250.00
Indirect Costs: $0.00
Proposal Narrative
Budget and Associated Documentation
Budget Summary
Budget Category Total Cost
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Federal Funds: $197,250.00
Match Amount: $0.00
Program Income: $0.00
No documents have been uploaded for Non-Competitive Justification No documents have been uploaded for Indirect Cost Rate Agreement No documents have been uploaded for Consultant Rate Justification Name
FY23_MontebelloPD_Budget Narrative.docx
Category
Budget Narrative
Created by
Vanessa Nava
ApplicationNumber
——
DateAdded
04/21/2023
Budget and Associated Documentation
DOES THIS BUDGET CONTAIN CONFERENCE COSTS WHICH IS DEFINED BROADLY TO INCLUDE MEETINGS, RETREATS, SEMINARS, SYMPOSIA,AND TRAINING ACTIVITIES? —— List each position by title and name of employee, if available. Show the annual salary rate and the percentage of time to be devoted to the project.Compensation paid for employees engaged in grant activities must be consistent with that paid for similar work within the applicant organization. In thenarrative section, please provide a specific description of the responsibilities and duties for each position, and explain how the responsibilities and dutiessupport the project goals and objectives outlined in your application.
No items
Budget / Financial Attachments
Non-competitive Justification
Indirect Cost Rate Agreement
Consultant Rate Justification
Additional Attachments
Base Salary and Fringe Benefits for Sworn Officer
Personnel
Instructions
Year 1
Year 1
Personnel Detail
NamePositionSalaryRate TimeWorkedPercentageof Time (%)TotalCost
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 16/28 Fringe benefits should be based on the actual known costs or an approved negotiated rate by a Federal Agency. If not based on an approved negotiated rate,list the composition of the fringe benefit package. Fringe benefits are for the personnel listed in Personnel budget category listed and only for the percentageof time devoted to the project. In the narrative section, please provide a specific description for each item Itemize travel expenses of staff personnel (e.g. staff to training, field interviews, advisory group meeting, etc.). Describe the purpose of each travelexpenditure in reference to the project objectives. Show the basis of computation (e.g., six people to 3-day training at $X airfare, $X lodging, $Xsubsistence). In training projects, travel and meals for trainees should be listed separately. Show the number of trainees and the unit costs involved.Identify the location of travel, if known; or if unknown, indicate "location to be determined." Indicate whether applicant's formal written travel policy or theFederal Travel Regulations are followed. Note: Travel expenses for consultants should be included in the “Consultant Travel” data fields under the“Subawards (Subgrants)/Procurement Contracts” category. For each Purpose Area applied for, the budget should include the estimated cost for traveland accommodations for two staff to attend two three-day long meetings, with one in Washington D.C. and one in their region, with the exception ofPurpose Area 1, which should budget for one meeting in Washington D.C, and Purpose Areas 6 and 7, which should budget for 3 meetings within a 3year period, with 2 in Washington D.C, and 1 within their region. All requested information must be included in the budget detail worksheet and budgetnarrative.
Personnel Total Cost
$0
Additional Narrative
No items
Fringe Benefits Total Cost
$0
Additional Narrative
Fringe Benefits
Instructions
Year 1
Fringe Benefit Detail
NameBaseRate (%)Total Cost
Travel
Instructions
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List items by type (office supplies, postage, training materials, copy paper, and expendable equipment items costing less than $5,000, such as books,hand held tape recorders) and show the basis for computation. Generally, supplies include any materials that are expendable or consumed during thecourse of the project. All requested information must be included in the budget detail worksheet and budget narrative.
No items
Travel Total Cost
$0
No items
Equipment Total Cost
$0
Travel Detail
PurposeofTravel
LocationType ofExpense
BasisCostQuantity# OfStaff# OfTrips
Total CostNon-FederalContributionFederalRequest
Equipment
Instructions
Year 1
Equipment Detail
EquipmentItem # ofItemsCostTotalCost Non-FederalContributionFederalRequest Supply Items
Instructions
Year 1
Supply Item Detail
Purpose ofSupply Items# ofItemsUnit CostTotal CostNon-FederalContributionFederalRequest
10/24/23, 6:16 PM Grant Package
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Subawards (see "Subaward" definition at 2 CFR 200.92) : Provide a description of the Federal Award activities proposed to be carried out by anysubrecipient and an estimate of the cost (include the cost per subrecipient, to the extent known prior to the application submission). For eachsubrecipient, enter the subrecipient entity name, if known. Please indicate any subaward information included under budget category Subawards(Subgrants) Contracts by including the label "(subaward)" with each subaward category.
Training Supplies25.00$100.00 $2,500.00 $2,500.00
Laptop 3.00 $2,500.00$7,500.00 $7,500.00
Peer SupportTeam Jackets15.00$100.00 $1,500.00 $1,500.00 Bulletin Boards50.00$35.00 $1,750.00 $1,750.00
Peer SupportTeam TrainingManual 15.00$300.00 $4,500.00 $4,500.00 Books 500.00$15.00 $7,500.00 $7,500.00
Journal 100.00$20.00 $2,000.00 $2,000.00
Supplies Total Cost
$27,250
Additional Narrative
The department has done its best efforts to minimize any additional costs to the grant project budget that will not directly support the program goals.The three laptops purchased (estimated at $2,500 each) will be used to create presentation material, during meetings, and to continue servicesremotely when necessary. The bulletin boards will be placed throughout the department to announce and encourage participation in upcomingprogram events.
No items
Construction Total Cost
$0
Construction
Instructions
Year 1
Construction Detail
Purpose ofConstructionDescriptionof Work # ofItemsCostTotalCost Non-FederalContributionFederalRequest Subawards
Instructions
Year 1
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Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on theproject. Written prior approval and additional justification is required for consultant fees in excess of the DOJ grant-making component's threshold for an8-hour day.
In the narrative section, please provide a specific description for each item, and explain how the item supports the project goals and objectives outlinedin your application.
No items
Subawards Total Cost
$0
Add Consultant Travel
——
Peer SupportTraining andProgramDevelopmentNo UnitedStates CaliforniaMontebello$11,000.00 $11,000.00 Stress ReductionPhysical andmentalprogrammingYes UnitedStates CaliforniaMontebello$30,000.00 $30,000.00 Dietician andNutrition Dietary trainingand educationYes UnitedStates CaliforniaMontebello$15,000.00 $15,000.00 Fiscal TrainingFinancialliteracy andYes UnitedStt CaliforniaMontebello$15,000.00 $15,000.00 Subaward (Subgrant) Detail
DescriptionPurposeConsultantCountry State/U.S.TerritoryCity TotalCost Non-FederalContributionFederalRequest Procurement contracts (see “Contract” definition at 2 CFR 200.22): Provide a description of the product or service to beprocured by contract and an estimate of the cost. Indicate whether the applicant’s formal, written Procurement Policy or theFederal Acquisition Regulation is followed. Applicants are encouraged to promote free and open competition in awardingprocurement contracts. A separate justification must be provided for sole source procurements in excess of the SimplifiedAcquisition Threshold set in accordance with 41 U.S.C. 1908 (currently set at $250,000) for prior approval. Please provide aspecific description for each item, and explain how the item supports the project goals and objectives outlined in yourapplication. Consultant Fees: For each consultant enter the name, if known, service to be provided, hourly or daily fee (8-hour day), and estimated time on the project. Unless otherwise approved by the COPS Office, approved consultant rates willbe based on the salary a consultant receives from his or her primary employer. Consultant fees in excess of $650 per dayrequire additional written justification, and must be pre-approved in writing by the COPS Office if the consultant is hired viaa noncompetitive bidding process. Please provide a specific description for each item, and explain how the item supportsthe project goals and objectives outlined in your application. Please visit https://cops.usdoj.gov/grants for a list of allowableand unallowable costs for this program.
Instructions
Year 1
Procurement Contract Detail
DescriptionPurposeConsultantCountryState/U.S.TerritoryCity TotalCost Non-FederalContributionFederalRequest
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Annual WellnessEvaluation
Mental healthevaluation foremployeesYes UnitedStates CaliforniaMontebello$75,000.00 $75,000.00 Procurement Cost
$146,000
No items
Consultant Travel Total Cost
$0Procurement Total Cost
$146,000
Additional Narrative
In the efforts to prepare this narrative, initial estimates were received from companies that provide services to create peer support groups that arefocused on law enforcement personnel. The department will conduct a full scope of work and project request, as required by City and federalstandards before contracting services.
Mental HealthAwareness App 1.00 $1,000.0024.00$24,000.00 $24,000.00 Other Costs Total Cost
$24,000
Additional Narrative
Integrating a mobile app into the proposed mental health program can provide several benefits. It can provide easy access to mental health resourcesand support our officers and stuff, even when they are out on the field. We can personalize the app and allow officers to customize their experiencebased on their individual needs and preference. These personalized options will include tips for self-care and suggestions for specific resources,based on the current needs. Additionally, the data generated based on usage and engagement with the program will help inform future programdevelopment and improve outcomes. The application will provide the most cost-effective way to disburse resources and available funds.
Consultant Travel Detail
PurposeofTravelLocationType ofExpenseCost Duration or Distance# ofStaffTotalCost Non-FederalContributionFederal Request Other Direct Costs
Instructions
Year 1
Other Cost Detail
DescriptionQuantityBasis Costs LengthofTime Total CostsNon-FederalContributionFederalRequest
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 22/28 Indirect costs are allowed only if: a) the applicant has a current, federally approved indirect cost rate; or b) the applicant is eligible to use and elects touse the “de minimis” indirect cost rate described in 2 C.F.R. 200.414(f). (See paragraph D.1.b. in Appendix VII to Part 200—States and LocalGovernment and Indian Tribe Indirect Cost Proposals for a description of entities that may not elect to use the “de minimis” rate.) An applicant with acurrent, federally approved indirect cost rate must attach a copy of the rate approval, (a fully-executed, negotiated agreement). If the applicant does nothave an approved rate, one can be requested by contacting the applicant’s cognizant Federal agency, which will review all documentation and approve arate for the applicant organization, or if the applicant’s accounting system permits, costs may be allocated in the direct costs categories. (Applicant Indiantribal governments, in particular, should review Appendix VII to Part 200—States and Local Government and Indian Tribe Indirect Cost Proposalsregarding submission and documentation of indirect cost proposals.) All requested information must be included in the budget detail worksheet andbudget narrative. In order to use the “de minimis” indirect rate an applicant would need to attach written documentation to the application that advisesDOJ of both the applicant’s eligibility (to use the “de minimis” rate) and its election. If the applicant elects the de minimis method, costs must beconsistently charged as either indirect or direct costs, but may not be double charged or inconsistently charged as both. In addition, if this method ischosen then it must be used consistently for all federal awards until such time as the applicant entity chooses to negotiate a federally approved indirectcost rate.
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FY23_MontebelloPD_Project Abstract.docx
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Memoranda ofUnderstanding (MOUs)and Other SupportiveDocuments Created by
Vanessa Nava
ApplicationNumber
——
DateAdded
04/21/2023
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Year 1
Indirect Cost Detail
Description Base IndirectCostRate Total CostNon-FederalContributionFederalRequest Memoranda of Understanding (MOUs) and Other Supportive Documents Memoranda of Understanding (MOUs) and Other Supportive Documents
Additional Application Components
Additional Attachments
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 23/28 Disclosure of Lobbying Activities
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Form SFLLL_2_0-V2.0.pdf
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LobbyingActivitiesDisclosure
Created by
——
ApplicationNumber
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OMB APPROVAL NUMBER 1121-0140
EXPIRES 05/31/2019
U.S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant or cooperative agreement, I certify under penalty of perjury to the U.S. Department of Justice ("Department"), that all of the following are true and correct:
(1) I have the authority to make the following representations on behalf of myself and the Applicant. I understand that these representations will be relied upon as material in any Department decision to make an award to the Applicant based on its application. (2) I certify that the Applicant has the legal authority to apply for the federal assistance sought by the application, and that it has the institutional, managerial, and financial capability (including funds sufficient to pay any required non-federal share of project costs) to plan, manage, and complete the project described in the application properly. (3) I assure that, throughout the period of performance for the award (if any) made by the Department based on the application-- a. the Applicant will comply with all award requirements and all federal statutes and regulations applicable to the award; b. the Applicant will require all subrecipients to comply with all applicable award requirements and all applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any organizational conflict of interest, and also to prohibit employees from using their positions in any manner that poses, or appears to pose, a personal or financial conflict of interest.
(4) The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the Department based on the application specifically include statutes and regulations pertaining to civil rights and nondiscrimination, and, in addition-- a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age Discrimination Act of 1975 (42 U.S.C. § 6102); b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section 809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of Crime Act of 1984 (34 Name
FY23_MontebelloPD_Program Timeline.docx
Category
Timeline
Created by
Vanessa Nava
ApplicationNumber
——
DateAdded
04/21/2023
Disclosures and Assurances
DOJ Certified Standard Assurances
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 24/28 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section 40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards made by the Office on Violence Against Women, also may apply to an award made otherwise; c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes (and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204. (5) The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ "Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23 (criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial assistance programs), and 46 (human subjects protection). (6) I assure that the Applicant will assist the Department as necessary (and will require subrecipients and contractors to assist as necessary) with the Department's compliance with section 106 of the National Historic Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28 C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands). (7) I assure that the Applicant will give the Department and the Government Accountability Office, through any authorized representative, access to, and opportunity to examine, all paper or electronic records related to the award (if any) made by the Department based on the application.
(8) If this application is for an award from the National Institute of Justice or the Bureau of Justice Statistics pursuant to which award funds may be made available (whether by the award directly or by any subaward at any tier) to an institution of higher education (as defined at 34 U.S.C. § 10251(a)(17)), I assure that, if any award funds actually are made available to such an institution, the Applicant will require that, throughout the period of performance--
a. each such institution comply with any requirements that are imposed on it by the First Amendment to the Constitution of the United States; and
b. subject to par. a, each such institution comply with its own representations, if any, concerning academic freedom, freedom of inquiry and debate, research independence, and research integrity, at the institution, that are included in promotional materials, in official statements, in formal policies, in applications for grants (including this award application), for accreditation, or for licensing, or in submissions relating to such grants, accreditation, or licensing, or that otherwise are made or disseminated to students, to faculty, or to the general public.
(9) I assure that, if the Applicant is a governmental entity, with respect to the award (if any) made by the Department based on the application--
a. it will comply with the requirements of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655), which govern the treatment of persons displaced as a result of federal and federally-assisted programs; and b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and 7324-7328, which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by federal assistance.
(10) If the Applicant applies for and receives an award from the Office of Community Oriented Policing Services (COPS Office), I assure that as required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and consistent with applicable law--including, but not limited to, the Indian Self- Determination and Education Assistance Act--seek, recruit, and hire qualified members of racial and ethnic minority groups and qualified women in order to further effective law enforcement by increasing their ranks within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11).
(11) If the Applicant applies for and receives a DOJ award under the STOP School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3), that it will maintain and report such data, records, and information (programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement (or concealment or omission of a material fact) in this certification, or in the application that it supports, may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department's awards, including certifications provided in connection with such awards, are subject to review by the Department, including by its Office of the Inspector General.
Please Acknowledge
Signed
SignerID
[email protected]
Signing Date / Time
4/21/23 4:18 PM
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 25/28
U.S. DEPARTMENT OF JUSTICE
CERTIFICATIONS REGARDING LOBBYING; DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS; DRUG-FREE WORKPLACEREQUIREMENTS; LAW ENFORCEMENT AND COMMUNITY POLICING
Applicants should refer to the regula ons and other requirements cited below to determine the cer fica on to which they are required to a est.Applicants should also review the instruc ons for cer fica on included in the regula ons or other cited requirements before comple ng this form. The cer fica ons shall be treated as a material representa on of fact upon which reliance will be placed when the U.S. Department of Jus ce(“Department”) determines to award the covered transac on, grant, or coopera ve agreement.
1. LOBBYING
As required by 31 U.S.C. § 1352, as implemented by 28 C.F.R. Part 69, the Applicant cer fies and assures (to the extent applicable) the following:
(a) No Federal appropriated funds have been paid or will be paid, by or on behalf of the Applicant, to any person for influencing or a emp ng toinfluence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congressin connec on with the making of any Federal grant, the entering into of any coopera ve agreement, or the extension, con nua on, renewal,amendment, or modifica on of any Federal grant or coopera ve agreement; (b) If the Applicant’s request for Federal funds is in excess of $100,000, and any funds other than Federal appropriated funds have been paid or willbe paid to any person for influencing or a emp ng to influence an officer or employee of any agency, a member of Congress, an officer or employeeof Congress, or an employee of a member of Congress in connec on with this Federal grant or coopera ve agreement, the Applicant shall completeand submit Standard Form - LLL, “Disclosure of Lobbying Ac vi es” in accordance with its (and any DOJ awarding agency’s) instruc ons; and (c) The Applicant shall require that the language of this cer fica on be included in the award documents for all subgrants and procurement contracts(and their subcontracts) funded with Federal award funds and shall ensure that any cer fica ons or lobbying disclosures required of recipients ofsuch subgrants and procurement contracts (or their subcontractors) are made and filed in accordance with 31 U.S.C. § 1352.
2. DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS A. Pursuant to Department regula ons on nonprocurement debarment and suspension implemented at 2 C.F.R. Part 2867, and to other relatedrequirements, the Applicant cer fies, with respect to prospec ve par cipants in a primary er “covered transac on,” as defined at 2 C.F.R. §2867.20(a), that neither it nor any of its principals-- (a) is presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federalcourt, or voluntarily excluded from covered transac ons by any Federal department or agency; (b) has within a three-year period preceding this applica on been convicted of a felony criminal viola on under any Federal law, or been convicted orhad a civil judgment rendered against it for commission of fraud or a criminal offense in connec on with obtaining, a emp ng to obtain, orperforming a public (Federal, State, tribal, or local) transac on or private agreement or transac on; viola on of Federal or State an trust statutes orcommission of embezzlement, the , forgery, bribery, falsifica on or destruc on of records, making false statements, tax evasion or receiving stolenproperty, making false claims, or obstruc on of jus ce, or commission of any offense indica ng a lack of business integrity or business honesty thatseriously and directly affects its (or its principals’) present responsibility; (c) is presently indicted for or otherwise criminally or civilly charged by a governmental en ty (Federal, State, tribal, or local) with commission of anyof the offenses enumerated in paragraph (b) of this cer fica on; and/or (d) has within a three-year period preceding this applica on had one or more public transac ons (Federal, State, tribal, or local) terminated for causeor default.
B. Where the Applicant is unable to cer fy to any of the statements in this cer fica on, it shall a ach an explana on to this applica on. Where theApplicant or any of its principals was convicted, within a three-year period preceding this applica on, of a felony criminal viola on under any Federall th A li t l tdi l hfl i i l i i i t th D t t(f OJPA li t t OJP t DOJ Certifications Regarding Lobbying; Debarment, Suspension and Other Responsibility Matters; and Drug-FreeWorkplace Requirements; Law Enforcement and Community Policing
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 26/28 law, the Applicant also must disclose such felony criminal convic on in wri ng to the Department (for OJP Applicants, to OJP at Ojpcompliancerepor [email protected]; for OVW Applicants, to OVW at [email protected]; or for COPS Applicants, to COPS [email protected]), unless such disclosure has already been made.
3. FEDERAL TAXES
A. If the Applicant is a corpora on, it cer fies either that (1) the corpora on has no unpaid Federal tax liability that has been assessed, for which alljudicial and administra ve remedies have been exhausted or have lapsed, that is not being paid in a mely manner pursuant to an agreement withthe authority responsible for collec ng the tax liability, or (2) the corpora on has provided wri en no ce of such an unpaid tax liability (or liabili es)to the Department (for OJP Applicants, to OJP at Ojpcompliancerepor [email protected]; for OVW Applicants, to OVW at [email protected]; or forCOPS Applicants, to COPS at [email protected]).
B. Where the Applicant is unable to cer fy to any of the statements in this cer fica on, it shall a ach an explana on to this applica on.
4. DRUG-FREE WORKPLACE (GRANTEES OTHER THAN INDIVIDUALS) As required by the Drug-Free Workplace Act of 1988, as implemented at 28 C.F.R. Part 83, Subpart F, for grantees, as defined at 28 C.F.R. §§ 83.620and 83.650:
A. The Applicant cer fies and assures that it will, or will con nue to, provide a drug-free workplace by-- (a) Publishing a statement no fying employees that the unlawful manufacture, distribu on, dispensing, possession, or use of a controlled substanceis prohibited in its workplace and specifying the ac ons that will be taken against employees for viola on of such prohibi on; (b) Establishing an on-going drug-free awareness program to inform employees about-- (1) The dangers of drug abuse in the workplace;
(2) The Applicant’s policy of maintaining a drug-free workplace; (3) Any available drug counseling, rehabilita on, and employee assistance programs; and (4) The penal es that may be imposed upon employees for drug abuse viola ons occurring in the workplace; (c) Making it a requirement that each employee to be engaged in the performance of the award be given a copy of the statement required byparagraph (a); (d) No fying the employee in the statement required by paragraph (a) that, as a condi on of employment under the award, the employee will-- (1) Abide by the terms of the statement; and
(2) No fy the employer in wri ng of the employee’s convic on for a viola on of a criminal drug statute occurring in the workplace no later than fivecalendar days a er such convic on; (e) No fying the Department, in wri ng, within 10 calendar days a er receiving no ce under subparagraph (d)(2) from an employee or otherwisereceiving actual no ce of such convic on. Employers of convicted employees must provide no ce, including posi on tle of any such convictedemployee to the Department, as follows:
For COPS award recipients - COPS Office, 145 N Street, NE, Washington, DC, 20530; For OJP and OVW award recipients - U.S. Department of Jus ce, Office of Jus ce Programs, ATTN: Control Desk, 810 7th Street, N.W., Washington,D.C. 20531.
No ce shall include the iden fica on number(s) of each affected award; (f) Taking one of the following ac ons, within 30 calendar days of receiving no ce under subparagraph (d)(2), with respect to any employee who is soconvicted:
(1) Taking appropriate personnel ac on against such an employee, up to and including termina on, consistent with the requirements of theRehabilita on Act of 1973, as amended; or (2) Requiring such employee to par cipate sa sfactorily in a drug abuse assistance or rehabilita on program approved for such purposes by aFederal, State, or local health, law enforcement, or other appropriate agency; and (g) Making a good faith effort to con nue to maintain a drug-free workplace through implementa on of paragraphs (a), (b), (c), (d), (e), and (f).
5. LAW ENFORCEMENT AGENCY CERTIFICATION REQUIRED UNDER DEPARTMENT OF JUSTICE DISCRETIONARY GRANT PROGRAMS (“SAFE POLICINGCERTIFICATION”) If this applica on is for a discre onary award pursuant to which award funds may be made available (whether by the award directly or by anysubaward at any er) to a State, local, college, or university law enforcement agency, the Applicant cer fies that any such law enforcement agency towhich funds will be made available has been cer fied by an approved independent creden aling body or has started the cer fica on process. Tobecome cer fied, a law enforcement agency must meet two mandatory condi ons:
(a) the agency’s use of force policies adhere to all applicable federal, State, and local laws; and (b) the agency’s use of force policies prohibit chokeholds except in situa ons where use of deadly force is allowed by law.
10/24/23, 6:16 PM Grant Package
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD4?pyActivity=%40baseclass.pzPro… 27/28 ( ) g y p p p y y
For detailed informa on on this cer fica on requirement, see https://cops.usdoj.gov/SafePolicingEO .
The Applicant acknowledges that compliance with this safe policing cer fica on requirement does not ensure compliance with federal, state, or locallaw, and that such cer fica on shall not cons tute a defense in any federal lawsuit. Nothing in the safe policing cer fica on process or safe policingrequirement is intended to be (or may be) used by third par es to create liability by or against the United States or any of its officials, officers, agentsor employees under any federal law. Neither the safe policing cer fica on process nor the safe policing cer fica on requirement is intended to (ordoes) confer any right on any third-person or en ty seeking relief against the United States or any officer or employee thereof. No person or en ty isintended to be (or is) a third-party beneficiary of the safe policing cer fica on process, or, with respect to the safe policing cer fica on requirement,such a beneficiary for purposes of any civil, criminal, or administra ve ac on.
6. COORDINATION REQUIRED UNDER PUBLIC SAFETY AND COMMUNITY POLICING PROGRAMS As required by the Public Safety Partnership and Community Policing Act of 1994, at 34 U.S.C. § 10382(c)(5), if this applica on is for a COPS award,the Applicant cer fies that there has been appropriate coordina on with all agencies that may be affected by its award. Affected agencies mayinclude, among others, Offices of the United States A orneys; State, local, or tribal prosecutors; or correc onal agencies.
I acknowledge that a materially false, fic ous, or fraudulent statement (or concealment or omission of a material fact) in this cer fica on, or in theapplica on that it supports, may be the subject of criminal prosecu on (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the Applicant to civil penal es and administra ve remedies for false claims or otherwise (including under 31U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that the Department’s awards, including cer fica ons provided in connec on with suchawards, are subject to review by the Department, including by its Office of the Inspector General.
Please Acknowledge
Certified
SignerID
[email protected]
Signing Date / Time
4/21/23 4:18 PM
Other Disclosures and Assurances
No documents have been uploaded for Other Disclosures and Assurances
Declaration and Certification to the U.S. Department of Justice as to this Application Submission