Agenda packet, regular meeting, second session — Montebello City Council, January 10, 2024 (part 1 of 4)

CITY OF MONTEBELLO

CITY COUNCIL

REGULAR MEETING

WEDNESDAY, JANUARY 10, 2024 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA

CITY COUNCIL
Scarlet Peralta, Mayor
Salvador Melendez, Mayor Pro Tem
Angie M. Jimenez, Councilmember
Georgina Tamayo, Councilmember
David N. Torres, Councilmember

CITY MANAGER
Raul Alvarez

CITY TREASURER
David Matanga

CITY ATTORNEY
Arnold M. Alvarez-Glasman

CITY CLERK
Christopher Jimenez

DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Police Chief
Director of Finance
Director of Planning/Community Development
Acting Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Joseph Palombi
Rita Montalvo
David Sosnowski
Adrianna Kendricks

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NOTICES
This City Council Meeting ("Council") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link: https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.

AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室.

RULES OF DECORUM:

Pursuant to Section 54957.95 of the Government Code, the presiding member of the legislative body conducting a meeting, or their designee, is authorized to remove, or cause the removal of, an individual for disrupting the meeting.

Any such removal will be preceded by a warning to the disruptive individual by the presiding member of the legislative body or their designee that the individual’s behavior is disrupting the meeting and that the individual’s failure to promptly cease their disruptive behavior may result in their removal.

PUBLIC COMMENTS:

In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council meetings, you may address the City Council in person only the day of the meeting.

Speakers will be required to fill out a speaker card provided at the door and submit it to City Clerk staff prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 6:00 p.m. and Regular Session begins immediately thereafter; if there is no Closed Session, Regular Session will begin at 6:00 p.m.

AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at:

Agendas, Minutes, and Videos,

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

THANK YOU FOR YOUR COOPERATION

OPENING CEREMONIES

CALL TO ORDER - 6:00 P.M.

ROLL CALL

ANNOUNCEMENT OF CLOSED SESSION ITEMS

PUBLIC COMMENTS ON CLOSED SESSION ITEMS
At this time, the public may submit a speaker card to the City Clerk staff for Closed Session items, prior to the beginning of this statement. Speakers will be called in the order received. Please be aware that the maximum time allotted for members of the public to speak on Closed Session items shall not exceed three (3) minutes per person. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
Navarro vs. City of Montebello, et al.

Case No. ADJ13310066, ADJ2613081, ADJ2548565, ADJ15539383, ADJ7472140, ADJ7964720, ADJ2654347, ADJ10708805, ADJ3507314, ADJ6779197, ADJ12495501, ADJ2613081, ADJ10708805, ADJ6773842

REGULAR SESSION - IMMEDIATELY FOLLOWING CLOSED SESSION

CLOSED SESSION REPORT

INVOCATION

PLEDGE OF ALLEGIANCE

CORRECTIONS TO THE AGENDA - CITY MANAGER

CEREMONIAL ITEMS/PRESENTATIONS

2. CITIZEN OF THE MONTH - ALBERT RUBACOBA

3. HUMAN TRAFFICKING AWARENESS MONTH

4. RECOGNITION OF RETIRING K-9

5. RECOGNITION OF LOS ANGELES MUAY THAI ATHLETES

6. TREEPEOPLE PRESENTATION
PUBLIC COMMENTS ON NON-AGENDA ITEMS (30 MINUTES)
At this time, the public may submit speaker card(s) to the City Clerk staff, for both agenda and non-agenda items, prior to the beginning of this statement; Public Hearing items do not require a speaker card.

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

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Calendar items will be addressed at the time that matter of business is heard, in the order received.

Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker. State Law prohibits the City Council from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor and City Council.

STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST

REGULAR BUSINESS

7. REVIEW OF CURRENT COUNCIL ASSIGNMENTS TO VARIOUS BOARDS, AGENCIES, AD HOC AND TASK

FORCE COMMITTEES

RECOMMENDATION: It is recommended that the City Council:

1. Review and take action to fill assignments to various Boards, Agencies, Ad Hoc and Task Force Committees; and

2. Designate the Mayor as the representative to the Los Angeles County-City Selection Committee and the Mayor Pro Tempore as the alternate representative; and

3. Designate the Mayor as the representative to the Board of Directors of Sanitation District No's. 2 and 15 of Los Angeles County, and designate a member of the City Council as the alternate; and

4. Take such additional, related, action that may be desirable.

8. ADOPTION OF URGENCY ORDINANCE NO. 2472 AND INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2473 AMENDING CHAPTER 2.44 “TRAFFIC AND SAFETY COMMISSION” OF THE

MONTEBELLO MUNICIPAL CODE TO UPDATE AND DEFINE THE ROLES, DUTIES AND

RESPONSIBILITIES OF COMMISSION MEMBERS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Urgency Ordinance No. 2472 amending Chapter 2.44 “Traffic and Safety Commission” of the Montebello Municipal Code to update and define the roles, duties and responsibilities of commission members; and

2. Introduce and conduct a first reading, with waiver of a full reading, of Ordinance No. 2473 amending Chapter 2.44 “Traffic and Safety Commission” of the Montebello Municipal Code to update and define the roles, duties and responsibilities of commission members; and

3. Provide direction to bring the ordinance back for a second reading and adoption at the next regular City Council meeting; and

4. Take such additional, related, action that may be desirable.

9. FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2471 AMENDING MUNICIPAL CODE CHAPTER 12.24 "CONDUCT IN PUBLIC PARKS"

RECOMMENDATION: It is recommended that the City Council:

1. Conduct a first reading and introduction of Ordinance No. 2471 (Attachment "A") to amend Municipal Code Chapter 12.24; and

2. Take such additional, related action that may be desirable.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a member wishes to discuss, including any items the public submitted speaker cards for, should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any Ordinance.

10. WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2470 ADDING THE NEW CITY OF MONTEBELLO LOGO AND ITS VARIATIONS TO MUNICIPAL CODE SECTION 1.16.010 "CITY LOGO AND

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CITY SEAL ADOPTED AND ADDED" (PREVIOUSLY LISTED AS ORDINANCE NO. 2467)

RECOMMENDATION: It is recommended that the City Council:

1. Waive Second Reading and Adopt Ordinance No. 2470 (Attachment “A”) to add the new City of Montebello logo and its variations to Municipal Code Section 1.16.010 (previously listed as Ordinance No. 2467); and

2. Take such additional, related action that may be desirable.

11. APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR PRE-EMPLOYMENT BACKGROUND

INVESTIGATION SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Agreement No. 4170 with Gallatin Investigations, LLC (Gallatin) in an amount that shall not exceed $150,000; and

2. Approve Agreement No. 4168 with Travis Investigations (Travis) in an amount that shall not exceed $225,000; and

3. Approve Agreement No. 4169 with TruView BSI, LLC (TruView) in an amount that shall not exceed $225,000; and

4. Take such additional, related action that may be desirable.

12. REQUEST TO INCREASE ANNUAL BLANKET PURCHASE ORDER AMOUNT WITH CDW-G FOR FISCAL YEAR 2023-24 FOR PURCHASE OF CRITICAL PUBLIC SAFETY HARDWARE

RECOMMENDATION: It is recommended that the City Council:

1. Authorize increasing the annual blanket purchase order amount with CDW-G from $50,000 to $175,000 during Fiscal Year 2023-24; and

2. Take such additional, related action that may be desirable.

13. RECEIVE AND FILE MONTEBELLO BUS LINES INTENT TO TRANSFER FISCAL YEAR 2017-18 LOW

CARBON OPERATION PROGRAM (LCTOP) FUNDS TO THE CITY OF PASADENA AND AUTHORIZE STAFF

TO CLOSE OUT THE GRANT

RECOMMENDATION: It is recommended that the City Council:

1. Receive and File Montebello Bus Lines (MBL) intent to transfer Fiscal Year 2017-18 Low Carbon Operation Program (LCTOP) funds, for the amount of Four Thousand, Three Hundred and Ninety Dollars ($4,390) to the City of Pasadena and authorize staff to close out the grant; and

2. Take such additional, related action that may be desirable.

14. AMEND THE FISCAL YEAR 2023-24 BUDGET TO APPROPRIATE GRANT FUNDS FROM THE FEDERAL

TRANSIT ADMINISTRATION FOR HYDROGEN FUEL CELL ELECTRIC BATTERY BUSES AND TRANSIT

FACILITY HVAC UPGRADE PROJECTS

RECOMMENDATION: It is recommended that the City Council:

1. Approve receipt of Nine Million Nine Hundred and Eleven Thousand Four Hundred and Fifty-Three Dollars ($9,911,453) in Federal grant funds awarded by the Federal Transit Administration (FTA) for Hydrogen Fuel Cell Electric Buses (FCEBs) and Transit Facility Heating, Ventilation, and Air Conditioning (HVAC) upgrade projects; and

2. Amend the Fiscal Year 2023-24 budget to appropriate Three Million Five Hundred Ninety-Seven Thousand, Three Hundred and Seventy-Five Dollars ($3,597,375) in Account No. 270-9065-2023-202- 6082 for three FCEB purchases and Six Million Three Hundred Fourteen Thousand and Seventy-Eight Dollars ($6,314,078) in Account No. 270-9065-2023-202-7115 for facility renovation projects; and

3. Take such additional, related action that may be desirable.

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15. APPROVE AMENDMENT NO. 1 TO AGREEMENT NO. 3698 WITH PCAM, LLC DBA “PARKING COMPANY OF AMERICA” TO EXTEND PROFESSIONAL SERVICES NECESSARY FOR THE METROLINK RAIL

FEEDER SHUTTLE SERVICES

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 1 to Agreement No. 3698 with PCAM, LLC dba “Parking Company of America” (PCA), to extend professional services necessary for the Metrolink Rail Feeder Shuttle Services for year two of the three (3) additional one-year (1) terms authorized under the original agreement with compensation of an amount not-to-exceed Five Hundred Twenty Thousand, Five Hundred and Six Dollars ($520,506); and

2. Take such additional, related action that may be desirable.

16. APPROVE AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT NO. 3326 WITH REDFLEX TRAFFIC SYSTEMS, INC. DBA “VERRA MOBILITY SYSTEMS”

RECOMMENDATION: It is recommended that the City Council:

1. Approve Amendment No. 2 to Professional Services Agreement No. 3326 with Redflex Traffic Systems, Inc. DBA “Verra Mobility Systems” for Red Light Photo Enforcement Program; and

2. Authorize the City Manager to execute the Amendment to the Agreement on behalf of the City; and

3. Take such additional, related action that may be desirable.

17. AUTHORIZE SUBMITTAL OF GRANT APPLICATIONS FOR ALL PROGRAMS FOR WHICH THE CITY OF MONTEBELLO IS ELIGIBLE AND APPROVE AMENDMENT NO. 2 TO AGREEMENT NO. 2202 WITH MCA

CONSULTANTS

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-03 (Attachment A) Authorizing Submittal of Individual Grant Applications for All Programs for which the City of Montebello is Eligible; and

2. Approve Amendment No. 2 (Attachment B) to Agreement No. 2202 with MCA Consultants for the implementation and monitoring of the SB 1383 Grant Program; and

3. Authorize the City Manager to execute Amendment No. 2 on behalf of the City; and

4. Amend the Fiscal Year 2023-24 budget by increasing appropriations by $90,000 in (Expenditure) Account No. 265-3020-6040.10 (Grants, SB 1383, Contract Services Outside Contracts) and $90,000 in (Revenue) Account No. 265-99-498.87 (Grants, SB 1383 Org Waste); and,

5. Authorize to increase Solid Waste Program Management Services with MCA Consultants in the amount not-to-exceed $195,000; and

6. Take such additional, related, action that may be desirable.

18. AUTHORIZE ISSUING A REQUEST FOR PROPOSAL (RFP) NO. 24 – 9 FOR THE SERVICE, REPAIR, AND

MAINTENANCE OF EMERGENCY GENERATORS

RECOMMENDATION: It is recommended that the City Council:

1. Authorize issuing a Request for Proposal (RFP) No. 24 – 9 for the service, repair, and maintenance of ten (10) Emergency Generators; and

2. Take such additional, related action that may be desirable.

19. APPROVAL OF MINUTES: OCTOBER 17, 2023, SPECIAL CITY COUNCIL MEETING; OCTOBER 25, 2023, CITY COUNCIL MEETING; OCTOBER 26, 2023, SPECIAL CITY COUNCIL MEETING; NOVEMBER 8, 2023, CITY COUNCIL MEETING; NOVEMBER 13, 2023, JOINT SPECIAL CITY COUNCIL AND PLANNING COMMISSION MEETING; NOVEMBER 22, 2023, CITY COUNCIL MEETING; DECEMBER 13, 2023, CITY

COUNCIL MEETING

RECOMMENDATION: It is recommended that the City Council:

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January 10, 2024: City Council Meeting Page 7 of 8

1. Approve said Minutes as is.

20. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 24-02 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED JANUARY 10, 2024

RECOMMENDATION: It is recommended that the City Council:

1. Adopt Resolution No. 24-02 approving the Warrant Register dated January 10, 2024.

PUBLIC COMMENTS - CONTINUED

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

COUNCIL/AGENCY ORALS
Announcements and requests for future agenda items.
• Salvador Melendez, Mayor Pro Tem

• Angie M. Jimenez, Councilmember

• Georgina Tamayo, Councilmember

• David N. Torres, Councilmember

1. Request for council consensus to allocate funds for the purchase and installation of drug disposal bins at the Police and Fire Department.

2. Request for council consensus directing staff to create an ordinance establishing a registry of vacant commercial spaces, and mechanisms to promote their maintenance.

3. Request for council consensus directing staff to create an ordinance to regulate the parking of oversized and commercial vehicles, and unattached trailers.

4. Request for council consensus directing staff to draft a resolution calling for a ceasefire in the Gaza- Israel conflict.

• Scarlet Peralta, Mayor

1. Initiating the commencement of the 2024 Community Budgeting Process: requesting an online budget survey and conducting in-person community input meetings.

2. Seeking council consensus to implement a mid-year budget amendment, aiming to increase funding for the expansion of our urban forestry initiatives.

3. Requesting council consensus for the city to act as a contributing sponsor for the Montebello PAAL program.

4. Mayor Peralta’s Welcome Baby Resource Event and Community Giveaway Saturday, January 27th, 2024
9:30 am -12:30 pm
More info: scarletmtb.com/baby2024

CLOSED SESSION - CONTINUED

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 24, 2024, at 6:00 p.m., which can be live-

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streamed at https://www.montebelloca.gov (Click on Live Stream).

I, Kimberly Guillen, Senior Deputy City Clerk for the City of Montebello, hereby certify that a copy of this agenda has been posted on or before Sunday, January 7, 2024, 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

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ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Kimberly Guillen, Senior Deputy City Clerk

SUBJECT: REVIEW OF CURRENT COUNCIL ASSIGNMENTS TO VARIOUS

BOARDS, AGENCIES, AD HOC AND TASK FORCE COMMITTEES

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Review and take action to fill assignments to various Boards, Agencies, Ad Hoc and Task Force Committees; and

2. Designate the Mayor as the representative to the Los Angeles County-City Selection Committee and the Mayor Pro Tempore as the alternate representative; and

3. Designate the Mayor as the representative to the Board of Directors of Sanitation District No's. 2 and 15 of Los Angeles County, and designate a member of the City Council as the alternate; and

4. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

There is no fiscal impact associated with these assignments.

BACKGROUND/DISCUSSION:

Annually, following the City Council reorganization meeting, the City Council reviews assigning Councilmembers to represent the City on various Boards, Agencies, Ad Hoc, and Task Force Committees. The City Council will review the current assignments, attached herein as Attachments A and B, to either confirm or make any recommendations as desired. The City Council may recommend dissolving an Ad Hoc once the committee has fulfilled its intended purpose.

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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At the December 13, 2023, City Council meeting in accordance with Montebello Municipal Code Section 2.08.010 (Council Reorganization) the City Council reorganized by selecting one of its members as Mayor and Mayor Pro Tempore.

As a result of the selection of a new Mayor and Mayor Pro Tempore, the City must also designate representatives to the Los Angeles County-City Selection Committee (City Selection Committee) and the Los Angeles County Sanitation District No's. 2 and 15 (Sanitation District). Those agencies require that the Mayor be designated the representative; the Mayor Pro Tempore must be the alternate representative for the City Selection Committee and any Councilmember may be designated the representative for the Sanitation District.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council review the list of assignments to the various Boards, Agencies, Ad Hoc, and Task Force Committees and either confirm or make any recommendations as desired. The attached lists show the current City Council appointments and are presented for the Council’s review.

ATTACHMENT(S)

1. Attachment A - City Council Assignments to Regional Boards - 2023

2. Attachment B - City Ad Hoc and Task Force Assignments - 2023

NEXT STEPS:

N/A

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2023

ORGANIZATION COUNCIL

REPRESENTATIVE

ALTERNATE

REPRESENTATIVE STIPEND MEETING INFORMATION LOCATION CONTACT EMAIL/PHONE County of Los Angeles
Sanitation Districts
Peralta* Jimenez $125.00 Meets 2nd and 4th Wednesday
1:30 p.m.; Delegate must be
Mayor; anyone can be
alternate.

Sanitation Districts of Los Angeles
County
1955 Workman Mill Road, Whittier, CA
90601
Kim Christensen 562-908-4288 ext. 1101;
[email protected]
Los Angeles County City
Selection Committee
Peralta* Melendez* $0 Meets 2-4 times a year
as needed; Delegate must be
Mayor, and Alternate must be
MPT.

Various locations in Los Angeles County Lee Millen [email protected] San Gabriel Valley Council of
Governments (SGVCOG)
Melendez Vacant $75.00 Every 3rd Thursday of the
month at 4pm, with a few
exceptions of Special Meetings
Upper San Gabriel Valley Municipal
Water District
1333 S. Mayflower Ave., Ste. 360
Monrovia, CA 91016 (in person)
Katie Ward /
Stefanie
Hernandez
[email protected] ;
[email protected]; Office 626-457-
1800
Capital Projects Committee -
Alameda Corridor East
Authority (ACE)
Jimenez Torres $0 Meets every 4th Monday
12:00 p.m.

West Covina City Hall
1444 W. Garvey Avenue
West Covina, CA
Charlotte
Stadelmann/
Eric Shen
[email protected]; (626) 962-
9292; [email protected]
Gateway Cities Council of
Governments
Jimenez Tamayo $125.00 Meet 1st Wednesday of the
month
6:00 p.m.

Gateway Cities Office
16401 Paramount Blvd, Paramount, CA
Genny Cisneros [email protected] / (562) 663-6850
Independent Cities
Association
Melendez Jimenez $0 Meets 2nd Thursday of the
month
7:00 p.m.

Location varies each month - [email protected]
Montebello Chamber of
Commerce
Tamayo Peralta $0 4th Wednesday of the month
at 8 a.m.

Montebello Chamber of Commerce
817 West Whittier Blvd.

Montebello, CA 90640
Adriana Dugan [email protected]
League of California Cities Jimenez Torres $0 Meets four times a year, 4th Thursday of the month; 6-8
p.m. Schedule found at
www.lacities.org
Location Varies Kristine
Guerrero,
League Staff;
Jennifer Quan,
[email protected]; 626-716-0076;
[email protected] (626) 786-5142
Los Angeles County Vector
Control District
(LACVCD)
Avik Cordeiro
(Resident
Reappointed
11/10/2021-11/2025
for a period of 4 yrs.)
- $100.00 Meets 2nd Thursday of the
month
7:00 p.m.

L.A. County Vector Control District
Headquarters
12545 Florence Avenue
Santa Fe Springs, CA 90670
Truc Dever [email protected]
Southeast Area Animal
Control (SEAACA)
Peralta Tamayo $225.00 Meet 3rd Thursday
2:00 p.m.

Seaaca Office
9777 Seaaca Street
Downey, CA 90241
Cathy Kyle,
Manager,
HR/Finance
[email protected] / (562) 803-
3301 Ext. 221
Southern California
Association of Governments
(SCAG)
Melendez Jimenez $0 - unless
Regional
Councilmemb
er (CM) or
Policy CM
General Assembly Business
meeting meets once a year in
May (May 4-5 in Palm Desert
for 2023)
SCAG Main Office
Wilshire Grand Center
900 Wilshire Boulevard, Suite 1700
Los Angeles, CA 90017
Maggie
Aguilar/Cecilia
Pulido
Maggie Aguilar, Clerk of the Board, (213)
630-1420, [email protected]
Cecilia Pulido, Deputy Clerk of the Board,
(213) 630-1480, [email protected]
City Council Regional Board Assignments
City Council Action: January 11, 2023
*Names in red font have been updated for 2024 per Regional Board Requirements. Updated 12/27/2023

ATTACHMENT A

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2023
Name of Committee/Task Force Members Name #1 Name #2 Date of Appointment Ashiya Sister City Association 1 Peralta (Delegate) 1/11/2023 Stepanakert Sister City Association 1 Melendez (Delegate) Established 1/11/23 Innovating Commerce Serving
Communities Ad-Hoc” 2 Torres Peralta 1/11/2022 (established 1/12/22) * Joint School District Ad Hoc 2 Tamayo Jimenez Pending Approval from MUSD
Streets Ad Hoc 2 Torres Peralta 2/22/23 (established 2/2017) Washington Goldline Coalition 2 Melendez (Delegate) 1/11/23 (established 1/12/22; previously the Transportation Ad Hoc)
Financial Reporting Ad Hoc 2 Tamayo Torres Established 1/11/23 Ad Hoc and Task Force Assignments
Updated 12/27/2023

ATTACHMENT B

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ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Arnold Glasman, City Attorney

SUBJECT: ADOPTION OF URGENCY ORDINANCE NO. 2472 AND
INTRODUCTION AND FIRST READING OF ORDINANCE NO. 2473
AMENDING CHAPTER 2.44 “TRAFFIC AND SAFETY COMMISSION”

OF THE MONTEBELLO MUNICIPAL CODE TO UPDATE AND DEFINE

THE ROLES, DUTIES AND RESPONSIBILITIES OF COMMISSION

MEMBERS

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

3. Provide direction to bring the ordinance back for a second reading and adoption at the next regular City Council meeting; and

4. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

N/A

BACKGROUND/DISCUSSION:

Ordinance No. 2322 was passed and approved by the City Council of the City of Montebello in 2008, amending the Montebello Municipal Code requiring that the City

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Council establish various Commissions to help advise the City, including a Traffic and Safety Commission. At its meeting of January 13, 2021, the City Council adopted an Ordinance amending Chapter 2.44 of the City of Montebello Municipal Code relative to the then-existing Traffic and Safety Commission and transforming it into a Traffic and Safety Committee with changes to the procedures and membership of the Committee (previously Commission). Subsequently, at its first meeting in March of 2023, the City Council adopted an Ordinance to reinstate the Traffic and Safety Commission to its full form as it previously was before the amendment on January 13, 2021. The Ordinance reverted the Traffic Committee back to a Traffic and Safety Commission, as it once was, made up of five (5) members of the public, with each member being appointed by the City Council.

ENVIRONMENTAL:

N/A

ANALYSIS:

The purpose of a traffic and safety commission is to consider matters of traffic safety within the City, evaluate proposals for traffic control devices, evaluate the need for striping, signage or other measures not of a regulatory nature, educate the public on traffic issues and respond to public concerns regarding traffic and pedestrian safety.

From 2020 to 2020 in California, traffic fatalities increased by approximately 7.6%, alcohol-impaired driving fatalities increased by 16%, motorcycle fatalities increased by 3%, and pedestrian fatalities increased by 9.4%.

The proposed amendment of Chapter 2.44 of the Montebello Municipal Code will provide the requisite direction, procedure and authority for the Traffic and Safety Commission to make decisions and take actions to improve the traffic conditions within the City. This amendment to the Traffic and Safety Commission provisions will include the following:

• Designating the following City officers and employees of their deputies to participate in meetings: City Manager, Community Development Director, City Engineer, Police Chief, City Attorney;
• Clearly define the powers and duties of commissioners, including but not limited to items relating to traffic control devices, traffic and pedestrian safety zones and signage or striping;
• Standards for exercising the above powers and duties; • Temporary powers and duties of the Police Chief for emergencies; • Issuance of work orders for signage, markings, or devices and the procedure for the same; and
• Recommending capital improvement projects relating to traffic to City Council for approval.

A typical Ordinance becomes effective 30 days after the date of its adoption. However, California Government Code sections 36934 and 36937 authorize the City Council to

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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take action by Urgency Ordinance (Attachment A) to take effect immediately for the preservation of the public peace, health or safety when adopted by a four-fifths vote of the City Council. It is customary to recommend the consideration of an identical non- urgency Ordinance by way of the usual two reading procedures concurrently with the adoption of an Urgency Ordinance because, in the event the Urgency Ordinance is successfully challenged, the non-urgency version of the Ordinance (Attachment B) will have already taken effect. Only actions taken during the 30-day gap period of the non- urgency Ordinance are then vulnerable to challenge.

The City Council finds that this Urgency Ordinance is necessary to address traffic safety concerns of the residents in the City of Montebello and to ensure that transportation systems are made safe for all road users, for all modes of transportation, in all communities and for people of all incomes, races and ethnicities, ages and abilities, and thereby preserve the public peace, health, and safety as a result. For these reasons, the establishment of an immediate update and definition of the roles, duties, and responsibilities of the Traffic and Safety Commission is necessary to allow the traffic commission to effectively and expeditiously address potential dangers or necessary modifications relating to traffic within the City.

SUMMARY:

It is recommended that the City Council adopt an Urgency Ordinance with the requisite urgency findings, introduce and conduct a first reading, with waiver of a full reading, of an Ordinance amending Chapter 2.44 “Traffic and Safety Commission” of the Montebello Municipal Code to update and define the roles, duties and responsibilities of commission members, and provide direction to bring this item back for a second reading and adoption at the next regular City Council meeting.

ATTACHMENT(S)

1. Attachment A - Urgency Ordinance No. 2472 - Traffic and Safety Commission

2. Attachment B - Ordinance No. 2473 - Traffic and Safety Commission

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ATTACHMENT A
URGENCY ORDINANCE NO. 2472

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 2.44 “TRAFFIC
AND SAFETY COMMISSION” OF THE MONTEBELLO MUNICIPAL

CODE TO UPDATE AND DEFINE THE ROLES, DUTIES AND
RESPONSIBILITIES OF COMMISSION MEMBERS; DECLARING THE
URGENCY THEREOF; AND DECLARING THAT THIS ORDINANCE

SHALL TAKE EFFECT IMMEDIATELY
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, Ordinance No. 2322 was passed and approved by the City Council of the City of Montebello (“City Council”) in 2008, and amended the Montebello Municipal Code requiring that the City Council establish various Commissions to help advise the City; and
WHEREAS, on January 13, 2021, the City Council adopted an Ordinance amending Chapter 2.44 of the City of Montebello Municipal Code relative to the then- existing Traffic and Safety Commission and transforming it into a Traffic and Safety Committee; and
WHEREAS, in March 2023, pursuant to the direction of the City Council, Ordinance No. 2436 was adopted to reinstate the Traffic and Safety Commission (“traffic commission”) in its original form as previously established in the Montebello Municipal Code; and
WHEREAS, the purpose of a traffic commission is to consider matters of traffic safety within the City, evaluate proposals for traffic control devices, evaluate the need for striping, signage or other measures not of a regulatory nature, educate the public on traffic issues and respond to public concerns regarding traffic and pedestrian safety; and WHEREAS, from 2020 to 2020 in California, traffic fatalities increased by approximately 7.6%, alcohol-impaired driving fatalities increased by 16%, motorcycle fatalities increased by 3%, and pedestrian fatalities increased by 9.4%; and WHEREAS, the City desires to update and further define the roles, duties and responsibilities of the Traffic and Safety Commission members so that decisions of the

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URGENCY ORDINANCE NO. 2472

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traffic commission are made and carried out efficiently, properly and in the best interest of the City; and
WHEREAS, the City Council finds that this Urgency Ordinance is necessary to address traffic safety concerns of the residents in the City of Montebello and to ensure that transportation systems are made safe for all road users, for all modes of transportation, in all communities and for people of all incomes, races and ethnicities, ages and abilities, and thereby preserve the public peace, health and safety as a result; and
WHEREAS, California Government Code sections 36934 and 36937 authorize the City Council to take action by Ordinance to take effect immediately for the preservation of the public peace, health or safety when adopted by a four-fifths vote of the City Council.

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 Urgency Ordinance.

SECTION 2. AMENDMENT; ADDITIONS. Chapter 2.44 – Traffic and Safety Commission – of the Montebello Municipal Code is hereby amended and will read as follows (deletions in strikethrough and additions in double underline):

Chapter 2.44 – TRAFFIC AND SAFETY COMMISSION

2.44.010 Created.

There is created a traffic and safety commission (“traffic commission”) for the city as follows which shall be responsible for the performance of the administrative functions delegated and assigned by the provisions of this chapter and as from time to time may be delegated and assigned by ordinance or resolution.

2.44.020 Members - Appointments - Removal.

A. The traffic and safety commission of this city shall consist of five (5) members of the public. Each city council member shall appoint one (1) member to the traffic commission. Members shall be appointed for terms not to exceed four (4) years each; provided, that the city council shall stagger terms of office or portions of terms of office at such times as it shall be deemed necessary, so as to provide continuity in the membership of the traffic commission.

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B. An individual shall be eligible for appointment to the traffic commission as long as he or she has been is a resident within the city for at least one (1) year prior to at the time of his or her appointment and at all times during his or her term. Each member shall serve until his or her successor is appointed and qualified, or until he or she is removed from office, by not less than a majority vote of the total voting membership of the city council, with or without cause.

C. The following designated officers and employees of the city, or their duly authorized deputies or assistants, are hereby appointed and directed to attend and participate in all traffic commission meetings without additional compensation:

1. The City Manager;

2. The Community Development Director;

3. The City Engineer;

4. The Police Chief; and

5. The City Attorney.

2.44.030 Officers.

A. Officers. Each July, tThe traffic commission shall select one of its members as chairperson and one of its members as vice chairperson of the traffic commission for a term, respectively, of one year.

2.44.040 Meetings.

B. Meetings.

A. The traffic commission may normally shall hold at least one regular meeting each calendar month, at such time and place as the secretary of the traffic commission shall designate for the traffic commission. The traffic commission shall adopt such rules as it deems to be necessary for the transaction of its business, and shall keep appropriate records thereof. Each member shall be entitled to receive a notice of every such meeting.

B. Quorum. Three members shall constitute a quorum for the conduct of any business of the traffic and safety commission. All actions or recommendations of the traffic committee commission which are consistent with the powers and duties delegated by the provisions of this chapter or otherwise shall be presumed valid if such actions or recommendations are approved or ratified by any three members thereof.

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C. Absence from Meetings. If any member of the traffic commission shall be absent, without cause, from three successive regular meetings of the traffic commission or for a total of six regular meetings or the traffic commission during a calendar year, without cause, the office of such member shall be deemed to be vacant. The secretary of the traffic commission shall immediately inform the city council of such vacancy.

D. Absence for Cause. An absence due to illness, an unavoidable absence from the city, or provided that written notice thereof is given to the secretary of the traffic commission in advance of such regular meeting, shall be deemed an excusable absence or absence for cause.

2.44.0540 Powers and duties.

The traffic and safety commission of the city shall perform such duties as may be provided for in this code or other applicable law. In addition, the commission shall perform such functions as may be specifically delegated to it from time to time by the city council.

In addition to such powers as may be otherwise specified by the provisions of this chapter or any applicable law, ordinance, or resolution, the traffic commission shall have the following nonexclusive administrative powers, functions, and duties which are hereby delegated and assigned by the city council:

A. To cause to be placed any official traffic control device for the purpose of regulating, warning, or guiding traffic;
B. To cause to be synchronized or otherwise regulated any official traffic control device;
C. To cause to be established and marked any pedestrian safety zone or crosswalk, any traffic or directional lane, any loading, passenger, taxi, or bus zone, or any uniform or approved highway safety marking; D. To cause to be posted or erected any stop sign, yield sign, turning marker or sign, directional sign, or sign prohibiting or regulating the speed, movement, or turning of vehicles;
E. To cause to be posted or erected any sign regulating or prohibiting parking; and F. To cause the removal, relocation, or discontinuance of any of the devices, markings, and signs set forth in subsections (a) through (e) of this section when the factors or conditions which warranted their installation no longer exist except where their installation or continued maintenance is otherwise provided by ordinance or resolution.

2.44.060 Standards for exercising powers and duties.

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The powers, functions, and duties set forth in this chapter shall be exercised or performed only after the traffic commission has determined that such exercise or performance is necessary to prevent or relieve traffic congestion, to insure the orderly and safe movement of vehicular or pedestrian traffic, or to ensure public safety and convenience. In each instance, such determination shall be based upon one or more of the following:

A. Available traffic information or studies;
B. Field observations;
C. Vehicular traffic or pedestrian counts;
D. Established traffic engineering principles and practices; and E. Traffic engineering surveys or studies.

2.44.070 Temporary powers and duties of Police Chief.

Notwithstanding any other provisions of this chapter, the Police Chief shall have the power and authority to temporarily exercise any powers delegated by the provisions of this chapter to the traffic commission when such temporary action shall be necessary to provide for an emergency or for the orderly movement and control of pedestrian or vehicular traffic or vehicle parking or whenever such action is deemed by him or her to be necessary for the protection of life or property or the public safety. All such actions by the Police Chief shall be deemed lawful unless and until superseded by further action of the traffic commission or the city council.

2.44.0850 Compensation standards for exercising powers and duties.

Members of the traffic and safety commission shall be entitled to such compensation as may, by resolution, be determined by the city council.

2.44.090 Work orders.

A. Issuance. Upon the determination that the installation, modification, or removal of any sign, signal, marker, or other device set forth in this article is necessary, the traffic commission shall cause to be issued a written work order which shall be directed to the department or division concerned and shall designate the location and nature of the work to be done, the required completion date, and any other instructions necessary to properly complete or coordinate the work. Such work order shall be presumed valid if signed by any member of the traffic commission after approval or ratification as provided in subsection (B) of Section 2.44.040 of this chapter.

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B. Departmental assistance. It shall be the duty of each person to whom a traffic commission work order is directed to promptly make available the facilities, services, and resources of his or her department to assist in expediting and effectuating the work prescribed in such work order.

C. Notice of completion of work. Promptly upon the completion of the work, the person to whom such order is directed shall notify the traffic commission in writing of the action taken.

2.44.100 Work orders, completion notices, and minute records.

A copy of the minutes of each meeting of the traffic commission, of each work order issued, and of each completion notice shall be filed with the city clerk who shall be responsible for maintaining a suitable system of filing and indexing the same for public reference. Additional copies thereof shall be distributed as, from time to time, may be directed by the city council.

2.44.11060 Capital Improvement Projects
A. Any project or recommendation for the same that is directed or made by the traffic commission that constitutes a “capital improvement project” as defined in this Section shall require the approval of the City Council.

B. For purposes of this section, “capital improvement project” is defined as an infrastructure improvement that is fixed in nature, has an approximate life- expectancy of over 25 years, and requires substantial public financial investment.

Examples include, but are not limited to, large-scale physical developments or maintenance, such as building improvements, street reconstruction, traffic signals, and water main replacement.

2.44.120 Appeals from decision of traffic commission.

A. Any person aggrieved by any decision or action of the traffic and safety commission or any person charged with carrying out the orders of the traffic commission, may appeal the decision of the traffic commission to the council by filing a written letter of appeal with the city clerk not later than fifteen days following the rendering of the decision by the traffic and safety commission, file a written letter of appeal with the city clerk, appealing the decision of the traffic and safety commission to the council; or, the council, may upon motion, determine to review the decision of the traffic and safety commission in the same manner as if an appeal had been filed by a person aggrieved by such a decision.

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B. Upon notification by the clerk of such appeal, the secretary of the traffic and safety commission shall transmit to the clerk of the traffic and safety commission the file with the matter appealed. The clerk shall place the matter on the council's agenda as soon as possible thereafter, and shall give appellant, and any other interested person requesting such notice, ten (10) day's written notice of the time and place of such hearing. The council shall at the time of such hearing, review the matter and, shall affirm, modify or reverse the traffic safety commission's decision. The determination of the council shall be final and conclusive.

2.44.12070 Hearings—Form.

Neither the city traffic and safety commission nor the council shall be required to hold formal noticed public hearings upon matters referred to in this chapter or Title 10 of this code. The city traffic and safety commission and the council shall hear any relevant evidence offered by any interested person, and shall consider the files and any staff report therein included.

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. Declaration of Urgency. This Ordinance is urgently required to provide an immediate solution to traffic safety concerns of the residents of Montebello, to provide updated direction and procedure for the traffic commission, and to clearly define the role and responsibility of a traffic commission member; the traffic commission will make findings and decisions accordingly to ensure that transportation systems are made safe for all road users, for all modes of transportation, in all communities and for people of all incomes, races and ethnicities, ages and abilities, thereby preserving the public peace, health and safety as a result. For these reasons, the establishment of an immediate update and definition of the roles, duties and responsibilities of the Traffic and Safety Commission is necessary to allow the traffic commission to effectively and expeditiously address potential dangers or necessary modifications relating to traffic within the City.

SECTION 5. This Ordinance is an emergency Ordinance duly adopted by the City Council by a vote of at least four (4) of its members and shall take effect immediately pursuant to Government Code sections 36934 and 36937.

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URGENCY ORDINANCE NO. 2472

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APPROVED AND ADOPTED 10TH DAY OF JANUARY 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST:
________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
__________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Urgency Ordinance was adopted by the City Council of the City of Montebello at its meeting held on the 10 th day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________
Christopher Jimenez, City Clerk

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ATTACHMENT B
ORDINANCE NO. 2473

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 2.44 “TRAFFIC
AND SAFETY COMMISSION” OF THE MONTEBELLO MUNICIPAL

CODE TO UPDATE AND DEFINE THE ROLES, DUTIES AND

RESPONSIBILITIES OF COMMISSION MEMBERS
WHEREAS, the City of Montebello (“City”) is a general law city, incorporated under the laws of the State of California, with the power to make and enforce within its jurisdictional limits all local, police, sanitary, land use, and other ordinances and regulations not in conflict with general laws of the state; and WHEREAS, Ordinance No. 2322 was passed and approved by the City Council of the City of Montebello (“City Council”) in 2008, and amended the Montebello Municipal Code requiring that the City Council establish various Commissions to help advise the City; and
WHEREAS, on January 13, 2021, the City Council adopted an Ordinance amending Chapter 2.44 of the City of Montebello Municipal Code relative to the then- existing Traffic and Safety Commission and transforming it into a Traffic and Safety Committee; and
WHEREAS, in March 2023, pursuant to the direction of the City Council, Ordinance No. 2436 was adopted to reinstate the Traffic and Safety Commission (“traffic commission”) in its original form as previously established in the Montebello Municipal Code; and
WHEREAS, the purpose of a traffic commission is to consider matters of traffic safety within the City, evaluate proposals for traffic control devices, evaluate the need for striping, signage or other measures not of a regulatory nature, educate the public on traffic issues and respond to public concerns regarding traffic and pedestrian safety; and WHEREAS, the City desires to update and further define the roles, duties and responsibilities of the Traffic and Safety Commission members so that decisions of the traffic commission are made and carried out efficiently, properly and in the best interest of the City.

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

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ORDINANCE NO. 2473

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

Chapter 2.44 – TRAFFIC AND SAFETY COMMISSION

2.44.010 Created.

2.44.020 Members - Appointments - Removal.

1. The City Manager;

2. The Community Development Director;

3. The City Engineer;

4. The Police Chief; and

5. The City Attorney.

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ORDINANCE NO. 2473

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2.44.030 Officers.

2.44.040 Meetings.

B. Meetings.

2.44.0540 Powers and duties.

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2.44.060 Standards for exercising powers and duties.

2.44.070 Temporary powers and duties of Police Chief.

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to provide for an emergency or for the orderly movement and control of pedestrian or vehicular traffic or vehicle parking or whenever such action is deemed by him or her to be necessary for the protection of life or property or the public safety. All such actions by the Police Chief shall be deemed lawful unless and until superseded by further action of the traffic commission or the city council.

2.44.0850 Compensation standards for exercising powers and duties.

Members of the traffic and safety commission shall be entitled to such compensation as may, by resolution, be determined by the city council.

2.44.090 Work orders.

C. Notice of completion of work. Promptly upon the completion of the work, the person to whom such order is directed shall notify the traffic commission in writing of the action taken.

2.44.100 Work orders, completion notices, and minute records.

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ORDINANCE NO. 2473

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Examples include, but are not limited to, large-scale physical developments or maintenance, such as building improvements, street reconstruction, traffic signals, and water main replacement.

2.44.120 Appeals from decision of traffic commission.

2.44.13070 Hearings—Form.

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.

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ORDINANCE NO. 2473

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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. [Signatures on the following page.]

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ORDINANCE NO. 2473

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PASSED, APPROVED, AND ADOPTED 24TH DAY OF JANUARY 2024. _______________________________
Scarlet Peralta, Mayor
ATTEST:
_______________________________
Christopher Jimenez, City Clerk
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 10th day of January 2024 and was adopted by the City Council of the City of Montebello at its meeting held on the 24 th day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Christopher Jimenez, City Clerk

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ITEM # 9

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: David Sosnowski, Director of Recreation and Community Services

SUBJECT: FIRST READING AND INTRODUCTION OF ORDINANCE NO. 2471 AMENDING MUNICIPAL CODE CHAPTER 12.24 "CONDUCT IN
PUBLIC PARKS"

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Conduct a first reading and introduction of Ordinance No. 2471 (Attachment "A") to amend Municipal Code Chapter 12.24; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

Adoption of the Ordinance will require Recreation and Community Services Department staff to replace current park signage to reflect the new Municipal Code updates. Staff estimates replacement costs to be Six Thousand Dollars ($6,000). There is sufficient funding in the Parks and Recreation Department budget to cover these additional expenses in Fiscal Year 2023-24.

BACKGROUND/DISCUSSION:

If adopted as presented, the attached Ordinance (Attachment “A”) would add sections to the Montebello Municipal Code that would define and regulate smoking, scavenging, solicitation, trespassing, vandalism, reservations, and the use of drugs and alcohol in the City of Montebello’s public parks. The City’s Recreation and Community Services Department, Montebello Police Department and Code Enforcement Division have worked together to identify issues that staff from these respective departments experience on a regular basis while patrolling the City’s public parks.

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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Montebello Municipal Code Chapter 12.24 “Conduct in Public Parks” was last updated in 1993. The Chapter provides rules and regulations for several subject matters, however, the current code does not fully encompass the issues faced and current conditions of the City’s park system. A review of municipal codes in eight (8) neighboring cities (City of Monterey Park, City of Pico Rivera, City of Downey, City of Whittier, City of Commerce, City of Bell Gardens, City of South El Monte, and City of Santa Fe Springs) was conducted by staff and the proposed amendments are consistent with ordinances found in those cities. The proposed ordinance will allow for Recreation and Community Services Department staff, Code Enforcement and Montebello Police Department staff to better monitor the parks and enforce regulations.

ENVIRONMENTAL:

N/A

ANALYSIS:

The proposed changes amend and add to Chapter 12.24 “Conduct in Public Parks” of the Montebello Municipal Code. Amendments are proposed to the existing sections that discuss rubbish, alcoholic beverages, solicitation, vehicles, model airplane flying restrictions, and the power of park employees. The rubbish section will be updated to not allow for the scavenging of rubbish in park trashcans, event trashcans and any trash dumpsters located within the park system. The alcoholic beverages section will be updated to include the prohibition of drugs in any public parks. The vehicles section will be updated to prohibit vehicles from driving on any walkways, trails, or turf at public parks.

The solicitation section will be updated to include the prohibition of solicitation of food and to be compliant, and consistent with, Chapter 5.40 of the Montebello Municipal Code regarding sidewalk vending regulations. The model airplane flying restrictions section was updated to include restrictions on drones and any other unmanned aircraft. Lastly, the power of park employees section was updated to include how violations of the Montebello Municipal Code may be addressed by Recreation and Community Services employees by including a new designated section (12.24.290, “Powers of Park Employees”).

Proposed additions to the Montebello Municipal Code Chapter 12.24 “Conduct in Public Parks,” also include sections that discuss changing/washing in public parks, trespassing, smoking, and park reservations. The changing/washing in public parks section prohibits dressing or undressing in park restrooms or in any area of the park. The trespassing section prohibits trespassing onto restricted areas of the park. The smoking section prohibits smoking of any kind at parks and city-sponsored events unless a specific area is designated for smoking. Lastly, the park reservations section states that park reservations are available to the community, can be made at the Recreation and Community Services Department, and must follow the rules and regulations established for the administration of reservations.

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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SUMMARY:

Staff recommends that the City Council conduct a first reading and introduction of Ordinance No. 2471 (Attachment "A") to amend Municipal Code Chapter 12.24 and take such additional, related action that may be desirable.

ATTACHMENT(S)

1. Attachment A - Draft Ordinance No. 2471

2. Attachment B - Draft Facility Code of Conduct

3. Attachment C - Draft Park Rules Sign

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ATTACHMENT A
ORDINANCE NO. 2471

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA, AMENDING CHAPTER 12.24 OF THE MONTEBELLO MUNICPAL

CODE TO UPDATE PARK RULES AND REGULATIONS
WHEREAS, the City of Montebello is a general law city under California Government Code Section 34102; and
WHEREAS, Article XI, Section 7 of the California Constitution provides that the City of Montebello (“City”) may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and WHEREAS, the Recreation and Community Services Department is responsible for the overall administration, operation, and maintenance of the City’s public parks; and WHEREAS, the City of Montebello is committed to taking a holistic approach to addressing the causes of, as well as deterring, certain public conduct at public parks; and WHEREAS, the City Council desires to amend the Montebello Municipal Code to preserve and protect the public peace, health safety and welfare.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The City Council for the City of Montebello finds and declares the foregoing are true and correct, and incorporates said recitals fully into this Ordinance as substantive findings.

SECTION 2. Chapter 12.24 “Conduct in Public Parks” is hereby amended to read as follows (deletions in Strikethrough and additions in Double Underline):

Chapter 12.24 CONDUCT IN PUBLIC PARKS
Sections:

12.24.010 Regulations for conduct in public parks.

The following rules and regulations shall control the conduct of all persons in or upon public parks located within the city. City employees, in the course and within the scope of performing their duties, are exempt from these rules and regulations.

12.24.020 Definitions
For the purpose of carrying out the intent of this chapter, words, phrases, and terms used herein shall have their ordinary meaning, unless otherwise indicated as follows:

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ORDINANCE NO. 2471

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"Department" means the City of Montebello (city) department of recreation & community services.
"Director" means the director of parks and recreation, or his or her designee. "Public park" means any public facility or structure, areas, buildings, and facilities that are owned, leased, or otherwise controlled by the department, including, but not limited to, parks, athletic fields, tennis courts, golf courses, swimming pools, recreation centers, playgrounds, pavilions, medians, park parking lots and recreational trails.

12.24.0230 Disposal of Rubbish.

No person shall throw, place or dispose of any garbage, refuse, bottles, glass, crockery or cans, rubbish, construction rubbish, garbage, hazardous waste, infectious waste, recyclable materials, or green waste in any place in any public park other than in a receptacle maintained therein for that purpose.

No person shall scavenge or permit to scavenge any refuse, rubbish, construction rubbish, garbage, hazardous waste, infectious waste, recyclable materials or green waste in any place in any public park.

12.24.0340 Dangerous weapons.

A. No person shall have in his or her possession, or under his or her control, care or custody, any gun, revolver, pistol, firearm, simulated firearm, airgun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile. Nor shall any person have in his or her possession, or under his or her control, care or custody, any cartridge, shell, ammunition or device containing any explosive substance designed or intended to be used in or fired from any gun, revolver, pistol or firearm.

B. No person shall fire, discharge, shoot or operate, or assist or participate in the firing, discharging, shooting or operating of any gun, revolver, pistol, firearm, simulated firearm, airgun, air rifle, pellet gun, B-B gun, slingshot or any device designed or intended to discharge or capable of discharging any dangerous missile or object.

C. No person shall have in his or her possession, or under his or her control, care or custody, any switchblade, dirk, icepick, dagger, bow and arrow or any similar instrument or object that can be used to stab or injure others.

12.24.0450 Firecrackers—Fireworks.

No person shall fire or discharge in any public park, any fireworks as the phrase is defined in Section 8.20.010, except when a permit therefor has been issued by the city council.

12.24.0560 Flora.

No person shall remove, destroy, injure, mutilate or cut any tree, plant, shrub, bloom or flower, or any portion thereof, growing in any public park.

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ORDINANCE NO. 2471

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12.24.0670 Turf.

No person shall remove, or deface or destroy, any wood, turf, grass, soil, rock, sand or gravel from any public park.

12.24.0780 Park structures.

No person shall:

A. Damage, deface, disturb or disfigure any building, monument, cage, pen, sign, fence, bench, or any other structure, apparatus or equipment, or property of the city, or any portion thereof located in any public park; B. Mark, write or print on any public park structure or any portion thereof; C. Attach to or remove from any public park facility or structure any sign, card, display, or other similar device, except as may be required or permitted by law.

12.24.0890 Animals.

No person shall bring into any public park any cattle, horse, mule, goat, sheep, swine, dog, cat or any other kind of animal, except that dogs or cats may be permitted in the park if kept on a leash not to exceed six feet under the full control of its owner or person in possession. Service animals are exempt, as defined by the American with Disabilities Act. The owner must be in physical proximity and have full control of the service animal at all times. No person shall wound, kill, catch or attempt to wound, kill or catch, any bird, fowl, fish or other animal located in a public park.

12.24.1090 Solicitation.

No person shall sell or offer for sale any food, goods, wares, services or merchandizse, or distribute or pass out any commercial handbill, in any public park, without first obtaining a permit and identity card pursuant to Chapter 5.04 and/or Chapter

5.40 of the Montebello Municipal Code.

12.24.1010 Alcoholic beverages and Drugs.

No person shall enter, be or remain in any public park while in possession of, transporting, purchasing, selling, giving away, or consuming any alcoholic beverages without first obtaining the advance written approval of the director of parks and recreation.

The sale, serving and/or consumption of alcoholic beverages will only be permitted at city facilities authorized by resolution of the city council and in accordance with approved city policies and procedures. No person shall remain in any public park, or enter the same, while in an intoxicated condition.

No person shall enter, be or remain in any public park while in possession of, transporting, purchasing, selling, giving away, or consuming any drugs and other controlled substances.

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ORDINANCE NO. 2471

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12.24.1120 Overnight camping.

No person shall camp in any public park without first obtaining the permission of the director of parks and recreation.

12.24.1230 Fires.

No person shall light, or cause to be lit, any fire, except in such locations as may be designated by the director of parks and recreation Department Director.

12.24.1340 Swimming.

No person shall swim, wade, bathe in or pollute waters of any fountain, pond, tlake or stream located in any public park.

12.24.1450 Vehicles.

No person shall propel or cause to be propelled any vehicle of any type, cycle or automobile, on any footpath, walkway, trail, or turf in any public park, unless the area is designated for such type of use.

12.24.1560 Park hours.

No person shall enter, loiter or remain in any public park at any time between the hours of ten p.m. and six a.m. of the following day, except when the park facilities are rented to the public and approved by the director of parks and recreation Department Director.

12.24.1670 Picnics.

No person shall hold, conduct or participate in any picnic except in park areas designated for picnics.

12.24.1780 Golf.

No person shall utilize any portion of a public park, excepting the municipal golf course, and ancillary driving range facilities, for the playing or practice of golf.

12.24.1890 Model airplane Unmanned Aircraft flying restrictions.

No person shall operate any drone, model airplane or toy airplane or miniature airplane, or similar unmanned aircraft, which is self-propelled and operated or controlled from the ground by means of remote control without the possibility of direct human intervention from within or on the aircraft one or more wires, cords, strings, or other device attached to the airplane, at any public park, except at a place approved or designated for such purpose by the director of parks and recreation Department Director.

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ORDINANCE NO. 2471

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12.24.19200 Gambling.

No person shall play or bet at or against any game which is played, conducted, dealt or carried on with cards, dice, or other device, for money, chips, shells, credit or any other representative of value, or to maintain or exhibit any gambling table or other instrument of gambling or gaming in any public park.

12.24.2010 Pressurized cans and other containers.

No person shall have in his or her possession in any public park any pressurized can, container, or other receptacle containing a substance commonly known as paint or any substance capable of defacing, damaging or disfiguring park property.

12.24.2120 Glue, adhesive cement and other substances.

No person shall have in his or her possession in any public park any container or receptacle containing glue, adhesive cement, dope, mucilage or any chemical substance capable of producing intoxication, hallucinations or that distorts or disturbs the eyesight, thinking process, balance or coordination of a person, with the intent of becoming intoxicated. For purposes of this section, any condition so induced shall be deemed as an "intoxicated condition."

12.24.2230 Unlawful assembly.

No persons shall assemble together in any public park for the purpose of doing any act of violence or inviting or advising other to do any act of violence or to commit any unlawful act.

12.24.2340 Threatening and inflammatory language.

A. No person shall utter in the presence of hearing of any other person or persons, in or upon any public park, any indecent, obscene, profane, or insulting epithets, words or language for the purpose of threatening or intimidating such other person or persons.

B. No person shall utter in the presence of hearing of any other person or persons, in or upon any public park, any words or language inherently likely to provoke an immediate, violent response from the recipient

12.24.240 Powers of park employees.

The parks and recreation manager, director of parks and recreation, and all public employees in the parks and recreation department are given the power and authority to enforce any violation of this chapter, including the authority to issue citations therefor.

12.24.250 Changing/Washing in Public Parks
No person shall either dress or undress in the washroom or toilets or any area of any public park.

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ORDINANCE NO. 2471

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12.24.260 Trespassing
No person shall trespass or enter upon any portion of any public park restricted against public use, or attempt to climb over any fence or barricade separating such restricted portion of the public park from the part thereof to which the public is admitted.

12.24.270 Smoking Prohibited
Smoking is prohibited inside any public park, recreational area, city-sponsored event, or in an outdoor area within 40 feet from a public park, recreational area, or city-sponsored event unless the area is designated by the city as a smoking area.

Smoking means engaging in an act generating smoke, and includes, but is not limited to, tobacco smoke, electronic cigarette vapors, marijuana smoke, or any other weed, herb, flower or plant.

12.24.280 Public Park Reservations
Public park reservations shall be available year-round to accommodate Montebello residents and user groups for informal or neighborhood gatherings.

Reservations shall be submitted to the Recreation and Community Services Department and are subject to facility usage policies established by the Department Director.

Park reservations and/or permits are required for the following:
•Use of athletic fields by organized teams for activities such as practices, games and tournaments.
•Use of city facilities outside of normal business operating hours. •Picnic shelter reservations to guarantee exclusive use for the day of reservation.
•A Temporary Use Permit is required for special events and outdoor activities pursuant to Chapter 12.16.010.
•Some uses of park space will require further review and special permits pursuant to Chapter 12.17.040.

Facility usage policies, rules and regulations including a Park Facilities Rules of Conduct shall be established by the Director for the administration of this policy and made available to the public on the city website and at the Recreation and Community Services office. Said rules and regulations may be amended periodically to address public safety concerns. All pertinent city ordinances shall be enforced.

All fees and charges may be changed by resolution of the city council.

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ORDINANCE NO. 2471

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12.24.290 Powers of City Employees.

Employees of the Montebello Police Department, Code Enforcement Division, and the parks and recreation manager, director of parks and recreation, and all public employees in the parks and recreation department are given the power and authority to enforce any violation of this chapter, including the authority to issue citations therefor.

Violations of this chapter regulating public conduct in parks may be addressed in the following manner:
•Verbal warning.
•Immediate eviction from the public park. Immediate eviction shall mean removal from the public park, and banishment from any other public park, for the remaining hours of operation for the day of eviction. •Suspension of public park privileges. Suspension of public park privileges shall mean denial of access to all public parks for one or more days. The effective date and length of suspension shall be determined by the Director, depending on the scope and severity of the violation, and notice of such suspension shall be made in writing.
•Criminal sanctions or any other remedy available under local, state, or federal laws.

Any person who was been suspended from a public park for one or more days may appeal the suspension by submitting a written request for appeal prior to the start of the suspension to the Director. The written request for appeal should include the reasons for requesting an appeal and contact information. All appeals shall be heard by the Director, or designee, within 30 business days of the receipt of this request.

The suspension will be tolled during the appeal process. The decision of the Director shall be final.

Section 3: Severability. The City Council declares that, should any provision, section; paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation the remaining provisions, sections, paragraphs, sentences, and words of this Ordinance shall remain in full force and effect.

Section 4: This Ordinance shall take effect thirty (30) days after its adoption.

Section 5: The City Clerk of the City Montebello shall certify to the passage of the Ordinance and shall cause the same to be posted in the manner required by law. [Signatures on the following page]

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ORDINANCE NO. 2471

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APPROVED AND ADOPTED 24TH DAY OF JANUARY 2024.

_______________________________
Scarlet Peralta, Mayor

ATTEST:APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk 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 10th day of January 2024 and was adopted by the City Council of the City of Montebello at its meeting held on the 24 th day of January 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

________________________
Christopher Jimenez, City Clerk

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ATTACHMENT B

CITY OF MONTEBELLO

PARK AND FACILITY CODE OF CONDUCT
In order to maintain a peaceful atmosphere, facilitate usage, preserve easy access to equipment and materials, and protect Park and Facility property, we require you to observe the following Code of Conduct.

Please keep in mind the following:
•Demonstrate common courtesy to fellow participants, community members, and staff.
•Maintain an environment where conflict and differences can be addressed in a respectful manner.
•Help keep Parks and Facilities clean by consuming food and drink in designated areas and throw away trash in the appropriate receptacle. •Please consult with front office staff regarding use of Parks and Facilities, including room reservations, picnic reservations, set-up, and use of equipment. •Proper attire, including shoes and shirts, must be worn at all times.

The following are prohibited at Parks and Facilities:

1. Engaging in any activity prohibited by law;

2. Acts of discrimination and/or harassment based on any of the following protected characteristics: age, sex, race, color, national origin, ancestry, gender, gender identification, sexual orientation, genetic information, marital status, religion, citizenship status, medical condition, military and veteran status, or any disability protected by State or Federal law;

3. Disturbing, disruptive, or unsafe behavior, including any conduct that interferes with the use of Parks and Facilities by others or with the functioning of staff.

Persons who continue to create a disturbance will be required to leave the Park and/or Facility. Examples include, but are not limited to:
oDisruptive outbursts, use of loud, abusive or threatening language, threatening or harassing behavior;
oNo smoking at all Parks and Facilities. Smoking is permitted only in designated areas. (MMC Section 12.24.270);
oThe use of electronic devices without headphones or unauthorized use of amplified sound, such as, radios, music players, video games and computers, that results in discomfort or annoyance to a reasonable person of normal sensitivity;
oDisruptive cellular phone conversations;
oUnauthorized borrowing and/or tampering with another person’s property/belongings.

4. Conducting personal commercial activities without a City-issued permit, including but not limited to the unauthorized sale or display for sale of goods, tickets or services (MMC 12.24.100);

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5. Conducting unauthorized events, demonstrations, or campaigning unless expressly allowed by law (MMC 12.16);

6. Charging personal electronic devices and/or batteries through the use of Park and Facility resources;

7. Damaging Park or Facility property. Persons caught breaking, defacing, or destroying property will be required to leave the Facility and may be criminally prosecuted (MMC 12.24.080);

8. Animals are not allowed in Facilities, with the exception of service animals, as defined by the Americans with Disabilities Act. The owner must be in physical proximity and have full control of the service animal at all times (MMC

12.24.090);

9. Persons exhibiting illness, poor personal hygiene, and/or related conditions that may compromise the health of others may be asked to leave a Park or Facility until the condition is remedied;

10.Dangerous and/or hazardous materials (MMC 12.24.220);

11.Firearms and/or weapons (MMC 12.24.040);

12.Alcoholic beverages and illegal substances (MMC 12.24.110);

13.Photographing, videotaping, or recording of any kind without a permit issued by the City;

14.Engaging in or attempting to engage in any business, activity or act for financial compensation without a permit issued by the City. (MMC 12.24.100).

CONSEQUENCES
Any violation of these Park and Facility Rules or the commission of other illegal conduct in a Park or Facility may be addressed in the following manner (MMC 12.24.290):
•Verbal Warning. (e.g. notification of violation and reference to Rules of Conduct); •Immediate eviction from the Park or Facility. Immediate eviction shall mean removal from the Park or Facility, and banishment from any other Parks and Recreation Facility, for the remaining hours of operation for the day of eviction; •Suspension of Park and Facility privileges. Suspension of Park and Facility Privileges shall mean denial of access to the Park and/or Facility and all Park and Facility services for one or more days. The effective date and length of suspension shall be determined by the Director of Recreation and Community Services, depending upon the scope and severity of the violation, and notice of such suspension shall be made in writing;
•Criminal Sanctions or any other remedy available under local, state, or federal laws.

The above remedies may be cumulatively applied.
•Appeal of Suspension. Anyone who has been suspended from the Park or Facility for one or more days may appeal the suspension by submitting a written request for appeal prior to the start of the suspension to the Director of Recreation and Community Services.

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•The written request for appeal should include the reasons for requesting an appeal and contact information. All appeals shall be heard by the Recreation and Community Services Director, or her designee, within 30 business days of the receipt of the request. The suspension will be tolled during the appeal process.

The decision of the Recreation and Community Services Director shall be final.

The Recreation and Community Services Department reserves the right to modify these rules at any time.

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ATTACHMENT C

CITY OF MONTEBELLO

DEPARTMENT OF PARKS & RECREATION

FACILITY USE POLICIES
(PARK RULES)

1. Alcoholic beverages are not permitted.

The possession or consumption of any alcoholic beverage in a City park is prohibited. No person shall remain in any public park while an intoxicated condition. (MMC 12.24.110)

2. No Littering/Scavenging.

Trash must be placed in proper receptacles and scavenging of trash is prohibited. (MMC 12.24.030)

3. No Smoking.

Smoking is prohibited inside any public park. (MMC 12.24.270)

4. Loud Noise (music, sound equipment, etc.) is prohibited.

Any loud or raucous noise is not allowed in City Parks. (MMC 9.08.020)

5. Dogs & Cats must be kept on a leash. All other animals are prohibited, except for service animals. (MMC 12.24.090)

6. Vending and solicitation without a City of Montebello permit are prohibited. (MMC 12.24.100, 5.04, 5.40)

7. Park are closed from 10:00 p.m. to 6:00 a.m. ( MMC 12.24.160)

8.Propane, gas or other flammables are only permitted in designated outdoor City facilities. (Recreation & Community Services Department Facility Use Policy)

9.Moonbouncers, petting zoo or other mechanical equipment are not allowed on premises without proper authorization. (Recreation & Community Services Department Facility Use Policy)

10.Facility rental requests are to be made in person at the Parks and Recreation Office located at 1700 West Victoria Ave., Montebello, CA 90640. (Recreation & Community Services Department Facility Use Policy) For more information call (323) 887-4540

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ITEM # 10

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Arnold Glasman, City Attorney

SUBJECT: WAIVE THE SECOND READING AND ADOPT ORDINANCE NO. 2470

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" (PREVIOUSLY LISTED AS
ORDINANCE NO. 2467)

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Waive Second Reading and Adopt Ordinance No. 2470 (Attachment “A”) to add the new City of Montebello logo and its variations to Municipal Code Section

1.16.010 (previously listed as Ordinance No. 2467); 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

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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use of the City’s letterhead, and Montebello Fire Department’s, Montebello Police 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. 2470 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.

On November 8, 2023, the City Council introduced and waived the first reading of Ordinance No. 2470. The Mayor directed staff to remove the word "Elevate" from the City logo; the motion was approved by a majority vote and one abstention.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

City staff recommends that the City Council waive the Second Reading and Adopt Ordinance No. 2470(Attachment “A”) to add the new City of Montebello logo and its variations to Municipal Code Section 1.16.010.

ATTACHMENT(S)

1. Attachment A - Ordinance No. 2470 - Adopting New City Logo

NEXT STEPS:

N/A

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ORDINANCE NO. 2470

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

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ORDINANCE NO. 2470

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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. [Signatures on the following page]

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ORDINANCE NO. 2470

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ATTEST:
_______________________________
Christopher Jimenez, City Clerk
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 8th day of November, 2023, and was adopted by the City Council of the City of Montebello at its meeting held on the 10th day of January, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Scarlet Peralta, Mayor
APPROVED AS TO FORM:
_______________________________
Arnold M. Alvarez-Glasman, City Attorney
PASSED, APPROVED, AND ADOPTED 10TH DAY OF JANUARY 2024. _____________________________
Christopher Jimenez, City Clerk

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ITEM # 11

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
Paul Espinosa, Police Chief

SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENTS FOR PRE-

EMPLOYMENT BACKGROUND INVESTIGATION SERVICES

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Agreement No. 4170 with Gallatin Investigations, LLC (Gallatin) in an amount that shall not exceed $150,000; and

2. Approve Agreement No. 4168 with Travis Investigations (Travis) in an amount that shall not exceed $225,000; and

3. Approve Agreement No. 4169 with TruView BSI, LLC (TruView) in an amount that shall not exceed $225,000; and

4. Take such additional, related action that may be desirable.

FISCAL IMPACT:

If approved, Staff will be authorized to purchase items/services as detailed in the RFP through December 31, 2026. The following list provides details regarding each of the associated agreements:

Consultant Effective Date -
June 30, 2024
July 1, 2024 -
June 30, 2025
July 1, 2025 -
June 30, 2026
July 1, 2026 -
December 31,
2026
Initial Total
{1}
Gallatin
Investigations
$25,000 $50,000 $50,000 $25,000 $150,000
Travis
Investigations
$37,500 $75,000 $75,000 $37,500 $225,000

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{1} The table does not include extension options for the period covering January 1, 2027, through December 31, 2028. {2} The annual compensation amount does not include the $25,000 contingency.

The annual expenditure amounts have been established to coincide with the City's fiscal year start/end dates. As a result, the first-year amounts (i.e., remaining Fiscal Year 2023- 24) are adjusted to six (6) months or fifty (50) percent of the total estimated annual compensation amount. Starting in Fiscal Year 2024-25, the total yearly compensation amount will be available.

The annual amounts were determined by analyzing multiple years of actual expenditures related to pre-employment background investigation services and projected future needs.

The adopted budget for Fiscal Year 2023-24 includes funding for pre-employment background investigation services in the Police, Fire and Human Resources Departments. These budgets were developed in consultation with Police, Fire, and Human Resources to determine reasonable and estimated annual expenditure amounts.

Therefore, it is not anticipated that a budget adjustment would be needed for FY 2023-

24. Future budgets will be developed utilizing the estimated amounts in the table above.

All agreements will have an initial term through December 31, 2026, and include two (2), one (1) year extension options for a maximum term through December 31, 2028. Each agreement also consists of an annual contingency amount of $25,000 with the authorization of the City Manager. The contingency has been established to address any unforeseen demand for services, such as expediting pre-employment background investigations for public safety personnel as the City seeks to fill critical vacancies in Police and Fire.

Services associated with these agreements will be used on an as-needed basis. The availability of funds will be verified, and a purchase order will be generated with sufficient funds encumbered for the expense. The Department of Finance will track the encumbrances and costs of each agreement.

BACKGROUND/DISCUSSION:

On Thursday, September 28, 2023, the City issued a Request for Proposals (RFP) for Pre-Employment Background Investigation Services (Attachment A). The RFP was posted on PlanetBids, and notices were emailed to several prospective bidders nationwide. In addition, print advertising in local media sources was used to advertise the solicitation. The RFP closed on Thursday, October 26, 2023, with eight (8) responses.

The following is a list of the bidders who responded and their locations (in alphabetical order):
• Gallatin Investigations, Huntington Beach
• JL Group, Laguna Niguel
• Norman A. Traub & Associates, Westlake Village
TruView BSI $37,500 $75,000 $75,000 $37,500 $225,000
Annual
Contingency {2}
$25,000.00

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• Prestigious Investigative Services, Upland
• Professional Polygraphs & Backgrounds, Lake Forest
• Reveal Background Check, Shreveport (Louisiana)
• Travis Investigations, Long Beach
• TruView BSI, Arcadia
After receiving the responses to the RFP, an evaluation committee was formed to review each proposal submission. The evaluation committee consisted of Fire, Human Resources, and Police staff. The responses were evaluated based on the following criteria:
• Qualifications (50 points)
• Reputation/Reference Checks (30 points)
• Proposed Fees/Cost (20 points)

Upon completion of the evaluations, Staff recommends awarding agreements to the three (3) top-scoring/rated vendors (in alphabetical order):
• Gallatin
• Travis
• TruView

Staff has decided to award multiple agreements through this opportunity to ensure the availability of services when needed. Given the length of time and complexity of background investigations for public safety personnel, and the desire to fill vacancies as quickly as possible, having multiple vendors from which to choose will assist staff.

The proposals submitted by the service providers mentioned above were the most comprehensive and demonstrated an ability to provide the services required by the City.

It is recommended that City Council authorize approval of agreements with the listed consultants.

The proposals that were not selected did not fully meet the City's requirements. In addition, some consultants needed more experience in providing services in the public sector and/or did not have a thorough understanding of the pre-employment background investigation requirements. Although the proposals were not selected, each consultant's contact information will be retained in the vendor management database to ensure they receive other solicitations for services in the future.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

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SUMMARY:

Staff recommends approving professional service agreements with Gallatin (Agreement No. 4170), Travis (Agreement No. 4168), and TruView (Agreement No. 4169). If approved, the agreements will allow the use of background investigation services for pre-employment purposes, in accordance with the terms, conditions, and pricing identified in the associated RFP.

ATTACHMENT(S)

1. Attachment A - RFP 24-6 - BG Investigations (Complete)

2. Attachment B - Agr. No. 4170 - Gallatin Investigations (Signed by Consultant)

3. Attachment C - Agr. No. 4168 - Travis Investigations (Signed by Consultant)

4. Attachment D - Agr. No. 4169 - TruView BSI (Signed by Consultant)

NEXT STEPS:

N/A

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1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 6
Pre-Employment Background Investigation Services
Release Date: Friday, September 29, 2023
Due Date: Thursday, October 26, 2023, at 11 a.m. PDT

ATTACHMENT A

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2 (THIS PAGE INTENTIONALLY LEFT BLANK)

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3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals ( “RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described . Only proposals that adhere to the requirements will be evaluated. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to e nter into a Professional Servi ces Agreement based on the specif ications outlined in this RFP.

DATE OF SOLICITATION
September 29, 2023

PROJECT
Pre-Employment Background Investigation Services

PROPOSAL OWNER
City of Montebello – Department of Finance/Information Technology 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance/Information Technology Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Department of Finance/Information Technology 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Micah Herd, Senior Management Analyst
Contact Phone: (323) 887- 1200
Contact E-Mail: [email protected]

Any questions about this RF P should be subm itted via the City's PlanetBids Portal by Wednesday, October 11, 2023, at 11:00 a.m. P DT. Prospective consultants must register their business wi th PlanetBids before being able t o view or submit a re sponse.

To access the City's PlanetBids Portal, please go to:

https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

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4 Table of Contents Page

1.0 Notice Inviting Proposals 5

2.0 Introduction/About the City of Montebello 6

3.0 Timeline 6

4.0 Purpose 6

5.0 Scope of Work/Services 7

6.0 Proposal Submittal 11

7.0 Evaluation of Proposal 11

8.0 Proposal Protests 12

9.0 Execution of Agreement 13

10.0 Insurance 14

11.0 Use of Federal Funds 16

12.0 Non-Commitment of City 17

13.0 Labor Requirements 17

14.0 Records 17

15.0 Subcontractors 17

16.0 Modifications/Changes 18

17.0 Disclosure of Information 18

18.0 Ex-Parte Communications 18

19.0 City of Montebello Rights 18

Appendix A – Proposal Content and Format
Appendix B – References (Complete and return with proposal) Appendix C – Sample Professional Services Agreement

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5 1.0 Notice Inviting Proposals
The Cit y of Montebello seeks proposals from qualified consultants to provide pre - employment background investigations for various positions following the specifications, terms, and conditions ident ified in this RFP . Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:

https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

Prospective consultants must register with PlanetBids before being able to view or submit a response.

Questions must be submitted by Wednesday, October 11, 2023, at 11:00 a.m. PDT.

*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****

Proposals must be submitted via Pla netBids by Thursday, October 26, 2023, at 11:00 a.m. PDT.

Responses to this RFP will be evaluated to determine the consultant that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described in the RFP.

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6 2.0 Introduction
The City of Montebello invites prospective consultants to submit a proposal to provide pre-employment background investigation services.

The City’s Police and Fir e Departments are full-service and respond to all e mergency and non-emergency calls for service within city limits. The proposed budget for Fiscal Year 2023 – 24 includes app roximately $37 million for Police and Fire services .

Included in the budge t is s ufficient funding for approximately 190 full-time equivalent positions for these departments. Some of these positions are currently unfilled. In the near future, the City anti cipates engaging in a campaign to fill most of the vacan t positions.

The City currently outsources background investigations to consultants under a Professional Services Agreement. The current consultants conduct all pre-employment background investigation services under the direct ion of the Department of Human Resources and the hiring department.

It is anticipate d that the City will require approximately th irty (30) to f orty (40) background investigations annually.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximat ely 63,000 residents. It ho sts a mix of various indus tries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.

3.0 Timeline
• Release RFP Friday, September 29, 2023
• Online Q&A Deadline Wednesday, October 11, 2023,11 a.m. PDT • Deadline to Submit Responses Thursday, October 26, 2023, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2023
• Interviews TBD (If Necessary)
• Notifications Sent to Consultants Late November 2023 • Award Early December 2023

4.0 Purpose
The purpose of this solicitation is to identify a qu alified consultant(s) to pro vide pre - employment background investigations services. These services are primarily required

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7 for positions within the Police and Fire Departments in accordance with their hiring practices; however, positions within other City departments may require services.

The City is seeking to establish an agreement with a minimum term of two (2) years with up to three (3) , one (1 ) year extension option s for a total of up to five (5 ) years. This requirement may cha nge during the process of finalizing the agreement with the selected consultants.

5.0 Scope of Work/Services
The City of Montebello is seeking the services of a consultant(s) to conduct background investigations as part of the pre -employment screening proce ss for various positions.

The positions screened through this process are primarily within the City's Police and Fire Departments. The City may occasionally request limited/modified pre-employment screenings for other positions, as needed and in compliance with governing policies and procedures.

The City may choose to award multiple consultants to create a bench through this solicitation. By doing this, the City hopes to have s ufficient consultants available to effectively manage the anticipated workload.

The City will provide templates for the applicants' Personal History Statement (PHS), Pre-Employment Background Questionnaire (PEBQ), Polygraph Questionnaire (Police applicants only) , waivers and releases , and any other required documents. Before conducting services, consult ants should revi ew these document s with Ci ty staff to ensure they follow governing policies and procedures and are free of any errors that might compromise the process.

At the start of each investigatio n, consultant s shall designate a point of contact to communicate with the City’s designated p oint of contact throughout the investigation(s) and notify of any information that would immediately disqualify the applican t from employment. If this occurs, the Consultant will cease the investigation until the City provides further guida nce. They should also be prepared to pro-rate the cost of the investigation accordingly based on the tasks completed.

The following is a summary of tasks associated with the investigation process:

• Consultants will c onduct an in -person interview with each applicant and provi de written documentation regarding findings.

• Obtain a copy of the applicant’s proof of eligibility to work in the United States and include a copy of with report.

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8 • Obtain documentation for age verification for position specific employment which requires applicants to at least 21 years of age at the time of employment. Provide a copy with report.

• Perform criminal records inquiries for each applicant (mail inquiries should be sent to every City, county, and college law enforcement agency where the applicant lived, worked, and attended college). Any returns received after the file has been submitted to City shall be returned to City for inclusion.

• Perform reference inquiries for each applicant (all reference s listed on PHS and any secondary references ide ntified by the investigator). Three (3) documented attempts shall be made. Mail inquiries should be sent after three (3) failed phone contact attempts. Any returns received after the file has been submitted t o City shall be returned to:

City of Montebello
Attn: Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640

These documents will be maintained in the investigation file.

• Perform residence/neighborhood inquiries/verification for each appli cant for all locations the applicant has lived in over the past ten (10) years. Mail inquiries are to be sent to res idences where th e applicant l ived from the age of fifteen (15) forward o r a maximum of ten (10) years from the date of the pre -employment background investigation. Any returns received after the file has been submitted to City shall be returned to the City for inclusion in the file.

• Perform agency checks for each applicant (m ail inquiries to all agencies where the applicant ha s previously applied). An in -person review of the applicant's background file, if available, as reported by the agen cy through mail inquiry return, is to be completed. Due to the time it takes to receive mail inquiry returns, the investigator should contac t by telephone those agencies where the applicant advised there was a background investigation started or completed. Any returns received after the file has been submitted to the City shal l be returned to the City for inclusion in the file.

• Perform emplo yment checks for each applicant. Employment checks include interviewing coworkers and supervisors /managers from curr ent and past employment (in-person checks are required for employment ov er the last three

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9 (3) years, and mail inquiries are sufficient for a ll others) and reviewing personnel files, if available, with follow-up documentation filed.

• Conduct interviews and reference checks of relatives, personal friends, and other provided references including secondary references obtained from original list provided by applicant.

• Review of legal, DMV, education, and m ilitary documents for verification (some provided by the applicant and others provided by the agency).

Police Pre-Employment Background Investigation (Sworn and Civilian Positions) For background investigations involving candidates for sw orn and civilian positions within the Police Depa rtment, consultants mus t conduct comprehensive investigations that adhere to the guidelines established by the California Commission on Peace Officer Standards and Training (POST). Selected consultants are r equired to stay apprised of changing POST guidelines, recommendations, a nd requirements by accessing the POST manual online website at:

https://post.ca.gov/background-investigation-manual-guidelines-for-the-investigator

Consultants are expected to notify designated Human Resource s and Police Department staff of any mandated changes to the process.

In addition to the task s pr eviously mentioned, this type of investigation will require coordination with the City ’s pol ygraph examination to schedule appointments/obtain results and compile a listing and photographs of tattoos and piercings.

An eight (8) to t en (10) week turnaround time is expected for e ach Police Department background investigation; however, extensions may be allowed upon authorizatio n by a designated City representative.

Fire Pre-employment Background Investigations
Pre-employment background investigations for Fire Department applica nts will primarily adhere to the same require ments as Police Depa rtment applicants with some exceptions to the process . Fire Department applica nts will not require a pol ygraph examination and documentation regarding tattoos and piercings.

A four (4 ) to six (6) week turnaround time is expected for e ach Fire Department background investigation; however, extensions may be allowed upon authorizatio n by a designated City representative.

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10 Documentation/Deliverables
Upon completion of backgr ound checks, the c onsultant i s expected to provide an executive summary for each applicant, following the format established by the City that includes the following categories:

• Personal History Statement
• Education History
• References (General, Employment, and Resident/Neighbors) • List of Agencies Applied To (Police and Fire Applicants Only) • List of Residences
• Employment History
• Financial/Credit History and Responsibility
• Legal, Polygraph Exam Results (Police Only)
• DMV/Driver’s History
• Social Media Content
• Tattoos and Piercing Notifications (Photos, Location)(Police Only)

In additi on to the executive summary, the Consultant should provide any relevant attachments and backup documents.

The City must receive at least one (1) physical copy of the background investigation but also have the option of receiving an electronic copy (PDF file). Background packets are expected to be delivered using agreed -upon format dividers. Documents shall be in order as provi ded by the City, and all page s, except for divider pages, should be numbered. The completed background file for each applicant shall be forwarded to the City’s Department of Human Resources or designated point of contact.

Consultants must provide mont hly updates which list the cases being handled and its status (e.g., name of applicant, position applied for, date investigation started, and notes regarding any missing do cument/in-progress tasks). This update should be emailed to the City’s Department of Human Resources or designated point of contact.

Consultants and all employees with access to City ba ckground investigation packets/files may be required to sign a confidentiality agreement provided by the City.

Expedited Services
On occasion, the City may require expedite d background investigations for Police an d Fire applicants. Upon acknowledging receipt of an expedited service request , consultants must complete the process within four (4) weeks. As part of the response to this solicitation , pro posers should detail their capability to provide expedited services and any associated fees.

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11 Qualifications
For the service, the City is seeking consultants with the following minimum qualifications:

• Familiarity with all aspects of POST compliant background investigations including completing thorough interviews of candidates and references, collecting and compiling relevant documents, completing all related categories within the background packet/process, and producing a completed background within a timely manner.
• Investigators must be an employee of the Consultant and licensed as required.

• Minimum five (5) years of experience completing similar work for public agencie s in the State of California.

• Demonstrate satisfactory communication skills, including but not limited to report preparation, interviews, and completed background investigation.

6.0 Proposal submittal
Please review Ap pendix A - Proposal Fo rmat and Content , attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested informat ion may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time-stamped after the deadline will not be accepted. Consultants planning to submit responses to this requ est are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.

7.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi-step method which will include the following steps:

A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.

B. Proposal Evaluati on - In the second part of this process, the evaluation committee will review and rate proposals based on the following:

i. Qualifications as they relate to this project (50%)

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12 a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Knowledge of the City of Montebello
d. Experience of personnel assigned to the work
e. Communication Skills

ii. Reputation for integrity and competence (30%)
a. Positive Reference Checks
b. Work Samples

iii. Proposed fees for services (20%)

Interviews
If necessary, the City may require the top-rated proposers to participate in an interview process. The City will notify proposers selected for the interview via email to schedule a date and time. As part of the interview process, proposers may be required to provide sample backgrounds reports to demonstrate work quality. For any sample report(s) submitted for the City’s review, the report should identify a fictitious individual.

8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, certain steps must be followed:

A. The protest must be submitt ed in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protes ts must be filed with the Director of Finance for determination. Protest must be subm itted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640

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13 or

E-mail:
[email protected]

B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City r eserves the right not t o implement the propos ed remedy but to offer alt ernative solutions where applicable.

C. Where appropriate, the City will hold an informal confe rence on the merits of a protest with all interested parties allowed to attend. Intereste d p arties may include a ll proposers, subcontr actors, or suppliers, prov ided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:

• The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.

The City will respond in writing within ten (10) wo rking days after receipt of a properly filed protest. The Director of Finance will respon d and include a response to each substantive issue raised in the protest.

After the exhaustio n of administrative rem edies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a pr oposal opening must be f iled within three (3) working days after the pro posal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.

9.0 Execution of Agreement
The resulting agreement ( see attached sample Appendi x C) shall be signed by the successful Consultant and returned within the required insurance wit hin ten (10) business days after the City has pr ovided written notice that the C onsultant has been

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14 awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the in surance requirements and indemnification clause in the attach ed sample agreement.

Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.

10.0 Insurance
The Consultant selected must meet the f ollowing minimum insuran ce requirements upon execution of the City’s Professional Services Agreement:

A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage s cope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, in cluding premise -operations, products -completed, broad form property damage, blanket contractual liability, independent cont ractors, personal injury or bodily injury, and advertising in jury with limits no less than $2,000,000 per occurrence. If a general ag gregate limit applies, the limit shall be twice the required occurrence limit.

If requested, the "City of Montebello, it s officials, employees, and agents" must be separately endors ed to the policy as addi tional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform serv ices, the Firm must subm it a written request for a waiver of this requirement.

C. Professional Liability or Errors and Omissions
Depending on the work or services to b e performed, professional l iability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 a ggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

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15 D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not les s than $1,000,000 per accident for bodily injury or disease.

Required Insurance Documentation

Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

Endorsements (if requested)
In addition to the Certificate of Insur ance, the vendor must pr ovide the following endorsements:

Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its official s, employees, and agents" must be endorsed to the vendor’s ge neral liability policy a s well as the auto liability policy as additiona l insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior wr itten notice of cancellatio n (ten (10) days for cancellation due to nonpayment of premium is acceptable).

Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non-contributing basis with any insurance or self- insurance, primary or excess, maintaine d by or available to the Ci ty or its officials, employees, and agents.

Waiver and Modifications of Insurance Requirements
To the extent permitted by law, the City may modify these insurance requirements at any time and at its sole discretion.

In ge neral, any contract deemed sole source, professional/professional services,

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16 involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insuranc e r equirements. Any revi sions to the insurance requirements will be iden tified within the associated service contract terms and conditions.

Consultants may request a waiver or modification of these insurance requirements.

Waiver or modification requests must be submitted in wr iting. The request sh ould state the specific ins urance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case-by- case basis, and the decis ion will ultimately depe nd on the scope of se rvices. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

11.0 Use of Federal Funds
The City may elect to use funding from Fede ral sources for a portio n of or all expenses related to this project. Th e United States Federal Government requires purchases of items and services to meet specific standards when using Federal f unds, including grants, cooperative agreements, contracts, an d Federal funds "passed -through" to the City from a non-Federal entity (i.e., sub-recipient agreements). These requirements are codified under the Code of Federal Regu lation's (CFR) Title 2, Subt itle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.

The following standards apply to all purchases of items and services using Federal funds:

• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U .S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transacti ons must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history

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17 In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code C hapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.

12.0 Non-Commitment of City
While the City intends to select a Consultant thr ough this process, th is intention is subject to change at any time during the process. The City does not commit to awarding an agreement, payin g any costs incurred in prep aring the proposal for this request, and/or procuring or contracting any items or services.

13.0 Labor Requirements

A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant and, as such, shall be warrant ed to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant shall not allow an y person(s) under the influe nce of alcohol or drugs on the premises or in the building. Neither shall the Consult ant allow the use of or presence of alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Consultant shall not engage in discrimination in the employment of persons because of race, color, national origin, a ncestry, mental/physical disabilities, sex, or religion of such persons.

D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, diso rderly, and troublesome, und er the influence of alcohol and drugs, which fails or otherwi se refuses to perform th e work properly and acceptably or is otherwise o bjectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.

14.0 Records
The Consultant agrees to permit the City Manager or designee access to re cords, reports, files, and other papers or prope rty of the Consultant to audit any performance aspect under this agreement.

15.0 Subcontractors
The Consultant shall be responsible for all work performed under the final agreeme nt and shall keep all work under their control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall

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18 be under the di rect supervision of the Consultant and shall be considered as their employees. Any approved subcontractors must provide insurance ind emnifying the City with limits at or exceeding the limits of the Contractor's insurance.

16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be neces sary during the agreement term. Changes in th e agreement requirements an d corresponding changes in compensation may be implemented upon mutual understanding between the City and the Consultant. These changes will be processed by the City Manager.

17.0 Disclosure of Information

A. The Consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confiden tial business information of th e City, including but not limited to its costs, charges, oper ating procedures, or methods of doing busines s to any person, vendor, co rporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior writt en consent of the City. Such confidential or proprietary info rmation received by the Consultant shall be u sed exclusively in connecti on with the performance of services.

B. The Consultant shall not issue or release for publica tion any articles, advertising, or publicity matters relating to the services performed by t he Consultant hereunder or mentioning or impl ying the name of the City o r its respective personnel without the prior written consent of the City.

18.0 Ex-Parte Communications
Consultants and their representatives should not engage in unauthorized communications with elected officials, officers, employe es, or agents of the Ci ty about this RFP. This requirement als o includes any evaluation panel member, except for designated RFP facilitators. Thi s requirement remains in effect until after award notifications have been made.

This restriction does not proh ibit consultants and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.

19.0 City of Montebello Rights
At its discretion, the City reserves the right to:

A. Reject any and/or all p roposals for no reason or any reason including, but not limited to, the following:

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19 i. The proposal is incomplete, no n-responsive, obscure, irregul ar, or lacking necessary detail and specificity.
ii. The Consultant, in the sole judgme nt of the City, lacks the q ualifications, experience, and/or responsibility necessary to provide the services. iii. The Consultant failed or neglected to complete and submit an y information within the time specified by the City and as may be otherwise required herein.

B. Reject any propo sal that, in the opinio n of the City, is so unbalanced in comparison to other proposals received and/or to the City ’s internal estimates that it does not accurately reflect the cost to perform;

C. Accept all or any part of a proposal;

D. Make multiple awards;

E. Cancel the entire RFP;

F. Issue subsequent RFPs; or

G. Waive any errors or informalities in any proposal to the extent law permits.

Please review:

Appendix A – Proposal Content and Format
Appendix B – References (Complete and return with proposal) Appendix C – Sample Professional Services Agreement

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City of Montebello
Background Investigation Services
RFP No. 24 – 6
Appendix A – Proposal Content and Format

Proposal Content
Consultants shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting proposals, which contain at a minimum the following information:

1. Letter of Interest - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the vendor's availability to dedicate time, personnel, and resources to this effort. The letter of interest must include a commitment to the availability of the vendor and all key project staff during the pla nning period and a proposed schedule designed to meet the City's needs for the project.

2. Project Understanding and Approach - Please include a statement demonstrating your understanding of the proposed project. Describe your general approach to completing the project successfully, methodologies and technologies you would employ, key milestones and processes you would employ. D escribe what information you would expect the City to supply.

3. Relevant Experience - Please include information describing your experience providing similar services for public agencies. Provide a minimum of three (3) specific examples of relevant experience. At a minimum, the vendor should provide a list of the most recent projects (i.e., completed within the last five (5) years is preferred, but samples outside of this timeframe will be accepted if relevant) for which the consultant has performed similar services of similar size, scope, and complexity.

Using Appendix B – References, please provide details regarding each reference. This should include the name, contact person, address, phone number, and e-mail address of each party for whom the service was provided, as well as a description of the service performed, the dollar amount of the contract, and the date of performance. The City may contact the individual listed at its discretion.

Resumes may also be included in this section for any key staff associated with project.

4. Proposed Scope of Services - Please provide a proposed Scope of Services, based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work. Provide a realistic working schedule with key deliverables, milestones, and tasks.

5. Conflict of Interest Statement – The vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the vendor does not have any such conflicts, a statement declaring such should be included in their submission.

6. Cost Proposal – Cost proposal should include the following:

Total All-Inclusive Not-To-Exceed Maximum Price: T he cost proposal should contain all pricing information relative to performing the scope of work as described in this request

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for proposals. The total all-inclusive maximum not-to-exceed price is to contain all direct and indirect costs, including all o ut-of-pocket expenses. Provide a budget for each significant milestone for the entire scope of services. The proposed budget should be inclusive of all meetings, conference calls, site visits and deliverables. The budget should include a list of anticipated reimbursable expenses with rates charged for each.

Component Costs: Include separate schedules of all fees and expenses for each of the work tasks and deliverables described in this RFP. These schedules should include hourly rates and number of hours a nticipated for each staff level; as well as out -of-pocket expenses such as travel and transportation, meals, communications, and duplication costs. The total of these separate schedules should have a direct relationship to the total all-inclusive maximum price.

Rates for Additional Services: If it should become necessary for the City to request the successful vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Consultant. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

All proposals must be submitted using the PlanetBids Portal by Thursday, November 2, 2023, at 11:00 AM PDT. It is highly encouraged that proposals are submitted ahead of the deadline to avoid any technical difficulties that might be encountered while using the portal.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Responses shall not exceed thirty (30) pages when printed on 8-½ -inch by 11-inch paper. Font Times New Roman Font (preferred), 12pt font s ize. The t hirty (30) page-requirement does not include cover letter/letter of transmittal, or any items included as additional attachments.

Proposals should also include the following:

1. Title Page showing the request for proposals subject; the vendor’s na me; the name, address, email and telephone number of the contact person; and the date of the proposal.

2. Table of Contents identifying the items/section listed in the “Proposal Content” section of this RFP.

3. Detailed proposal following the order set forth in the "Proposal Content" of this RFP.

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City of Montebello
RFP 24 - 6
Pre-Employment Background Investigation Services
Appendix B – REFERNCES

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

Entity Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Project

Date of Service

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ATTACHMENT B

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ATTACHMENT C

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ATTACHMENT D

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ITEM # 12

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: Raul Alvarez, City Manager

BY: Michael Solorza, Director of Finance
Paul Espinosa, Police Chief

SUBJECT: REQUEST TO INCREASE ANNUAL BLANKET PURCHASE ORDER AMOUNT WITH CDW-G FOR FISCAL YEAR 2023-24 FOR PURCHASE

OF CRITICAL PUBLIC SAFETY HARDWARE

DATE: January 10, 2024

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize increasing the annual blanket purchase order amount with CDW-G from $50,000 to $175,000 during Fiscal Year 2023-24; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

On June 14, 2023, the City Council authorized purchases from CDW-G via a blanket purchase order up to $50,000. This action allows staff to purchase various information technology hardware and software from a reputable vendor at reduced government rates. Staff across all departments have utilized the blanket purchase order process to acquire various hardware and software for daily operations.

Recently, the Police Department identified the need to replace several of its in-patrol car computers (i.e., Mobile Digital Communicator, MDC) due to end-of-life and necessary upgrade requirements. Staff has found pricing and availability utilizing CDW-G, and will make MDC purchases for approximately $91,000. Adding these critical Police Department MDC purchases to the existing blanket purchase order amount, it has been determined that the approved amount should be increased to $175,000 for the remainder of the current fiscal year.

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

Page 2 of 3 ends

This amount will also provide additional funding for an anticipated second phase of MDC purchases by the end of the current fiscal year for newly acquired patrol vehicles that are replacing aging and worn older model patrol vehicles. In addition, the City’s Code Enforcement Officers will be outfitted with toughbooks in order to maximize the amount of time they are in the field by providing technology that will allow them to file reports, check email and perform other business functions without having to report back to City Hall.

The Police Department related MDC purchases will be funded utilizing asset forfeiture funds. The FY 2023-24 budget already includes appropriations in this special fund for these expenses. Therefore, a budget amendment is not needed as part of the action increasing the total blanket purchase order amount.

BACKGROUND/DISCUSSION:

As a member of multiple cooperative purchasing networks, the City can access publicly vetted agreements for various items and services. On June 14, 2023, a staff report was submitted to the City Council requesting authorization of blanket purchase orders with vendors that are used regularly city-wide. This list includes Amazon, CDW-G, Dell Computers, Home Depot, and Office Depot. Under Montebello Municipal Code Chapter

3.20.050(F), Piggybacking Purchase, the City can establish purchase orders with these vendors using the same terms and conditions.

Since the beginning of the Fiscal Year, the City has engaged with the sales team from CDW-G to acquire several critical technology products for use by the Police Department (i.e., MDCs) and is planning to purchase toughbooks for its Code Enforcement Officers as well as a second round of MDCs for newly acquired Police patrol vehicles. As a result of these increased hardware needs, staff anticipates the blanket purchase order amount originally approved by City Council will be exceeded before the end of the fiscal year. To ensure sufficient funds are available for all City departments, especially Police and Code Enforcement, it is requested that City Council authorize increasing the blanket purchase order amount from $50,000 to $175,000.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

To ensure sufficient funds are available for related public safety purchases from CDW- G, the blanket purchase order amount is requested to be increased from $50,000 to $175,000 for FY 2023-24.

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CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 10, 2024

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ATTACHMENT(S)

1. Attachment A - CDWG Contract No. R210401

2. Attachment B - CDWG Contract No. R210401 Renewal (thru 2025)

3. Attachment C - SR - Blanket POs FY 23-24 - 06.14.2023

NEXT STEPS:

N/A

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Region 4 ESC
Contract # R210401
for
Technology Solutions, Products, and Services
with
CD
W Government LLC
Effec
tive: June 1, 2021

ATTACHMENT A

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The following documents comprise the executed contract between the Region 4 Education Service Center and CDW Government LLC, effective June 1, 2021:

I. Appendix A; Supplier Contract
II. Offer & Contract Signature Form
III. Supplier’s Response to the RFP, incorporated by reference

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7145 West Tidwell Road ~ Houston, Texas 77092
(713)-462-7708
www.esc4.net

NOTICE TO OFFEROR
ADDENDUM NO. 1
Solicitation Number 21-04
Request for Proposal (“RFP”)
by
Region 4 Education Service Center (“ESC”)
for
Technology Solutions, Products and Services
SUBMITTAL DEADLINE: Tuesday, January 19, 2021 @ 10:00 AM CST This Addendum No. 1 amends the Request for Proposals (RFP) for Technology Solutions, Products and Services 21-04 (“Addendum”). To the extent of any discrepancy between the original RFP and this Addendum, this Addendum shall prevail.

This Addendum No. 1 is hereby issued to address the following:
1) Submittal Deadline: The submittal deadline for this RFP is hereby changed from Thursday, January 14, 2021 @ 10:00 AM Central Time and extended as indicated below and above:
➢ Tuesday, January 19, 2021 @ 10:00 AM CST
2) Virtual Non-Mandatory Pre-Proposal Conference: The pre-proposal conference time for this RFP is hereby changed from December 15, 2020 @ 10:00 AM CST to:
➢ December 15, 2020 @ 11:00 AM CST
All other details remain unchanged.

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RECEIPT OF ADDENDUM NO. 1 ACKNOWLEDGEMENT
Offeror shall acknowledge this addendum by signing below and include in their proposal response.

Company Name ______________________________________
Contact Person _______________________________________
Signature ____________________________________________
Date ________________________________________________
Crystal Wallace
Region 4 Education Service Center
Business Operations Specialist
CDW Government LLC
Pam Janutolo
01/15/2021

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 5 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
Tab 1 – Draft Contract and Offer Contract
Signature Form (Appendix A)
Terms and Conditions Acceptance Form (Appendix
B)

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CONT
RACT
1 APPENDIX A

CONTRACT
This Contract (“Contract”) is made as of __________, 2021 by and between (
“Contractor”) and Region 4 Education Service Center
(“Region 4 ESC”) for the purchase of Technology Solutions, Products and Services _(“the products and services”).

RECITALS
WH
EREAS, Region 4 ESC issued Request for Proposal (“RFP”) Number 21- 04, to which Contractor provided a response (“Proposal”); and
WH
EREAS, Region 4 ESC selected Contractor’s Proposal and wishes to engage Contractor in providing the services/materials described in the RFP and Proposal; WH
EREAS, both parties agree and understand the following pages will constitute the Contract between the Contractor and Region 4 ESC, having its principal place of business at 7145 West Tidwell Road, Houston, TX 77092.

WH
EREAS, Contractor included, in writing, any required exceptions or deviations from these terms, conditions, and specifications; and it is further understood that, if agreed to by Region 4 ESC, said exceptions or deviations are incorporated into the Contract.

WH
EREAS, this Contract consists of the provisions set forth below, including provisions of all attachments referenced herein. In the event of a conflict between the provisions set forth below and those contained in any attachment, the provisions set forth below shall control.

WH
EREAS, the Contract will provide that any state and local governmental entities, public and private primary, secondary and higher education entities, non-profit entities, and agencies for the public benefit (“Public Agencies”) may purchase products and services at prices indicated in the Contract upon the Public Agency’s registration with OMNIA Partners. 1) Term of agreement . The term of the Contract is for a period of three (3) years unless terminated, canceled or extended as otherwise provided herein. Region 4 ESC shall have the right to renew the Contract for two (2) additional one-year periods or portions thereof. Region 4 ESC shall review the Contract prior to the renewal date and notify the Contractor of Region 4 ESC’s intent renew the Contract. Contractor may elect not to renew by providing three hundred sixty-five days’ (365) notice to Region 4 ESC. Notwithstanding the expiration of the initial term or any subsequent term or all renewal options, Region 4 ESC and Contractor may mutually agree to extend the term of this Agreement. Contractor acknowledges and understands Region 4 ESC is under no obligation whatsoever to extend the term of this Agreement.
2) Scope: Contractor shall perform all duties, responsibilities and obligations, set forth in this agreement, and described in the RFP, incorporated herein by reference as though fully set forth herein.
3) Form of Contract. The form of Contract shall be the RFP, the Offeror’s proposal and Best and Final Offer(s).

April 27 CDW Government LLC

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CO
NTRACT
2 4) Order of Precedence. In the event of a conflict in the provisions of the Contract as accepted by Region 4 ESC, the following order of precedence shall prevail:
i. This Contract
ii. Offeror’s Best and Final Offer
iii. Offeror’s proposal
iv. RFP and any addenda
5) Commencement of Work. The Contractor is cautioned not to commence any billable work or provide any material or service under this Contract until Contractor receives a purchase order for such work or is otherwise directed to do so in writing by Region 4 ESC. 6) Entire Agreement (Parol evidence) . The Contract, as specified above, represents the final written expression of agreement. All agreements are contained herein and no other agreements or representations that materially alter it are acceptable. 7) Assignment of Contract . No a ssignment of Contract may be made without the prior written approval of Region 4 ESC. Contractor is required to notify Region 4 ESC when any material change in operations is made (i.e. bankruptcy, change of ownership, merger, etc.). 8) Novation. If Contractor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. Region 4 ESC reserves the right to accept or reject any new party. A ch ange
of
name agreement will not change the contractual obligations of Contractor. 9) Contract Alterations. No alterations to the terms of this Contract shall be valid or binding unless authorized and signed by Region 4 ESC.
10) Adding Authorized Distri butors/Dealers. Contractor is prohibited from authorizing additional distributors or dealers, other than those identified at the time of submitting their proposal, to sell under the Contract without notification and prior written approval from Region 4 ESC .

C
ontractor must notify Region 4 ESC each time it wishes to add an authorized distributor or dealer. Purchase orders and payment can only be made to the Contractor unless otherwise approved by Region 4 ESC. Pricing provided to members by added distributors or dealers must also be less than or equal to the Contractor’s pricing. 11) TERMINATION OF CONTRACT
a) Cancellation for Non-Performance or Contractor Deficiency. Region 4 ESC may terminate the Contract if purchase volume is determined to be low volume in any 12- month period.

Region 4 ESC reserves the right to cancel the whole or any part of this Contract due t o f
ailure by Contractor to carry out any obligation, term or condition of the contract. Region 4 ESC may issue a written deficiency notice to Contractor for acting or failing to act in any of the following:
i. Providing material that does not meet the specifications of the Contract; ii. Providing work or material was not awarded under the Contract; iii. Failing to adequately perform the services set forth in the scope of work and specifications;
iv. Failing to complete required work or furnish required materials within a reasonable amount of time;

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CO
NTRACT
3 v. Failing to make progress in performance of the Contract or giving Region 4 ESC reason to believe Contractor will not or cannot perform the requirements of the Contract; or
vi. Performing work or providing services under the Contract prior to receivi ng an
aut
horized purchase order.

U
pon receipt of a written deficiency notice, Contractor shall have ten (10) days to provide a satisfactory response to Region 4 ESC. Failure to adequately address all issues of concern may result in Contract cancellation. Upon cancellation under this paragraph, all goods, materials, work, documents, data and reports prepared by Contractor under the Contract shall immediately become the property of Region 4 ESC. b) Termination for Cause. If, for any reason, Contractor fails to fulfill its obligation in a timely manner, or Contractor violates any of the covenants, agreements, or stipulations of this Contract Region 4 ESC reserves the right to terminate the Contract immediately and
pur
sue all other applicable remedies afforded by law. Such termination shall be effective by delivery of notice, to the Contractor, specifying the effective date of termination. In such event, all documents, data, studies, surveys, drawings, maps, models and reports prepared by Contractor will become the property of the Region 4 ESC. If such event does occur, Contractor will be entitled to receive just and equitable compensation f or the satisfactory work completed on such documents.
c) Delivery/Service Failures. Failure to deliver goods or services within the time specified, or within a reasonable time period as interpreted by the purchasing agent or failure to make replacements or corrections of rejected articles/services when so requested shall constitute grounds for the Contract to be terminated. In the event Region 4 ESC must purchase in an open market, Contractor agrees to reimburse Region 4 ESC, within a reasonable time period, for all expenses incurred.
d) Force Majeure. If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon, and the obligation of the party giving such notice, so far as it is affected by such Force Majeure, shall be
s
uspended during the continuance of the inability then claimed, except as hereinafter provided, but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch.

The term Force Majeure as employed herein, shall mean acts of God, strikes, lockouts, or other industrial disturbances, act of public enemy, orders of any kind of government of the United States or the State of Texas or any civil or military authority; insurrections; riots; epidemics; landslides; lighting; earthquake; fires; hurricanes; storms; floods; washouts; droughts; arrests; restraint of government and people; civil disturbances; explosions, breakage or accidents to machinery, pipelines or canals, or other causes not reasonably within the control of the party claiming such inability. It is understood and agreed that the settlement of strikes and lockouts shall be entirely within the discretion of the party having the difficulty, and that the above requirement that any Force Majeure shall be remedied with all reasonable dispatch shall not require the settlement of strikes and lockouts by acceding to the demands of the opposing party or parties when such settlement is unfavorable in the judgment of the party having the difficulty. e) Standard Cancellation. Region 4 ESC may cancel this Contract in whole or in part by providing written notice. The cancellation will take effect 30 business days after the other party receives the notice of cancellation. After the 30th business day all work will ceas e
f
ollowing completion of final purchase order.
12) Licenses. Contractor shall maintain in current status all federal, state and local licenses, bonds and permits required for the operation of the business conducted by Contractor. Contractor Refer to Appendix B

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CO
NTRACT
4 shall remain fully informed of and in compliance with all ordinances and regulations pertaining to the lawful provision of services under the Contract. Region 4 ESC reserves the right to stop work and/or cancel the Contract if Contractor’s license(s) expire, lapse, are suspended or terminated.
13) Survival Clau se. All applicable software license agreements, warranties or service agreements that are entered into between Contractor and Region 4 ESC under the terms and conditions of the Contract shall survive the expiration or termination of the Contract. A ll
Pu
rchase Orders issued and accepted by Contractor shall survive expiration or termination of the Contract.
14) Delivery. Conforming product shall be shipped within 7 days of receipt of Purchase Order. If delivery is not or cannot be made within this time period, the Contractor must receive authorization for the delayed delivery. The order may be canceled if the estimated shippi ng t
ime is not acceptable. All deliveries shall be freight prepaid, F.O.B. Destination and shall be included in all pricing offered unless otherwise clearly stated in writing. 15) Inspection & Acceptance. If defective or incorrect material is delivered, Region 4 ESC may make the determination to return the material to the Contractor at no cost to Region 4 ESC.

The Contractor agrees to pay all shipping costs for the return shipment. Contractor shall be responsible for arranging the return of the defective or incorrect material. 16) Payments. Payment shall be made after satisfactory performance, in accordance with all provisions thereof, and upon receipt of a properly completed invoice. 17) Price Adjustments. Should it become necessary or proper during the term of this Contract to make any change in design or any alterations that will increase price, Region 4 ESC must be notified immediately. Price increases must be approved by Region 4 ESC and no payment for additional materials or services, beyond the amount stipulated in the Contract shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. Contractor must honor previous prices for thirty (30) days after approval and written notification from Region 4 ESC. It is the Contractor’s responsibility to keep all pricing up to date and on file with Region 4 ESC. All price changes must be provided to Region 4 ESC, using the same format as was provided and accepted in the Contractor’s proposal.

Price reductions may be offered at any time during Contract. Special, time-limited reductions are permissible under the following conditions: 1) reduction is available to all users equally; 2) reduction is for a specific period, normally not less than thirty (30) days; and 3) original price is not exceeded after the time-limit. Contractor shall offer Region 4 ESC any published price reduction during the Contract term.
18) Audit Rights. Contractor shall, at its sole expense, maintain appropriate due diligence of all purchases made by Region 4 ESC and any entity that utilizes this Contract. Region 4 ESC reserves the right to audit the accounting for a period of three (3) years from the time such purchases are made. This audit right shall survive termination of this Agreement for a period of one (1) year from the effective date of termination. Region 4 ESC shall have the authority to conduct random audits of Contractor’s pricing at Region 4 ESC's sole cost and expense.

Notwithstanding the foregoing, in the event that Region 4 ESC is made aware of any pricing being offered that is materially inconsistent with the pricing under this agreement, Regi on 4
E
SC shall have the ability to conduct an extensive audit of Contractor’s pricing at Contractor’s

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CO
NTRACT
5 sole cost and expense. Region 4 ESC may conduct the audit internally or may engage a third- party auditing firm. In the event of an audit, the requested materials shall be provided in the format and at the location designated by Region 4 ESC.
19) Discontinued Products. If a product or model is discontinued by the manufacturer, Contractor may substitute a new product or model if the replacement product meets or exceeds the specifications and performance of the discontinued model and if the discount is the same or greater than the discontinued model.
20) New Products/Services. New products and/or services that meet the scope of work may be added to the Contract. Pricing shall be equivalent to the percentage discount for other products. Contractor may replace or add product lines if the line is replacing or supplementing products, is equal or superior to the original products, is discounted similarly or greater than the original discount, and if the products meet the requirements of the Contract. No products and/or services may be added to avoid competitive procurement requirements. Region 4 ESC may require additions to be submitted with documentation from Members demonstrating an interest in, or a potential requirement for, the new product or service. Region 4 ESC may reject any additions without cause.
21) Options. Optional equipment for products under Contract may be added to the Contract at the time they become available under the following conditions: 1) the option is priced at a discount similar to other options; 2) the option is an enhancement to the unit that improves performance or reliability.
22) Warranty Conditions. All supplies, equipment and services shall include manufacturer's minimum standard warranty and one (1) year labor warranty unless otherwise agreed to in writing.
23) Site Cleanup. Contractor shall clean up and remove all debris and rubbish resulting from their work as required or directed. Upon completion of the work, the premises shall be left in good repair and an orderly, neat, clean, safe and unobstructed condition. 24) Site Preparation. Contractor shall not begin a project for which the site has not been prepared, unless Contractor does the preparation work at no cost, or until Region 4 ESC includes the cost of site preparation in a purchase order. Site preparation includes, but is not limited to:
moving furniture, installing wiring for networks or power, and similar pre- installation r
equirements.
25) Registered Sex Offender Restrictions. For work to be performed at schools, Contractor agrees no employee or employee of a subcontractor who has been adjudicated to be a registered sex offender will perform work at any time when students are or are reasonably expected to be present. Contractor agrees a violation of this condition shall be considered a material breach and may result in the cancellation of the purchase order at Region 4 ESC’s discretion. Contractor must identify any additional costs assoc iated with compliance of this term. If no costs are specified, compliance with this term will be provided at no additional charge.
26) Safety measures. Contractor shall take all reasonable precautions for the safety of employees on the worksite and shall erect and properly maintain all necessary safeguards for protection of workers and the public. Contractor shall post warning signs against all hazards created by its operation and work in progress. Proper precautions shall be taken pursuant to state law Refer to Appendix B

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CONTRACT
6 and standard practices to protect workers, general public and existing structures from injury or damage.
27) Smoking. Persons working under the Contract shall adhere to local smoking policies.

Smoking will only be permitted in posted areas or off premises. 28) Stored materials. Upon prior written agreement between the Contractor and Region 4 ESC, payment may be made for materials not incorporated in the work but delivered and suitably stored at the site or some other location, for installation at a later date. An inventory of the stored materials must be provided to Region 4 ESC prior to payment. Such materials must be stored and protected in a secure location and be insured for their full value by the Contractor against loss and damage. Contractor agrees to provide proof of coverage and additionally insured upon request. Additionally, if stored offsite, the materials must also be clearly identified as property of Region 4 ESC and be separated from other materials. Region 4 ESC must be allowed reasonable opportunity to inspect and take inventory of stored materials, on or offsite, as necessary. Until final acceptance by Region 4 ESC, it shall be the Contractor's responsibility to protect all materials and equipment. Contractor warrants and guarantees that title for all work, materials and equipment shall pass to Region 4 ESC upon final acceptance. 29) Funding Out Clause. A Contract for the acquisition, including lease, of real or personal property is a commitment of Region 4 ESC’s current revenue only. Region 4 ESC retains the right to terminate the Contract at the expiration of each budget period during the term of the Contract and is conditioned on a best effort attempt by Region 4 ESC to obtain appropriate funds for payment of the contract.
30) Indemnity. Contractor shall protect, indemnify, and hold harmless both Region 4 ESC and its administrators, employees and agents against all claims, damages, losses and expenses arising out of or resulting from the actions of the Contractor, Contractor employees or subcontractors in the preparation of the solicitation and the later execution of the Contract.

Any litigation involving either Region 4 ESC, its administrators and employees and agents will be in Harris County, Texas.
31) Marketing. Contractor agrees to allow Region 4 ESC to use their name and logo within website, marketing materials and advertisement. Any use of Region 4 ESC name and logo or any form of publicity, inclusive of press releases, regarding this Contract by Contractor must have prior approval from Region 4 ESC.
32) Certificates of Insurance. Certificates of insurance shall be delivered to the Region 4 ESC prior to commencement of work. The Contractor shall give Region 4 ESC a minimum of ten (10) days’ notice prior to any modifications or cancellation of policies. The Contractor shall require all subcontractors performing any work to maintain coverage as specified. 33) Legal Obligations. It is Contractor’s responsibility to be aware of and comply with all local, state, and federal laws governing the sale of products/services and shall comply with all laws while fulfilling the Contract. Applicable laws and regulation must be followed even if not specifically identified herein.

Refer to Appendix B
34) Refer to Appendix B for additional clause regarding cloud services

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OFFER AND CONTRACT SIGNATURE FORM
The undersigned hereby offers and, if awarded, agrees to furnish goods and/or services in strict compliance with the terms, specifications and conditions at the prices proposed within response unless noted in writing.

Company Name
Address
City/State/Zip
Telephone No.

Email Address
Printed Name
Title
Authorized signature
Accepted by Region 4 ESC:

Contract No. ______________
Initial Contract Term to
Region 4 ESC Authorized Board Member Date
Print Name
Region 4 ESC Authorized Board Member Date
Print Name
&':*RYHUQPHQW//&
10LOZDXNHH$YH
9HUQRQ+LOOV,/

9LFH3UHVLGHQW6WUDWHJLF3URJUDPV
GDYLGKXWFKLQV#FGZJFRP
'DYLG+XWFKLQV
J J
R210401
June 1, 2021 May 31, 2021
4/27/2021
4/27/2021
MargaretS.Bass
LindaTinnerman
4/27/2021
4/27/2021

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APPENDIX B

TERMS & CONDITIONS ACCEPTANCE FORM
Si
gnature on the Offer and Contract Signature form certifies complete acceptance of the terms and conditions in this solicitation and draft Contract except as noted below with proposed substitute language (additional pages may be attached, if necessary). The provisions of the RFP cannot be modified without the express written approval of Region 4 ESC. If a proposal is returned with modifications to the draft Contract provisions that are not expressly approved in writing by Region 4 ESC, the Contract provisions contained in the RFP shall prevail.

Check one of the following responses:

Offeror takes no exceptions to the terms and conditions of the RFP and draft Contract. (Not
e: If none are listed below, it is understood that no exceptions/deviations are taken.)  O
fferor takes the following exceptions to the RFP and draft Contract. All exceptions must be clearly explained, reference the corresponding term to which Offeror is taking exception and clearly state any proposed modified language, proposed additional terms to the RFP and draft Contract must be included:
(Not
e: Unacceptable exceptions may remove Offeror’s proposal from consideration for award. Region 4 ESC shall be the sole judge on the acceptance of exceptions and modifications and the decision shall be final.

If
an offer is made with modifications to the contract provisions that are not expressly approved in writing, the contract provisions contained in the RFP shall prevail.) Section/Page Term, Condition, or
Specification
Exception/Proposed Modification Accepted
(For Region 4
ESC’s use)
X
Please see attached Exceptions Sheet
Proposed Appendix D exceptions will be negotiated directly with OMNIA Partners

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Region 4 Education Service Center
RFP Number 21-04
for Technology Solutions, Products and Services
January 15, 2021
Proposed Deviations
Section/Page Term, Condition, or Specification Exception/Proposed Modification Accepted (For
Region 4
ESC’s
use)
Appendix A
11 b) / page
17 Termination for Cause. If, for any reason,
Contractor fails to fulfill its obligation in a
timely manner, or Contractor violates any
of the covenants, agreements, or
stipulations of this Contract Region 4 ESC
reserves the right to terminate the Contract
immediately and pursue all other
applicable remedies afforded by law. Such
termination shall be effective by delivery
of notice, to the Contractor, specifying the
effective date of termination. In such
event, all documents, data, studies,
surveys, drawings, maps, models and
reports prepared by Contractor will
become the property of the Region 4 ESC.

If such event does occur, Contractor will
be entitled to receive just and equitable
compensation for the satisfactory work
completed on such documents.

Termination for Cause. If, for any
reason, Contractor either party fails to
fulfill its obligation in a timely manner,
or Contractor violates any of the
covenants, agreements, or stipulations
of this Contract Region 4 ESC the non-
breaching party reserves the right to
terminate the Contract immediately and
pursue all other applicable remedies
afforded by law provided the breaching
party is unable to cure such deficiency
within thirty (30) days after receipt of
notice. Such termination shall be
effective by delivery of notice, to the
Contractor, specifying the effective date
of termination. In such event, all
documents, data, studies, surveys,
drawings, maps, models and reports
prepared by Contractor will become the
property of the Region 4 ESC. If such
event does occur, Contractor will be
entitled to receive just and equitable
compensation for the satisfactory work
completed on such documents.

Appendix A
22 / page
Warranty Conditions. All supplies,
equipment and services shall include
manufacturer's minimum standard
warranty and one (1) year labor warranty
unless otherwise agreed to in writing.

Warranty Conditions. All supplies,
equipment and services shall include
manufacturer's minimum standard
warranty and, to the extent provided be
the manufacturer, one (1) year labor
warranty unless otherwise agreed to in
writing.

Appendix A
30 / page 20
Indemnity. Contractor shall protect,
indemnify, and hold harmless both Region
4 ESC and its administrators, employees
and agents against all claims, damages,
losses and expenses arising out of or
resulting from the actions of the
Contractor, Contractor employees or
subcontractors in the preparation of the
Indemnity. Contractor shall protect,
indemnify, and hold harmless both
Region 4 ESC and its administrators,
employees and agents against all
claims, damages, losses and expenses
finally awarded by a court of competent
jurisdiction arising out of or resulting
from the grossly negligent actions of the
Accepted
Accepted
Accepted

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Region 4 Education Service Center
RFP Number 21-04
for Technology Solutions, Products and Services
January 15, 2021
Proposed Deviations
solicitation and the later execution of the
Contract. Any litigation involving either
Region 4 ESC, its administrators and
employees and agents will be in Harris
County, Texas.

Contractor, Contractor employees or
subcontractors in the preparation of the
solicitation and the later execution of
the Contract which proximately causes
death or personal physical injury, or
from damage to tangible personal
property suffered or incurred by Region
4 ESC. Claims do not include any
damages or liability that are otherwise
excluded from this Contract or that arise
from the product(s) or software or from
the data processed thereby.

C
ontractor’s obligation is contingent
upon Region 4 ESC providing: (i)
Contractor sole authority in any claim’s
defense or settlement; (ii) all reasonable
assistance, at Contractor’s expense, in
any such defense; and (iii) prompt
written notice of and description of each
claim.

EITHER PARTY WILL BE LIABLE

FOR ANY INCIDENTAL, INDIRECT,

SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES. IN

THE EVENT OF ANY LIABILITY

INCURRED BY A PARTY

HEREUNDER, THE ENTIRE

LIABILITY OF SUCH PARTY FOR

DAMAGES FROM ANY CAUSE

WHATSOEVER WILL NOT EXCEED
THE LESSER OF: (A) THE DOLLAR
AMOUNT PAID BY REGION 4 ESC

FOR THE SPECIFIC PRODUCTS OR

SERVICES GIVING RISE TO THE
CLAIM; OR (B) $100,000.

Any litigation involving either Region 4
ESC, its administrators and employees
and agents will be in Harris County,
Texas.

Appendix A
34 / page 20
CDW-G proposes a new clause be added to
appropriately document its role as a
reseller of cloud services.

It is acknowledged that Region 4 ESC
is receiving the Cloud Services directly
from the Cloud Service Provider
pursuant to the Cloud Service
Accepted

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Region 4 Education Service Center
RFP Number 21-04
for Technology Solutions, Products and Services
January 15, 2021
Proposed Deviations
Provider’s standard terms and
conditions, or such other terms as
agreed upon by Region 4 ESC and the
Cloud Service Provider (“Cloud
Services Terms and Conditions”).

Accordingly, it shall consider the Cloud
Service Provider to be the contracting
party and the Cloud Service Provider
shall be the party responsible for
providing the Cloud Services to Region
4 ESC and shall look solely to the
Cloud Service Provider for any loss
claims or damages arising from or
related to the provision of such Cloud
Services. On occasion, Contractor may
be required by the Cloud Service
Provider to execute a separate
agreement (each a “Cloud Service
Order”) with Region 4 ESC, which will
be provided to Region 4 ESC in
advance of purchase.

Regi
on 4 ESC shall be solely
responsible for reconstructing data
(including but not limited to data
located on disk files and memories) and
software that may be lost damaged or
corrupted during the performance of
Cloud Services. CONTRACTOR IS

HEREBY RELEASED AND SHALL

CONTINUE TO BE RELEASED

FROM ALL LIABILITY IN

CONNECTION WITH THE LOSS,

DAMAGE, OR CORRUPTION OF

DATA AND SOFTWARE AND
REGION 4 ESC ASSUMES ALL

RISK OF LOSS, DAMAGE, OR

CORRUPTION OF DATA AND

SOFTWARE IN ANY WAY

RELATED TO OR RESULTING
FROM THE CLOUD SERVICES.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 6 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
Tab 2 – Products/Pricing
i. Offerors shall provide pricing based on a discount from a manufacturer’s price list or catalog, or fixed price, or a combination of both with indefinite quantities. Prices listed will be used to establish t
he extent of a manufacturer’s product lines, services, warranties, etc. that are available from Offeror and the pricing per item. Multiple percentage discounts are acceptable if, where different percentage discounts apply, they different percentages are specified. Additional pricing and/or discounts may be included. Products and services proposed are to be priced separately with all ineligible items identified. Offerors may elect to limit their proposals to any category or categories.

CDW•G offers our entire product catalog of over 1,000 manufacturers. Our pricing offer is a fixed percent discount off the CDW•G Advertised Price by product catalog as seen below:

CDW•G Product Tree
Categories Discount*
Accessories 6.75%
Power, Cooling & Racks 5.00%
Desktop Computers 3.00%
Data Storage/Drives 5.50%
Enterprise Storage 5.00%
Point of Sale/Data Capture 4.25%
Servers & Server Management 4.00%
Services (CDW Delivered) 0.00%
Notebook/Mobile Devices 2.50%
NetComm Products 5.50%
Carts and Furniture 5.00%
Printing & Document Scanning 3.00%
Services (Partner Delivered) 0.00%
Client Configure-to-Order 0.00%
Software 4.00%
Collaboration Hardware 4.25%
Video & Audio 3.50%
Cables 15.00%
*D
iscounts are taken from CDW•G National Advertised price. Our National Advertised price is benchmarked against current market demand as well as live pricing on our competitor’s websites, which we adjust to remain competitive.

N
ote: Apple products are offered / allowed at 0.5% discount from National Advertised price, irrespective of category classification. However, CDW•G is not authorized to sell Apple to the K12 segment.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 7 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
ii. Include an electronic copy of the catalog from which discount, or fixed price, is calculated.

Electronic price lists must contain the following: (if applicable) • Manufacturer part #
• Offeror’s Part # (if different from manufacturer part #) • Description
• Manufacturers Suggested List Price and Net Price
• Net price to Region 4 ESC (including freight)
M
edia submitted for price list must include the Offerors’ company name, name of the solicitation, and date on a Flash Drive (i.e. Pin or Jump Drives).
iii. I
s pricing available for all products and services?
CDW•G offers our entire product catalog, which includes hardware, software, and services exclusive of cloud-based software offerings which are available under another OMNIA Partners/ESC Region 4 Contract that we currently hold, #R171001 (Total Cloud Solutions). iv. Describe lease/rental options available including financing information.

Members have access to a diverse portfolio of financial companies that can help them secure the leasing terms that best fit their specific needs and budget requirements. CDW•G offers 16 premier and preferred leasing partners, including Arrow Capital Solutions, Cisco Capital, Dell Financial Services, HP Financial Services, and VAR Technology Finance. While we always view

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 8 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
our deep set of options as a boon to our customers, we also understand our customers and their IT departments might have better things to do than evaluate multiple leasing constructs to select the right one. CDW•G’s approach to leasing and financing solutions mirrors our approach to technology solutions in this way: listen, advise, assist, and present the best options. Our account managers, as the trusted first point of contact, work with members to identify those options. This collaborative process includes the following specific steps:

1. A
n initial discovery session to understand member goals, requirements, and budget

2. An assessment review of members’ existing environment and definition of project requirements

3. Detailed vendor evaluations, recommendations, future design, and proof of concep t

4. P
rocurement, configuration, and deployment of the final solution O
ur diverse portfolio offers Region 4 ESC members the option to lease virtually any IT product at favorable rates and terms. These options can be available on a per-deal-basis, or in many cases, as a primary billing option. If a member has a preferred leasing company that is not currently one of our 16 partners, the account manager can work with Region 4 ESC to explore the need to engage additional leasing partners.

R
egion 4 ESC members will also receive a value-added resource in CDW•G’s Financial Solutions Team. This is an internal team of unbiased financing experts that work in conjunction with the account manager to align payment options with the Member’s financial goals. For example, we know a recent trend for our education and government customers is to adopt mobile devices for their employees and students. However, recent research suggests IT managers believe they spend too much money and time managing devices, including ones that go unused when an end user transfers out of the agency. Our team can recommend an innovative solution for these customers through device-as-a-service (DaaS). While not a traditional leasing or financing option, DaaS satisfies many of those objectives, and includes warranty support, device management, real-time monitoring, and at the end of the lifecycle the devices will be available for reuse or recycling. Less knowledgeable, specialized resources may not consider an option such as this, or—shudder —e ven be aware it is an option.

P
lease note:
• Once the Region 4 ESC customer/member agrees to the proposal, the third-party Leasing Company produces a contract between themselves (lessor) and Region 4 ESC customer/member (lessee). CDW•G is not a party to the lease. • CDW•G will provide leasing options when regulations permit. v. Describe any shipping charges.

Contract pricing offered includes lowest ground freight option, delivered to the specific receiving point identified in the purchase order. Expediated freight, shipping to Hawaii or Alaska or special deliveries would be an additional cost or at the discretion of the dedicated account team and subject to review.
vi. P
rovide pricing for warranties on all products and services.

CDW•G offers our entire product catalog, which includes warranties available for goods. This is included in our Category discounts.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 9 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
vii. Describe any return and restocking fees.

Standard re-stocking fees are as follows:
• 30 Days after Invoice = 15% return fee
• 60 Days after Invoice = 30% return fee.
• Restricted manufacturers & items will incur a return fee Day 1 from invoice. viii. D
escribe any additional discounts or rebates available. Additional discounts or rebates may be offered for large quantity orders, single ship to location, growth, annual spend, guaranteed quantity, etc.

Region 4 ESC prices and percentage off discounts listed in our proposal are the ceiling price at quantity one (1). It is our experience that few purchases are made for quantity one and that often we can share additional discounts with customers through our close relationships with key OEMs. It is through this practice, we encourage Region 4 ESC members to work directly with their dedicated account team for opportunities where volume is present to identify additional discounts which might be available.
ix. D
escribe how customers verify they are receiving Contract pricing. Describe payment methods offered.

Automated Contract Management System
Upon award, we will load the contract structure into our internal contract editor system which will then create a customer premium page with a distinct URL that will reflect the contracted price.

If you need to make purchases on the Region 4 ESC contract, users can view contract specific pricing as they shop on Account Center. Your Account Center will automatically populate up-to- date contract pricing.

P
rogram Management Oversight
The Region 4 ESC contract will be assigned to David White, your current Program Manager who will ensure contract deliverables are met as well as ensure the correct contract price is maintained.

CDW•G accepts payment through:
• Credit Cards* (American Express, Discover, MasterCard, Visa) • Checks
• EDI
• EFT (Electronic Funds Transfer)
• Procurement Cards
x
. Propose the frequency of updates to the Offeror’s pricing structure. Describe any proposed indices to guide price adjustments. If offering a catalog contract with discounts by category, while changes in individual pricing may change, the category discounts should not change over the term of the Contract.

The category discount percentages will remain firm during the life of the contract.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 10 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).
© CDW Government LLC 2021
CDW•G processes a transaction every 3 seconds. This volume makes us the largest multi- brand IT provider, giving members the broadest look at market trends – especially pricing. We know quickly when our pricing needs to be adjusted to remain competitive, our Advertised Pricing combines the benefits of market-based pricing with those of a referenceable pricing structure. We choose to go above and beyond competitive market pricing for our customers by providing a competitive discount on our Nationally Advertised Price (NAP) index. We believe that by providing additional discounts off an already dynamic price index, the Region 4 ESC members will receive best value. Our NAP dynamically updates and scales in accordance with market trends, competitor pricing benchmarks, and savings from bulk purchasing and stocked inventory. Customers have clear insight to their pricing while maximizing additional savings beyond the market price.
xi. D
escribe how future product introductions will be priced and align with Contract pricing proposed.

As a leader in technology solutions, CDW•G’s product portfolio continues to evolve with new products and new partners. As new items are entered into our product portfolio, they are classified into the current product category hierarchy, and will be assigned the discount percentage aligning to that specific category.
xii. P
rovide any additional information relevant to this section.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 11 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
Tab 3 – Performance Capability
i. Include a detailed response to Appendix D, Exhibit A, OMNIA Partners Response for National Cooperative Contract. Responses should highlight experience, demonstrate a strong national presence, describe how Offeror will educate its national sales force about the Contract, describe how products and services will be distributed nationwide, include a plan for marketing the products and services nationwide, and describe how volume will be tracked and reported to OMNIA Partners.

Please see Omnia Partners Documents (Appendix D) below. ii. The s
uccessful Offeror will be required to sign Appendix D, Exhibit B, OMNIA Partners Administration Agreement prior to Contract award. Offerors should have any reviews required to sign the document prior to submitting a response. Offeror’s response should include any proposed exceptions to OMNIA Partners Administration Agreement on Appendix B, Terms and Conditions Acceptance Form.

Acknowledged
Please see Appendix B - Terms and Conditions Acceptance Form iii. Inc
lude completed Appendix D, Exhibits F. Federal Funds Certifications and G. New Jersey Business Compliance.

Please s
ee Attached Federal Funds Certifications (Appendix D, Exhibit F) and the New Jersey Business Compliance (Exhibit G)
iv. Describe how Offeror responds to emergency orde rs.

Whenever a Region 4 ESC order requires expediting, it will be treated with priority. If an emergency arises, contact your dedicated Account Manager who will place the order and arrange for expedited delivery. Due to our very large inventory at our two distribution centers, it is very likely that we will have the product(s) needed for immediate shipping.

The most economical option is to utilize FedEx or UPS for overnight delivery for arrival by 10:30 AM the next morning (to most areas). However, FedEx and UPS are not available options for heavy weight shipments. It may be possible to expedite heavy weight shipments depending on the weight.

Because of CDW’s large volume relationships with our OEM supplier partners, we are in a strong position to deliver products before other vendors are able to do so, even in the event of industry wide supply constraints. This has been the case throughout 2020 as we have worked with many K12 customers dealing with equipping students for remote learning scenarios in the midst of the coronavirus pandemic. We have successfully worked with many school districts, and in fact, entire states with statewide coordination, to provide emergency product supplies as fast as possible given market conditions.

For any priority rated order, please contact the designated program manager on record as early as possible.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 12 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
v. What is Offeror’s average Fill Rate?
A key factor that differentiates CDW•G is our ability to deliver the right products right when you need them. We currently carry more than 100,000 top brand-name products from more than 1,000 leading manufacturers so we have the products you need, when you need them.

CDW•G has two state-of-the-art distribution centers: a 450,000-square-foot distribution center located at our headquarters in Vernon Hills, IL and a 513,000-square-foot distribution center located in North Las Vegas, NV. Our strategically located distribution centers allow us to ship your products to your U.S. location(s) quickly and cost-effectively. Also, our proximity to our principal distributors enables us to obtain competitively priced, non-stocked items for quick turnaround.

Region 4 ESC has access to our highly trained and certified technicians to custom-configure your systems to save you time and free up your IT resources. Products arrive ready to use out of the box, maximizing your employees’ productivity. This physical warehouse model allows CDW•G to provide Region 4 ESC with the quickest order turnaround in the industry.

CDW•G’s same-day fill rate varies between 97% and 99% for credit-approved orders with in-stock product. Same-day order fulfillment may be constrained due to the addition of configuration services and the complexity of those services.
vi. What is Offeror’s average on time delivery rate? Describe Offeror’s history of meeting the shipping and d
elivery timelines.

Our accuracy of products shipped is in the 97-99% range due to the number of checks and balances we have in the system. The delivery location is set at order entry so if the address is put in correctly it will be delivered as requested as long as the carrier delivers it as expected vii. D
escribe Offeror’s return and restocking policy.

CDW•G requires a Return Merchandise Authorization (RMA) number for all returned merchandise.

Please contact your CDW•G Account Manager or Customer Relations at 866-SVC-4CDW or via email at [email protected], to obtain a Return Merchandise Authorization (RMA) before shipping product back to CDW•G. This will expedite and help ensure the proper action or credit upon processing.

T
he following information is needed when requesting an RMA number:
• Customer number
• Invoice number
• Serial number
• Reason for return
• Action to take (replacement/repair/return/credit)
• Whether the box has been opened or is manufacturer sealed.

CDW•G’s complete return policy can be found here: CDW•G Return Policy

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 13 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
viii. Describe Offeror’s ability to meet service and warranty needs beyond manufacturers standard.

In those instances where Region 4 ESC chooses the standard manufacturer warranty, the responsibility for warranty services on those items is with the manufacturer. To ensure manufacturer warranty expectations are met, CDW•G has defined escalation processes with our partners to ensure technical support is provided by the manufacturers according to the agreed upon SLAs. In those instances where CDW•G enhances the standard manufacturer warranty, we take responsibility for meeting SLAs and delivering the full customer experience
C
DW•G does not manufacture products, but end user IT investments are covered by the manufacturer’s standard warranty for all purchases. This means that terms of warranty coverage can and do vary with each OEM purchase. Details for each product warranty are on www.cdwg.com or available through your
dedicated account manager. In our experience, most often the manufacturer coverage does just fine.

But for those times where some added support is desired, CDW•G offers additional warranty coverage options for products whose standard warranty alone does not meet Region 4 ESC’s needs. In order to understand all of our best-value options, we recommend that you work with your trusted account manager to navigate the options in our extensive catalog and determine the best fit warranty solution for each product and circumstance.

For example, CDW•G and most resellers offer a whole lot of different OEMs—we understand that’s one of the features customers and cooperative agencies like best about doing business with large IT resellers. But a whole lot of different OEMs and a whole lot of different warranties could lead to a significant time investment for Region 4 ESC when left to manage this part of the technology lifecycle on their own. Imagine for a minute Region 4 ESC with small IT staff, is left to analyze and track dozens of programs and expirations to gain the most value from their portfolio of warranties. In these instances, CDW•G can offer Maintenance Contracts to simplify warranty coverage so you aren’t bogged down with a collection of warranties from different manufacturers for different lengths of time and each with a different end date. Maintenance Contracts are an easily manageable service contract that covers all IT equipment, regardless of manufacturer, with just one expiration date and a single point of contact for repairs.
ix. Describe Offeror’s customer fulfillment process
The order fulfillment process begins when a batch of orders are systematically released and sorted according to type and priority; for example, split-case picks, full-case picks, oversized picks, and install picks. Our ISO-certified order fulfillment procedures and requirements meet rigorous industry standards to ensure that your order is shipped quickly and accurately. Overnight and Configurations-Priority orders receive processing priority during order fulfillment.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 14 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
Extendable conveyors move in
and out of trailers, bringing
product directly to the current
loading position and optimizing
the number of people needed to
load a trailer. CDW has an
agreement with UPS for direct
lane shipping and will pre-sort
packages into trailers that go
directly to a sorting hub closer to
the end-destination. This reduces
overall processing and travel time
to increase our 2-day delivery
footprint.

Most orders are picked using
radio frequency scanners, or
voice picking headsets to identify
the product necessary for the
shipment and direct the coworker
to the proper location. The
product UPC is scanned to verify
quality and serial numbers are
captured via a barcode scan.

Smaller items are picked directly
into CDW branded boxes or
padded envelopes, with
automation for the carton
assembly and shipping label
application. Larger items are
placed onto the conveyor where
the entire carton goes through a
scan tunnel to review all barcodes
and then shipping labels are
automatically applied. The largest
items are picked in a similar
manner via forklift; coworkers are
directed to the location, the
product is scanned for quality, and
then the product is taken to a
printing station to receive the
shipping labels.
x. Describe Offeror’s customer service/problem resolution process. Include hours of operation, number of s
ervices, etc.

CDW•G has customer relations representatives who are available to resolve post-sales inquiries from 7:00 a.m. until 9:00 p.m. CT, Monday through Friday.

We service customers through phone support, email, and live chat. You will be able to contact our customer relations staff directly or you can go through your Account Manager to resolve problems. The

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 15 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
customer relations staff tracks lost packages, submits claims to carriers, handles Return Merchandise Authorizations (RMAs), and sends out replacements for damaged or defective products.

Excellence in customer service is a top priority for CDW•G. We have many quality controls and metrics in place to ensure high quality standards across the organization. We track and monitor a variety of service metrics and ratios daily to ensure that we provide continuous, high-quality customer service. We make adjustments and evaluate process changes as needed when we see high volumes for particular types of issues.

Each customer relations representative completes a 6-8 week training program upon hire, ensuring quality and consistency across our department. We look for candidates with customer service experience and a dedicated trainer provides individual and group training. We offer career paths within our department, helping us retain talent and experience.

Customer Support Hours
Customers can contact customer relations, technical support and site support via phone, e-mail and online chat from Monday through Friday during the following hours.

Customer Relations:
phone and email M-F from 7am to 9pm CT
online chat M-F from 7am to 6pm CT
Technical Support:
phone and email M–F from 7am to 6pm CT
online chat M-F 7am to 7pm CT
Site Support:
phone and email M-Th from 7am to 6pm
online chat M-F from 7am to 7pm CT
xi. D
escribe Offeror’s invoicing process. Include payment terms and acceptable methods of payments. Offerors shall describe any associated fees pertaining to credit cards/p-cards.

An invoice will be mailed the day after the product(s) is shipped out of one of our distribution centers.

Or, a customer can request that invoices be sent via PDF instead. The PDF would be sent the same day that the invoice is generated in the system. When a product is drop shipped from a vendor, CDW•G will invoice the customer once we receive the invoice from the vendor. Copies of original invoices can be printed via your CDW•G Account Center. If there are ever any questions with regards to an invoice, you should contact your Account Manager so the situation can be resolved in a timely manner.

C
DW•G now has the capability to send .PDF invoices via email to customers, an important environmentally responsible initiative that Region 4 ESC may want to support. If Region 4 ESC would like to receive invoices as a .PDF attachment via email, please contact your CDW Account Manager to initiate this change.

C
DW•G’s standard payment terms are net 30 days from the date the invoice is issued.

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Region 4 ESC Technology Solutions, Products and Services RFP CDW Government LLC Page 16 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
xii. Describe Offeror’s contract implementation/customer transition plan.

With experience managing thousands of contracts in the public space, CDW•G has a robust agreement management process, known as Contract Launch and Acceleration, to execute Region 4 ESC’s requirements, successfully transition the current contract iteration to the new agreement, ensuring a seamless experience for Region 4 ESC. The six pillars of Contract Launch—P re-Award, Intake, Setup & Compliance, Education, Performance Tracking, and Growth—ensure awarded contracts are thoughtfully and responsibly shepherded through the full contract lifecycle by a cohesive, multidisciplinary team.

C
DW•G and our marketing team are very familiar with Region 4 ESC and the OMNIA Brand as a current contract holder. Upon award of the new contract, CDW•G will transition customers using the current contract to the new contract. After contract launch, we can add any new customer who requests being added to the contract by linking them to the new contract within 5 business days of request.

Pre-Award Activities
Contract Launch begins prior to a contract award by building a plan and corresponding activities in parallel to the response submission. As part of CDW•G’s Contract Launch process, the following pre- award activities are currently underway:
• Members of Contract Launch Pre-Award (PA) Workstream will reach out to Region 4 ESC tha t
hav
e signed an Intent to Participate to understand any unique requirements. Information will be updat
ed in CDW•G s proprietary customer account database in preparation for a PA. • Detailed internal workflow with names, roles and responsibilities for the complete PA lifecycle.

To avoid bottlenecks or single points of failure, each PA will have a designated owner to s
hepherd it successfully through the negotiation and execution process. • Create and test a PA toolkit to enable all users that touch the internal PA execution process • Using historical and existing PA data, we have developed a list of Purchasing Entities that need t
o be contacted to begin the contract transition process • Additional resources across Strategic Programs and Sales have been identified and will be t
rained to support the expeditious execution of an influx of PAs.

Launch and Acceleration Activities
CDW•G’s launch plan is already underway. Region 4 ESC can be confident in our ability to deliver timely solutions and support through this transitionary period.

The State Contract Launch & Acceleration
Pre-Award
Project Plan: A list of tasks and responsible parties (Contract Champions) will be clearly identified and assigned ownership for Launch and Marketing activities. .

Initial Review: Contract Champions review documented CDW•G contract deliverables with to ensure we are familiar with and committed to deliverables and expectations.

Partnership Alignment: Align with strategic Partners to make them aware of the new contract iteration highpoints and expectations.

Intake
Master Agreement Execution: Upon award, CDW•G will initiate the execution of the contract with Region 4 ESC to create a smooth transition from current agreement to the new contract.

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Set-up &
Compliance
Contract Kick-off: A kick off call will be established in concert with Region 4 ESC’s stakeholders to review contract launch activities and introduce the core CDW•G/Region 4 ESC team. We will provide written timelines and summaries, in advance of calls.

Pricing: Set up pricing in our contract management system and ensure compliance with agreed structure. Conduct Quality Control and confirm pricing is correctly populating to online portal and Purchasing Entity online accounts.

Stretch and Piggyback Agreements.: CDW-G will contact each entity with whom we currently have a Stretch or Piggyback Agreement based on the existing contract R160201. We will determine whether there is a mutual interest in continuing the Stretch/Piggyback under the new contract; and if so, take steps to modify or create a new agreement as needed to address the individual circumstances.

Contract Fees: Work with program management and finance teams to ensure proper set up for contract fee payments
Custom Premium Page: Create landing page with contract details and confirm acceptability of the website format and data with Region 4 ESC.

Education
Contract Wiki: Develop a dedicated Wiki Page for Region 4 ESC to highlight contract requirements, eligibility, support structure for Sellers, limitations and exclusions and any other relevant information.

Contract Announcement: Region 4 ESC’s dedicated Program Manager will issue an announcement to all CDW•G sales team notifying them of the contract award and providing relevant information and resources.

Contract Focused Training: Educate the sellers and other supporting roles on contract nuances, usage and compliance. Create virtual training modules in conjunction with live training to help Sellers drive the correct engagements with Purchasing Entities.

Seller/Customer Awareness: Customer outreach collateral and notices including contract details and information will be created and distributed to Purchasing Entities to inform them of the contract award and get feedback on their specific needs.

Performance
Tracking
Reporting: Establish contracting requirements and cadence for all Purchasing Entities.

Customer Surveys: Develop customer satisfaction survey and implement remediation plan(s) for any identified performance lapses.

Growth
Contract Strategy: Align with Region 4 ESC’s goals and build strategies to drive Purchasing Entity adoption and utilization through CDW•G.

Marketing: The Program Management and Capture teams will align with CDW•G Sales, Marketing, and the State to build mutually agreed upon Marketing material to be distributed to Eligible Entities; Ensure collateral is compliant with contract requirements.

Quarterly Contract Reviews: Meet quarterly with Region 4 ESC to review contract sales and observed trends.

Annual Business Review: Meet with Region 4 ESC to review usage and discuss possible revisions of the categorization of Publishers based upon actual sales volume, and to discuss any service concerns, industry trends, and the effectiveness of the contract.

Accelerate Contract Utilization: Prioritize entities which are either new to Contract as well as laser-focus on entities with established partnership with CDW•G.

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CDW Government LLC Page 18 of 73 01/19/2021
All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”).

Stability of CDW
CDW•G is a Fortune 500 company that is not only local, but also on firm financial ground. Leveraging our size and partner capital empowers us to effectively operate as our customers’ advocate when it matters. And, if history is any indicator, it matters often. In a time of global unrest and economic uncertainty, CDW•G is the partner that will be here tomorrow. We are the partner that is not only financially stable, but also operates with heart and integrity.

Ability to Adapt/Agility
Our longevity and stability also play an important role in helping customers navigate through unpredictable and difficult circumstances. Many vendors can state how they helped a customer successfully achieve IT objectives, but far less have the wherewithal and the integrity to guide customers through unprecedented economic and global crises. This is because these efforts often involve significant time, expense, and resources on behalf of the vendor. However, our dedication to our customers transcends any short-term losses. When we invest in a customer, it is for the long haul. We understand that how we deal with adversity impacts how and when we succeed.

We are relentlessly devoted to helping our customers meet the challenges related to resolving their technology needs. One way we achieve this is through our agility in adapting to the unexpected, such as during the earliest stages of the COVID-19 crisis. Because CDW plays a critical role in continuing to supply IT products and services to our customers, we prioritized a strategic response that would ensure our customers’ needs were met in the face of a significant strain on the global supply chain. We worked closely with our manufacturer partners to identify product recommendations based on projected availability. At the same time, we maintained focus on the wellbeing our communities and helping our customers navigate a rapidly changing environment.

Additionally, we have implemented stringent safety measures in our distribution centers in order to maintain business continuity while prioritizing the well-being of our coworkers. Due to our having two distribution centers in different portions of the country, we are able to maintain our supply chain in the event one of those centers goes down for any reason.

xiv. Provide a website link in order to review website ease of use, availability, and capabilities related to ordering, returns and reporting. Describe the website’s capabilities and functionality.

The following link is an example of what your website will be capable of: www.cdwg.com/esc4

Account Center Overview
Region 4 ESC will have its own Account Center that is available to users 24 hours per day, seven days a week. This value-added tool makes working with CDW•G easy, convenient and efficient. We have been the pioneers in tapping the power of the web and we continue to develop enhancements based on customer feedback.

Our extensive suite of online tools, provided to Region 4 ESC at no additional cost, allow you to:
• Streamline the ordering process
• Facilitate product standardization
• Create bundles for easy reordering
• Automate purchase approvals and control rogue purchasing • Communicate standards to all users
• Maintain customized catalog(s)

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• Reduce time spent researching and purchasing IT products • Maintain consistent pricing across the organization
• Create quotes right from your shopping cart
• Provide up-to-date order and delivery status including backorders • Track purchases by each subsidiary and affiliate
• Simplify software licensing and ensure compliance that minimizes costly fees • Track your IT assets across your organization
• Provide flexible reporting capabilities using pivot table technology • Track up to three years of purchase history
• Upload reports in SLT format.
• Download reports in Excel or CSV formats.
• Access online chat support
Website Advantages
Our web capabilities provide an extra
level of convenience, customization
and efficiency for Region 4 ESC.

Your Account Center brings you:

Speed — Region 4 ESC folks can
research, purchase and track
technology easier and faster than
ever. CDW•G makes the buying
process simple and more efficient.

With one click, you and authorized
colleagues can procure the best
solutions your need at the best price
from one of the industry’s largest
inventories of brand-name products.

Reporting — As a rich source of
detail on purchase history, license
agreements and asset tracking,
CDW•G lightens the burden of
generating reports. Your Account
Center is a productivity-enhancing
tool, giving you the exact detail you
require whenever you need it. You
can also download reports into a
variety of formats, including Microsoft
Excel, CSV and tab-delimited
files. We bring you dynamic reporting
for the information you need, when
you need it, via your Account Center.

The value-added benefit of
your Account Center is that you can
better manage data and information
that will allow you to make more cost-
effective decisions. Your Account

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Center also reduces the administrative and purchasing costs involved in procurement.

Account Center Features:

Account Linking — View, Place and Track Orders from Multiple Addresses Account Linking lets you view, place and track orders according to their bill-to addresses. A single log-in gives authorized users a way to efficiently access their order status from across the enterprise while placing and tracking orders by address and location.

Account Team — Access Expert Support with a Personal Touch Your Account Center allows you to work directly with your dedicated Account Manager and sales team as well as customer service professionals and certified technicians during every step of the purchasing cycle. Your Account Center lets you see pictures of your Account Team, view their contact information and check their availability in and out of the office.

Asset Management — Follow Asset-Tagged Hardware Throughout Your Company Your Account Center provides an online asset management tool to track your asset tagged products.

You can search by serial number, order number, or location. You can even create your own custom fields and add or enter products purchased from other vendors. This feature also allows you to modify your records to reflect the transfer of equipment from one location to another--a real plus for companies, like Region ESC, with multiple locations. Asset Management then lets you create and download a detailed report of your company’s hardware assets.

Company Solutions — Compare and Buy Single or Bundled Products with One Click This capability lets you customize your Account Center home page to show the products and configurations Region 4 ESC uses and streamline standard product orders. You can choose a variety of formats in which to view products individually, in bundles, by manufacturer or even in side-by-side comparisons. By grouping products into bundles, there’s no guesswork when making repeat purchases on Region 4 ESC standardized solutions. You save hours having to conduct multiple steps, when you can simply send a bundle right to your shopping cart and check. Your Account Center also lets you perform quick product searches and “comparison shop” by viewing side-by-side, detailed product descriptions before you even place an order. This takes the hassle out of downloading data from multiple manufacturer websites.

Contract Pricing — View Negotiated Contracts in Real-Time, Receive Bids Quickly If you need to make purchases based on a negotiated contract, your Account Center Website lets you search your approved contracts online. Region 4 ESC users can view all eligible contract pricing as they shop. Your Account Center will automatically provide you with your special pre-qualified pricing and discounts on tens of thousands of products. Authorized users can access contract and/or special pricing in real-time, as the site is constantly updated to reflect the latest status. Buyers from any location can view approved contract pricing to ensure this pricing structure holds true throughout the entire organization.

Order Center — Track Order Status and Purchase History Instantly This feature offers a full breadth of tools to track your order status, leases, purchasing history and financing options. Original invoices can be printed and you can view outstanding balances and invoices, credits, adjustments and/or payments. You can download your purchasing history in preferred time increments (such as month-to-date, last six months, prior year, etc.) in any number of formats. The system lets you automatically save this data in your spreadsheet or database applications. You can readily search your order, get your tracking number, check shipping status and request a Return Merchandise Authorization (RMA).

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All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
Online Quotes — Create, Review and Place Orders in Minutes You can review a quote online just moments after it is created by your Account Manager. Then it can be printed, forwarded to colleagues or managers for pre-authorization or converted to a live order. This feature also lets you create your own quote right from your shopping cart, in addition to viewing contracts, volume and bid pricing online.

Purchasing Authorization System (PAS) — Streamline Purchasing Approvals Your Account Center also automates your approval process. The Purchasing Authorization System (PAS) enables you to restrict your employees’ purchasing power and to automate required approvals before any order is placed. PAS bypasses the laborious step of having your purchasing administrator personally place each order. This process allows for multiple levels of approval, as well as multiple approval systems which can all function independently for the departments and locations involved with Region 4 ESC’s procurement process. This system also allows for reporting that is specific to orders which have moved through the requisition process setup through PAS. All reporting is as dynamic and editable as the other tools on your Account Center.

Catalogs and Custom Catalogs – Limit Product Purchase Rights Each Region 4 ESC catalog contains a name and a description; they are displayed by product category and show both CDW•G and manufacturer part numbers. There is a drop-down listing on the product search drill-down pages when you conduct a Department Search from the main page, or use the type in search feature on the top right side of the main site banner for your Account Center The catalog feature allows you to create customized catalogs. Customized catalogs can be used to limit the purchasing ability of your end-users according to Purchase History, Corporate Solutions, Contract(s), Manufacturer Part Number, the CDW•G EDC, and through the Search function. The same engine and keywords which drive the Search Engine are also available for you to search for product.

This allows you to refine items listed before making them a part of your custom catalog for one or multiple users. These rules can be used to add product to a catalog or exclude items from one as well. Once applied to a group or PAS workflow, they can really help control the spending habits of your end users and help keep your IT budget on only those items you have selected and approved.

Product Finders — Easily Find the Right Accessories and Supplies Account Center and CDW•G.com now offer Product Finders to make it even easier to find supplies for printers, fax machines, copiers, multi-functions and other devices. Region 4 ESC can also search for desktops and notebooks. Product finders guide you to the technology solutions that fit your needs and will even help find information for discontinued models. These Finders were designed to ensure compatibility for product categories including cables, desktops, ink and toner, memory, notebooks, power protection and cases and bags.
xv. Describe the Offeror’s safety record.

CDW’s safety mission statement: To provide the safest and most secure environment possible for CDW coworkers without hindering their creativity and productivity, enabling our customers to receive their product quicker, more efficiently, and with the highest quality possible.

C
DW-G has taken a very serious and considered approach to the current coronavirus pandemic, in compliance with all state and local guidance governing the facilities where we operate COVID-19 Response
In order to manage events such as the COVID-19 outbreak, appropriate response teams were created and consist of an Emergency Response Team (onsite management), a Business Continuity Team (IT,

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Facilities, Coworker Services & Security/Safety) and a Crisis Management Team (EC members). All three teams work closely with one another to ensure the safety of our coworkers is first and foremost during any infectious disease incident. Some of the tasks they follow include but are not limited to:
• Cleaning and sanitizing work areas
• Providing remote access for those coworkers unable to come to work, but are able to work from home
• Providing hand sanitizers at entrances and restroom areas • Providing hygiene reminder posters in break room and restroom areas • Communicating with coworkers through email or meetings • Recommending social distancing
• Providing a COVID-19 web site externally for our partners and coworkers, as well as on the C
DW•G intranet with facts and information, updated regularly • Working closely with health care providers, CDC, and the government for the latest information on v
accinations
• Because we value the safety of our customers and partners our coworkers were trained on the appr
opriate measures to take in order to safely engage in-person customer meetings CDW•G is concerned about any infectious disease outbreak and is dedicated to its coworkers, customers, and partners for having an adequate response plan.

We have a continually updated response to COVID-19 posted to our website for all our customers and partners: https://www.cdw.com/content/cdw/en/updates/cdw-response-to-covid-19.html CDW•G has also posted a number of valuable links to help coworkers keep up with the latest information regarding COVID-19 and other infectious diseases. Documents on FAQs, partner updates, health and safety fact sheets, emotional health resources, customer engagement, work from home resources are all provided on the CDW•G intranet.

Maintaining a Safe Work Environment
CDW strives to maintain a working environment, which provides for the safety and well-being of our coworkers, visitors, and surrounding community. CDW is also committed to comply with health and safety standards, which apply to its operations and activities. To meet these goals, a number of occupational health and safety programs and procedures have been developed and implemented. Collectively, these programs represent CDW’s efforts to minimize occupational injuries and illnesses, to protect environmental property and to reduce liability.

Regulations require that a comprehensive “Injury and Illness Prevention Program” be prepared and implemented. The CDW approach to preparing such a program has been to incorporate, to the degree practicable, existing hazard control programs and procedures.

The regulation requires specific program elements, including the designation of a responsible person and identification of a system for:
• C
ommunicating with coworkers on matters concerning safety and health; • Identifying, evaluating and reducing workplace hazards; • Implementing procedures for injury / illness investigation; • Mitigating hazards in the workplace;
• Training coworkers; and
• Maintaining records
A
comprehensive Injury and Illness Prevention Program (hereafter referred to as IIPP) has been prepared by the Global Security Safety and Business Continuity (GSSBC) Department for implementation at CDW. The CDW IIPP was designed to specifically address the regulatory

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requirements outlined above, and to function as an “umbrella” program which incorporates the elements of other occupational hazard control programs and procedures (e.g., Hazard Communication Program, Blood borne Pathogen Program, Lockout / Tagout Plan, etc.) It can be readily modified to integrate new or revised health and safety programs, including procedures required by new, pending or future legislation.

C
DW also follows an Accident Investigation Procedure: The manager at the location where the accident occurred will perform an accident investigation. The safety administrator is responsible for seeing that the accident investigation reports are being filled out completely, and that the recommendations are being addressed.

Managers will investigate all accidents, injuries, and occupational diseases using the following investigation procedures:
• Im
plement temporary control measures to prevent any further injuries. • Review the equipment, operations and processes to gain an understanding of the accident. • If the coworker requires medical treatment, ensure that they are treated and submit to a drug scr
een.
• Identify and interview each witness who might provide clues to the accident’s causes. • Investigate causal conditions, unsafe acts and make conclusions based on existing facts. • Complete a Safety Incident Report.
• Provide recommendations for corrective actions and indicate the need for additional safety training.

A
ccident investigation reports must be submitted to the Coworker Services Department within 24 hours of the accident.

C
DW•G has not received any OSHA citations in the last 5 years. x
vi. Provide any additional information relevant to this section.

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All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
Omnia Partners Documents (Appendix D)
Supplier Response (3.0)
Supplier must supply the following information in order for the Principal Procurement Agency to determine Supplier’s qualifications to extend the resulting Master Agreement to Participating Public Agencies through OMNIA Partners.

Company (3.1)
A. Brief history and description of Supplier to include experience providing similar products and services.

CDW is a leading multi-brand technology solutions provider to business, government, education and healthcare organizations in the United States, the United Kingdom and Canada. A Fortune 500 company with multi-national capabilities, CDW was founded in 1984 and employs more than 10,000 coworkers. We have an expansive network of offices near major cities and a large team of field coworkers across the United States.

O
ur broad array of offerings ranges from discrete hardware and software products to integrated IT solutions such as mobility, security, data center optimization, cloud computing, virtualization and collaboration. We are technology “agnostic,” with a product portfolio that includes more than 100,000 products from more than 1,000 brands. We provide our products and solutions through our sales and service delivery teams, consisting of nearly 6,000 customer-facing coworkers, including more than 2,000 field sellers, highly skilled technology specialists and advanced service delivery engineers.

C
DW debuted on the Fortune 500 in 2001, at No. 435.

CDW’s rise in the rankings highlights its sustainable,
profitable growth over the years, from $4 billion in sales in 2001 to over $18 billion in 2019. CDW now ranks at
number 178 on the FORTUNE 500 list for 2020. CDW
ranks at No. 5 on CRN’s 2020 Solution Provider 500
list.

C
DW Government LLC is the wholly-owned subsidiary
of CDW LLC. Our customer base is quite diverse, ranging from state and local government, federal, healthcare, K-12 and higher education.

B. Tota
l number and location of sales persons employed by Supplier.

CDW currently employs 10,100 coworkers, which are located in offices, remote locations (such as at home), and in the field. Our offices are located throughout the US, UK, and Canada. In the United States there are 26 offices.

C. N
umber and location of support centers (if applicable) and location of corporate office.

CDW has 26 offices (please see the map above).

The location of our corporate office is: 230 North Milwaukee Avenue in Vernon Hills, Illinois.

D. A
nnual sales for the three previous fiscal years.

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All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
As you can see from the graph below, CDW•G has realized consistent growth since 2001. Our sales for the last three years are as follows:
• 2017 - $14.8B
• 2018 - $16.2B
• 2019 - $18.0B
a
. Submit FEIN and Dunn & Bradstreet report.

Unfortunately, we cannot supply a Dun & Bradstreet report as it violates our contract with the company. OMNIA is able, alternately, to obtain a report for CDW•G from Dun & Bradstreet.

E
. Describe any green or environmental initiatives or policies.

We reuse, reduce, and recycle wherever possible and both our warehouses are certified by the ISO 14001:2015 Environmental Management System standard. The certification proves that we use 100% recyclable packing material for all our products, and that we set and achieve continual goals regarding the reduction of environmental impact. CDW holds BREEAM certification, too, which relates to the use of light dimming features, solar panels, and rain harvesting at CDW facilities. As well, we offer access to a Print Relief Program that helps our customers save forests by measuring paper consumption and automatically reforesting a company’s footprint. Finally, our carriers that deliver products to customers participate in the SmartWay Transport program. This program helps our customers like OMNIA Partners measure, benchmark, and improve freight transportation efficiency.

CDW’s Environmental Responsibility
CDW has long been conscious of our impact on the environment especially regarding our energy consumption, and we have taken significant steps to effectively manage our consumption of resources and lessen our environmental impact.

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All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
For more information on the
beGreen program or CDW’s
sustainability eﬀorts, please
email [email protected].

ISO 14001:2015 Certification
CDW has achieved certification to the ISO 14001:2015 Environmental Management System (EMS) standard. The certification has been awarded to CDW’s Vernon Hills, IL and Las Vegas, NV distribution centers and attached offices. CDW’s distribution centers use 100% recyclable packing material and shipping containers that also provide maximum protection for your IT assets. As part of our EMS, we conduct in-depth internal audits and self-assessments to support continual improvement. We review our significant environmental impacts each year and set targets to reduce them.

EPA Green Power Partnerships
CDW participates in the United States Environmental Protection Agency’s Green Power Partnership program.
beGREEN Program
CDW implemented a formal beGREEN program to foster a culture of environmental responsibility that encourages coworkers to reduce, reuse and recycle. CDW has recycling programs for paper, aluminum, glass, plastic, corrugate, batteries and wooden pallets. Our dedicated beGREEN staff continually looks for more ways to be environmentally responsible.

Please see Attachment A – Our Commitment to the Environment F. D
escribe any diversity programs or partners supplier does business with and how Participating Agencies may use diverse partners through the Master Agreement. Indicate how, if at all, pricing changes when using t
he diversity program. If there are any diversity programs, provide a list of diversity alliances and a copy of their certifications.

CDW•G Supplier Diversity program goals are to increase procurement opportunities for direct and indirect spending with small, minority-owned, women-owned, veteran-owned, disabled-owned and other small, disadvantaged businesses. The CDW•G philosophy on diversity extends beyond our coworkers, the customers we serve, and the communities we live in to include our valued supplier partnerships. Our commitment to strategically partner with qualified businesses enables CDW•G to continue to provide the best customer experience, while contributing to economic growth in diverse communities.

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All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
Since 2007, CDW has been utilizing a vast national network of diverse OEMs, distributors, and service provider partners. Last year alone, we spent more than two billion dollars on subcontracts with our small and diverse partners that serve CDW customers like UC and OMNIA. These suppliers help our customers meet their diverse goals and needs.
• W
e currently feature over 1,100 diverse suppliers.
• In 2019, CDW became a member of the Billion Dollar Roundtable, joining an exclusive group of U.S.-based companies that have procured more than $1 billion annually from minority- and
wo
men-owned businesses on a Tier-I basis.

C
DW•G is continuously developing other MBE/WBE and SDVOB partnerships to meet customers’ needs. These relationships include but are not limited to product manufacturers, distributors, and service providers nationwide who support direct (Tier 1) and indirect (Tier 2) fulfilment through presales and service engagements. We recruit disadvantaged partners locally and regionally, since customer spending goals are tied to their local laws and usually require the partner to be certified within their city or state. These various engagement models allow participating agencies the choice to engage with the diverse partner that suits their technology needs and where the diverse partner’s business is best suited to provide support in the sales cycle. In this way, we differentiate ourselves from our competitors. We realize that each customer has unique targets that require a thoughtful and dynamic approach to strategic sourcing. Our Supplier Diversity program offers a broad and robust partner network to achieve this. Utilizing MWBE partners is part of CDW•G’s business strategy. Pricing should not be affected for OMNIA partner members using diverse suppliers on the proposed contract.

T
he following are just a few ways that CDW•G can support OMNIA Partners members in meeting their diverse supplier goals:

1. E
ducate users on CDW•G’s supplier diversity program and how to initiate a planning session.

2. Conduct customer-focused planning sessions with CDW•G Account Manager and supplier diversity program representative.

3. Utilize information gathered from planning sessions to develop custom plans to achieve c
ustomer goals around supplier diversity.

4. Perform ongoing engagement to adjust plans as necessary.

For more information on our supplier diversity program please see Attachment B - Supplier Diversity Economic Impact 2019.

In order to access our diverse supplier network, participating OMNIA Member agencies would reach out to their assigned CDW•G account representative.

G. I
ndicate if supplier holds any of the below certifications in any classified areas and include proof of such c
ertification in the response:
a. Minority Women Business Enterprise
☐ Yes ☒ No
If yes, list certifying agency:
b. Small Business Enterprise (SBE) or Disadvantaged Business Enterprise (DBE) ☐ Yes ☒ No
If yes, list certifying agency:

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All information and documents hereby submitted in response to the Request for Proposal/Quote (“RFP/RFQ”) furnished by Customer Name are the Proprietary and Confidential property of CDW Government LLC (“CDW•G”). © CDW Government LLC 2021
c. Historically Underutilized Business (HUB)
☐ Yes ☒ No
If yes, list certifying agency:
d. Historically Underutilized Business Zone Enterprise (HUBZone) ☐ Yes ☒ No
If yes, list certifying agency:
e. Other recognized diversity certificate holder
☐ Yes ☒ No
If yes, list certifying agency:

H. Li
st any relationships with subcontractors or affiliates intended to be used when providing services and i
dentify if subcontractors meet minority-owned standards. If any, list which certifications subcontractors hold and certifying agency.

CDW•G provides a unique combination of both in-house resources and outsourced services from qualified subcontractors to assist with projects across a wide range of technologies and solutions. Whether members are looking for imaging, managed services, software migrations, maintenance or onsite installations, CDW•G can provide Region 4 ESC with the best possible resources to ensure maximum satisfaction and to save Region 4 ESC both time and money.

C
ommitment to Diversity
At the heart of every diverse business program is the drive to foster inclusivity for diverse communities and drive local economic growth. It’s a government’s commitment to strengthen civic engagement and level the playing field. CDW supports this effort, too. We launched our Supplier Diversity program in 2007 and have continued to increase our positive impact on diverse businesses since the program’s inception.

In 2019, CDW became a member of the Billion Dollar Roundtable (BDR), joining an exclusive group of U.S.-based companies that have procured more than $1 billion annually from minority- and women-owned businesses on a first-tier basis.

CDW not being a diverse prime has the privilege, opportunity and responsibility to partner with diverse suppliers and bring them with us to every opportunity.

Just like our customers, their procurement practices, and technology in general, our Supplier Diversity program is adaptive in order to accommodate the unique and changing needs of our customers. To bolster our support of any Region 4 ESC MWBE goals, CDW endeavors to work with our supplier diversity team and local partners to explore ways to grow our MWBE network.

Another important aspect of the CDW Supplier Diversity program is our support and participation in various organizations and events focused on developing relationships and business opportunities within diverse communities.

CDW is a National Corporate Member of the National Minority Supplier Development Council, Inc. and The Women’s Business Enterprise National Council. CDW supports other organizations, as well, which include:

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• Chicago Minority Business Development Council, Inc.
• Women’s Business Development Center of Chicago
• Minority Business Development Agency of Chicago
• National Veteran Owned Business Association
• National Gay & Lesbian Chamber of Commerce
N
ot only does CDW contribute financially to these organizations, we also engage on advisory councils, attend and host events, and provide resources to support the organizations’ focus on continued growth and success.

I. D
escribe how supplier differentiates itself from its competitors.

Technology requires more than fulfillment – it warrants a vendor that provides superior products and a high-quality customer experience. A major priority in our IT initiatives is flexible, adaptive technology that can promote user needs in a secure fashion. It’s not enough to provide customers with access to product they want in a quick and efficient manner. Procurement officers need to understand their options and our customers need to know their products are securely sourced. Our position as a leading technology solutions provider with: expertise in web fulfillment and eProcurement, a dynamic pricing structure, mature logistics capabilities, secure and responsible sourcing processes, a fully-developed contract management department, and an in-depth marketing approach combine to create a procurement solution that no other vendor can offer.

W
eb Capabilities
Limited budgets and requirements for compliance among customers demand that certain features and functionality be inherent within an online marketplace. We understand these needs and we’ve incorporated them into our digital marketplace solution. For instance, many of the features that our competitors offer at a premium are offered standard through our online marketplace. Features such as competitive, best-value pricing, spend reporting, and account customization are built into our solution.

A
dditionally (as noted above), we offer customers access to our entire network of diverse suppliers, at no charge, to aid them in meeting requirements. Some marketplace vendors require a subscription just to identify these suppliers. However, we not only identify those currently in our network, we collaborate with users to deliver against their diversity spending targets.

A
gile Cost Model
At CDW•G, we have been pioneers in establishing and evangelizing the value of a dynamic pricing structure. We utilize our Nationally Advertised Price (NAP), a Verifiable Price Index, as the starting point in our price proposals. Our NAP dynamically updates and scales in accordance with market trends, competitor pricing benchmarks, and savings from bulk purchasing and stocked inventory. Our

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customers can be sure that the pricing quoted is the most up-to-date and competitive available on the market.

W
e believe that by receiving additional discounts off an already dynamic price index, OMNIA Partners will provide best value to eligible users. We choose to go above and beyond competitive market pricing for our customers by offering a pricing approach based on NAP. This approach to pricing combines the benefits of market-based pricing with those of a referenceable pricing structure. Customers have clear insight to their pricing while maximizing additional savings beyond the market price.

B
lended Distribution Model
A significant advantage that differentiates CDW•G in the marketplace is our ability to deliver the right products, at the right value, right when you need them. Many of our competitors rely on what we refer to as “virtual warehouses.” This occurs when a reseller is entirely reliant on their distribution and OEM partners for packaging and shipping customer solutions. This introduces extended lead times and uncertainty in sourcing and supply chain security. At CDW•G, we have blended the best of our OEM’s and distribution partners’ fulfillment capabilities with our own distribution centers to optimize quick and accurate fulfillment.

On
site Inventories
In fact, many technology manufacturers choose CDW•G as their primary reseller because of our vast large, on-hand inventories and effective inventory management procedures. CDW•G has two larges strategically located distribution centers controlled by a Warehouse Management System that ensures speed and accuracy throughout the order fulfillment and distribution processes. CDW•G’s marketing and purchasing departments continuously monitor trends within the IT industry to ensure that we are stocking the latest technology for immediate shipment. With our secure supply chain, we also take proactive measures to reduce the risk of obsolescence and other inventory discrepancies that contribute to increased costs.

S
trong Manufacturer and Distribution Partnerships
Our delivery model combines manufacturers, distribution channel partners and leading carriers to facilitate quick product turnaround. As one of the largest direct market resellers (more than 100,000 products from more than 1,000 name brand manufacturers). CDW•G has established very good working relationships with the major manufacturers in the technology industry. Our buying power attracts the industry’s top manufacturers, and their best prices and rebates.

To supplement our direct purchasing model, CDW•G has strong affiliations with principal channel distributors. We have partnered with numerous distributors to supplement our direct purchasing model.

They send us daily EDI downloads which provides visibility to inventory items and pricing broken down by local or remote facilities. Furthermore, our top three distribution partners provide real time inventory information which is subsequently available to members through our online catalog.

In-D
epth Marketing Approach
We also differentiate ourselves from our competitors through our in-depth marketing approach. We utilize an in-house marketing process based on strategy and we keep customer business outcomes in mind while we utilize our deeply rooted customer network as a function of our account management relationships. CDW•G will utilize a number of proven activities to publicize and promote this new agreement. Our live touch approach includes a proactive communication program, as well as both inside and field sales teams meeting with eligible users. Our customers rely on their account manager as an expert resource; this includes leveraging contracts. Most often, when a customer purchases from a specific contract, it is because of a direct suggestion from their account manager. CDW•G’s sales and

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marketing plan combines past CDW•G marketing successes with a strategy to effectively capture net new business. We leverage our reporting capabilities to determine potential target customers. After determining targets, CDW•G can then educate them on the benefits of the new contract and grow net- new business. Through this method, OMNIA Partners and CDW•G will gain traction with users faster than a supplier that does not have these existing relationships in place.

C
ontract Management
CDW•G is extremely dedicated to the quality and reliability of our procurement management process.

Some vendors, even large suppliers, do not have a team dedicated to managing their contracts.

Instead, these companies rely on the sales team to manage compliance issues and reporting. We can imagine that this results in delayed responses, unreliable support, and in worst cases, faulty reporting. A differentiator for CDW•G is our Program Management Department, a group of more than 100 coworkers devoted to the full scope of contractual sales, including managing contracts. Keeping our contract management within one group makes oversight and structured processes easy to implement. In turn, this eases oversight responsibilities to one central group and allows CDW•G to standardize our contract management processes and share best practices – in turn reducing risks and improving efficiencies.

With an average of over ten years of industry experience and active participation in National Contract Management Association, CDW•G program managers are qualified to advise and serve our customers at all stages of the contract process.

F
inally, here are additional highlights of our features and benefits:
 Experienced account team supports your day-to-day IT needs, and also helps develop appr
opriate strategies for future product and service needs.  Value-added presales consulting resources ensure solutions are tailored to meet your operational and budgetary requirements.
 On-line procurement capabilities streamline and standardize purchasing as well as support flexible reporting and improved decision making.

J. Describe any present or past litigation, bankruptcy or reorganization involving supplier.

C
DW•G has not experienced bankruptcy or reorganization.

C
DW•G is not currently and has not been involved in litigation, which could impact our ability to provide products and services on this agreement.

K. Felony Conviction Notice: Indicate if the supplier
a. is a publicly held corporation and this reporting requirement is not applicable; b. is not owned or operated by anyone who has been convicted of a felony; or c. is owned or operated by and individual(s) who has been convicted of a felony and provide the names and convictions.

CDW•G is a publicly held corporation, so this notification is not applicable.

L. Describe any debarment or suspension actions taken against supplier A
s of the date of this submittal, and for the prior five years, CDW•G certifies that to the best of its knowledge and belief, it has not been listed by any federal or state authority as debarred or suspended,

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where such debarment or suspension would have a material and adverse ability on our ability to perform hereunder.

Distribution, Logistics (3.2)
A. Each offeror awarded an item under this solicitation may offer their complete product and service offering/a balance of line. Describe the full line of products and services offered by supplier.

CDW•G’s complete portfolio of product offerings includes over 100,000+ products from more than 1,100 name brand manufacturers. For a listing of our OEM partners, please see Attachment C - Manufacturer Line Card.

Based on the strength of our success and our product portfolio, we can offer our customers the newest technologies, robust discounts, and focused OEM support unavailable with our competition. Additionally, as technology is constantly evolving, we are always on the lookout for new vendors and new technologies to add to our offerings.

CDW•G provides expert consulting, design, configuration, installation, and lifecycle management services. Our offerings are extremely comprehensive as follows:

OFFERINGS

PRODUCTS &

PARTNERSHIPS
100,000+ products from more than 1,100 vendors including Acer, Adobe, Cisco, Dell, EMC, HP, IBM, Lenovo, Microsoft, NetApp, and VMware

TECHNOLOGY

SERVICES
• e-Procurement integration
• Leasing services
• Managed services
• Pre-shipment configuration
• Professional services
• Warranty and maintenance
TOTAL

SOLUTIONS
• Cloud
• Collaboration
• Data center and networking
• Managed Print Services
• Point of Sale
• Security
• Software management
• Total Mobility Management

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Professional Services
Our project managers and consultants work directly with you to design and implement every facet of your IT solution. After assessing your current environment and business objectives, they’ll produce a detailed project blueprint. Partnering with your existing staff, they'll oversee the full implementation of the solution. Then they'll QA it. And troubleshoot it. And lead an in-depth closeout meeting to make sure your team is ready to take the reins. Our end-to-end support ensures that your solution can do it all:
improve customer experience, increase efficiency and free up your team to focus on what really matters—your business.

Our IT consulting and professional services team — over 1,000 professionals strong — deploys out of 25 U.S. locations to deliver personal service that helps you understand and meet your business and technology needs. Maintaining top certifications from the likes of ITIL, HIPAA and Cisco, we have the expertise to roll out custom onsite and cloud solutions across diverse industries in the public and private sector.

1. Data Center Installation - Data center maintenance can quickly eat through your IT budget. Our data center upgrades can help you cut costs by replacing high-maintenanc e
har
dware with converged infrastructure and virtualized network and storage resources, on-premises or in the cloud.

2. Networking Services - With the proliferation of mobile devices and the Internet of Things, there's more traffic on your network than ever. Before you implement any new IT solution, our professional services team will assess the impact on your network bandwidth and recommend upgrades as needed.

3. Security Services- Security touches every layer of your network infrastructure and
r
equires a holistic defense strategy that aligns people, processes and policies. We pr
ioritize security in everything we do, but we also specialize in security assessments and overhauls to safeguard one of your most precious assets — your data.

4. Digital Workspace Services - As anytime, anywhere workplaces become the norm, your organization needs a control center for employee- and corporate-owned devices, as well as
tools for seamless collaboration. Our team will help you optimize your network for mobile workspaces and collaboration while prioritizing efficiency and security.

5. Cloud Services - Cloud applications reduce your dependence on high-maintenance hard
ware and help you mitigate risk by ensuring business continuity, fast disaster recovery and regulation compliance. Our IT consulting team can assess your needs and hel
p you select the right SaaS or IaaS apps and cloud solutions for your business.

6. IT Consulting Services- CDW’s Consultative Advisory Services can help your IT team prepare for the future. Our consultants have years of experience in IT direction, process improvement, governance and technology for cloud, IT operations and business continuity as well as mergers and acquisitions.

For more information please refer to:
https://www.cdw.com/content/services/professional-services/default.aspx

Presales Consulting Expertise
A unique advantage of CDW’s business model is that Region 4 ESC has access to an incomparable depth and breadth of value-added technical expertise. Your CDW Account Team includes highly trained presales specialists who are experts in areas of technology or for specific partner products. Your account manager engages these value-added resources to bring Region 4 ESC the best advice and

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technology solutions to meet your unique needs. Your account team coordinates meetings with Region 4 ESC and vendors to review future needs, standards, and roadmaps.

In addition, your account team has access to dedicated manufacturer representatives who are onsite at CDW’s sales offices to provide guidance and support
Technology Specialists
Our teams of technology specialists are highly trained and experienced in products and technologies including:
• Leasing and Finance
• Managed Print Services
• Mobility
• Networking
• P
ower and Cooling
• S
ecurity
• S
ervers and Storage
• S
oftware Licensing and Management
• Unified Communications/Collaboration
• Voice and Data
Presales Systems Engineers
CDW has a large team of more than 100 presales systems engineers who hold vendor-funded positions and provide presales support for that particular partner’s products. These experts assist with evaluating products based on your unique operational requirements and budgetary constraints. They review quotes for product compatibility, functionality, and compliance.

Solution Architects
Our teams of solution architects work closely with the vendor partners whose solutions they design.

They assess your environment and work with your IT staff to design plans for solutions that boost productivity and improve operational efficiencies. They are extremely knowledgeable about the latest technologies and have important insight regarding the pros and cons of different solutions.

Onsite Vendor Representatives
CDW has manufacturer and software publisher representatives who are onsite at our sales offices to assist account managers and specialists with requests for technology roadmaps and other information, and to provide training on an ongoing basis. CDW’s strong relationships facilitate presales consultation and timely notification regarding product changes and products going “end of life.” Ongoing Customer Support
CDW strives to provide outstanding customer support and resolve issues quickly so your organization will maintain a high level of productivity. While your account manager can generally handle most issues and concerns, our Technical Support, Customer Relations, and Site Support staffs are available to help.

CDW-G has customer relations representatives who are available to resolve post-sales inquiries from 7:00 a.m. until 9:00 p.m. CT, Monday through Friday. We service customers through phone support, email, and live chat.

Excellence in customer service is a top priority for CDW-G. We have many quality controls and metrics in place to ensure high quality standards across the organization. We track and monitor a variety of service metrics and ratios daily to ensure that we provide continuous, high-quality customer service. We

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make adjustments and evaluate process changes as needed when we see high volumes for particular types of issues.

B. D
escribe how supplier proposes to distribute the products/service nationwide. Include any states where products and services will not be offered under the Master Agreement, including U.S. Territories and O
utlying Areas.

We plan to offer IT goods and services to all areas noted in the OMNIA RFP Partners Advertising Compliance Requirement - Exhibit H. CDW•G serves the entire US (and Canada and the UK).

CDW has two large, strategically located distribution centers controlled by a state-of-the-art Warehouse Management System that ensures speed and accuracy throughout the order fulfillment and distribution processes. We have a 450,000-square-foot distribution center located at our headquarters in Vernon Hills, IL and a 513,000-square-foot distribution center located in North Las Vegas, Nevada. These locations facilitate quick distribution of products to our growing customer base throughout the country.

The Vernon Hills distribution center focuses on distributing products to customers east of the Mississippi River while the Las Vegas distribution center primarily serves the western part of the United States.

CDW holds of inventory, on
average, in our two CDW-owned
distribution centers that total almost
1M square feet. Our ISO 9001, 14001
and 28000 certified strategically
located distribution centers provide
speed, accuracy, and excellent
geographic coverage across the
United States. We have access to
more than 100,000 top brand-name
products from more than 1,000 leading
manufacturers.

Due to the size of our facilities that
span four levels of storage and three level picking modules, forklifts are required to stock and pick products as needed. Our product lineup includes desktops, notebooks, servers, peripherals, networking and communications equipment, software, accessories, plotters, network printers, desktop printers, and print supplies. CDW offers everything your IT operation could possibly need – from enterprise solutions to mouse pads.

We also have local distribution partners which can be utilized as necessary by OMNIA members. Some of these distributors have diverse certifications and can be accessed by OMNIA participating members.

C. Describe how Participating Agencies are ensured they will receive the Master Agreement pricing; include all distribution channels such as direct ordering, retail or in-store locations, through distributors, etc. Describe how Participating Agencies verify and audit pricing to ensure its compliance with the Master Agreement.

CDWG uses a hybrid distribution model including its 2 warehouses and variety of drop ship and distribution network to ensure delivery requirements.

R
egion 4 ESC Members can easily procure technology products and services at competitive discounts, CDW•G offers pricing in the same simplified, auditable model that members are familiar with on their current CDW•G agreements. CDWG Advertised pricing is publicly available 24/7 The CDW•G Program Management team uses custom contract management tools, which streamlines the process and

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D. I
dentify all other companies that will be involved in processing, handling or shipping the products/service to the
end user.

Distribution
Most of our IT products are processed and shipped from our two CDW warehouses described above.

These facilities have configuration capabilities such as asset tagging. We do contract with, as well, a network of fully vetted distributor partners for our customers to use as desired.

D
iverse Suppliers
Since 2007, CDW has been utilizing a network of OEMs, distributors, and service provider partners, which are comprised of small business and minority, women, veteran, and LGBQT- owned businesses.

These suppliers help our customers meet their diverse goals and needs.

S
hipment Carriers
CDW offer best in class freight solutions utilizing industry well known carriers such as FedEx Parcel, UPS Parcel, UPS Freight, FedEx Air Freight, CEVA LTL services (less than truckload) and local messenger services. All carriers are required to have the following:
• Un
iform Delivery Drivers
• On-line tracking
• P
erformance metrics that align with CDW’s requirements (on-time delivery and claims) • Logistics infrastructure to handle high volume shipper • Customer Service support 7 days a week, 24 hours a day • Required insurance coverage
• Statistical reporting to identify shipping characteristic changes • Security certifications such as TAPA (Technology Asset Protection Association), C-TPAT (Customs-Trade Partnership Against Terrorism)
• EDI capabilities – Tracking number and ASN updates
positions us to strictly adhere to the agreement. The Contract Editor tool is a major differentiator for CDW•G. It is a custom-built application that integrates with our internal tools to manage the following items:

Customer access to contract
Contract pricing
Contract shipping commitments
Contract fee compliance
The tool matches Region 4 ESC’s unique contract codes from a data pool of all CDW•G sales. We access this information to ensure pricing accuracy and timely report submission. Upon award, we will load the contract structure based on our product categories into our internal contract editor system which will then create a customer premium page with a distinct URL that will reflect the contracted price.

As with all of our contracts, the Region 4 ESC contract will be assigned a Program Management team led by a Program Manager who will ensure contract deliverables are met as well as maintain the correct contract price.

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• Ability to process quotes through high volume TMS (Transportation Management System) platform such as ConnectShip
C
arrier’s performance is monitored daily; each carrier receives a monthly report card that grades their performance based on key performance metrics that drive supply chain efficiency and the customer facing experience.

E
. Provide the number, size and location of Supplier’s distribution facilities, warehouses and retail network as applicable.

As noted above, CDW has two large strategically located distribution centers controlled by a state-of- the-art Warehouse Management System that ensures speed and accuracy throughout the order fulfillment and distribution processes. CDW has a 450,000-square-foot distribution center located at our headquarters in Vernon Hills, IL and a 513,000-square-foot distribution center located in North Las Vegas, Nevada. The Vernon Hills distribution center focuses on distributing products to customers east of the Mississippi River while the Las Vegas distribution center primarily serves the western part of the United States.

CDW holds $220M of inventory, on average, in our two CDW-owned distribution centers that total almost 1M square feet. Our ISO 9001, 14001 and 28000 certified strategically located distribution centers provide speed, accuracy, and excellent geographic coverage across the United States. We have access to more than 100,000 top brand-name products from more than 1,000 leading manufacturers.

CDW•G does not have a retail network.

Marketing and Sales (3.3)
A. Provide a detailed ninety-day plan beginning from award date of the Master Agreement describing the strategy to immediately implement the Master Agreement as supplier’s primary go to market strategy for P
ublic Agencies to supplier’s teams nationwide, to include, but not limited to:
i. Executive leadership endorsement and sponsorship of the award as the public sector go-to-market strategy within first 10 days
ii. Training and education of Supplier’s national sales force with participation from the Supplier’s executive leadership, along with the OMNIA Partners team within first 90 days We maintain an ecosystem of coworkers committed to successfully managing all aspects of a contract through its entire lifecycle. From our executive leadership to contract management, our coworkers will collaborate to customize a detailed yet effective plan to launch and grow this contract. CDW•G has a successful contract launch history where we focus on five areas of the contract which are: Intake, Set- Up & Compliance, Education, Measure and Growth. By focusing on these areas specifically, we launch contracts to the CDW•G teams with the most powerful and applicable details to optimize the success of this new agreement.

We bring leaders from across our public sector teams together with OMNIA Partners multiple times a year to review contract initiatives, joint goals, and customer feedback. Our ongoing effort in specific target accounts help increase contract utilization and drive contract adoption amongst non- participating agencies. We meet monthly to review the current state of the business and execution of our growth and marketing strategies.

C
DW•G’s leadership team is securely behind the growth and strategy of this program nationwide.

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Montebello City CouncilJanuary 10, 2024

Montebello City Council
January 10, 2024