By creating a solid social media content foundation, guests stay connected to our facilities, our people, our programs and promotions.
SOCIAL NETWORKING - CONTINUED
SOCIAL NETWORKING
11
SOCIAL NETWORKING
In addition to Centralized Campaigns, we teach and support our team s by providing suggested high engagement post ideas, creation and execution.
SOCIAL NETWORKING - CONTINUED
12
PROFESSIONAL DESIGN TOOLS
This online customization collateral tool gives facility managers unlimit ed access to over 14,000 designs and marketing graphics, all tailored to fit the facility brand with our robust portfolio. Design on Demand provide s powerful customization capabili ties, giving you ac cess to an online catalog of dynamic templates, events, promotions, celebrations and more!
PROFESSIONAL DESIGN TOOLS - DESIGN ON DEMAND
13
PROGRAMMING & EVENTS
We expand the appeal of our event programming beyond just serious golfer s. We still feature long running scra mble tournaments with attractive prizes but have also added shorter 9-hole tournaments focused on fun. P rograming needs to reach the non golfers too. We continue to invite the community to enjoy great experiences during events such as Movies on th e Green, Painting Classes, Wine T astings, Cooking Classes, Trivia Nights, Bingo and Workshops.
Events are managed through our proprietary event registration platform that captures data, allows for online transactions, targeted email message s and offers based on the customer’s prior event participation. Events ar e dynamically highlighted on the cou rse’s website, SEO optimized, and populate in an online event calendar.
PROGRAMING & EVENTS
• March Madness
• Cinco De Mayo
• Beers and Bogeys Series
• World’s Largest Golf Outing
• Oktoberfest
• Club Championship
• QB Scramble
• Turkey Shoot
• Frosty Cross Country
• Chili Classic
• Chocolate Invitational
• Irish Open
• Toys for Tots
• Gobbler Open
SUNDAY, OCT 24TH | 9AM SHOTGUN
QuarterbackScramble
14
OUTINGS AND GROUP SALES
Outings and Group Sales are expected to see a robust
resurgence in 2023 and beyond due to the cancellation of so many events in 2020 and 2021. Data suggests that organizers are ready to get together and celebrate in full force. Dedicated sales leaders will work with the facility to develop powerful strategies to attract and reboo k events of every type and size.
Regardless of who ultimately sells these properties, we are anticipating growth in golf outings for the Montebello.
In addition to focusing on booking our larger reoccurring group business, our lead generation campaigns will target groups looking for:
· Bachelor(ette) Parties
· Fantasy Drafts
· Small Groups starting at 12 players
· Charity Fundraisers
OUTINGS AND GROUP SALES
15
RATE & DYNAMIC PRICING
We will leverage data and business intelli gence reports to correctly pri ce the courses relative to the market, maximize any revenue opportunities, and continually search for day parts to drive rate.
Dynamic pricing of our online rates to generate the maximum revenue per hour allows our resident, me mberships and passes to offer the most competitive rates without sacrificing overall revenue. The data for how far in advance and at what rate the tee times sell informs our future pricing decisions.
Short term manual adjustments are made at the c ourse leaderships discretion using an auto mated competitive assessment report that scrapes publicly available tee time data for review.
RATE & DYNAMIC PRICING
16
RATE & DYNAMIC PRICING
Staying ahead of the competition means keeping tabs on what they are doing. Regarding rates: we deliver automated results to facility management directly to their inbox t racking the competitive facilitie s that they choose. With this infor mation our experienced staff can determine the best approach to ensure that our facilities are priced correctly to deliver both high utilization and top average rate.
RATE & DYNAMIC PRICING STRATEY
17
TROON GOLF CARDS
LOYALTY & REWARDS
We are firm believers in the power of an immersiv e brand experience. Montebello should be connected and recognizable. Troon will implement a new website, mobile app, tee time booking, and a Loyalty Card. We have bee n successful at implementing loyalty and rewards programs at many of our locations nationwide. Addition ally, Troon offers optional rewards/membership programs for our clients – attracting additional rounds from our large database of golfers regionally and nationally.
Some of our most successful Loyalty & Rewards opportunities are listed below. 18
DRIVING RANGE &
INSTRUCTION
Driving ranges, group and individual instruction are
the lifeblood of our facilities. They are the
cornerstone for a growing community and greatly
enhance the opportunity for guests of all levels to
become lifelong players.
We turn driving ranges into community gathering
centers by adding cutting edge technology,
programing and easy to reach food and beverage
options for the whole family to enjoy.
Group clinics, Get Golf Ready and First Tee
programs provide a strong foundation for new and
returning players to get the most out of their golfing
experience without fear or embarrassment.
DRIVING RANGE & INSTRUCTION
19
JUNIOR GOLF
We will leverage paid social campaigns along with email and display advertising to generate awareness of our Junior Camps. Data captured on the previous campers will provide the basis for a Facebook lookalike target audience. We found success in messages highlighting our relationship with the Professional Golf Association, who provide the administration, sign ups, payment processing and welcome kit to our junior campers, and will continue this relationship for 2023.
In addition to instruction, we have spe cial opportunities for juniors to play the golf courses at greatly reduced rates. Rental sets can be provided at little or no charge to enable all those interested to take up the game without this typical roadblock.
Junior golfers are our future long-term guests, and we ensure that our clubs offer them the opportuni ty to play in a supportive and encouraging atmosphere.
JUNIOR GOLF
20
APP ACQUISITION & ENGAGEMENT
Mobile owners will increase to over 7 billion by 2023, so having the ri ght platform to connect with them on their phone is critical. Gallus Golf is the leader in custom golf course apps and our preferred v endor. The features offered wi thin our apps are second to none and include:
• Booking Tee Times
• Virtual Caddie (GPS)
• Electronic Scoring
• Stats Tracker
• Loyalty, Rewards & Electronic Punch Card
• Offer Locker Specials
• Mobile Golf Shops
• On Tap Food & Beverage
• Push Notifications
• Club News and Updates
• Social Sharing
APP ACQUISITION & ENGAGEMENT
Home Screen Tee Times Virtual Caddie Offer Locker 21
We were early adopters of a dedicated golf course app custom built by our vendor, Gallus Golf. We have been able to grow this new communication channel with our most loyal golfers into an important revenue generating resource. The apps are a major source of customer information with thousands of emails captured and integrated to the larger database.
We will leverage the resurgence of QR codes using stickers on the golf cart steering wheels to generate awarenes s and new downloads each time our carts go out. Once golfers have the app dow nloaded, we drive engagement with monthly rotating app-only specials c overing golf, merchandise, food and beverages, events and programing. This stream of new offers gives us messaging for our thousands of app subscribers with p ush notifications enabled. These offers are also used as content for our social media and email channels to drive new downloads.
Another major app acquisition and engagement strategy we employ is to have a dedicated app booking engine with our best available rate. We use our tee time inventory to create a direct connection to the phones of our most loyal golfers. The app channel has no conversion fees, and the reduced rates relative to the other booking options are offset by the commissions third parties channels charge.
Staff at the golf shop counters and on the phone help reinforce the message that booking via the app is the best way to save on golf.
APP ACQUISITION & ENGAGEMENT
APP ACQUISITION & ENGAGEMENT
22
Our app push notifications will be a mix of holiday celebr ations, last minute tee time pushes, and information on programming and events.
APP CONTENT CALENDAR
APP CONTENT CALENDAR
23
We design and support the responsive
websites that our facilities utilize. These
designs focus on modernizing the look and
feel with a continued focus on conversion and
revenue generation through clear tee time
booking calls to actions, dynamic modules
that promote registrations for upcoming
events, and easier to navigate header for
quicker entry into pages.
Another benefit of these designs are to
maximize search engine optimization
(SEO). The new designs typically improved
site health by an average of 15% and will
reach a health score over 90%, which is
outstanding.
WEBSITE & ECOMMERCE
WEBSITE & ECOMMERCE
24
Creating a strong email marketing strategy helps you reach and connect with your target audience in a personalized way and increase sales at an affordable cost. Just as other platfo rms and media have changed, email marketing tools give your business the ability to reach customers easier than ever. Due to ou r strategic design and send technics, our facilities average over 35% open rates to public email databases and over 60% open rate to member groups.
EMAIL MARKETING
Why email?
• Connect with guests
• Reach guests in real time
• Tracking & Monitoring
• Collect feedback / Surveys
• Increase leads
• Drive ecommerce revenue
• Brand recognition
• Increase traffic to website
• Fill events and programs
• Get immediate results
• Stay top of mind
EMAIL MARKETING
25
Our email calendar will be specific for eac h property and combine like messages into one single email to maximize the click to open rates. By planning ahead and including m ultiple messages hitting the pro per databases we can generate greater engagement, driving improved results at our facilities.
EMAIL MARKETING
EMAIL MARKETING
26
MONITORING & REPORTING TECHNOLOGY
Analytics gained through tracking busines s efforts verify the validity of that stat ement by improving ROI. Tracking allows businesses to receive the most out of thei r spend, allow the alteration of practice s that do not work, enhance practices that do, and ultimately increase business potency and volume. With the end goal of a greater ROI. Below are some of the many live reporting tools available to our facility managers.
MONITORING & REPORTING TECHNOLOGY
• Booking Time Breakdown
• Channel Fee Type Breakdown
• Competitive Assessment
• Customer Segmentation
• Dynamic Pricing
• Fee Type by Hour
• Historical Performance
• Nominal Pricing
• NPS Score Tracking
• 3rd Party Grading
• Zip Code Heat Map
27
MONITORING & REPORTING TECHNOLOGY
Proprietary App – Optimize Revenue By Day Park & Day Category
MONITORING & REPORTING TECHNOLOGY
CUSTOMER INSIGHTS
Customer Segmentation
Cross-play Analysis
Zip Code Heat Map
PRICING OPTIMIZATION
• Nominal Pricing
• Auto-Pricing Analysis
• Third Party Grading
• Historical Performance
• Competitive Assessment
GOLF OFFER STRATEGY
Suite of Offers
28
MONITORING & REPORTING TECHNOLOGY
Proprietary App – Segmentation
MONITORING & REPORTING TECHNOLOGY
CUSTOMER INSIGHTS
Customer Segmentation
Cross-play Analysis
Zip Code Heat Map
29
MONITORING & REPORTING TECHNOLOGY
Proprietary App – Segmentation
MONITORING & REPORTING TECHNOLOGY
PRICING OPTIMIZATION
• Nominal Pricing
• Auto-Pricing Analysis
• Third Party Grading
• Historical Performance
• Competitive Assessment
30
Live dashboards provide instant access to th e important metrics that drive business. Or teams have access to the best information in order to make the best decisions for the business. Below are a few examples of the Compass Report, which as a web-based platform can be accessed anywhere the team happens to be.
MONITORING & REPORTING TECHNOLOGY
MONITORING & REPORTING TECHNOLOGY
31
IMPLEMENTATION & FOLLOW-UP
Now that our teams are prepared with the strat egy, support and tools to deliver great r esults, they will need to capitalize on all opportunities to maximize revenue and enhance the experienc e at Montebello. Our plan for Montebello is just the start – the regional and on-site teams will further enhance the plan, execute as appropriate and review as an ongoing approach to increase performances.
Some of our ways to ensure that are:
• Live Reporting
• Weekly Check-ins / Strategy Sessions
• Monthly Reports / Meetings
• Regular Facility Visits
• Annual Reports / Plans
• Revenue Playbook Planning
• Quarterly Centralize Campaign Review
• Monthly Operations Calls
• Ad Hoc Strategy Meetings
IMPLIMENTATION & FOLLOW-UP
32
88 WEEKLY CLIENT REPORT
Tri-Mountain Golf Course
Weekly Admin Report
Rounds & Revenue Performance
o The new cart fleet has been received by the guest and staff well and it has been a learning curve for the staff getting the new cart rotation into the daily routine. The beverage cart stopped working approximately 10 days ago. The starter motor is shot, and a replacements part was ordered. We are using a stand in gator for now with a modified cooler in the bed, but we are hoping to get the other beverage cart back into operation for this weekend, -Cart will foster enough
information to order an actual Bev-Cart for next year.
Member Rounds = 139 Prior Week = 78 Aug 2020 weekly avg. = 109 Outing Rounds = 0 Prior Week = 366 Aug 2020 weekly avg. = 99 Non-Member Rounds = 1,149 Prior Week = 1,107 Aug 2020 weekly avg. = 1,340 Green Fee / Cart Fee Revenue = $43,614 Prior Week = $39,830 Aug 2020 weekly avg. = $41,446 Range Revenue = $1,898 Prior Week = $3,653 Aug 2020 weekly avg. = $2,959 Merchandise Revenue = $3,249 Prior Week = $4,207 Aug 2020 weekly avg. = $2,783
Food and Beverage Sales
o $7,873 / $6.11 11,848 / $10.00 per round.
o Bev-Cart sales for the first full week of operation was $1,637/$1.11 per round during days of operation.
Product Update
o Course remains in high praise from guests via post round talks and guest surveys. Cooler weather of late has been giving the turf a break. Weather patterns are looking like a possible early fall. Greens remain fantastic. o Bunkers need sand and are becoming a regular topic in golfers discussions; this is the largest regular complaint.
Liners are showing in a multiple greenside bunkers. We continue to move the sand we have around to allow for play and prevent injury.
o The Superintendent and Regional Executive team continue to work towards a resolution for the irrigation system issues that arose from the current irrigation system company is out of business and no longer allowing for irrigation of the property. We cannot turn zones on and off remotely as that system no longer functions, so golfers are getting wet during their rounds in the afternoon.
o Due to COVID-19, we continue to follow the state and local recommendations. Mask mandates went into effect again in WA as of today.
Marketing / Programming Update
o With approximately 7 weeks left in the season the focus remains on closing out strong. There is also direction from myself for the team to start gather notes from the entire year and we will be doing our introspection evaluations for the year in the fall as well as performing CMAs to improve and to ensure we are competitively priced within the market.
o
o Troon Rewards
258 sign ups from Aug 16th thru Aug 22nd
Total sign ups thus far 652
1,834 points awarded from Aug 16th thru Aug 22nd
Total points awarded thus far 4,372
Personal goal remains to be the top ranked course in the west within 60 days.
Financial Numbers relative to March Budget
o Rounds Trending at 5,5775; 74 under budget (Forecasted via TRI Budget) o Revenue Trending at $274,092; $6,499 over budget (Forecasted via TRT Budget) o EBITDA Trending at -$20,641; $10,391 over budget (Forecasted via TRI Budget)
End of year EBITDA is forecasted to finish at $89,587 which is $53,733 ahead of plan (Forecasted via TRI Budget)
89 FINANCIAL REPORTING PACKET
Whisper Creek Golf Club, Huntley, IL
EXHIBIT “B”
Schedule of Compensation
CLUB INFO
Golf 36.28$ 37.01 $ 37.75 $ 38.50 $ 38.89 $ Retail 2.08$ 2.16 $ 2.25 $ 2.34 $ 2.43 $ Other 0.75$ 0.76 $ 0.78 $ 0.79 $ 0.83 $ TOTAL 39.11 $ 39.93 $ 40.77 $ 41.63 $ 42.14 $ TOTAL ROUNDS OF GOLF 65,000 66,300 67,626 68,979 68,979 336,883 Y E A R 12345 Y e a r s 1 t o 5
2024 2025 2026 2027 2028 TOTAL
REVENUES
Greens Fees 1,935,850$ 2,014,058$ 2,095,426 $ 2,180,082 $ 2,201,882 $ 10,427,298$ Pro Shop Sales 135,000$ 143,208$ 151,915 $ 161,151 $ 167,598 $ 758,872$ Other Golf Revenues (club rental, handicap, locker, bag storage) 48,750$ 50,700$ 52,728$ 54,837$ 57,031$ 264,046$ TOTAL REVENUE 2,542,100 $ 2,647,535 $ 2,757,397 $ 2,871,874 $ 2,907,072 $ 13,725,978 $
COST OF SALES
COGS - Pro Shop Merch. 70% 94,500$ 100,246$ 106,341 $ 112,806 $ 117,318 $ 531,210$ TOTAL COST OF SALES 94,500 $ 100,246 $ 106,341 $ 112,806 $ 117,318 $ 531,210 $ -------------- -------------- -------------- -------------- - ------------- -------------- GROSS INCOME 2,447,600 $ 2,547,290 $ 2,651,056 $ 2,759,068 $ 2,789,754 $ 13,194,768 $ LABOR Increase >> 3.0% 3.0% 3.0% 3.0%
Golf Operations Labor 369,309$ 380,388$ 391,800 $ 403,554 $ 415,660 $ 1,960,710$ Golf Course Maintenance Labor 516,671$ 532,171$ 548,136$ 564,580$ 581,518$ 2,743,077$ Total Direct Labor 885,980$ 912,559 $ 939,936 $ 968,134 $ 997,178 $ 4,703,787$ Total Payroll Taxes 84,168$ 86,693$ 89,294 $ 91,973 $ 94,732 $ 446,860$ Total Medical/Health Benefits 50,884$ 52,411$ 53,983 $ 55,602 $ 57,270 $ 270,150$ Insurance - Workers Comp 0.225797574 65,000$ 66,950$ 68,959$ 71,027$ 73,158$ 345,094$ TOTAL LABOR 1,086,032 $ 1,118,613 $ 1,152,171 $ 1,186,736 $ 1,222,338 $ 5,765,890 $ OTHER OPERATIONAL EXPENSES Increase >> 3.0% 3.0% 3.0% 3.0% Golf Operations Expense 25,420$ 16,183$ 16,668 $ 17,168 $ 17,683 $ 93,122$ General & Administrative Expense 181,977$ 169,936$ 175,034 $ 180,285 $ 185,694 $ 892,926$ Golf Course Maintenance Expense 377,609$ 368,937$ 387,505 $ 406,631 $ 426,329 $ 1,967,012$ Sales and Marketing Expense 46,900$ 48,307$ 49,756 $ 51,249 $ 52,786 $ 248,998$ Golf Cart Lease (Feeds from Golf Cart Lease Tab) 49,680$ 49,680$ 55,000 $ 55,000 $ 55,000 $ 264,360$ Equipment Lease - Existing JD - Ends 9/2025 88,200$ 44,100$ - $ - $ - $ 132,300$ New Equipment 200,000$ 60 Months 8% 48,660$ 48,660$ 48,660 $ 48,660 $ 48,660 $ 243,300$ Utilities -$ -$ - $ - $ - $ -$ Insurance - P and C 42,000$ 43,260$ 44,558$ 45,895$ 47,271 $ 222,984$ TOTAL OTHER OPERATIONAL EXPENSES 860,446 $ 789,063 $ 777,182 $ 804,887 $ 833,424 $ 4,065,002$ -------------- -------------- -------------- -------------- - ------------- -------------- TOTAL EXPENSES 1,946,478 $ 1,907,676 $ 1,929,353 $ 1,991,624 $ 2,055,762 $ 9,830,892 $ EBITDAR 501,122 $ 639,614 $ 721,704 $ 767,444 $ 733,991 $ 3,363,876$ CUMULATIVE EBITDAR 501,122 $ 1,140,736 $ 1,862,440 $ 2,629,884 $ 3,363,876 $ OPERATING MARGIN 20% 24% 26% 27% 25% 25%
MONTEBELLO
OUT YEAR PROFORMA
ITEM # 12
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: ADOPT RESOLUTION NO. 24-07 AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CALIFORNIA OFFICE OF EMERGENCY SERVICES
(OES) EMERGENCY OPERATIONS CENTER (EOC) GRANT
PROGRAM AGREEMENT
DATE: January 24, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Adopt Resolution No. 24-07 authorizing the City Manager to execute the California Office of Emergency Services (Cal OES) Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program Application; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The submission of the Resolution (Attachment B) and the FY 2023 Standard Assurances Emergency Operations Center Grant Program application (Attachment C) is a condition required by the Federal Emergency Management Agency (FEMA) which allows the City of Montebello to receive the previously awarded grant funds. There is no fiscal impact related to the recommended actions.
BACKGROUND/DISCUSSION:
In December 2022, Congresswoman Linda T. Sanchez voted to pass a government spending package that secured funding for community projects in her Congressional District. Congress appropriated funds to nineteen federal agencies for specific Community Project Funding/Congressionally Directed Spending provisions included in the Consolidated Appropriations Act, 2023. Eligible EOC projects were identified in the Joint Explanatory Statement accompanying the Consolidated Appropriations Act, 2023.
The Federal Emergency Management Agency (FEMA) released the FY 2023 EOC Grant Program Notice of Funding Opportunity (NOFO) on March 1, 2023. The California Office
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
of Emergency Services (Cal-OES) is the recipient of the Federal funding for this grant program.
On November 8, 2023, the City Council approved a sub-award to the City in the amount of $2,211,745 for the Public Safety Critical Communications Upgrade Project, and appropriated funds for their use. All activities funded by this sub-award must be completed within the performance period of June 1, 2023, to February 28, 2026. Staff have submitted various reports to secure funding including a formal investment justification (IJ) that addressed the proposed Emergency Operation Center (EOC) project and a required Environmental Planning and Historic (EHP) review. The formal subrecipient sub-award approval letter is attached for reference (Attachment A).
To complete the grant award process, the City is required to submit a Resolution (Attachment B) appointing an official authorized to approve the FY 2023 Standard Assurances Emergency Operations Center Grant Program form (Attachment C). The Resolution will authorize the City Manager to approve the grant program "Standard Assurances" form, as well as other required forms and documents related to the EOC grant award.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) under the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
SUMMARY:
Staff recommends that the City Council adopt Resolution No. 24-07 authorizing the City Manager to execute the Cal-OES Emergency Operations Center grant program agreement and any other related and necessary grant program forms and applications.
ATTACHMENT(S)
1. Attachment A - Cal OES Subaward Letter
2. Attachment B - Resolution - No. 24-07 - CALOES Grant (Draft)
3. Attachment C - FY 2023 EOC Standard Assurances MTB Final
NEXT STEPS:
N/A
ATTACHMENT A
ATTACHMENT B
RESOLUTION NO. 24-07
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AUTHORIZING THE CITY MANAGER
TO EXECUTE THE CALIFORNIA OFFICE OF EMERGENCY
SERVICES (CAL-OES) FOR FISCAL YEAR 2023 EMERGENCY
OPERATIONS CENTER (EOC) GRANT PROGRAM AGREEMENT ON
BEHALF OF THE CITY OF MONTEBELLO
RECITALS
WHEREAS, the City of Montebello ("City") desires to participate in the California Office of Emergency Services (Cal-OES) Fiscal Year 2023 Emergency Operations Center Grant Program funded through the California Office of Emergency Services (Cal-OES)
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. AUTHORITY. City Manager, Raul Alvarez, MPA and/or his designee, is hereby authorized on behalf of the City Council to submit the grant proposal, execute the California Office of Emergency Services (Cal-OES) Fiscal Year 2023 Emergency Operations Center Grant Program, in a final form approved by the City Attorney's Office, and finalize any other document reasonably-related to the funding contemplated herein, including any amendments thereof.
SECTION 2. ASSURANCES. FY 2023 Standard Assurances Emergency Operations Center Grant Program. The California Office of Emergency Services (Cal- OES) Fiscal Year 2023 Emergency Operations Center Grant Program funds received hereunder shall not be used to supplant expenditures controlled by this body.
SECTION 3. GRANT AGREEMENT. The City of Montebello agrees to abide by the terms and conditions of the California Office of Emergency Services (Cal-OES) Fiscal Year 2023 Emergency Operations Center Grant Program agreement as set forth by the Federal Emergency Management Agency (FEMA), Fiscal Year 2023 Emergency Operations Center (EOC) Grant Program as a Sub award from the California Office of Emergency Services (Cal-OES), attached hereto in substantial form.
SECTION 4. EFFECTIVE DATE. This Resolution shall take effect immediately upon its adoption by the City Council and the City Clerk shall certify to the passage and adoption of this resolution.
RESOLUTION NO. 24-07
APPROVED AND ADOPTED THIS 24th DAY OF JANUARY 2024.
_______________________________
Scarlet Peralta, Mayor
ATTEST:APPROVED AS TO FORM:
________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 24-07 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meeting of said Council held on the 24th day of January 2024 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE:
Christopher Jimenez, City Clerk
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
As the duly authorized representative of the Applicant, I hereby certify that the Applicant has the legal authority to apply for federal assistance and the institutional, managerial and financial capability (including funds sufficient to pay any non-federal share of project cost) to ensure proper planning, management, and completion of the project described in this application, within prescribed timelines.
The requirements outlined in these assurances apply to Applicant and any of its subrecipients.
I further acknowledge that the Applicant is responsible for reviewing and adhering to all requirements within the:
(a) Applicable Federal Regulations (see below);
(b) Federal Program Notice of Funding Opportunity (NOFO); (c) Federal Preparedness Grants Manual;
(d) California Supplement to the NOFO; and
(e) Federal and State Grant Program Guidelines.
Federal Regulations
G
overnment cost principles, uniform administrative requirements, and audit requirements for federal grant programs are set forth in Title 2, Part 200 of the Code of Federal Regulations (C.F.R.). Updates are issued by the Office of Management and Budget (OMB) and can be found at http://www.whitehouse.gov/omb/.
I
n the event Cal OES determines that changes are necessary to the subaward after a subaward has been made, including changes to period of performance or terms and conditions, Applicants will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate Applicant acceptance of the changes to the subaward.
State
and federal grant award requirements are set forth below. The Applicant hereby agrees to comply with the following:
1. Proof of Authority
The Applicant will obtain proof of authority from the city council, governing board, or authorized body in support of this project. This written authorization must specify that the Applicant and the city council, governing board, or authorized body agree:
(a) To provide all matching funds required for the grant project and that any cash match will be appropriated as required;
ATTACHMENT C
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
(b) Any liability arising out of the performance of this agreement shall be the responsibility of the Applicant and the city council, governing board, or authorized body;
(c) Grant funds shall not be used to supplant expenditures controlled by the city council, governing board, or authorized body;
(d) The Applicant is authorized by the city council, governing board, or authorized body to apply for federal assistance, and possesses the institutional, managerial and financial capability (including funds sufficient to pay the non-federal share of project cost, if any) to ensure proper planning, management and completion of the project described in this application; and
(e) The official executing this agreement is authorized by the Applicant.
This Proof of Authority must be maintained on file and readily available upon request.
2. Period of Performance
The period of performance is specified in the Award. The Applicant is only authorized to perform allowable activities approved under the Award, within the period of performance.
3. Lobbying and Political Activities
As required by Section 1352, Title 31 of the United States Code (U.S.C.), for persons entering into a contract, grant, loan, or cooperative agreement from an agency or requests or receives from an agency a commitment providing for the United States to insure or guarantee a loan, the Applicant certifies that:
(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
(c) The Applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
The Applicant will also comply with provisions of the Hatch Act (5 U.S.C. §§ 1501-1508 and §§ 7324-7328) which limit the political activities of employees whose principal employment activities are funded in whole or in part with federal funds.
Finally, the Applicant agrees that federal funds will not be used, directly or indirectly, to support the enactment, repeal, modification or adoption of any law, regulation or policy without the express written approval from the California Governor’s Office of Emergency Services (Cal OES) or the federal awarding agency.
4. Debarment and Suspension
As required by Executive Orders 12549 and 12689, and 2 C.F.R. § 200.214 and codified in 2 C.F.R. Part 180, Debarment and Suspension, the Applicant will provide protection against waste, fraud, and abuse by debarring or suspending those persons deemed irresponsible in their dealings with the federal government. The Applicant certifies that it and its subrecipients:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this application been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (4)(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transaction (federal, state, or local) terminated for cause or default.
Where the Applicant is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this application.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
5. Non-Discrimination and Equal Employment Opportunity
The Applicant will comply with all state and federal statutes relating to non- discrimination, including:
(a) Title VI of the Civil Rights Act of 1964 (Public Law (P.L.) 88-352 and 42 U.S.C. § 2000d et. seq.) which prohibits discrimination on the basis of race, color, or national origin and requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services;
(b) Title IX of the Education Amendments of 1972, (20 U.S.C. §§ 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex in any federally funded educational program or activity;
(c) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794), which prohibits discrimination against those with disabilities or access and functional needs; (d) Americans with Disabilities Act (ADA) of 1990 (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability and requires buildings and structures be accessible to those with disabilities and access and functional needs;
(e) Age Discrimination Act of 1975, (42 U.S.C. §§ 6101-6107), which prohibits discrimination on the basis of age;
(f) Public Health Service Act of 1912 (42 U.S.C. §§ 290 dd—2), relating to confidentiality of patient records regarding substance abuse treatment; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), relating to nondiscrimination in the sale, rental or financing of housing as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201); (h) Executive Order 11246, which prohibits federal contractors and federally assisted construction contractors and subcontractors, who do over $10,000 in Government business in one year from discriminating in employment decisions on the basis of race, color, religion, sex, sexual orientation, gender identification or national origin;
(i) Executive Order 11375, which bans discrimination on the basis of race, color, religion, sex, sexual orientation, gender identification, or national origin in hiring and employment in both the United States federal workforce and on the part of government contractors;
(j) California Public Contract Code § 10295.3, which prohibits discrimination based on domestic partnerships and those in same sex marriages;
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
(k) Department of Homeland Security (DHS) policy to ensure the equal treatment of faith-based organizations, under which the Applicant must comply with equal treatment policies and requirements contained in 6 C.F.R. Part 19; (l) The Applicant will comply with California’s Fair Employment and Housing Act (FEHA) (California Government Code §§12940-12957), as applicable. FEHA prohibits harassment and discrimination in employment because of ancestry, familial status, race, color, religious creed (including religious dress and grooming practices), sex (which includes pregnancy, childbirth, breastfeeding and medical conditions related to pregnancy, childbirth or breastfeeding), gender, gender identity, gender expression, sexual orientation, marital status, national origin, mental and physical disability, reproductive health decision making (effective January 1, 2023), genetic information, medical condition, age, pregnancy, denial of medical and family care leave, or pregnancy disability leave, military and veteran status, and/or retaliation for protesting illegal discrimination related to one of these categories, or for reporting patient abuse in tax supported institutions;
(m) Any other nondiscrimination provisions in the specific statute(s) under which application for federal assistance is being made; and
(n) The requirements of any other nondiscrimination statute(s) that may apply to this application
.
6. Drug-Free Workplace
As required by the Drug-Free Workplace Act of 1988 (41 U.S.C. § 701 et seq.), the Applicant certifies that it will maintain a drug-free workplace and a drug-free awareness program as outlined in the Act.
7. Environmental Standards
The Applicant will comply with state and federal environmental standards, including:
(a) California Environmental Quality Act (CEQA) (California Public Resources Code §§ 21000- 21177), to include coordination with the city or county planning agency;
(b) CEQA Guidelines (California Code of Regulations, Title 14, Division 6, Chapter 3, §§ 15000- 15387);
(c) Federal Clean Water Act (CWA) (33 U.S.C. § 1251 et seq.), which establishes the basic structure for regulating discharges of pollutants into the waters of the United States and regulating quality standards for surface waters; (d) Federal Clean Air Act of 1955 (42 U.S.C. § 7401) which regulates air emissions from stationary and mobile sources;
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
(e) Institution of environmental quality control measures under the National Environmental Policy Act (NEPA) of 1969 (P.L. 91-190); the Council on Environmental Quality Regulations for Implementing the Procedural Provisions of NEPA; and Executive Order 12898 which focuses on the environmental and human health effects of federal actions on minority and low-income populations with the goal of achieving environmental protection for all communities;
(f) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988;
(g) Executive Order 11514 which sets forth national environmental standards; (h) Executive Order 11738 instituted to assure that each federal agency empowered to enter into contracts for the procurement of goods, materials, or services and each federal agency empowered to extend federal assistance by way of grant, loan, or contract shall undertake such procurement and assistance activities in a manner that will result in effective enforcement of the Clean Air Act and the Federal Water Pollution Control Act Executive Order 11990 which requires preservation of wetlands;
(i) The Safe Drinking Water Act of 1974, (P.L. 93-523); (j) The Endangered Species Act of 1973, (P.L. 93-205);
(k) Assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.);
(l) Conformity of Federal Actions to State (Clear Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); and
(m) Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system.
The Applicant shall not be: (1) in violation of any order or resolution promulgated by the State Air Resources Board or an air pollution district; 2) subject to a cease-and- desist order pursuant to section13301 of the California Water Code for violation of waste discharge requirements or discharge prohibitions; or 3) determined to be in violation of federal law relating to air or water pollution.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
8. Audits
For subrecipients expending $750,000 or more in federal grant funds annually, the Applicant will perform the required financial and compliance audits in accordance with the Single Audit Act Amendments of 1996 and C.F.R., Part 200, Subpart F Audit Requirements.
9. Cooperation and Access to Records
The Applicant must cooperate with any compliance reviews or investigations conducted by DHS. In accordance with 2 C.F.R. § 200.337, the Applicant will give the awarding agency, the Comptroller General of the United States and, if appropriate, the state, through any authorized representative, access to and the right to examine all records, books, papers, or documents related to the award. The Applicant will require any subrecipients, contractors, successors, transferees and assignees to acknowledge and agree to comply with this provision.
10. Conflict of Interest
The Applicant will establish safeguards to prohibit the Applicant’s employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or personal gain.
11. Financial Management
False Claims for Payment - The Applicant will comply with 31 U.S.C §§ 3729-3733 which sets forth that Applicant shall not submit a false claim for payment, reimbursement or advance.
12. Reporting - Accountability
The Applicant agrees to comply with applicable provisions of the Federal Funding Accountability and Transparency Act (FFATA) (P.L. 109-282), including but not limited to (a) the reporting of subawards obligating $30,000 or more in federal funds, and (b) executive compensation data for first-tier subawards as set forth in 2 C.F.R. Part 170, Appendix A. The Applicant also agrees to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A.
13. Whistleblower Protections
The Applicant also must comply with statutory requirements for whistleblower protections at 10 U.S.C. § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. § 4304 and § 4310.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
14. Human Trafficking
The Applicant will comply with the requirements of Section 106(g) of the Trafficking Victims Protection Act of 2000, as amended (22 U.S.C. § 7104) which prohibits the Applicant or its subrecipients from: (1) engaging in trafficking in persons during the period of time that the award is in effect; (2) procuring a commercial sex act during the period of time that the award is in effect; (3) using forced labor in the performance of the award or subawards under the award.
15. Labor Standards
The Applicant will comply with the following federal labor standards:
(a) The Davis-Bacon Act (40 U.S.C. §§ 276a to 276a-7), as applicable, and the Copeland Act (40 U.S.C. § 3145 and 18 U.S.C. § 874) and the Contract Work Hours and Safety Standards Act (40 U.S.C. §§ 327-333), regarding labor standards for federally-assisted construction contracts or subcontracts, and (b) T he Federal Fair Labor Standards Act (29 U.S.C. § 201 et seq.) as they apply to employees of institutes of higher learning (IHE), hospitals and other non-profit organizations.
16. Worker’s Compensation
The Applicant must comply with provisions which require every employer to be insured to protect workers who may be injured on the job at all times during the performance of the work of this Agreement, as per the workers compensation laws set forth in California Labor Code §§ 3700 et seq.
17. Property-Related
If applicable to the type of project funded by this federal award, the Applicant will:
(a) Comply with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646) which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of federal or federally-assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of federal participation in purchase;
(b) C omply with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires federal award subrecipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more;
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
(c) Assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470), Executive Order 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §469a-1 et seq.); and
(d) C omply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. § 4831 and 24 CFR Part 35) which prohibits the use of lead-based paint in construction or rehabilitation of residence structures.
18. Certifications Applicable Only to Federally-Funded Construction Projects For all construction projects, the Applicant will:
(a) Not dispose of, modify the use of, or change the terms of the real property title or other interest in the site and facilities without permission and instructions from the awarding agency. Will record the federal awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the project;
(b) Comply with the requirements of the awarding agency with regard to the drafting, review and approval of construction plans and specifications; and (c) Provide and maintain competent and adequate engineering supervision at the construction site to ensure that the complete work conforms with the approved plans and specifications and will furnish progressive reports and such other information as may be required by the assistance awarding agency or State.
19. Use of Cellular Device While Driving is Prohibited
The Applicant is required to comply with California Vehicle Code sections 23123 and 23123.5. These laws prohibit driving motor vehicle while using an electronic wireless communications device to write, send, or read a text-based communication. Drivers are also prohibited from the use of a wireless telephone without hands-free listening and talking, unless to make an emergency call to 911, law enforcement, or similar services.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
20. California Public Records Act and Freedom of Information Act The Applicant acknowledges that all information submitted in the course of applying for funding under this program, or provided in the course of an entity’s grant management activities that are under federal control, is subject to the Freedom of Information Act (FOIA), 5 U.S.C. § 552, and the California Public Records Act, California Government Code §7920.000 et seq. The Applicant should consider these laws and consult its own State and local laws and regulations regarding the release of information when reporting sensitive matters in the grant application, needs assessment, and strategic planning process.
21. Acknowledgment of Federal Funding from DHS
The Applicant must acknowledge its use of federal funding when issuing statements, press releases, requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.
22. Activities Conducted Abroad
The Applicant must ensure that project activities carried on outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
23. Best Practices for Collection and Use of Personally Identifiable Information (PII) DHS defines personally identifiable information (PII) as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. If the Applicant collects PII, the Applicant is required to have a publicly-available privacy policy that describes standards on the usage and maintenance of PII it collects. The Applicant may refer to the DHS Privacy Impact Assessments: Privacy Guidance and Privacy template as a useful resource.
24. Copyright
The Applicant must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of United States Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
25. Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies, to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions, or for other reasons. However, these prohibitions would not preclude the Applicant from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions.
26. Energy Policy and Conservation Act
The Applicant must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.
27. Federal Debt Status
The Applicant is required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular A-129.
28. Fly America Act of 1974
The Applicant must comply with Preference for United States Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B- 138942.
29. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, the Applicant must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225a.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
30. Non-supplanting Requirement
If the Applicant receives federal financial assistance awards made under programs that prohibit supplanting by law, the Applicant must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non-federal sources.
31. Patents and Intellectual Property Rights
Unless otherwise provided by law, the Applicant is subject to the Bayh-Dole Act, Pub.
L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. The Applicant is subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.
32. SAFECOM
If the Applicant receives federal financial assistance awards made under programs that provide emergency communication equipment and its related activities, the Applicant must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.
33. Terrorist Financing
The Applicant must comply with Executive Order 13224 and United States law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. The Applicant is legally responsible to ensure compliance with the Order and laws.
34. Reporting of Matters Related to Recipient Integrity and Performance If the total value of the Applicant’s currently active grants, cooperative agreements, and procurement contracts from all federal assistance offices exceeds $10,000,000 for any period of time during the period of performance of this federal financial assistance award, the Applicant must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
35. USA Patriot Act of 2001
The Applicant must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175-175c.
36. Use of DHS Seal, Logo, and Flags
The Applicant must obtain permission from their DHS Financial Assistance Office, prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.
37. Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon the Applicant and flow down to subrecipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.
38. Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
The Applicant must comply with the “Build America, Buy America” Act (BABAA), enacted as part of the Infrastructure Investment and Jobs Act and Executive Order 14005. Applicants receiving a federal award subject to BABAA requirements may not use Federal financial assistance funds for infrastructure projects unless:
(a) All iron and steel used in the project are produced in the United States – this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (b) All manufactured products used in the project are produced in the United States – this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
(c) All construction materials are manufactured in the United States – this means that all manufacturing processes for the construction material occurred in the United States.
The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. It does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a “Buy America” preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project.
Per section 70914(c) of BABAA, FEMA may waive the application of a "Buy America" preference under an infrastructure program in certain cases.
39. Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Applicant State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of Executive Order 14074 and are encouraged to adopt and enforce policies consistent with Executive Order 14074 to support safe and effective policing.
FY 2023 Standard Assurances
Emergency Operations Center Grant Program
IMPORTANT
The purpose of these assurances is to obtain federal and state financial assistance, including any and all federal and state grants, loans, reimbursement, contracts, etc. The Applicant recognizes and agrees that state financial assistance will be extended based on the representations made in these assurances. These assurances are binding on the Applicant, its successors, transferees, assignees, etc. as well as any of its subrecipients.
Failure to comply with any of the above assurances may result in suspension, termination, or reduction of grant funds.
All appropriate documentation, as outlined above, must be maintained on file by the Applicant and available for Cal OES or public scrutiny upon request. Failure to comply with these requirements may result in suspension of payments under the grant or termination of the grant or both and the Applicant may be ineligible for award of any future grants if Cal OES determines that the Applicant: (1) has made false certification, or (2) violates the certification by failing to carry out the requirements as noted above.
All of the language contained within this document must be included in the award documents for all subawards at all tiers. Applicants are bound by the DHS Security Standard Terms and Conditions 2023, Version 2, hereby incorporated by reference, which can be found at: https://www.dhs.gov/publication/fy15-d hs-standard-terms-and- conditions.
The undersigned represents that he/she is authorized to enter into this agreement for and on behalf of the Applicant.
Applicant: Fernando Peláez, Fire Chief
Signature of Authorized Agent:
Printed Name of Authorized Agent: Raul Alvarez
Title: City Manager Date: 1/24/2024
ITEM # 13
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE SUBMISSION OF AN APPLICATION TO THE FEDERAL
EMERGENCY MANAGEMENT AGENCY (FEMA) GRANT PROGRAMS
DIRECTORATE (GPD) FISCAL YEAR 2023 ASSISTANCE TO
FIREFIGHTER GRANT PROGRAM (AFG)
DATE: January 24, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve submission of a grant application to the Federal Emergency Management Agency (FEMA) Grant Programs Directorate (GPD) Fiscal Year 2023 Assistance to Firefighters Grant (AFG) Grant; and
2. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The Department of Homeland Security (DHS) Federal Emergency Management Agency (FEMA) Fiscal Year 2023 Assistance to Firefighters Grant (AFG) Program will open a funding opportunity early this year to submit a competitive grant application. Depending on the scope of the project, the City funds are for an approximately one (1) year project.
If a grant is awarded and once the amount is determined, staff will return to the City Council with a request to appropriate the funds. The City was successful in receiving an AFG award in 2022 for $183,000 that was utilized for preparing a comprehensive risk assessment.
BACKGROUND/DISCUSSION:
The Fiscal Year 2023 Assistance to Firefighters Grant (AFG) Program is one of three grant programs that constitute the Department of Homeland Security (DHS) Federal Emergency Management Agency’s (FEMA’s) focus on enhancing the safety and well- being of the public and firefighters. Since 2001, AFG has helped firefighters and other first responders obtain critically needed equipment, protective gear, emergency vehicles,
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
training and other resources necessary for protecting the public and emergency personnel from fire and related hazards. The AFG Program provides financial assistance directly to eligible fire departments, nonaffiliated emergency medical service (EMS) organizations, and State Fire Training Academies (SFTAs) for critical training and equipment. As of September 20, 2023, FEMA has made 1,708 awards totaling $324 million in grant funding to provide critically needed resources that equip and train emergency personnel to recognized standards, enhance operational efficiencies, foster interoperability, and support community resilience.
In 2022, the City of Montebello Fire Department submitted a grant proposal for the Assistance to Firefighters Grant (AFG) Program and was awarded a total of $183,848 for Fiscal Year 2022-23. This funding provided the ability to conduct for the first time in the Department’s history the Fire Department Standards of Cover and Comprehensive Risk Assessment (March 2023). The City's grant proposal under this new round of funding would seek funding for Self-Contained Breathing Apparatus, required fire equipment, and vehicle acquisition. The additional funding would provide much-needed operational infrastructure to support the Fire Department’s overall strategic goals in delivering services to the community.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) under the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
SUMMARY:
That the City Council approve submission of a grant proposal application for the Federal Emergency Management Agency (FEMA), Fiscal Year 2023 Assistance to Firefighters Grant (AFG) Program.
ATTACHMENT(S)
None
NEXT STEPS:
N/A
ITEM # 14
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVE SUBMISSION OF A GRANT PROPOSAL APPLICATION
FOR THE LISTOS CALIFORNIA (LC) COMMUNITY EMERGENCY
RESPONSE TEAM (CERT) SUPPORT GRANT PROGRAM
ADMINSITERED BY THE CALIFORNIA OFFICE OF EMERGENCY
SERVICES (Cal-OES)
DATE: January 24, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve the submission of a grant proposal application to the California Office of Emergency Services (Cal-OES) for the Listos California (LC) Community Emergency Response Team (CERT) Support Grant Program ; and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The California Office of Emergency Services (Cal-OES) has a funding opportunity to submit a competitive grant application. The grant was released on January 8, 2024, and applications are due March 4, 2024. Depending on the scope of the project, the City could potentially receive up to $500,000 from the Listos California (LC) Community Emergency Response Team Support Grant Program. This funding opportunity has no local matching funds requirement. If a grant is awarded and once the award amount is determined, staff will return to the City Council with a request to appropriate the funds.
BACKGROUND/DISCUSSION:
The purpose of the Listos California (LC) Community Emergency Response Team (CERT) Support Grant Program is to provide funding to new and existing CERT programs. The funding is designed to support projects that help prepare vulnerable and
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
underserved populations including: providing CERT training in languages other than English, providing CERT training to underserved populations that are at high risk for disasters, providing accommodations for training participants that have access or functional needs such as English as a Second Language (ESL) interpretation and building capacity to respond to disasters.
As part of the Montebello Fire Department’s Strategic Plan and Emergency Operation Management Goals, as well as identified as a potential effort for community engagement in the Standards of Cover and Comprehensive Risk Assessment, the Community Emergency Response Team (CERT) allows community engagement, with a focus on fire safety and community wellness in the event of a disaster. The goal is to develop a plan to include various community stakeholders: Adventist White Memorial Hospital, skilled nursing Facilities, Montebello Unified School District, City departments, etc.
The objective of the Montebello Community Emergency Response Team (CERT) program is to provide education to volunteers about disaster preparedness for the hazards that may occur where they live. The Montebello CERT program trains volunteers in basic disaster response skills such as:
• Fire safety
• Light search and rescue
• Team organization
• Disaster medical operations
The Montebello Fire Department is seeking to submit a grant proposal for funding that will be used towards the implementation of the CERT Program. Once the proposed focus area is identified, the Department will be applying under the appropriate category based on specific grant guidelines. The additional funding resources would provide much- needed start-up resources for developing the infrastructure to support the Fire Department’s overall strategic goals in delivering the CERT Program as a way of increasing protection and preventive services within the community.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) under the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
ANALYSIS:
N/A
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
SUMMARY:
That the City Council approve submission of the grant proposal application to the California Office of Emergency Services (Cal-OES) for the Listos California (LC) Community Emergency Response Team (CERT) Support Grant.
ATTACHMENT(S)
1. Attachment A - FY2023 Listos CERT Support RFP
NEXT STEPS:
N/A
GAVIN NEWSOM
GOVERNOR
NANCY WARD
DIRECTOR
3650 SCHRIEVER AVENUE, MATHER, CA 95655
CalOES Website
REQUEST FOR PROPOSAL
The California Governor’s Office of Emergency Services (Cal OES) is soliciting proposals for the following program:
LISTOS CALIFORNIA CERT SUPPORT GRANT (LC) PROGRAM
Release Date: January 8, 2024
This Request for Proposal (RFP) provides detailed information and forms necessary to prepare a proposal for Cal OES grant funds. The terms and conditions of this RFP supersede previous RFPs and conflicting provisions stated in the Subrecipient Handbook (SRH).
PROGRAM SYNOPSIS
Description:
The purpose of the Listos California CERT Support Grant (LC) Program is to provide funding to new and existing CERT programs to support projects that help prepare vulnerable and underserved populations including: providing CERT training in languages other than English, providing CERT training to underserved and/or populations that are at high risk for disasters, providing accommodations for training participants that have access or functional needs, such as English as a Second Language (ESL) interpretation, and building capacity to respond to disasters.
Eligibility:
The only eligible Applicants are California Community Emergency Response Team (CERT) programs that are registered through the Federal Emergency Management Agency (FEMA) website as an existing CERT Program, new CERT Programs approved by the California State CERT Administrator, CERT Program Sponsoring Agencies or a fiscal agent representing a CERT Program.
Grant Subaward Performance Period:
June 1, 2024 – December 31, 2025
Available Funding:
There is approximately $500,000 in State General Funds available for the Program. Applicants may apply for up to $25,000.
Submission Deadline:
Monday, March 04, 2024
ATTACHMENT A
LISTOS CALIFORNIA CERT SUPPORT GRANT (LC) PROGRAM RFP
TABLE OF CONTENTS
PART I – OVERVIEW ........................................................................................................ 1 A. PUBLIC RECORDS ACT NOTICE ........................................................................... 1 B. CONTACT INFORMATION .................................................................................... 1 C. SUBMISSION DEADLINE AND REQUIREMENTS ..................................................... 1 D. ELIGIBILITY ............................................................................................................. 2 E. GRANT SUBAWARD PERFORMANCE PERIOD ..................................................... 3 F. FUNDING INFORMATION ..................................................................................... 3 G. PROGRAMMATIC INFORMATION ....................................................................... 3 PART II – RFP INSTRUCTIONS .......................................................................................... 8 A. SUBRECIPIENT HANDBOOK .................................................................................. 8 B. PROPOSAL FORMS ............................................................................................... 8
1. Grant Subaward Face Sheet (Cal OES Form 2-101) ................................... 8
2. Grant Subaward Contact Information (Cal OES Form 2-102) ................... 9
3. Grant Subaward Signature Authorization (Cal OES Form 2-103)............... 9
4. Grant Subaward Certification of Assurance of Compliance (Cal OES Forms 2-104) ......................................................................................................... 9
5. Grant Subaward Budget Pages (Cal OES Form 2-106b) ............................ 9
6. Grant Subaward Budget Narrative (Cal OES Form 2-107) ....................... 12
7. Grant Subaward Programmatic Narrative (Cal OES Form 2-108) ........... 12
8. Subrecipient Grants Management Assessment ........................................ 13
9. Grant Subaward Service Area Information (Cal OES Form 2-154) .......... 13 C. ADMINISTRATIVE REQUIREMENTS ...................................................................... 15 PART III – SELECTION AND FINALIZING THE GRANT SUBAWARD ............................... 16 A. SELECTION OF PROPOSAL FOR FUNDING ........................................................ 16
1. Proposal Rating ............................................................................................ 16
2. Funding Decision .......................................................................................... 16
3. Notification Process ..................................................................................... 17 B. FINALIZING THE GRANT SUBAWARD.................................................................. 17
1. Grant Subaward Application ..................................................................... 17
2. Grant Subaward ........................................................................................... 18
3. Standard Grant Subaward Funding Authority .......................................... 18 PART IV – RATING SHEET .............................................................................................. 20 PART V – CHECKLIST .................................................................................................... 23
LISTOS CALIFORNIA CERT SUPPORT GRANT (LC) PROGRAM RFP
Cal OES FY 23-24 Page 1 Part I
PART I – OVERVIEW
A. PUBLIC RECORDS ACT NOTICE
B. CONTACT INFORMATION
C. SUBMISSION DEADLINE AND REQUIREMENTS
D. ELIGIBILITY
E. GRANT SUBAWARD PERFORMANCE PERIOD
F. FUNDS
G. PROGRAMMATIC INFORMATION
A. PUBLIC RECORDS ACT NOTICE
Proposals are subject to the California Public Records Act, Government Code Section 7920.000, et seq. Do not put any personally identifiable information or private information on this proposal. If you believe that any of the information you are putting on this proposal is exempt from the Public Records Act, please indicate what portions of the proposal and the basis for the exemption. Your statement that the information is not subject to the Public Records Act will not guarantee that the information will not be disclosed.
B. CONTACT INFORMATION
Questions concerning this RFP, the proposal process, or programmatic issues must be submitted in writing by email to [email protected] .
Cal OES staff cannot assist the Applicant with the actual preparation of their proposal. Cal OES can only respond to technical questions about the RFP during the period of time between the publication date and completion of the RFP process.
C. SUBMISSION DEADLINE AND REQUIREMENTS
One proposal must be emailed to [email protected] by 5:00 pm,
PST, on Monday, March 04, 2024. Proposals must be attached as a single document (e.g., PDF) and contain the forms outlined in Part II - RFP Instructions. Emails should identify the name of the RFP in the Subject line.
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Cal OES FY 23-24 Page 2 Part I
D. ELIGIBILITY
1. Eligibility to Compete for Funding
For a proposal to be eligible to compete for funding (i.e., read and rated) all the following conditions must be met:
• The Applicant must be registered through the FEMA website as an existing CERT Program, a new CERT Program approved by the California State CERT Administrator, a CERT Program Sponsoring Agency or a fiscal agent representing a CERT Program.
For new CERT Programs, an approval letter from the California State CERT Administrator must be included in the grant submission packet.
• The Applicant must be conducting classroom-based, instructor-led, CERT training based on the 20-hour FEMA curriculum, incorporating all nine modules and all hands-on exercises (e.g., fire suppression, medical triage, cribbing), including a disaster simulation drill, or utilizing the approved CERT Training curriculum. If an Applicant is in a county where classroom-based training has not resumed, utilizing the Hybrid CERT training will suffice. The Hybrid CERT training can be taken for free on the
Cal OES CSTI Learning Management System;
Be Ready – Train CSTI.
• The proposal must be submitted per the instructions in Part I, Subpart C. SUBMISSION DEADLINE AND REQUIREMENTS.
Please Note: proposals that do not meet the above requirements will be disqualified and not read and rated.
2. Eligibility for Funding Consideration
For a proposal to be considered it must receive a minimum score of 50% of available points on the Rating Sheet (Part IV).
Only one proposal per Applicant will be eligible to receive funding. If an Applicant submits more than one proposal, only the highest scoring proposal, meeting the criteria above, will be considered for funding.
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Cal OES FY 23-24 Page 3 Part I
3. Eligibility to Receive Funding
If selected, the following must be completed within 60 days of receiving the Intent to Fund letter to be eligible to receive funding.
Applicants:
• Must be registered with the California Department of Justice’s Registry of Charitable Trusts with a “current,” “exempt,” or “pending” status must be registered with the California Department of Justice’s Registry of Charitable Trusts with a “current,” “exempt,” or “pending” status.
E. GRANT SUBAWARD PERFORMANCE PERIOD
The Grant Subaward performance period is June 1, 2024 – December 31, 2025.
F. FUNDING INFORMATION
There is $500,000 available for the LC Program for the Grant Subaward performance period.
1. Funding Amount
Applicants may apply for up to $25,000, for the 19-month Grant Subaward performance period to enhance existing or establish new California CERT Programs.
2. Funding Source
The LC Program is supported through the State General Fund.
Cal OES’s four-character code for this grant fund is LIST. This code will be in the drop-down on the Grant Subaward Face Sheet (Cal OES form 2-101).
There is no match required for the LC Program.
G. PROGRAMMATIC INFORMATION
1. Programmatic Description
The purpose of the LC Program is to provide funding to new and existing CERT programs to support projects that help prepare vulnerable and underserved populations including: providing CERT
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Cal OES FY 23-24 Page 4 Part I
training in languages other than English, providing CERT training to underserved and/or populations that are at high risk for disasters, providing accommodations for training participants that have access or functional needs, such as ESL interpretation, and building capacity to respond to disasters.
2. Programmatic Components
a. Listos California Grant Program Materials
Listos California branded materials are required and will be provided by Cal OES. If the Subrecipient chooses to produce their own materials with Listos California Grant Program funds, they must receive prior approval from Cal OES, including the Listos California logo, and adhere to the SRH Part 8.
b. Communication Requirement
The Subrecipient must respond within five (5) business days to all Cal OES required programmatic requests.
c. Training
The Subrecipient must incorporate the materials and resources developed for and provided by the Listos California Grant Program in any emergency preparedness, response, recovery, and
mitigation training conducted with grant funding.
The Subrecipient must attend training classes/meetings to receive updates and resources throughout the Grant Subaward
performance period.
d. Eligible Activities
Funds may be used to increase the capacity for the CERT Programs to provide CERT training to vulnerable and underserved
populations, and to purchase personal protection equipment, background checks, and liability coverage for CERT volunteers.
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Cal OES FY 23-24 Page 5 Part I
Funding may also be used for:
1. Training
• To register for CERT-related trainings, i.e.: CERT Basic training, advanced CERT modules, first-aid/CPR, and disaster
response training.
• To travel to and from CERT-related trainings, meetings and workshops.
• To attend Listos California training classes monthly
throughout the entire Grant Subaward performance period.
2. Equipment
• Personal protection equipment as needed for CERT
programs.
• CERT-related training equipment and items that support in- person training sessions, i.e.: laptops, software, projectors, portable screens, and speaker systems.
3. Supplies and Materials
• CERT-related training supplies, printing, training manuals, and materials.
4. Liability Coverage and Background Checks
• To provide liability coverage for CERT volunteers in their Program. The coverage can supplement the California
Disaster Service Worker Volunteer Program.
• To provide background checks for CERT volunteers in their Program.
5. Disaster Deployment
• Create/develop/maintain a cadre of CERT volunteers for disaster deployment.
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Cal OES FY 23-24 Page 6 Part I
• Cover the cost of deploying CERT volunteers for emergency disaster response.
6. Staffing
• To hire staff that manage all aspects of their CERT Program.
7. Accommodations
• To provide accommodations for training participants that have access or functional needs, such as ESL interpretation.
e. Out-Of-State Travel
Out-of-state travel is only allowed in exceptional situations and must be approved by Cal OES prior to incurring expenses.
f. Food and Beverages
The cost of food and/or beverages at Grant Subaward-sponsored conferences, meetings, or office functions is not allowed.
3. Reporting Requirements
Progress and engagement reports serve as a record for the implementation of the Grant Subaward. Statistics for Progress Reports must be collected on a semi-annual basis and statistics for Engagement Reports must be collected after each engagement activity, even when reporting occurs less frequently. Reports should be submitted via the Listos California Portal and/or online tool.
Information collected will include, but is not limited to:
• Diversity of vulnerable populations reached.
• Number of CERT trainings offered.
• Number of CERT trainees reached/certified.
• Number of and type of organizations reached.
• Number of outreach trainings/events held.
• CERT training, preparedness, and disaster response activities. • How the grant has increased your Program’s capacity to provide CERT training.
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Cal OES FY 23-24 Page 7 Part I
a. Cal OES Progress Reports
There are three Progress Reports required for the Program. See the chart below for report periods and due dates.
Report Report Period Due Date
1st Report June 1, 2024 – December 31, 2024 January 30, 2025 2nd Report January 1, 2025 – June 30, 2025 July 30, 2025 Final July 1, 2025 – December 31, 2025 January 30, 2026
b. Cal OES Engagement Reports
Engagement reports are based upon direct public engagement activities. Subrecipients will be required to submit data directly into an online database immediately after an engagement, activity, or training commences; or no later than the end of each month.
LISTOS CALIFORNIA CERT SUPPORT GRANT (LC) PROGRAM
Cal OES FY 23-24 Page 8 Part II
PART II – RFP INSTRUCTIONS
A. SUBRECIPIENT HANDBOOK
B. FORMS
C. SPACE LIMITATIONS
D. PROPOSAL COMPONENTS
E. BUDGET POLICIES
F. ADMINISTRATIVE REQUIREMENTS
A. SUBRECIPIENT HANDBOOK
Applicants are strongly encouraged to review the SRH. The SRH outlines the terms and conditions that apply to Cal OES’ Grant Subawards and provides helpful information for developing a proposal, including a Glossary of Terms.
B. PROPOSAL FORMS
Applicants must use the forms provided on our website. Applicants may not alter the formatting of any forms, including the Grant Subaward Programmatic Narrative (Cal OES Form 2-108) and the Grant Subaward Budget Narrative (Cal OES Form 2-107).
If a space limitation is specified under the Programmatic Narrative section, strict adherence to the space limitation is required. Information included beyond the space limitation and/or unrequested attachments will not be considered in the rating process.
Applicants must complete and submit all required forms. Required forms for this Program are identified on the Checklist in Part V. All forms have written instructions. If a form requires a Grant Subaward number, leave this information blank. General information regarding each form is below.
1. Grant Subaward Face Sheet (Cal OES Form 2-101)
This form is the title page of the Grant Subaward that is signed by the Official Designee (SRH Section 3.030) and the Cal OES Director (or designee).
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Cal OES FY 23-24 Page 9 Part II
2. Grant Subaward Contact Information (Cal OES Form 2-102)
This form provides Cal OES with contact information for all relevant Subrecipient personnel. Information for each individual should be direct contact information.
3. Grant Subaward Signature Authorization (Cal OES Form 2-103)
This form provides Cal OES with signatures of authorized signers and who they authorize to sign on their behalf for all Grant Subaward- related matters.
4. Grant Subaward Certification of Assurance of Compliance (Cal OES Forms 2-104)
This form is a binding affirmation that the Subrecipient will comply with the following regulations and restrictions:
• State and federal civil rights laws;
• Drug Free Workplace;
• California Environmental Quality Act;
• Federal grant fund requirements;
• Lobbying restrictions;
• Debarment and Suspension requirements; and
• Proof of Authority documentation from the city council/governing board.
5. Grant Subaward Budget Pages (Cal OES Form 2-106b)
These forms demonstrate how the Applicant will implement the proposed plan with the funds available through this Program. This is the basis for management, fiscal review, and audit. Grant Subaward Budget Pages (Cal OES Form 2-106b) are subject to Cal OES modifications and approval. Failure of the Applicant to include required items does not eliminate responsibility to comply with those requirements during the implementation of the Grant Subaward.
The Grant Subaward Budget Pages (Cal OES Form 2-106b)
automatically calculate the subtotal at the end of each budget category and provide the total of the three spreadsheets at the bottom of the Equipment Costs page. Applicants may add additional columns to the Grant Subaward Budget Pages (Cal OES Form 2-106b) when necessary.
Listos California CERT Support Grant (LC) Program RFP
Cal OES FY 23-24 Page 10 Part II
Cal OES requires the Applicant to develop a line-item budget that includes a calculation and justification in the left column for all costs.
The Grant Subaward Budget Pages (Cal OES Form 2-106b) must:
• Cover the entire Grant Subaward performance period.
• Include costs related to the objectives and activities of the Grant Subaward.
• Strict adherence to required and prohibited expenses. • Include costs in the correct category (i.e., Personnel Costs, Operating Costs, and Equipment Costs – see below).
Include only those items covered by Grant Subaward funds.
Applicants may supplement Grant Subaward funds with funds from other sources.
a. Personnel Costs – Salaries/Employee Benefits
1) Salaries
Personnel includes Grant Subaward services performed by Grant Subaward staff directly employed by the Applicant (not a contract or Participating Agency) and must be
identified by position, cost and time spent on allowable activities for the Grant Subaward (e.g., Clerical Staff @ $20/hour x 980 hours; or Clerical Staff @ $1,500/month x 12 months x .50 FTE). Personnel may be salaried or hourly, full- time or part-time positions. Sick leave, vacation, holidays, overtime, and shift differentials must also be budgeted as a part of salaries. If the Applicant’s personnel have accrued sick leave or vacation time prior to the approval of the Grant Subaward, they may not take time off using Grant Subaward funds.
2) Benefits
Employee benefits must be identified by type and include a calculation. The Applicant may use fixed percentages of salaries to calculate benefits. Allocated benefits cannot exceed those already established by the Applicant.
Employer contributions or expenses for social security, employee life and health insurance plans, unemployment
insurance, and/or pension plans are allowable. Benefits, such
Listos California CERT Support Grant (LC) Program RFP
Cal OES FY 23-24 Page 11 Part II
as uniforms or California Bar Association dues, are allowable if negotiated as a part of an employee benefit package.
A line item is required for each different position/classification, but not for each individual employee. If several people will be employed full-time or part-time in the same
position/classification, provide the number of full-time equivalents (e.g., three half-time clerical personnel should be itemized as 1.5 clerical positions).
Additional information on Personnel Expenses can be found in SRH Part 3.
b. Operating Costs
Operating costs are defined as necessary expenditures other than personnel salaries, benefits, and equipment. The costs must be Grant Subaward-related (i.e., to further the Program objectives as defined in the Grant Subaward) and be encumbered during the Grant Subaward performance period.
Examples of common operating costs include, but are not limited to:
• Audit costs (SRH Section 14.035)
• Computers with an acquisition cost of $4,999 or less
• Computer equipment rentals
• Consultant services (SRH Section 6.050)
• Equipment service and maintenance agreements
• Financial Assistance for clients (SRH Section 4.040)
• Furniture and office equipment ($4,999 or less)
• Indirect costs (SRH Section 4.045)
• Insurance (e.g., vehicle, fire, bonding, theft, and liability) • Internet access
• Office supplies
• Office rental space (SRH Section 4.055)
• Postage
• Printing
• Second-Tier Subawards (SRH Section 7.010)
• Software
• Training materials
• Travel and per diem (SRH Section 4.065)
• Utilities
• Vehicle maintenance
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Cal OES FY 23-24 Page 12 Part II
Additional information on Operating Expenses can be found in SRH Part 4.
c. Equipment Costs
Equipment is defined as nonexpendable tangible personal property having a useful life of more than one year and a cost of $5,000 or more per unit (excluding tax).
A line item is required for different types of equipment, but not for each specific piece of equipment (e.g., three copy machines must be one line item, not three).
Additional information on Equipment Costs can be found in SRH Part 5.
6. Grant Subaward Budget Narrative (Cal OES Form 2-107) – Maximum Two Pages
This form should describe the following:
• How the line items on the Grant Subaward Budget Pages (Cal OES Form 2-106b) support the objectives and activities for the LC Program.
• How funds are allocated to minimize administrative costs and support direct services for the LC Program.
• How Grant Subaward-funded staff duties and time commitments support the proposed objectives and activities for the LC Program.
7. Grant Subaward Programmatic Narrative (Cal OES Form 2-108)
This form is the main body of information describing the problem to be addressed, the plan to address the identified problem through appropriate and achievable objectives and activities, and the ability of the Applicant to implement the proposed plan.
a. Problem Statement – Maximum Two Pages
In narrative form, address the following:
1) Describe the Applicant’s current capacity to deliver CERT training to vulnerable and underserved communities.
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Cal OES FY 23-24 Page 13 Part II
2) Describe any gaps and barriers in delivering CERT training to vulnerable and underserved populations.
b. Plan – Maximum Two Pages
In narrative form, address the following:
1) Describe the number and type of CERT trainings the
Applicant intends to accomplish, including the goal of how many CERT certified individuals the Applicant plans to train.
2) Describe the preparedness and/or disaster response-related activities the Applicant will perform during the performance period and how grant funding will be utilized to support these activities.
3) Describe how the Applicant currently supports vulnerable and underserved populations and how grant funding would enhance this support.
8. Subrecipient Grants Management Assessment
Per title 2 CFR § 200.331, Cal OES is required to evaluate the risk of noncompliance with federal statutes, regulations, and terms and conditions posed by each Subrecipient of pass-through funding. The assessment is made in order to determine and provide an appropriate level of technical assistance, training, and oversight to Subrecipients.
9. Grant Subaward Service Area Information (Cal OES Form 2-154)
This form identifies the counties, cities, and congressional districts served by the Grant Subaward.
C. ADDITIONAL DOCUMENTS
Applicants may be required to submit additional documents. Required documents for this program are identified on the Checklist in Part IV.
General information regarding each document is below:
1. Indirect Cost Rate Agreement
The indirect Cost Rate Agreement documents the agreed upon indirect cost rate negotiated between the federal government and an
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Cal OES FY 23-24 Page 14 Part II
organization. Subrecipients with a negotiated indirect cost rate must provide a copy of the agreement with their proposal if indirect costs are included in the budget.
2. Operational Agreements
An OA is a formal agreement, without the exchange of money, between an implementing agency and one or more participating agencies.
3. Non-Competitive Procurement Request (Cal OES Form 2-156)
A non-competitive procurement transaction is a purchase of property/goods or services, where only a single source that can provide the services or goods is afforded the opportunity to offer a price for the specified services or goods. See SRH Section 6.45 for additional information.
4. Out-of-State Travel Request (Cal OES Form 2-158)
This form provides information to support a request for out-of-state travel. Out-of-State travel is only allowed for this Program in exceptional situations and must be approved by Cal OES prior to incurring expenses.
5. Lodging Rate Exemption Request (Cal OES Form 2-165)
This form provides information to support a request for approval of an exemption to the maximum lodging rate per SRH Section 4.070.
6. Payee Data Record (STD 204)
This form provides information for income tax reporting and to ensure tax compliance with federal and state laws.
7. Petty Cash Fund Certification (Cal OES Form 2-238)
A Petty Cash Fund is a small amount of discretionary funds, in the form of cash or gift cards, used for disbursements for unforeseen financial intervention or paid to those directly located in moderate to high risk hazard areas. Subrecipients may budget up to two percent of the total Grant Subaward cost for petty cash.
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Cal OES FY 23-24 Page 15 Part II
This form identifies the procedures to maintain safeguards and accountability of these funds.
D. BUDGET POLICIES
The following sections of the SRH may be helpful in developing the Grant Subaward Budget Pages (Cal OES 2-106b) and Grant Subaward Budget Narrative (Cal OES 2-107):
• Additional Rental Space (SRH Section 4.055);
• Audit Costs (SRH Section 14.055);
• Automobiles (SRH Section 5.020);
• Contracting and Procurements Requirements (SRH Part 6); • Equipment and Equipment Costs Requirements (SRH Part 5); • Expert Witness Fees (SRH Section 6.050);
• Independent Contractor/Consultant (SRH Section 6.050); • Indirect Cost or Facilities and Administration (SRH Section 4.045); • Match Requirements (SRH Section 9.060);
• Facility Rental (SRH Section 4.055);
• Prohibited Operating Costs (SRH Section 4.070);
• Grant Subaward and Other Income (SRH Section 9.075);
• Supplanting Prohibited (SRH Section 1.065); and
• Travel (SRH Section 4.065).
E. ADMINISTRATIVE REQUIREMENTS
Subrecipients must administer their Grant Subawards in accordance with all SHR requirements. Failure to comply with these requirements can result in the withholding or termination of the Grant Subaward. The following section may be helpful for developing a proposal and for planning purposes:
• Audit Requirements (SRH Part 14);
• Communication and Internet Access (SRH Section 1.070); • Intellectual Property, Copyright, and Patent Requirements (SRH Part 8); • Fidelity Bond/Certificate of Insurance (SRH Section 2.015); • Monitoring (SRH Part 13);
• Report of Expenditures and Request for Funds (SRH Section 9.025); and • Records Requirements (SRH Part 12).
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PART III – SELECTION AND FINALIZING THE GRANT SUBAWARD
A. SELECTION OF PROPOSAL FOR FUNDING
B. FINALIZING THE GRANT SUBAWARD
A. SELECTION OF PROPOSAL FOR FUNDING
1. Proposal Rating
Eligible proposals received by the deadline are generally evaluated by a three-member team. The rater scores are averaged and then ranked numerically. Proposals are only evaluated numerically; no notes are taken during the evaluation. The Rating Sheet used for this process is included in Part IV of this RFP and is for informational purposes only.
2. Funding Decision
A proposal must receive a minimum score of 50% of available points on the Rating Sheet to be considered for funding.
Final funding decisions are made by the Director of Cal OES. Funding decisions are based on the following:
• The ranked score of the proposal;
• Consideration of priorities or geographical distribution specific to this RFP; and
• Prior negative administrative and programmatic performance, if applicable.
Subrecipients previously funded by Cal OES will be reviewed for poor past compliance, including fiscal management, progress and annual reports, audit reports, and other relevant documentation or information. This review may result in one or more of the following actions:
• The Subrecipient may not be selected for funding;
• The amount of funding may be reduced; and
• Grant Subaward Conditions may be placed on the Grant
Subaward.
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3. Notification Process
All Applicants will be notified in writing, via electronic communication, of the results of the rating process. The notification will be sent only to the Official Designee (the person authorized to sign the Grant Subaward Face Sheet).
Applicants will receive one of the following:
• Letter of Intent to Fund if selected for funding.
• Letter of Denial if not selected for funding, including the Applicant’s scores and information regarding the appeal process.
• Letter of Ineligibility:
o If the proposal did not meet Eligibility to Compete for Funding (Part 1,D.), including information regarding the appeal process; or
o If the proposal scored less than the required 50% of points possible, including the Applicant’s scores and information regarding the appeal process.
Cal OES can only respond to technical questions about the RFP during the period of time between the RFP release date and completion of the RFP process. Requests for records must be made through a Public Records Act request at
[email protected]
.
B. FINALIZING THE GRANT SUBAWARD
1. Grant Subaward Application
Once selected for funding, Cal OES may require revisions and/or additional documentation to finalize the Grant Subaward Application package. The Program Specialist identified in the Applicants Intent to Fund Letter can provide technical assistance in completing these components.
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2. Grant Subaward
A copy of the executed Grant Subaward and pertinent attachments will be sent to the Grant Subaward Director. The Applicant is not authorized to incur costs against the grant until a copy of the fully executed Grant Subaward is received. When the executed Grant Subaward is received, a Report of Expenditures and Request for Funds (Cal OES Form 2-201) may be submitted for reimbursement.
a. Grant Subaward Conditions
Cal OES may add conditions to the Grant Subaward in order to execute the Grant Subaward. If conditions are added, these will be discussed with the Subrecipient and a copy of the conditions will be sent to the Subrecipient when the conditions are made part of the Grant Subaward.
b. Grant Subaward Amounts
When the amount of funds available is limited, Cal OES may reduce the amount of the Grant Subaward from the amount requested by the Applicant. In addition, Cal OES reserves the right to negotiate budgetary changes with the Applicant prior to executing the Grant Subaward. If either of these actions is required, Cal OES will notify the Applicant prior to executing the Grant Subaward.
3. Standard Grant Subaward Funding Authority
Cal OES does not have the authority to disburse funds until the Grant Subaward is fully executed. Expenditures incurred prior to authorization are made at the Subrecipient’s own risk and may be disallowed.
Cal OES employees are not able to authorize an Applicant to incur expenses or financial obligations prior to the execution of a Grant Subaward. However, once the Grant Subaward is finalized the Subrecipient may claim reimbursement for expenses incurred on, or subsequent to, the start of the Grant Subaward performance period.
If, during the term of the Grant Subaward, the state funds appropriated for the purposes of the Grant Subaward are reduced or eliminated by the California Legislature or the United States Government, or in the event revenues are not collected at the level
Listos California CERT Support Grant (LC) Program RFP
Cal OES FY 23-24 Page 19 Part III
appropriated, Cal OES may immediately terminate or reduce the Grant Subaward by written notice to the Subrecipient.
Cal OES Grant Subawards are subject to applicable restrictions, limitations, or conditions enacted by the California Legislature and/or the United States Government, subsequent to the execution of the Grant Subaward.
LISTOS CALIFORNIA CERT SUPPORT GRANT (LC) PROGRAM RFP
Cal OES FY 23-24 Page 20 Part IV
PART IV – RATING SHEET
Control #
Rater #
Applicant
Funds Requested:
CATEGORY
TOTAL POINTS
POSSIBLE
1. PROBLEM STATEMENT 80
2. PLAN 120
3. BUDGET PAGES AND NARRATIVE 120
4. COMPREHENSIVE ASSESSMENT 60
TOTAL 380
Each of the above categories contain questions assigned a point value. The point scale is divided into five columns labeled I, II, III, IV, and V. The Applicant’s response to each question is evaluated on the following criteria:
I. ABSENT: The response does not address the specific question, or a response was not provided.
II. UNSATISFACTORY: The response does not completely address the question. The information presented does not provide a good understanding of Applicant’s intent, does not give the detailed information requested by the RFP, and/or does not adequately support the proposal or the intent of the Program.
III. SATISFACTORY: The response addresses the question and provides a good understanding of the Applicant’s intent. The response adequately supports the proposal and the intent of the Program.
IV. ABOVE AVERAGE: The response is above average and provides a clear and detailed understanding of the Applicant’s intent. The response presents a persuasive argument that supports the proposal and the intent of the Program.
V. EXCELLENT: The response is outstanding, with clear, detailed, and relevant information. The response presents a compelling argument that supports the proposal and the intent of the Program.
Listos California CERT Support Grant (LC) Program RFP
Cal OES FY 23-24 Page 21 Part IV
PROGRAMMATIC NARRATIVE I II III IV V
a. Problem Statement (Maximum Two Pages)
How well does the proposal: 0 10 20 30 40
1) describe the Applicant’s current capacity
to deliver CERT training to vulnerable and
underserved communities?
2) describe the gaps and barriers in
delivering CERT training to vulnerable and
underserved populations?
b. Plan (Maximum Two Pages)
How well does the proposal: 0 10 20 30 40
1) describe the number and type of CERT
trainings the Applicant intends to
accomplish? Did the Applicant include
the goal of how many CERT certified
individuals it plans to train?
2) describe the preparedness and/or
disaster response-related activities the
Applicant will perform during the
performance period and how grant
funding will be utilized to support these
activities?
3) describe how the Applicant currently
supports vulnerable and underserved
populations and how grant funding will
enhance this support?
BUDGET PAGES & NARRATIVE (Maximum Two
Pages) 0 10 20 30 40
1) How well does the proposal support the
objectives and activities of the LC
Program?
2) How well are the funds allocated to
minimize administrative costs and support
direct services?
3) How well do Grant Subaward-funded staff
duties and time commitments support the
proposed objectives and activities of the
LC Program?
Listos California CERT Support Grant (LC) Program RFP
Cal OES FY 23-24 Page 22 Part IV
PROGRAMMATIC NARRATIVE I II III IV V
COMPREHENSIVE ASSESSMENT 0 15 30 45 60
How well does this proposal support the overall
intent, goals, and purpose of the Program?
LISTOS CALIFORNIA CERT SUPPORT GRANT (LC) PROGRAM
Cal OES FY 23-24 Page 23 Part V
PART V – CHECKLIST
This checklist is provided to ensure that a complete proposal is submitted to Cal OES. This also provides the order documents/forms should be organized.
The following forms/documents are required for all Applicants.
GRANT SUBAWARD FACE SHEET (Cal OES FORM 2-101) – Signed by the Official Designee authorized to enter into the Grant Subaward.
GRANT SUBAWARD CONTACT INFORMATION (Cal OES FORM 2-102) GRANT SUBAWARD SIGNATURE AUTHORIZATION (Cal OES FORM 2-103) GRANT SUBAWARD CERTIFICATION OF ASSURANCE OF COMPLIANCE (Cal OE S FORM 2-104) – Signed by the Official Designee who signed the Grant Subaward Face Sheet and by the official delegating that authority
GRANT SUBAWARD BUDGET PAGES (EXCEL SPREADSHEET FORMAT) (Cal O ES FORM 2-106b Pages with One Funding Source)
UNALTERED GRANT SUBAWARD BUDGET NARRATIVE (Cal OES FORM 2-107) UNALTERED GRANT SUBAWARD PROGRAMMATIC NARRATIVE (Cal OES FORM 2-108) • PROBLEM STATEMENT
• PLAN
SUBRECIPIENT GRANTS MANAGEMENT ASSESSMENT
GRANT SUBAWARD SERVICE AREA INFORMATION (Cal OES FORM 2-154)
The following forms/documents may be required depending on the Applicant’s proposal and/or Program requirements.
INDIRECT COST RATE AGREEMENT
OPERATIONAL AGREEMENTS SUMMARY FORM (Cal OES FORM 2-160) NON- COMPETITIVE PROCUREMENT REQUEST (Cal OES FORM 2-156) OUT-OF-STATE TRAVEL REQUEST (Cal OES Form 2-158)
LODGING RATE EXEMPTION REQUEST (Cal OES FORM 2-165)
PAYEE DATA RECORD – Please complete if Applicant has not previously received a Grant Subaward from Cal OES (Std. 204)
PETTY CASH FUND CERTIFIATION LISTOS CALIFORNIA GRANT PROGRAM (Cal OES FORM 2-238)
ITEM # 15
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Fernando Pelaez, Fire Chief
SUBJECT: APPROVAL TO SUBMIT APPLICATION FOR THE CALIFORNIA
INTERAGENCY COUNCIL ON HOMELESSNESS (CAL ICH)
ENCAMPMENT RESOLUTION FUNDING PROGRAM ROUND 3,
ROLLING APPLICATION (ERF-3-R)
DATE: January 24, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve submission of a grant proposal for the Notice of Funding Availability (NOFA) for the California Interagency Council on Homelessness Encampment Resolution Funding Program, Round 3, Rolling Application (ERF-3-R); and
2. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The California Interagency Council on Homelessness Encampment Resolution Funding Program, Round 3, Rolling Application (ERF-3-R) released a Notice of Funding Availability (NOFA) to submit a competitive grant application. Should the grant application be successful, the City will be funded for two (2) years. If a grant is awarded, staff will return to the City Council with a request to appropriate funds.
BACKGROUND/DISCUSSION:
The California Interagency Council on Homelessness (Cal ICH) was created in 2017 to oversee the implementation of Housing First policies, guidelines, and regulations to reduce the prevalence and duration of homelessness in California. Cal ICH’s mission is to develop policies and to identify and coordinate resources, benefits, and services to prevent and work toward ending homelessness in California.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
This Notice of Funding Availability (NOFA) was released on November 27, 2023 (Attachment A) and makes remaining funds available for award through a rolling application process (ERF-3-R). Applications will be accepted on a rolling basis until June 30, 2024, or until funds are depleted, whichever occurs first. Up to fifty percent of appropriated funds will be prioritized for proposals that serve people living in encampments on State rights-of-way.
ERF-3 was authorized in 2022 through Senate Bill 197 (Chapter 70, Statutes of 2022), enacted under Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.). The $400 million for this third round was appropriated by SB 101 (Chapter 12, Statute of 2023). ERF was established to increase collaboration between Cal ICH, Local Jurisdictions, and Continuums of Care (CoCs) for the following purposes:
• Assist local jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
• Provide grants to local jurisdictions and CoCs to resolve critical encampment concerns and transition individuals into safe and stable housing. • Encourage a data-informed, coordinated approach to address encampment concerns.
The Encampment Resolution Funding (ERF) Program will fund local demonstration projects that provide services to address the immediate crisis of homelessness in encampments and to support people living in encampments transition to safe and stable housing. Such efforts will be designed to restore public spaces to their intended uses while safeguarding the needs of unhoused people seeking shelter.
The Montebello Fire Department will submit a proposal seeking funding that will be intended for capacity building in partnership with Adventist White Memorial Health Hospital. The goal will be expansion of the “You are Home Initiative” by increasing housing inventory through a Landlord Engagement Program that will support and protect landlords and to provide relevant and responsive services to unhoused individuals. Activities will support efforts to protect the health, safety, and well-being of the individuals who have been living in encampments and continue medical care as a preventive measure. This aligns with recent efforts around the Operation Stay Safe Project to support the bridge to housing opportunities.
ENVIRONMENTAL:
This item is not subject to the California Environmental Quality Act (CEQA) under the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, sections:
15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment); 15060(c)(3) (the activity is not a project as defined in Section 15378); and 15061(b)(3), because the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because there is no possibility that this item may have a significant adverse effect on the environment, the item is exempt from CEQA.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
ANALYSIS:
The latest homeless count (2022) identified 273 homeless individuals in Montebello, though anecdotally, the number is estimated to be three times higher due to counting difficulties. Specifically, many of Montebello's homeless individuals live along the banks of the Rio Hondo River, which are dense with vegetation and hard to reach in some locations, making counting and assisting the City's homeless a logistical challenge.
The People Experiencing Homelessness (PEH) served by the Montebello Community Assistance Program (MCAP) range in age from 16-80. Approximately 90% of the PEH have mental health issues and 70% have addiction issues. The vast majority of addiction issues are related to methamphetamine. PEH who are addicted to methamphetamines are particularly vulnerable due to the myriad of serious health problems that accompany addiction: heart problems, blood pressure issues, blood clots, convulsions, brain damage, confusion/disorientation, and much more.
According to the recently released Mortality Rates and Causes of Death Among People Experiencing Homelessness in Los Angeles County: 2014-2021 report (May 2023), the death rate increased by 55% among people experiencing homelessness in Los Angeles County between 2019 and 2021. The use of both methamphetamine and fentanyl have been mingled with other drugs to deadly effect. More than 40% of overdose deaths among homeless people involved both fentanyl and methamphetamine in 2021. The Fire Department has also noticed an increase in Emergency Medical Services (EMS) related to overdose calls.
SUMMARY:
That the City Council approve submission of a grant proposal for the California Interagency Council on Homelessness Encampment Resolution Funding Program, Round 3, Rolling Application (ERF-3-R)
ATTACHMENT(S)
1. Attachment A - Notice of Funding Availability (NOFA) Encampment Resolution Funding Program Round 3 Rolling Application
NEXT STEPS:
N/A
Encampment Resolution Funding Program,
Round 3, Rolling Application
(ERF-3-R)
Notice of Funding Availability (NOFA)
November 27, 2023
ATTACHMENT A
Table of Contents
I. GRANT OVERVIEW ................................................................................................. 1 A. Authority ............................................................................................................. 1 B. Background ....................................................................................................... 1 C. Objective ........................................................................................................... 2 D. Available Funds ................................................................................................. 3 E. Eligible Applicants ............................................................................................. 3 F. Eligible Population to Serve .............................................................................. 3 G. Key Dates ........................................................................................................... 4 H. Applicant Conference...................................................................................... 6 II. REQUIRED APPLICATION ELEMENTS, EVALUATION CRITERIA, AND PRIORITIZED FACTORS ................................................................................................................ 6 A. Required Application Elements........................................................................ 6 B. Evaluation Criteria ............................................................................................. 6 C. Prioritized Factors ............................................................................................... 7 III. ELIGIBLE USES ......................................................................................................... 7 A. Eligible Uses......................................................................................................... 7 B. Budgets............................................................................................................... 8 IV. APPLICATION ......................................................................................................... 9 V. APPLICATION SUBMISSION REQUIREMENTS........................................................ 11 VI. REVIEW, SCORING, AND AWARD........................................................................ 12 A. Review .............................................................................................................. 12 B. Scoring.............................................................................................................. 13 C. Award ............................................................................................................... 16 D. Appeals ............................................................................................................ 17 VII. PERFORMANCE AND REPORTING ....................................................................... 17 A. Performance.................................................................................................... 17 B. Reporting.......................................................................................................... 17 VIII.Appendices......................................................................................................... 18 A. Definitions: ........................................................................................................ 18
1 DATE: November 27, 2023
MEMORANDUM FOR ALL ELIGIBLE APPLICANTS
FROM: Meghan Marshall, Executive Officer
California Interagency Council on Homelessness
SUBJECT: NOTICE OF FUNDING AVAILABILITY (NOFA)
Encampment Resolution Funding (ERF-3-R)
I. GRANT OVERVIEW
The California Interagency Council on Homelessness (Cal ICH) is pleased to announce the availability of Round 3 of the Encampment Resolution Funding (ERF) Program.
California appropriated $400 million to fund ERF-3. ERF-3's initial disbursement (ERF-3-L) was allocated to jurisdictions that applied for ERF-2-R, met all the program requirements, but were unable to receive awards under Round 2 due to insufficient funds. This NOFA makes the remaining $298,747,574.33 available for awards through a rolling application process (ERF-3-R). Applications will be accepted on a rolling basis until June 30, 2024, or until funds are depleted, whichever occurs first. Up to 50 percent of the $400 million appropriated will be prioritized for proposals that serve people living in encampments on state right of way.
A. Authority
ERF-3 was authorized in 2022 through Senate Bill 197 (Chapter 70, Statutes of 2022), enacted under Chapter 7 of Part 1 of Division 31 of the California Health and Safety Code (HSC) (sections 50250 et seq.). The $400 million for this third round was appropriated by SB 101 (Chapter 12, Statute of 2023). ERF was established to increase collaboration between Cal ICH, Local Jurisdictions, and Continuumsof Care (CoCs) for the following purposes:
• Assist Local Jurisdictions in ensuring the safety and wellness of people experiencing homelessness in encampments.
• Provide grants to Local Jurisdictions and CoCs to resolve critical encampment concerns and transition individuals into safe and stable housing.
• Encourage a data-informed, coordinated approach to address encampment concerns.
B. Background
Cal ICH was created in 2017 to oversee the implementation of Housing First policies, guidelines, and regulations to reduce the prevalence and duration of
2 homelessness in California. Cal ICH’s mission is to develop policies and to identify and coordinate resources, benefits, and services to prevent and work toward ending homelessness in California.
The ERF Program is a four-year grant program that includes three rounds of funding as described below:
Funding
Round &
Allocation
Authorizing bill(s) Disbursements
ERF 1
$50 M • AB 140
(Chapter 111,
Statutes of
2021)
$48 million was awarded to 19
applicants
ERF 2
$300 M • SB 197 (Chapter
70, Statutes of
2022)
• AB 178
(Chapter 45,
Statutes of
2022)
ERF-2-L*: $47,698,261.81 was awarded
to eight applicants that applied for
ERF-1, met all applicable program
requirements, but did not receive
awards under ERF-1 due to lack of
available funds.
ERF-2-R**: $237,301,738.19 was
awarded to 30 applicants
ERF 3
$400 M • SB 197 (Chapter
70, Statutes of
2022)
• SB 101 (Chapter
12, Statute of
2023)
ERF-3-L*: $81,252,425.67 was awarded
to 12 applicants that applied for ERF-2-
R, met all applicable program
requirements, but did not receive
awards under ERF-2-R due to lack of
available funds
ERF-3-R**: $298,747,574.33 is made
available through this NOFA
* L indicates a lookback to unfunded applications in the preceding round. ** R indicates a rolling application process
It is the intent of the Legislature to enact additional legislation to transfer the grant administration work of Cal ICH to the Department of Housing and Community Development (HCD) in FY 2024-25.
C. Objective
The ERF program will fund actionable, person-centered local proposals that resolve the experience of unsheltered homelessness for people residing in
3 encampments. Resolving these experiences of homelessness will necessarily address the safety and wellness of people within encampments, resolve critical encampment concerns, and transition individuals into interim shelter with clear pathways to permanent housing or directly into permanent housing, using data-informed, non-punitive, low-barrier, person-centered, Housing First, and coordinated approaches.
Proposals may bolster existing, successful models and/or support new approaches that provide safe stable, and ultimately permanent housing for people experiencing homelessness in encampments.
D. Available Funds
Up to $298,747,574.33 is available for award through ERF-3-R. Pursuant to the Budget Act of 2023 (SB 101 (Chapter 12, statute of 2023), up to 50 percent of the funds authorized for ERF-3 shall be prioritized for Local Jurisdictions with proposals that address encampments on state right of way and that meet priority criteria established by Cal ICH in consultation with the Department of Transportation.
E. Eligible Applicants
• Local Jurisdiction – means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
• Continuum of Care (CoC) – as defined in Section 578.3 of Title 24 of the Code of Federal Regulations.
Per SB 101 (Chapter 12, statute of 2023), Local Jurisdictions have priority to apply for ERF programs on state right of way, over CoC applicants, until a date specified by Cal ICH. If a CoC applies for an ERF proposal located on a state right of way before May 1, 2024, the CoC must provide a Letter of Local Acknowledgment from each overlapping Local Jurisdiction that: (1) identifies the prioritized encampment; (2) confirms that the CoC has communicated with each Local Jurisdiction about the CoC’s intent to apply; and (3) that no Local Jurisdiction intends to apply for ERF-3-R funds for the prioritized encampment.
F. Eligible Population to Serve
ERF-3-R funds may only be used for proposals that connect people experiencing homelessness in encampments to interim shelter with clear pathways to permanent housing or place people directly into permanent housing.
“Encampment” is not defined in the authorizing legislation for ERF, but
4 research published the U.S. Department of Housing and Urban Development provides the following guidance:
An encampment typically includes the following:
• A group of people sleeping outside in the same location for a sustained period.
• The presence of some type of physical structures (e.g., tents, tarps, lean- tos).
• The presence of personal belongings (e.g., coolers, bicycles, mattresses, clothes).
• The existence of social support or a sense of community for residents Unsheltered Homelessness and Homeless Encampments in 2019 (huduser.gov) Furthermore, ERF authorizing legislation requires funding be used for “prioritized” encampments. Applicants must provide a justification for the prioritization of the specific encampment proposed to be served. ERF is not intended to be used to fund a community-wide encampment resolution program. However, in very small communities it may be possible to justify prioritizing all of a small number of encampments for resolution using this fund source. Therefore, in completing this application, applicants must identify and describe the specific encampment that will be prioritized for resolution.
If an applicant proposes to prioritize a large, noncontiguous, or multiple site(s), the encampments may only be addressed through a single application if: (a) the justification for prioritizing the encampments is the same, and (b) the demographics and service needs of the residents of the encampments is sufficiently similar, and (c) that the same set of services, and service providers, including outreach, interim and permanent housing programs, will be used to resolve the identified people's experience of homelessness in encampments.
Applicant must prepare a separate application for each encampment that does not meet the requirements of (a) – (c).
G. Key Dates
The rolling application will open upon the release of this NOFA and the accompanying ERF-3-R application, and will remain open until June 30, 2024, or until all program funds have been exhausted, whichever comes first.
Applications will be reviewed in batches as illustrated in the table and diagram on the following page.
5 Application Window and Review
2023 2024
Nov Dec Jan Feb Mar Apr May Jun Jul Aug
Application
Window 1
Review of
Window 1 Apps
Application
Window 2
Review of
Window 2 Apps
Application
Window 3
Review of
Window 3 Apps
Table, ERF-3-R Events Responsible
Party
Date(s)
NOFA Release Date Cal ICH 11/27/2023
Application Release Date Cal ICH 11/27/2023
Application Window #1 Applicant 11/27/23 - 01/31/24
Review and Award Window #1
Applications
Cal ICH 02/01/24 - 03/31/24
Application Window #2 Applicant 02/01/24 - 04/30/24
Review and Award Window #2
Applications
Cal ICH 05/01/24-06/30/24
Application Window #3 Applicant 05/01/24-06/30/24
Review and Award Window #3
Applications
Cal ICH 07/01/24 - 08/31/24
Deadline to Expend 50% of Allocation Applicant 06/30/2025 Deadline to Obligate 100% of Allocation Applicant 06/30/2025 Deadline to Expend 100% of Allocation Applicant 06/30/2027
6 H. Applicant Conference
General questions may be submitted by email to [email protected], with a subject line “ERF-3-R” for the duration of the rolling application period.
Please know that Cal ICH will likely respond to any inquiries through official channels that are directed to the entire eligible applicant pool (i.e., Applicant Conference, FAQ, or if necessary, an addendum to this NOFA). The non- mandatory Applicant Conference is a space for Cal ICH to walk through the NOFA, respond to previously submitted questions, and answer live questions as time permits. This conference will last an hour and is for informational purposes only. Attendance is voluntary and the conference will be recorded and posted on Cal ICH’s website for viewing as your schedule permits.
To have your question answered in the Applicant Conference, please email questions to [email protected] with subject line: ERF-3-R by 5pm 12/01/2023.
Conference date and time: 12/07/2023 @ 10:00 – 11:00 AM Pacific Time Registration is required to attend. Register in advance using the following link:
https://us06web.zoom.us/webinar/register/WN_Eib-_GQGTOSL86Rki6qSQg Applicant Conference Agenda:
• Welcome and Introduction
• NOFA Overview
• Answer Questions Submitted to Cal ICH
• Live Questions (as time permits)
II. REQUIRED APPLICATION ELEMENTS, EVALUATION CRITERIA, AND PRIORITIZED
FACTORS
A. Required Application Elements
Eligible applicants must submit an Application in a form and manner specified by Cal ICH; the Application must include minimum elements as described in HSC section 50252.1(c)(4). The Application made available through the Cognito Submission Portal
(https://www.cognitoforms.com/californiainteragencycouncilonhomelessness /erf3rapplication) includes all the minimum elements.
B. Evaluation Criteria
In determining which Applications to fund, Cal ICH shall evaluate and score proposals based on specific criteria as described in HSC section 50251(c)(2).
These specific criteria are operationalized through and located in the ERF-3-R Scoring Matrix at Section VI.A and B of this NOFA.
7 C. Prioritized Factors
In accordance with HSC section 50252.1(c)(5), in awarding grants, funding shall be prioritized for both of the following:
• Applications that demonstrate cross-systems collaboration, including collaborations with state and federal entities, and innovative efforts to resolve encampment issues, while focusing on protecting the health and well-being of the individuals living in those encampments. • Applications that represent the diversity of communities across the state, including, but not limited to, rural, urban, and suburban communities.
• Additionally, up to 50 percent of the available funds will be prioritized for ERF projects that address encampments on state right of way.
III. ELIGIBLE USES
A. Eligible Uses
Applicant’s program design and objective and their proposed eligible uses must advance ERF-3-R’s objective, which is set forth at Section I.C of this NOFA. Proposal design may include any combination of the following ten Eligible Use categories:
Eligible Use
Category
Non-Exhaustive List of Eligible Activities Applied to the EligiblePopulation
Rapid Rehousing
Rapid rehousing, including housing identification
services, rental subsidies, security deposits, incentives to landlords, and holding fees for eligible persons,
housing search assistance, case management and
facilitating access to other community-based
services.
Operating
Subsidies
Operating subsidies in new and existing affordable
or supportive housing units, emergency shelters, and
navigation centers. Operating subsidies may include
operating reserves.
Street Outreach
Street outreach to assist eligible persons to access
crisis services, interim housing options, and
permanent housing and services.
Services
Coordination
Services coordination, which may include access to
workforce, education, and training programs, or
other services needed to improve and promote
housing stability for eligible persons, as well as direct case management services being provided to
persons.
8 Systems Support
Systems support for activities that improve,
strengthen, augment, complement, and/or are
necessary to create regional partnerships and a
homeless services and housing delivery system that
resolves persons’ experiences of unsheltered
homelessness.
Delivery of
Permanent Housing
Delivery of permanent housing and innovative
housing solutions, such as unit conversions that are
well suited for eligible persons.
Prevention and
Shelter Diversion
Prevention and shelter diversion to permanent
housing, including flexible forms of financial
assistance, problem solving assistance, and other
services to prevent people that have been placed
into permanent housing from losing their housing
and falling back into unsheltered homelessness. This
category is only available to serve people who were
formerly residing in the prioritized ERF encampment
site.
Interim Housing
Interim housing, limited to newly developed clinically
enhanced congregate shelters, new or existing non-
congregate shelters, and operations of existing
navigation centers and shelters based on
demonstrated need that are well suited for eligible
persons.
Improvements to
Existing Emergency
Shelters
Improvements to existing emergency shelters to
lower barriers, increase privacy, better address the
needs of eligible persons, and improve outcomes
and exits to permanent housing.
Administrative
Costs
Administrative costs incurred by the city, county,
continuum of care, to administer its program
allocation. Up to 5% of grant funds may be applied
to administrative costs.
Site restoration is not a permitted Eligible Use for ERF-3-R funds.
B. Budgets
Applicants must use the standardized budget template available at Box.com:
(https://dca.box.com/s/xayuey1lcrgnve0e6l3ut5tkov0rtu3). Where necessary, applicants may modify the budget template.
These budgets will be submitted through the application submission portal:
(https://www.cognitoforms.com/CaliforniaInteragencyCouncilOnHomelessne ss/ERF3RApplication).
9 Applicants must demonstrate a reasonable effort to correctly categorize their budgets into the appropriate Eligible Uses. Additionally, if one larger proposal may fall within two or more Eligible Use categories, applicants should split up the line item so that Cal ICH staff can track and better understand proposal components.
IV. APPLICATION
The ERF-3-R application is a questionnaire style survey and has three required parts: administrative information, proposal overview, and implementation. A submitted application that deviates from the following requirements will be considered nonresponsive and will be disqualified from the evaluation. • Part 1: Administrative Information
Requires the applicant to provide information pertaining to jurisdiction type, implementing organization, contracting information, and contacts. • Part 2: Proposal Overview
Requires the applicant to provide information on:
a) Proposal Summary: including an overview of all key components and/or phases of the project that will be funded in whole or in part with ERF-3-R resources.
b) People Served: including metrics on how many people are living in the prioritized encampment and how many people are proposed to be served.
c) Encampment Information: including a description of the people living in the prioritized encampment, the physical characteristics of the encampment, whythe site and the people residing there are being prioritized, and whether the encampment is located entirely or partially on a state right of way. This includes:
• Attachment, Map: Applicants must submit a map of the encampment site proposed to be served with ERF-3-R funds.
• Attachment, Caltrans Letter of Support (if applicable): Projects entirely or partially on a state right of way must include a Letter of Support from Caltrans.
o This letter must include confirmation from Caltrans that they are aware of and in support of the ERF project, including the projected timeline, and that they will only take action on that encampment
10 site in collaboration with and with at least two weeks-notice to the ERF grantee, unless critical circumstances exist when an encampment poses an imminent threat to life, health, safety, or infrastructure and must be immediately addressed.
o This letter should be signed by the local Caltrans Deputy District Director of Maintenance (DDDM) or their designee.
o This letter may also include Caltrans role in the proposal and what Caltrans resources are being leveraged.
d) Proposal’s Outcomes: including a description of the proposal’s planned outcomes, activities to support meeting these outcomes, and how the applicantwill measure their progress.
e) Centering People: including:
i. data, evidence, and other information that informed the proposal’s design;
ii. how input from people with lived experience of homelessness was meaningfully incorporated into the proposal;
iii. the proposal’s adherence to Housing First;
iv. the proposal’s delivery of trauma informed housing services and supports; and
v. how the proposal will prioritize the dignity, health, and safety of people experiencing homelessness in the encampment.
• Part 3: Implementation
Requires the applicant to provide details around proposal implementation in four key areas:
a) Core Service Delivery and Housing Strategies: including the proposed outreach strategies and/or service coordination for the persons experiencing homelessness while they continue to reside in the encampment, the proposed living situations immediately following the encampment, displacement mitigation strategies, ability to deliver permanent housing, pathways to permanent housing, and strategies to mitigate returns to unsheltered homelessness.
b) Budget and Resource Plan: including the total amount of ERF-3-R funds requested, the amount and description of non-ERF resources that will support the proposal, and an explanation for how the requested amount was determined based on the number of people served and the housing options provided. Identifies non-ERF-3-R resources that will be leveraged to support proposal implementation including coordination of resources from other systems that would increase services and housing
11 options. This includes prior ERF awards, HUD unsheltered NOFO, and other federal, state, and local funding sources.
• Attachment, Standardized Budget: Applicants must use the standardized budget template available at Box.com:
(https://dca.box.com/s/xayuey1lcrgnve0e6l3ut5tkov0rtu3). Where necessary, applicants may modify the budget template. For guidance on Eligible Uses and categorization, see Eligible Uses in Section III.A. c) Key Entities and Staff: including the experience and qualifications for the implementing organization and key partners, evidence of collaboration between Local Jurisdiction(s) and the CoC, as well as identification of the primary parties with rights to and/or control of the property upon which the encampment resides (Caltrans, Union Pacific, private landowner, etc.) and their shared understanding of and commitment to the implementation of the proposal. For proposals on state right of way, in addition to the Caltrans letter of support, applicants must describe how they collaborated with Caltrans on their program design, implementation plans, and projected timeline.
d) Accelerated Timeline: including how your community will act urgently and efficiently while prioritizing the dignity, safety and wellness of people experiencing homelessness within the encampment site and proposal milestones. Applicants are strongly encouraged to provide incremental milestones for achieving the interim shelter and permanent housing goals set out in the proposal. For projects that include interim shelter and/or permanent housing development, the timeline should include major development milestones.
V. APPLICATION SUBMISSION REQUIREMENTS
Applicants will utilize the Cognito application submission portal:
(https://www.cognitoforms.com/CaliforniaInteragencyCouncilOnHomelessne ss/ERF3RApplication).
Applications will be accepted on a rolling basis beginning on November 27, 2023, until June 30, 2024, or until all funds have been exhausted, whichever occurs first. As detailed above in the Key Dates table, this rolling application period will span three possible application submission windows. Complete applications submitted and received by 5:00 p.m. on the last day of the corresponding application window, will be reviewed and evaluated as a batch for that window. Applications received after 5:00 p.m. on the last day of the application window will be reviewed and evaluated during the following application window.
12 Because Cal ICH does not have control over the platform’s timing apparatus and uploading speed, and to mitigate for unforeseen occurrences, applicants are strongly encouraged to submit by noon on the last day of the corresponding application window. For example, applications submitted during application window #1 for the period of November 27, 2023, through January 31, 2024, must be submitted no later than 5:00 p.m. on January 31, 2024, and applicants are encouraged to submit by noon on that day to mitigate any unforeseen occurrences in the Cognito application portal.
Applicants are permitted to submit a “test” submission at a time of their choosing to familiarize themselves with the application and the Cognito platform. To ensure your application is reviewed, please make sure that your final submission is not marked as a “test” submittal. The Cognito platform will instruct applicants on how to navigate this process.
VI. REVIEW, SCORING, AND AWARD
A. Review
Phase 1 – Administrative Review: Applications will be reviewed and evaluated for completeness of NOFA specifications, including checking that the application was submitted on behalf of an eligible applicant. In this review stage, reviewers will evaluate the contents of each application to ensure that all required items are populated and / or received. Cal ICH will reach out to applicants and allow them to resolve small discrepancies, but applications that are not complete or do not contain all the required items and attachments will be considered non-responsive and will be disqualified from the evaluation.
Phase 2 – Scoring Review: Cal ICH and/or its designee will convene an evaluation panel of three qualified individuals who have knowledge and experience of the state grantmaking process and subject matter of the Program. The evaluation panel will review and score applications in accordance with the ERF Scoring Matrix below. This panel will produce an application’s average score. Applications eligible for funding must score an average of at least 70 of the possible 100 points total. In addition to receiving an average total score of at least 70, all applicants must average no less than the minimum scoring threshold for each of the following sections:
1. People Served and Encampment Information (must receive 3 out of the 5 possible points)
2. Proposal’s Outcomes (must receive 10 out of the 15 possible points)
3. Centering People (must receive 16 out of the 20 possible points)
4. Core Service Delivery and Housing Strategies (must receive 11 out of the 15 possible points)
5. Budget and Resource Plan (must receive 10 out of the 15 possible points)
13 6. Key Entities and Staff (must receive 10 out of the 15 possible points)
7. Accelerated Timeline (must receive 10 out of the 15 possible points) B. Scoring
The Evaluation Panel will review and consider the totality of the information in the application when determining whether the application satisfies the minimum scoring threshold. However, applicants should respond to each application criteria in the proper application section to ensure all requirements are met.
ERF-3-R Scoring Matrix
Proposal Overview Factors that satisfy minimum scoring threshold:
People Served and
Encampment
Information
(Must receive 3 out of
the 5 possible points)
o Clearly describes the characteristics and
demographics of the people living in the
prioritized encampment and the physical
aspects of the encampment including
location, size of area, types of structures
onsite, and vehicles present.
o Makes a logical and compelling case for why
the identified encampment site is being
prioritized.
Proposal’sOutcomes
(Must receive 10 out
of the 15 possible
points)
o Proposal’s outcomes meaningfully align with
ERF-3-R’s objectives (set forth at Section I.C of
this NOFA).
o Outcomes are specific, measurable, realistic,
and time-based.
o Logically describes how progress will be
measured and outcomes achieved.
o Applicant demonstrates an above average
likelihood of achieving the proposal’s outcomes.
Centering People
(Must receive 16 out
of the possible 20
points)
o Uses well-informed analyses or the
perspectives of people with lived experience
of homelessness to inform the proposal’s
decisions, processes, and actions which
should advance the wellbeing of people
experiencing unsheltered homelessness in the
identified encampment.
o Aligns with and exemplifies Housing First
approaches.
o Provides trauma informed services and
supports, operationalizes harm reduction, and
14 centers an individual’s choice and
preferences.
o Prioritizes the dignity, health, and safety of
people experiencing homelessness in the
encampment.
o Details the controls in place to not “penalize
homelessness.”
Implementation Factors that satisfy minimum scoring threshold:
Core Service Delivery
and Housing
Strategies
(Must receive 11 out
of the possible 15
points)
o Includes a comprehensive outreach and
engagement strategyincluding case
management and service coordination for
people currently residing in the encampment.
o Details identify interim and permanent
housing options and includes a description of
how many individuals are projected to be
served with each interim and permanent
housing solution.
o Includes compelling evidence of an
applicant’s demonstrated ability and
commitment to deliver permanent housing for
people residing in the prioritized
encampment. Compelling evidence may
include identification, creation, availability,
and prioritization of permanent housing
resources as well as examples of prior
successes in permanently housing people
experiencing homelessness.
o Describes how the proposed service delivery
model is tailored to meet the needs and
preferences of the people residing in the
encampment site.
o Uses data and input from people with lived
experience of homelessness to inform housing
and service needs, preferences, and the
availability of resources to meet those needs
and preferences.
o Details strategies likely to prevent
displacement from the prioritized
encampment to another unsheltered location
and to prevent returns to unsheltered
homelessness.
15 o Details operable plans to support individuals
with the storage of their property and care of
their pets, while living in the encampment as
well as after they have moved into interim or
permanent housing.
Budget and Resource
Plan
(Must receive 10 out
of the possible 15
points)
o Demonstrates a sustainable, prudent, and
effective use of requested funding.
o Budget aligns with achieving the proposal's
outcomes, services and housing options, and
number of people served.
o Identifies non-ERF-3-R resources that will be
leveraged to support proposal
implementation including coordination of
resources from other systems that would
increase services and housing options. This
includes prior ERF awards, HUD unsheltered
NOFO, and other federal, state, and local
funding sources.
* Applications will be evaluated with the
understanding that communities vary significantly with
respect to the current availability of other fund sources that can be used as leverage for their proposed
projects and to sustain the projects beyond the grant
term. In the absence of currently available resources,
Applicants are encouraged to provide a specific plan
for obtaining the funding necessary to sustain their
project beyond the grant term if the project is
intended to continue.
Key Entities and Staff
(Must receive 10 out
of the possible 15
points)
o Includes a detailed description of the lead
entity that will oversee the implementation of
activities in the proposal. Describe lead
entity’s mission, goals, values, geographic
service area and existing efforts related to
serving persons living in encampments.
o Demonstrates the ability to recruit and deploy
personnel with experience and expertise
needed to support the success of the
proposal.
o Demonstrates commitment to cross-systems
collaboration with descriptions of key
contributions of each organization and local
community partners including their
experience and expertise in serving persons
experiencing unsheltered homelessness with a
16 range of service needs.
o Demonstrates collaboration between Local
Jurisdiction(s) and the CoC for this proposal.
o Demonstrates capacity to carry out the
proposal.
o Identifies the primary parties with rights to
and/or control of the property upon which
the encampment resides and their shared
understanding of and commitment to the
implementation of the proposal.
o If the encampment is on a state right of way,
the proposal describes how the applicant
collaborated with Caltrans on their program
design, implementation plan, and projected
timeline.
Accelerated Timeline
(Must receive 10 out
of the possible 15
points)
o Demonstrates how the community will act
urgently and efficiently while prioritizing the
dignity, safety and wellness of people
experiencing homelessness within the
encampment site.
o Demonstrates the likelihood of meeting
proposal milestones and objectives.
C. Award
After each application window has closed and all applications received during the window have been reviewed and scored, a Notice of Intent to Award shall be posted on the Cal ICH website and shall be sent by email to the proposed awardees.
Once awards have been determined by Cal ICH, a contract packet including the Standard Agreement and Request for Funds Form (RFF) form will be prepared and sent to the grantee. The grantee will return the signed Standard Agreement and RFF. Funds will be disbursed to the grantee upon receipt, review and approval of the completed Standard Agreement and RFF by Cal ICH. The RFF must include the total amount of funds proposed for expenditure. Grant funds will be disbursed via mailed check once the RFF has been processed through the Department of General Services and received by the State Controller’s Office. Checks will be mailed to the address and contact name listed on the RFF.
Applications that are denied funding will be provided evaluation panel feedback. Applicants are encouraged to incorporate this feedback and reapply in the next available application window.
17 D. Appeals
Pursuant to HSC Section 50251(c)(1), Cal ICH’s decision to approve or deny an application and the determination of the amount of funding to be provided shall be final and is not subject to appeal.
VII. PERFORMANCE AND REPORTING
A. Performance
Performance shall start no later than 30 days, or on the express date set by Cal ICH and the grantees, after all approvals have been obtained and the Standard Agreement is fully executed. Should the grantee fail to commence work at the agreed upon time, Cal ICH, upon five (5) days written notice to the grantee, reserves the right to terminate the Agreement. All performance under the Agreement shall be completed on or before the termination date of the Agreement.
ERF-3-R grantees must expend at least 50 percent obligate 100 percent of their allocation by 6/30/2025. All ERF-3-R funds must be expended by 6/30/27.
ERF-3-R funds not expended by the 6/30/27 deadline shall be returned to Cal ICH and will revert to the fund of origin.
B. Reporting
The grantee shall submit quarterly reports to Cal ICH with fiscal and programmatic data reflecting the progress of their ERF program in a format provided by Cal ICH. In addition to these quarterly reports, grantees shall adopt a specific project setup in their local HMIS that allows Cal ICH to identify all the served clients from the designated encampment by ERF-funded services and activities. The detailed instructions for establishing projects within HMIS will be furnished upon receipt of an award.
Once an application is submitted and approved, no substantive changes to the program design are allowed unless grantees (1) inform Cal ICH of the change to the program design; (2) explain the impacts of the program design change; and (3) receive written approval from Cal ICH to proceed. If enforcement action is taken or the encampment is otherwise disbursed, the grantee must notify Cal ICH immediately.
Grantees may also receive ad hoc requests for information from Cal ICH or its contractors in support of program monitoring, research, and evaluation.
Grantees with projects on state right of way may also be required to provide programmatic data to Caltrans.
18 At the end of the grant period, or upon request by Cal ICH, all grantees shall provide information and products developed with grant funds on service delivery models including any materials that may be necessary to study the program or replicate it for implementation across the state.
C. Public Records Act Requests
Applicants are hereby informed that all documents and correspondence related to their ERF-3-R application are subject to Public Records Act (PRA) requests.
VIII. Appendices
A. Definitions:
The following terms are defined in accordance with HSC section 50250:
(a) “Additional funding round moneys” means moneys appropriated for the program in or after fiscal year 2022–23.
(b) “Agency” means the Business, Consumer Services, and Housing Agency. (c) “Applicant” means a continuum of care or local jurisdiction (d) “Continuum of care” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(e) “Council” means the California Interagency Council on Homelessness, previously known as the Homeless Coordinating and Financing Council created pursuant to Section 8257 of the Welfare and Institutions Code. (f) “County” includes, but is not limited to, a city and county. (g) “Funding round 1 moneys” means moneys appropriated for the program in fiscal year 2021–22.
(h) “Homeless” has the same meaning as in Section 578.3 of Title 24 of the Code of Federal Regulations.
(i) “Local jurisdiction” means a city, including a charter city, a county, including a charter county, or a city and county, including a charter city and county.
19 (j) “Program” means the Encampment Resolution Funding program established pursuant to this chapter.
(k) “Recipient” means an applicant that receives grant funds from the council for the purposes of the program.
(l) “State right of way” means real property held in title by the State of California. (Amended by Stats. 2022, Ch. 70, Sec. 3. (SB 197) Effective June 30, 2022.)
Additional Definitions
(m) “Authorized Representative” should be the individual with authority to contract on behalf of the awardee.
(n) “Encampments” An encampment typically includes the following:
• A group of people sleeping outside in the same location for a sustained period.
• The presence of some type of physical structures (e.g., tents, tarps, lean- tos).
• The presence of personal belongings (e.g., coolers, bicycles, mattresses, clothes).
• The existence of social support or a sense of community for residents. (o) “Expend” means all ERF-3-R funds obligated under contract or subcontract have been fully paid and receipted, and no invoices remain outstanding.
(p) “Obligate” means that the Grantee has placed orders, awarded contracts, received services, or entered into similar transactions that require payment using ERF-3-R funding.
ITEM # 16
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. 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 24, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Waive the Second and Adopt 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
2. 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 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
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
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.
On January 10, 2024, the City Council enacted Urgency Ordinance No. 2472, per California Government Code sections 36934 and 36937. The Urgency Ordinance was 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, establishing an immediate update and definition of the roles, duties, and responsibilities of the Traffic and Safety Commission was necessary to allow the traffic commission to effectively and expeditiously address potential dangers or necessary modifications relating to traffic within the City. With the adoption of the Urgency Ordinance No. 2472, the City Council also approved an identical non-urgency Ordinance No. 2473 (Attachment A). Staff was also directed to bring back the Ordinance for a second reading and adoption.
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.
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, Public Works Director or 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
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
• Recommending capital improvement projects relating to traffic to City Council for approval.
SUMMARY:
It is recommended that the City Council waive the Second Reading and Adopt 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.
ATTACHMENT(S)
1. Attachment A - Ordinance No. 2473 - Traffic and Safety Commission
NEXT STEPS:
N/A
ATTACHMENT A
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:
ORDINANCE NO. 2473
SECTION 1.RECITALS. The above recitals are true and correct and made part of this 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.
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 Public Works Director or City Engineer;
4. The Police Chief; and
5. The City Attorney.
ORDINANCE NO. 2473
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.
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:
ORDINANCE NO. 2473
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.
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
ORDINANCE NO. 2473
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.
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.
ORDINANCE NO. 2473
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.
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.
2.44.13070 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.
ORDINANCE NO. 2473
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.]
ORDINANCE NO. 2473
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
ITEM # 17
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Joseph Palombi, Director of Planning & Community Development
SUBJECT: AWARD A PROFESSIONAL SERVICES AGREEMENT FOR
ADMINISTRATION OF HOME/CDBG PROGRAMS (RFP NO. 24-4)
DATE: January 24, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award a Professional Services Agreement to Advanced AVANT-GARDE Corporation (“Avant Garde”) in an amount not-to-exceed $276,760 over the course of a two (2) year term for Professional Support Services for the Administration of HOME/CDBG Programs; and
2. Authorize the City Manager to execute the proposed Professional Services Agreement with Advanced AVANT-GARDE Corporation; and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
Funding for the proposed agreement will come from the annual CDBG and HOME Administration allocations. The allowable annual Administration cap for CDBG is 20% of program allocation and 10% of HOME program allocation.
Recently, the City also received HUD approval for HOME-ARP funding, which is provided to communities to assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations, by providing housing, rental assistance, supportive services, and non-congregate shelter, to reduce homelessness and increase housing stability across the country. The allowable Administration cap for HOME-ARP is 15% of the program allocation.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
Total funding available for Fiscal Year 2024-25, which includes program income and previously unused funds:
CDBG Funds: $ 717,375.88
HOME Funds $ 1,851,620.19
HOME-ARP Funds $ 1,088,774
Available funding for administration costs for FY 2024-25:
CDBG Program
Administration:
$54,494.02
HOME Program
Administration:
$185,162
HOME-ARP Program
Administration:
$88,774
As previously referenced, all funds related to this Professional Services Agreement will be administered through the CDBG and HOME Administration Funds. The total, two-year (2-year) cost of the proposed agreement will be $276,760. This amount covers administrative support services totaling $114,880 in year one and $114,880 in year two plus an additional not-to-exceed amount of $47,000 for preparation of the Five-Year Consolidated Action Plan (“Con Plan”). Table 3 below is intended to show annual funding sources associated with the Professional Services Agreement.
The FY 2024-25 budget will be developed utilizing these updated professional services expenses, in line with the permitted administrative allocation for the CDBG, HOME and HOME-ARP programs. No budget amendment is needed at this time, and appropriations will be made with the FY 2024-25 budget.
BACKGROUND/DISCUSSION:
Each year the U.S. Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of Montebello, specifically Community Development Block Grant (CDGB) and Home Investment Partnerships (HOME) Program funds.
On August 24, 2023, the City issued a Request for Proposals No. 24-4 (“RFP 24-4”, Attachment B) for Professional Support Services for Administration of HOME/CDBG Programs. RFP 24-4 was posted on the City’s website and on www.PlanetBids.com. RFP 24-4 closed on September 28, 2023 and the City received three (3) proposals through PlanetBids in response.
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
Under general direction from the Director of Planning and Community Development, the selected consultant will be tasked with assisting and providing as-needed support for management and related functions to successfully execute the projects/programs that are funded with CDBG/HOME funds administered by HUD and approved by the City Council.
ENVIRONMENTAL:
The California Environmental Quality Act (Section 2100, et. seq. of the California Public Resources Code, hereafter “CEQA”) requires analysis of agency approvals of discretionary “projects.” A “project,” under CEQA, is defined as “the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment” (State CEQA Guidelines Section 15378). The proposed Project is a project under CEQA.
Staff have reviewed the Project to determine the required level of review under CEQA and has determined that the proposed Project is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3) (Common Sense Exemption). Section 15061(b)(3) of the State CEQA Guidelines states that an activity is covered by the common sense exemption that CEQA only applies to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA review. Nevertheless, it is important to note that specific projects/programs that qualify for funding under the proposed Project may be subject to environmental review prior to implementation.
ANALYSIS:
On August 24, 2023, RFP No. 24-4 for Professional Support Services for Administration of HOME/CDBG Programs was posted on PlanetBids generating notices to registered vendors (Attachment B). The City received three (3) proposals in response to RFP No. 24-4. The Planning and Community Development Department selected an evaluation panel of staff to review, score, and assess the proposals. The panel consisted of the Director of Planning and Community Development, Housing Manager, and Senior Management Analyst.
The proposals were evaluated based on criteria set forth In RFP No. 24-4 and were scored on various aspects of their proposals. The scoring associated with this RFP was based on a range from 0 to 100 with 100 being the highest possible cumulative score.
Table 1 contains the scoring related to RFP No. 24-4 where the City received proposals from Advanced Avant Garde Corporation, Eli Patrick & Co., and The Ramsey Group:
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
TABLE 1
Vendor 1 Vendor 2 Vendor 3
Reviewer 1 94 88 70
Reviewer 2 98 97 70
Reviewer 3 95 93 65
Total Score 95.6 92.6 68.3
Based on the proposals submitted by each consultant, Avant Garde was selected as the most qualified consultant who demonstrated the highest standard in meeting the project requirements (Attachment C). As a result, the Department proposes to contract with Avant Garde.
Table 2 contains the proposed hourly billing rates for Avant Garde:
TABLE 2
Avant Garde
Program Director $140/hr
Program Manager $120/hr
Senior
Program Coordinator
$100/hr
Program Coordinator $90/hr
Table 3 provides an overview regarding the proposed budget for Professional Support Services for the Administration of HOME/CDBG, including CDBG-CV, HOME-ARP and Davis Bacon Compliance Monitoring:
TABLE 3
Year One Year Two
CDBG $58,440 $58,440
CDBG-CV $5,840 $5,840
Davis Bacon Monitoring $15,060 $15,060
HOME $6,900 $6,900
HOME Rehab Program
Administration
$6560 $6560
HOME-ARP $22,080 $22,080
Total $114,880 $114,880
5 Year Con Plan , AI & Annual
Action Plan
$0 $47,000
Grand Total $114,880 $161,880
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
SUMMARY:
The City Council will consider approving a Professional Services Agreement for Professional Support Services, attached hereto in substantial form (Attachment A), for Administration of HOME/CDBG Programs with Avant Garde and authorize the City Manager to execute the Professional Services Agreement. City staff will be responsible for the following items with general guidance from Avant Garde. • HUD Program Guidance
• IDIS management, flagged items, program set up, program income • Annual preparation of Consolidated Annual Performance and Evaluation Report, Annual Action Plan
• Periodic update of policies and procedures, guidelines • Staff reports, resolutions, presentations
• Prepare environmental reviews
• Consultant should have familiarity with NEPA and other Federal and State environmental laws that may impact programs
• Prepare Public Service Agreements/MOUs
• Budget preparation
• Maintain project files and checklists
• Respond to HUD letters/correspondence
• Conduct required program monitoring: Public Services Quarterly Reports, Annual Public Services On-Site Monitoring
• Prepare for and participate in HUD monitoring/audit
• CDBG/HOME Loan reconciliation
SCOPE OF SERVICES
Under general direction from the Director of Planning and Community Development, and designated staff, Avant Garde will be tasked to assist and provide support as needed for management and related functions to successfully execute the projects/programs that are funded with CDBG/HOME funds including, but not limited to the following:
• Verify funded projects meet Federal Eligibility in accordance with HUD Section 24 of the Code of Federal Regulations
• Awareness of Federal Labor Standards (Prevailing
wages/timesheets/Davis Bacon compliance and monitoring) • Collect and verify program eligibility as it relates to CDBG and HOME funded projects
• Housing Rehabilitation Program Management
• Income qualification
• Field Inspection
• Community Engagement
• Prepare loan/grant documents
• Contractor Packets – (Bid documents)
• CHDO Project Management
• Coordinate with CHDO entity for the development of affordable housing
CITY COUNCIL AGENDA REPORT - MEETING OF JANUARY 24, 2024
• Provide technical assistance in evaluating affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering
Staff recommends that the City Council: 1) authorize the retention of Avant Garde and approve the Professional Services Agreement, attached hereto in substantial form (Attachment A), for a two-year term in an amount not-to-exceed $276,760 (or $114,880 for year one and $161,880 for year two); and 2) authorize the City Manager to execute the proposed Professional Services Agreement. Staff will prepare the FY 2024-25 budget will appropriations in these amounts to fund the necessary services as part of the agreement's scope of work. Therefore, no budget adjustment is needed at this time.
ATTACHMENT(S)
1. Attachment A - Draft Professional Services Agreement
2. Attachment B - RFP 21-24 Consultant Services for Administration of HUD Programs, Services & Activities Related to CDBG and/or Home Program
3. Attachment C - RFP 21-24 Avant Garde Proposal
NEXT STEPS:
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4173
WITH
ADVANCED AVANT-GARDE COMPANY
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on February 24, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and Advanced Avant Garde Company (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide Professional Support Services for the Administration of CDBG/HOME programs in the CITY; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. I NCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
a. The above- referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits, including scope of work, fee schedules, and any and all addenda or supplemental agreements.
2. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits. b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVI
CES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern. b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide Professional Support Services as set forth fully in the scope of work, as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 4173
c. The C
ONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by
this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to t
he CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. Thi
s Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated ear
lier as hereinafter provided. This Agreement may be extended for up to two (2), one- year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. N
otice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.
SECTION 4. PERFORMANCE.
a. The C
ONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The C
ONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The C
ONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The C
ONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined.
Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the
CONSULTANT.
e. The C
ONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by t he C
ONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosur e pur
suant to the attorneyclient privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.
SECTION 5. WORK PRODUCT.
a. The C
ONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no s
uch written products shall be the subject of a copyright application by the CONSULTANT.
PROFESSIONAL SERVICES AGREEMENT NO. 4173
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY . The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).
SECTION 7. CITY SUPERVISION.
The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination.
This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY , the Parties agree that the CONSULTANT shall be reimbursed for any
PROFESSIONAL SERVICES AGREEMENT NO. 4173
“nonrefundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non - refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY , or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly s et forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY . No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.
a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall
PROFESSIONAL SERVICES AGREEMENT NO. 4173
execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY , the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY .
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products - completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
PROFESSIONAL SERVICES AGREEMENT NO. 4173
• Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
• Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for nonpayment) has been given to the CITY.
The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non- renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a
PROFESSIONAL SERVICES AGREEMENT NO. 4173
certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).
h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY . Any insurance or self-insurance maintained by the CITY , its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY .
l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY , the CONSULTANT shall either reduce or eliminate the deductibles or self - insured retentions with respect to the CITY , or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY . Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
PROFESSIONAL SERVICES AGREEMENT NO. 4173
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
PROFESSIONAL SERVICES AGREEMENT NO. 4173
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via email (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered, or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: Joseph Palombi , Director or Planning
and Community Development
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 Ext. 1598
Email: [email protected]
With a copy to: City of Montebello – Finance Department Attn: Michael Solorza, Director of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200 Ext. 1412
Email: [email protected]
If to Consultant: Advanced Avant Garde Corporation Attn: Ana Marie LeNoue, President/CEO
807 S. Lemon Ave.
PROFESSIONAL SERVICES AGREEMENT NO. 4173
Diamond Bar, CA 91789
(909) 895-7146
[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON- DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that subconsultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestr y , age, physical or mental
handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT O F INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSU LTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSU LTANT. The CONSU LTANT's covenant under this section shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. [Please see signatures on next page.]
PROFESSIONAL SERVICES AGREEMENT NO. 4173
(“CONSULTANT”) (“CITY”)
CITY OF MONTEBELLO ADVANCED AVANT GARDE CORPORATION
_______________________________________________
_______________________________________________
Raul Alvarez, City Manager Ana Marie LeNoue, President/CEO ___________________________________
Arnold M. Alvarez-Glasman, City Attorney
___________________________________
Christopher Jimenez, City Clerk
ATTEST:
APPROVED AS TO FORM:
PROFESSIONAL SERVICES AGREEMENT NO. 4173
• Exhibit A – Request for Proposals for Services and Contractor’s Proposal • Exhibit B – Schedule of Compensation
• Exhibit C – Live Scan Fingerprinting Requirement
EXHIBIT A
Request for Proposals for Services and Contractor’s Proposal
EXHIBIT B
Schedule of Compensation
EXHIBIT C
Live Scan Fingerprinting Requirements
Prior to commencing services, the CONSULTANT may be required to successfully pass a Department of Justice fingerprinting background check (“Live Scan”) performed by a certified fingerprinting service provider or at the City of Montebello Police Department.
The CONSULTANT shall be responsible for obtaining the Live Scan for its staff and shall bear the cost thereof. The agency completing the fingerprints must provide the City of Montebello Human Resources with the background check results and subsequent records for review. The CONSULTANT
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 4
Consultant Services –
Administration of Housing and Urban Development (HUD)
programs, services, and activities related to Community Development Block Grant (CDBG) and/or the HOME Investment Partnership Program (HOME)
Release Date: Thursday, August 24, 2023
Due Date: Thursday, September 28, 2023, at 11 a.m. PST
ATTACHMENT B
2 (This Page Intentionally Left Blank)
3 TO PROSPECTIVE PROPOSERS
The City of Montebello (“City”) invites proposal submissions under this Request for Proposals ( “RFP”). The City will evaluate responses to this solicitation to determine qualifications. Submissions must adhere to the format and content described. Only proposals that adhere to the requirements will be evaluated. The information set forth is the mi nimum required to qualify for consideration. The successful proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
DATE OF SOLICITATION
August 24, 2023
PROJECT
Administration of Ho using and Urban Development (HUD) programs, services, and activities related to Community Development Block Grant (CDBG) and/or the HOME Investment Partnership Program (HOME)
PROPOSAL OWNER
City of Montebello – Department of Planning/Community Development 1600 West Beverly Blvd
Montebello, CA 90640
Attn: Joseph Palombi, Director of Planning/Community Development Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
PROPOSAL CONTACT
City of Montebello – Department of Planning/Community Development Housing Division
1600 West Beverly Blvd
Montebello, CA 90640
Attn: Rosemary Perich, Housing Manager
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
Any questions about this RFP should be submitted via the City's PlanetBids Portal by Wednesday, September 13 , 2023, at 11:00 a.m. PST. Prospective consultants must register their business with PlanetBids before being able to view or submit a response.
To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 7
6.0 Proposal Content/Format 9
7.0 Evaluation of Proposal 10
8.0 Proposal Protests 11
9.0 Execution of Agreement 12
10.0 Insurance 12
11.0 Use of Federal Funds 15
12.0 Non-Commitment of City 17
13.0 Labor Requirements 17
14.0 Records 18
15.0 Subcontractors 18
16.0 Modifications/Changes 18
17.0 Disclosure of Information 18
18.0 Ex-Parte Communications 19
19.0 City of Montebello Rights 19
Appendix A – Sample Professional Services Agreement
Appendix B – References (Complete & return with proposal submission) Appendix C – Proposal Content Checklist (Complete & return with proposal submission)
5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified consultants to assist with the administration of Housing and Urban Development (HUD) programs, services, and activities related to the Community Development Block Grant (CDBG) and/or the HOME Investment Partnership Program (HOME) , following the specifications, terms, and conditions identified in this RFP. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.
To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
Prospective consultants must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, September 13, 2023, at 11:00 a.m.
PST.
***QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS****
Proposals must be submitted via PlanetBids by Thursday, September 28 , 2023, at 11:00 a.m. PST.
Responses to this request for proposals will be evaluated to determine the consultant that is the most qualified and respons ive to the requirements. Responses must adhere to the format and content described in the RFP.
6 2.0 Introduction
As an Entitlement City, the City of Montebello is an annual recipient of the Community Development Block Grant (CDBG) Program and HOME P rogram funds from the U.S.
Department of Housing and Urban Development (HUD). The City is estimated annually to receive approximately $600,000 in CDBG and $300,000 in HOME fund ing. These funds are provided to the City to implement the following activities and programs:
• Code Enforcement
• Summer Youth Employment
• Production of Affordable Housing
• Home Improvement and Preservation
• Community Housing and Development Organization activities
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. I t hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Thursday, August 24, 2023
• Online Q&A Deadline Wednesday, September 13, 2023,11 a.m. PST • Deadline to Submit Responses Thursday, September 28, 2023, at 11 a.m. PST • City Review of Submissions October 2023
• Interviews TBD (If Necessary)
• Notifications Sent to Vendors Late October 2023/Early November 2023 • Award Mid/Late November 2023
4.0 Purpose
Through this RFP process, the City seeks to identify a consultant to provide professional services to administer and implement the City's Federal Grant Programs (CDBG and HOME funds).
The City seeks to establish a two (2) year agreement with the option to extend for one (1) additional year. The term requirements may change if deemed necessary while making an award.
7 5.0 Scope of Work/Services
Under general direction from the Director of Planning and Community Development and designated staff, the selected consultant will be tasked to assist and provide support as needed for management and related functions to successfully execute the projects/programs that are funded with CDBG/HOME funds including, but not limited to the following:
• CDBG/HOME Loan Reconciliation
• Verify that funded projects meet Federal Eligibility fol lowing HUD Section 24 of the Code of Federal Regulations
• Awareness of Federal Labor Standards (Prevailing wages/timesheets/Davis Bacon compliance monitoring)
• Collect and verify program eligibility as it relates to CDBG and HOME -funded projects
• Housing Rehabilitation Program Management
• Income Qualification
• Field Inspection
• Community Engagement
• Prepare loan/Grant documents
• Contractor Packets (Bid Documents)
• CHDO Project Management
• Coordinate with CHDO entity for the development of affordable housing • Provide t echnical assistance in the evaluation of affordable housing projects, including maximum subsidy per unit, underwriting requirements, and subsidy layering
Proposed Projects for Fiscal Year 2023 – 24
(*Activities may be subject to change)
8 # Project Name Funding
1 Housing Rights Center (HRC) CDBG
Admin
2 Section 108 Loan Payment CDBG
3. Youth Employment Program ( YEP) CDBG
4. Planning and Administration CDBG CDBG
5. Housing Rehabilitation and Preservation Program (HRPP) HOME
6. Planning and Administration HOME HOME
7. Recreation Scholarship Program CDBG
8. YMCA Montebello/Commerce CDBG
9. Heart of Compassion (HOC) CDBG
10. CHDO- Acquisition and New Construction HOME
Total Funding available for Fiscal Year 2023 - 24:
CDBG Funds: $703,939.00 (includes program income)
HOME Funds: $991,152.02 (includes program income)
*The funding amount may be subject to change
On-going Projects from Previous Fiscal Years
# Project Name Funding
1. Public Facilities Improvements CDBG
2. Montebello Senior Center Improvements CDBG
3. Montebello Community Assistance Program (MCAP) CDBG-CV
4. Heart of Compassion (HOC) CDBG-CV
5. CDBG-CV Program Administration CDBG-CV
It is important to note that HOME -ARP Funds have been allocated to the City in the amount of $1,088,774. The administration of the HOME ARP program will also be a part of the scope of the service.
City Roles/Responsibilities
City Staff will be responsible for the following items with general guidance from the selected consultant:
• HUD Program Management
• IDIS Management: flagged items, program set up, program income • Annual Preparation of Consolidated Annual Performance and Evaluation Report, Annual Action Plan
• Periodic updates of policies and procedures, guidelines • Staff reports, resolutions, and presentations
9 • Prepare environmental reviews (Consultant should have familiarity with NEPA and other Federal and State environmental laws that may impact programs) • Prepare Public Service Agreements/MOU’s
• Budget Preparation
• Maintain project files and checklists
• Respond to HUD letters/correspondence
• Conduct required program monitoring: Public Service Quarterly Reports, Annual Public Services on-site monitoring
• Prepare for and participate in HUD monitoring/audit
6.0 Proposal Content/Format
To maintain uniformity with all proposals submitted, it is requested that the consultant's proposal include the following minimum information:
A. Cover letter that serves as an executive summary of the proposal limited to up to three (3) pages. The letter should include firm's understanding of the work to be performed. In addition, state why your firm believes itself to be the best qualified to perform the services requested. Also, state the Management Contact (name and title of the representative authorized to sign an agreement for your firm) and Project Manager (name and title of the person responsible for day-to-day management of the project).
B. Experience and qualifications of the consultant and management team, including a description of relevant similar projects. The City re serves the right to reject any firm's consultants or management team. After the proposal deadlines, substitution of consultants and management team may only be made with the permission of the City.
C. An outline showing tasks and time frames to ensure comple tion and submittal of the document prior to the Federal deadline (Action Plan, Consolidated Annual Performance Evaluation Report, and Assessment of Fair Housing).
D. A reference list of at least three (3) other public agencies, including contact person’s name and phone number, who the consultant currently provides HUD services to.
E. A list of any pending or previous litigation over the past five (5) years related to your firm’s work, and the outcome of any closed claims or cases.
F. Total annual project costs to the City, including a breakdown of costs by task and hourly rates.
10 The consultant acknowledges that the submittal of a proposal constitutes acceptance of and a willingness to comply with all the terms, conditions, and criteria contained within this RFP. Proposals not complying with the terms and conditions contained herein may cause rejection. The City reserves the right to interpret or change any provision of this RFP at any time before the proposal submission due date. Such changes or interpretations will be in the form of an addendum.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Consultants planning to submit responses to this request must 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 pr ocess 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 Eva luation - Award will be made to the proposer whose proposal offers the best value to the City.
Qualitative considerations
The proposer's qualitative proposal will be evaluated based on the following factors, each having the weighted value set forth below:
Project approach 10 points
Proposed personnel 15 points
Experience and references 30 points
Project controls 25 points
TOTAL 80 points
Price Considerations
The Price Proposals will be evaluated as follows:
The Proposer's Price Proposal will b e compared to the lowest responsive Price Proposal. The lowest responsive price will receive the total weighted value for this criterion (20 points). All other PPs will be scored as follows:
11 Proposer Price Score = lowest price proposal x 20 (total points available for price evaluation)
C. Interviews with Consultants - If necessary, the City may hold interviews with some consultants. A City representative will contact consultants selected for interviews with date, time, and location.
8.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing no later than ten (10) working days before opening. The most common types of protest that might be filed before a proposal opening include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.
When a protest is filed before a scheduled proposal opening, certain steps must be followed:
A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determination. Protest must be submitted to the Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:
Mail:
Michael Solorza, Director of Finance
City of Montebello
Attn: Department of Finance
1600 W. Beverly Blvd
Montebello, CA 90640
or
E-mail:
[email protected]
B. The protest must contain factual and legal reason(s) and should recommend a proposed remedy. Nevertheless, it should be noted that the City reserves the right not to implement the propose d remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may
12 include all proposers, subcontra ctors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly 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 w riting within ten (10) working 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 exhaustion of administrative remedies, the protesting p arty will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) w orking days after the proposal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.
9.0 Execution of Agreement
The resulting agreement (se e Appendix A - Sample PSA ) shall be signed by the successful consultant and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the consultant has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall cause, at the City's option, for annulment of the award. Please review the insurance requirements and indemnification clause in the attached sample agreement.
Should the successful Consultant decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
10.0 Insurance
The consultant selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
13 A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occu rrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an end orsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
B. Business Automobile Liability
For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.
If an automobile is not necessary to perform services, the firm must submit a written request for a waiver of this requirement.
C. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
14 Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).
Primary, non-contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self - insurance, primary or excess, maintained by or available to the City or its 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 genera l, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance re quirements will be identified within the associated service contract terms and conditions.
Consultants may request a waiver or modification of these insurance requirements.
Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case -by- case basis, and the decision will ultimately depend on the scope of servic es. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
15 11.0 Use of Federal Funds
In general, for any purchase, the City may elect to use funding from Federal sources for a p ortion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "pa ssed-through" to the City from a non -Federal entity (i.e., sub -recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
• Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
The services described in these provisions are to be funded through a grant provided by HUD. The successful consultant shall comply with all applicable terms and conditions prescribed by the federal government for third-party contracts.
The federal government is not a party to this contract and has no obligations or liabilities to any consul tant in connection with the performance of this project. The consultant agrees to include this clause in each subcontract.
During the performance of this contract, the consultant agrees as follows:
A. Non-discrimination – in accordance with Title VI of the Civil Rights Act, the consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or
16 disability.
B. Equal Employment Opportunity – the following Equal Employment O pportunity requirements applied to the underlying contract:
• Race, color, creed, national origin, sex – the contractor agrees to take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard t o their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other for ms of compensation; And selection for training, including apprenticeship.
C. Age – the consultant agrees to refrain from discrimination against present and prospective employees for reason of age.
D. Disabilities – the consultant agrees that it will comply wi th the requirements of the Equal Employment Opportunity Commission, “Regulations to implement the Equal Employment provisions of the Americans with disability act,” 29 C. F. R.
Part 1630, pertaining to the employment of persons with disabilities.
E. The cons ultant also agrees to include these requirements in each subcontract financed in whole or in part with federal assistance provided by HUD, modified only if necessary to identify the affected parties.
The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development act of 1968, as amended 12 U. S. C. 1701 u (Section 3). the purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shell, to the greatest extent feasible, be directed to low and very low -income persons, particularly persons who are recipients of HUD assistance for housing.
The parties to this contract agreed to comply with HUD’s regula tion in 24 CFR part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.
The consultant agrees to send to each labor organization or representative or workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers representativ e of the contractors' commitments under this Section 3 clause and will post copies of the notice in conspicuous places at work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3
17 preference, shall set forth the minimum number and job titles subject to higher, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person (s) and taking applications for each of t he positions, and the anticipated date the word shall begin.
The consultant agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135 and agrees to take appropriate action, as provided in an app licable provision of the subcontract or in Section 3 clause, upon a finding that the subcontractors in violation of the regulations in 24 CFR part 135.
The consultant will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135.
The consultant will certify that any vacant employment positions, including training positions, that are filled 1) after the contractor is selected but before the contract is executed and 2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, or not filled to circumvent the consultants' obligations under 24 CFR part 135.
Noncompliance with HUD’s regulation in 24 CFR part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD - assisted contracts.
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
12.0 Non-Commitment of City
While the City intends to select a consultant through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.
13.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the consultant and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.
B. Health: All personnel engaged in the performance of this work shall be in good
18 health and free of contagious diseases. The consultant shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the consulta nt allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The consultant shall not discriminate in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work proper ly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
14.0 Records
The consultant agrees to permit the City Manager or designee access to the consultant's records, reports, files, and other papers or property to audit any performance aspect under this agreement.
15.0 Subcontractors
The consultant shall be responsible for all work performed under the final agreement and keep all work under his contro l. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the consultant's direct supervision and be considered as their employees. Any approved subcontractors must pro vide insurance indemnifying the City with limits at or exceeding the limits of the contractor's insurance.
16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreeme nt requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the consultant. These changes will be processed through the City Manager.
17.0 Disclosure of Information
A. The consultant agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any per son, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information
19 received by the consultant shall be used exclusiv ely in connection with the performance of services.
B. The consultant shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the consultant hereunder or mentioning or implying the nam e of the City or its respective personnel without the prior written consent of the City.
18.0 Ex-Parte Communications
Consultants and consultant representative s should not engage in unauthorized communications with elected officials, officers, employees , or agents of the City about this RFP. This requirement also includes any evaluation panel member, except for designated RFP facilitators. This requirement remains in effect until after award notifications have been made.
This restriction does not prohi bit 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 pr oposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The consultant, in the sole judgment of the City, needs to gai n the qualifications, experience, and/or responsibility necessary to provide the services.
iii. The consultant failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.
B. Reject an y proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs;
20 F. Waive any errors or informalities in any proposal to the extent law permits;
G. Make changes to the requirements, terms, or conditions identified in this RFP will by written addenda. Any written addenda issued shall be incorporated into the terms and conditions of any resulting agreement. The City will not be bound by any modifications to or deviations from the requirements outlined in this RFP as a result of oral instructions.
Please review:
Appendix A – Sample Professional Services Agreement
Appendix B – References (Complete & return with proposal submission) Appendix C – Proposal Content Checklist (Complete & return with proposal submission)
APPENDIX A
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. ______
WITH _____________
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202_ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and __________________________ (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qua lified professional consultant to provide __________________________ services in the CITY; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
a. The ab ove-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of t he following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
1. This Agreement and its Exhibits, including scope of work, f ee schedules, and any and all addenda or supplemental agreements.
2. All other documents, including but not limited to all applicable bonds, insurance certifica tes, permits, notices, schedules, forms , certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
a. To the extent of a conflict between the terms of this Agreement and th at set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide _________________________ services as set forth fully in the scope of work , as such is set forth fully in Exhibit “A” attached hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
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c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY. SECTION 3. TERM. a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head. SECTION 4. PERFORMANCE. a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT. e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request. SECTION 5. WORK PRODUCT. a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product
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shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT. b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement. SECTION 6. EXTRA SERVICES. No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”). SECTION 7. CITY SUPERVISION. The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager. SECTION 8. TERMINATION. In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default. a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination. b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by
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giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “non-refundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination. SECTION 9. EMPLOYMENT OF CITY EMPLOYEES. No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement. SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES. No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT. SECTION 11. INDEPENDENT CONSULTANT. a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants
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with workers’ compensation insurance or any other insurance. SECTION 12. CALPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants. b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY. c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits. SECTION 13. LEGAL RESPONSIBILITIES. The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section. SECTION 14. INDEMNIFICATION. The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
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SECTION 15. INSURANCE COVERAGE. a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below: • Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit. • Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. • Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. • Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT. c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide. e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to
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the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to: City of Montebello Attn: Risk Manager 1600 West Beverly Boulevard Montebello, CA 90640 Email: [email protected] Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and
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expenses. m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement. SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION. The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved. Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement. SECTION 17. NO WAIVER. Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof. SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW. Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement. SECTION 19. ATTORNEY’S FEES AND COSTS. If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled. SECTION 20. WARRANTIES. Each of the parties represents and warrants to one another as follows:
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a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement; b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement. SECTION 21. MISCELLANEOUS. a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions. b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement. SECTION 22. NOTICE.