Monitoring
Cont.
modifications, including the review of timesheets and
invoices as applicable;
• Procurements and contracts;
• Ensuring equipment lists are properly maintained and
physical inventories are conducted;
• Ensuring advances have been disbursed in accordance
with applicable guidelines; and
• Confirming compliance with Standard Assurances; and
• Information provided on performance reports and
payment requests
NOTE: It is the responsibility of all Subrecipients that pass down grant funds to other entities, to maintain and utilize a formal process to monitor the grant activities of their subawards. This requirement includes, but is not limited to, on-site verification of grant activities, as required. It is common for Subrecipients to receive findings in a programmatic site visit or compliance assessment, which require a Corrective Action Plan (CAP) to be submitted by Subrecipients. Those Subrecipients who fail to submit a CAP, as required, shall have a “hold” placed on any future reimbursements until the “finding” is resolved.
Failure to Submit
Required Reports
Periodic reporting is required by the grant. Subrecipients who miss a single reporting deadline may receive a letter
addressed to their Board of Supervisors informing them of the failure to report. County OAs and tribes who fail to report twice consecutively may have subsequent awards reduced
by 10% until timely reporting is reestablished; UASIs may have a “hold” placed on any future reimbursements.
Suspension/
Termination
Cal OES may suspend or terminate grant funding, in whole or in part, or other measures may be imposed for any of the following reasons:
Suspension/
• Failure to submit required reports.
• Failure to expend funds in a timely manner consistent with the grant milestones, guidance, and assurances.
• Failure to comply with the requirements or statutory
progress toward the goals or objectives of federal or state law.
• Failure to make satisfactory progress toward the goals or objectives set forth in the Subrecipient application.
• Failure to follow Grant Subaward requirements or Special Conditions.
EXHIBIT F
Termination
Cont.
• Proposing or implementing substantial plan changes to the extent that, if originally submitted, the application would not have been selected for funding.
• False certification in the application or document.
• Failure to adequately manage, monitor, or direct the
grant funding activities of their Subrecipients.
Before taking action, Cal OES will provide the Subrecipient reasonable notice of intent to impose corrective measures and will make every effort to informally resolve the problem.
Closeout
Cal OES will close-out Subrecipient awards when it
determines all applicable administrative actions and all required work of the federal award have been completed.
Subawards will be closed after:
• All funds have been requested and reimbursed, or
disencumbered;
• Receiving all applicable Subrecipient reports indicating all approved work has been completed, and all funds have
been distributed;
• Completing a review to confirm the accuracy of reported information;
• Reconciling actual costs to subawards, modifications, and payments; and
• Verifying the Subrecipient has submitted a final BSIR showing all grant funds have been expended.
Records Retention The records retention period is three years from the date of the Cal OES Grant Closeout letter, or until any pending litigation, claim, or audit started before the expiration of the three-year retention period has been resolved and final action is taken.
For indirect cost rate proposals, cost allocation plans, or other rate computation records, the start of the record retention period is dependent on whether the proposal, plan, or other computation is required to be submitted to the federal
government (or to the pass-through entity) for negotiation purposes. See 2 C.F.R. § 200.334(f).
In order for any cost to be allowable, it must be adequately documented per 2 C.F.R. § 200.403(g).
EXHIBIT F
Records Retention
Cont.
The Cal OES Grant Closeout Letter will notify the Subrecipient of the start of the records retention period for all
programmatic and financial grant-related records.
If the State Administrative Agency’s award remains open after the Subrecipient’s submission of the final BSIR, Cal OES will complete any additional BSIR reporting required under the award on behalf of the Subrecipient.
Closed grants may still be monitored and audited. Failure to maintain all grant records for the required retention period could result in a reduction of grant funds, and an invoice to return costs associated with the unsupported activities.
If documents are retained longer than the required retention period, FEMA, the DHS Office of Inspector General,
Government Accountability Office, and pass-through entity have the right to access these records as well. See 2 C.F.R. §§ 200.334, 200.336.
EXHIBIT F
38 Attachment A ‒ FY 2023 HSGP Allocations | 2023
*SHSP allocations reflect National Priority Area project adjustments State Homeland Security Program (SHSP)
Operational Area Total Award Operational Area Total Award ALAMEDA 1,650,795 ORANGE 3,091,413
ALPINE 76,145 PLACER 465,161
AMADOR 113,439 PLUMAS 93,069
BUTTE 267,310 RIVERSIDE 2,398,207
CALAVERAS 117,971 SACRAMENTO 1,578,910
COLUSA 94,168 SAN BENITO 137,459
CONTRA COSTA 1,178,218 SAN BERNARDINO 2,161,778
DEL NORTE 100,963 SAN DIEGO 3,210,706
EL DORADO 256,682 SAN FRANCISCO 878,889
FRESNO 1,039,636 SAN JOAQUIN 823,130
GLENN 102,425 SAN LUIS OBISPO 342,774
HUMBOLDT 203,934 SAN MATEO 785,321
IMPERIAL 246,059 SANTA BARBARA 499,634
INYO 93,103 SANTA CLARA 1,882,403
KERN 942,855 SANTA CRUZ 329,271
KINGS 220,012 SHASTA 247,205
LAKE 126,762 SIERRA 78,080
LASSEN 103,878 SISKIYOU 116,809
LOS ANGELES 9,481,457 SOLANO 501,615
MADERA 225,138 SONOMA 535,157
MARIN 320,277 STANISLAUS 599,128
MARIPOSA 102,042 SUTTER 169,572
MENDOCINO 168,349 TEHAMA 132,940
MERCED 346,225 TRINITY 90,284
MODOC 83,289 TULARE 528,108
MONO 87,762 TUOLUMNE 127,741
MONTEREY 488,715 VENTURA 870,207
NAPA 204,898 YOLO 285,965
NEVADA 171,574 YUBA 153,481
*Total 41,728,498
EXHIBIT F
Fusion Centers
Region Total Award
SAN FRANCISCO BAY AREA 1,792,050
SACRAMENTO/CENTRAL VALLEY AREA 2,565,000
GREATER LOS ANGELES AREA 2,887,500
SAN DIEGO AREA 2,047,500
ORANGE AREA 835,000
*Total 10,127,050
* SHSP allocat
ions reflect National Priority Area project adjustments Urban Areas Security Initiative (UASI)
*A minimum of 35% of UASI funding must be for Law Enforcement Terrorism Prevention Urban Area
Federal
Allocation to
State
Allocation to
UASI State Initiatives
ANAHEIM/SANTA ANA AREA 5,250,000 4,278,750 971,250
BAY AREA 36,493,265 29,742,011 6,751,254
LOS ANGELES/LONG BEACH AREA 66,174,270 53,932,030 12,242,240 RIVERSIDE AREA 3,900,000 3,178,500 721,500
SACRAMENTO AREA 3,800,000 3,097,000 703,000
SAN DIEGO AREA 16,445,560 13,403,131 3,042,429
Total 132,063,095 107,631,422 24,431,673
EXHIBIT F
Attachment B ‒ FY 2023 HSGP Timeline | 2023
DHS/FEMA Announcement of 2023 HSGP NOFO
February 13, 2023
Cal OES Application Due to DHS
May 18, 2023
DHS Award to California September 25, 2023
Subrecipient period of performance begins
September 1, 2023
2023 HSGP California Supplement release
October 2023
Subrecipient Workshops
October 2023
Subrecipient Awards (45 days from DHS award) October 2023 Subrecipient Final Applications for FY23 Due to
Cal OES
December 29, 2023
Subrecipient period of performance ends
May 31, 2026
Final Cash Requests due to Cal OES
Within twenty (20) calendar
days after end of grant
Cal OES’s period of performance ends
August 31, 2026
EXHIBIT F
Attachment C: FY 2023 HSGP Application Checklist | 2023
Subrecipient: FIPS#:
Program Representative:
Financial Management Forms Workbook:
☐ Grant Award Face Sheet
☐ Authorized Body of 5
☐ Project Ledger
☐ Planning Tab
☐ Organization Tab
☐ Equipment Tab
☐ Training Tab
☐ Exercise Tab
☐ Consultant/C ontractor Tab
☐ Management & Administration Tab
☐ Indirect Cost Tab
☐ Authorized Agent Sheet
Attachments:
☐ Original Counter-Signed Award Letter
☐ Governing Body Resolution (Certified)
☐ Standard Assurances (Signed Originals)
☐ FFATA Certification
☐ Lobbying Certification
☐ Subrecipient Grant Management Assessment Form
☐ Indirect Cost Rate Negotiation Agreement
☐ Personnel Cap Waiver (If Applicable)
☐ Intelligence Analyst(s) Certificates (If Applicable)
UASI Only:
☐ UASI Footprint
☐ UAWG Roster
State Agencies and Tribes Only:
☒ Signature Authority Form (in lieu of Governing Body Resolution)
For Cal OES Use Only
Reviewed by: Date:
Management Approval: Date:
EXHIBIT F
ATTACHMENT B
ITEM # 9
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
Raul Alvarez, City Manager
BY:
Cesar Roldan, Director of Public Works
SUBJECT:
REJECT BIDS RECEIVED FOR CONSTRUCTION OF THE SENIOR
CENTER REHABILITATION PROJECT (CP 925) IN ACCORDANCE
WITH PUBLIC CONTRACT CODE SECTION 22038(A)(1)
DATE:
December 5, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Reject all bids received for construction of the Senior Center Rehabilitation Project (CP 925) in accordance with Public Contract Code Section 22038(a)(1); and
2. Authorize the City Clerks office to release bidders’ bonds; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
Bids for construction of the Senior Center Rehabilitation Project (CP 925) were received on September 11, 2024. Staff evaluated the submissions and found that the first bidder failed to provide the required U.S. Department of Housing and Urban Development (HUD) documents at the time of submission. Although the second-lowest bidder included the necessary HUD documents, their bid, along with all subsequent bids, exceeded the project's estimated budget of $691,643. As a result, staff recommends rejecting all bids for the Senior Center Rehabilitation Project (CP 925). The recommended actions have no fiscal impact.
BACKGROUND/DISCUSSION:
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
On August 14, 2024, the City Council authorized staff to advertise the Notice Inviting Bid (NIB) for the Senior Center Rehabilitation Project (CP 925). The City Council’s adoption of the Plans, Specifications and Engineer’s Estimate (PS&E) on August 14, 2024 provided the nexus to comply with Government Code Section 830.6. The intent of Section 830.6 is to prevent a judge or jury from second-guessing discretionary approvals made by the public agency and its employees regarding a plan or design for a construction project.
Government Code Section 830.6 provides, “Neither a public entity nor a public employee is liable … for an injury caused by the plan or design of a construction of, or an improvement to, public property where such plan or design has been approved in advance of the construction or improvement by the legislative body … or employee exercising discretionary authority to give such approval or where such plan or design is prepared in conformity with standards previously approved … .”
Staff adhered to Public Contract Code sections 20161 and 20162, which mandates California public works projects to be competitively bid. The public works competitive bidding laws are intended to eliminate favoritism, fraud and corruption in the awarding of public contracts.
The NIB was published on August 16, 2024, in a newspaper of general circulation. The contract plans and specifications were accessible via PlanetBids and redistributed by several electronic media outlets that post the bid package on e-bid boards. In all, six (6) bids were received, and the following is the bid tabulation:
Contractors Total
1 Estate Design and Construction Inc. $650,000.00
2 R Dependable Const Inc. $894,500.00
3 RAMSA Construction Inc. $985,000.00
4 Corner Keystone Construction Corporation $1,177,934.61 5 MLC Constructors Inc. $1,287,833.00
6 MBC Enterprises Inc. $1,375,980.00
After reviewing the proposals and analyzing the bids, staff recommends rejecting all submissions, as the responsive bids exceed the projected project budget of $691,643.
ENVIRONMENTAL IMPACT:
N/A
ANALYSIS:
N/A
SUMMARY:
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
Staff is recommending City Council reject all bids received for construction of the Senior Center Rehabilitation Project (CP 925) in accordance with Public Contract Code Section 22038(a)(1); and authorize City Clerk to release bidders’ bonds.
ATTACHMENT(S)
1. Attachment A - Bid Results
NEXT STEPS:
N/A
1 Mobilization and Bonding 1 LS 90,438.13$ 90,438.13$ 14,679.00$ 14,679.00$ 109,350.00$ 109,350.00$ 63,800.00$ 63,800.00$ 60,000.00$ 60,000.00$ 130,000.00$ 130,000.00$ 2 Renovate the existing restroom, for ADA compliance. Provide new plumbing fixtures, toilet partitions, toilet accessories, tile walls-flooring, exhaust fans, lighting, paint, etc.
1 LS 285,255.25$ 285,255.25$ 440,380.00$ 440,380.00$ 238,561.00$ 238,561.00$ 345,233.00$ 345,233.00$ 124,000.00$ 124,000.00$ 335,000.00$ 335,000.00$ 3 Provide ADA compliance in the area of new work 1 LS 2,439.73$ 2,439.73$ 44,038.00$ 44,038.00$ 32,400.00$ 32,400.00$ 8,300.00$ 8,300.00$ 10,000.00$ 10,000.00$ 30,000.00$ 30,000.00$ 4 Provide new flooring, ceiling, lighting, new ducting, painting of interior renovation work 1 LS 471,576.13$ 471,576.13$ 70,460.00$ 70,460.00$ 183,546.00$ 183,546.00$ 511,200.00$ 511,200.00$ 600,000.00$ 600,000.00$ 330,000.00$ 330,000.00$ 5 At the entrance to the area of work, provide new entry doors 1 LS 84,403.72$ 84,403.72$ 11,744.00$ 11,744.00$ 98,820.00$ 98,820.00$ 29,700.00$ 29,700.00$ 5,000.00$ 5,000.00$ 10,000.00$ 10,000.00$ 6 Remove the existing stage, selected interior walls, and kitchen to create a larger exercise room, computer room, and meeting room 1 LS 90,125.61$ 90,125.61$ 29,358.00$ 29,358.00$ 333,947.00$ 333,947.00$ 81,500.00$ 81,500.00$ 20,000.00$ 20,000.00$ 30,000.00$ 30,000.00$ 7 Remove existing ceiling tiles to raise the ceiling as high as possible re-route existing pipes, ducts, and conduits as needed to raise the ceiling 1 LS 19,634.78$ 19,634.78$ 20,551.00$ 20,551.00$ 181,165.00$ 181,165.00$ 79,100.00$ 79,100.00$ 20,000.00$ 20,000.00$ 60,000.00$ 60,000.00$
8 Replace existing lights with new LED light fixtures 1 LS 99,416.02$ 99,416.02$ 11,744.00$ 11,744.00$ 105,300.00$ 105,300.00$ 164,800.00$ 164,800.00$ 45,000.00$ 45,000.00$ 40,000.00$ 40,000.00$ 9 Level depressed slab at the existing storage room 1 LS 34,645.24$ 34,645.24$ 7,046.00$ 7,046.00$ 92,891.00$ 92,891.00$ 4,200.00$ 4,200.00$ 10,500.00$ 10,500.00$ 20,000.00$ 20,000.00$ R Dependable Const, Inc
Unit Price Extended
Amount
894,500.00$
MLC Constructors, Inc
Unit Price Extended
Amount
1,287,833.00$
RAMSA Construction, Inc
Unit Price Extended
Amount
985,000.00$
Estate Design and
Construction, Inc
Unit Price Extended
Amount
650,000.00$
MBC Enterprises, Inc
Unit Price Extended
Amount
1,375,980.00$
Corner Keystone
Construction Corp
1,177,934.61$
Item No. Description EST. QTY Unit Unit Price Extended
Amount
GRAND TOTAL =
CP 925 - Senior Center Rehab Estimate
ATTACHMENT A
ITEM # 10
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
Raul Alvarez, City Manager
BY:
Cesar Roldan, Director of Public Works
SUBJECT:
AWARD AGREEMENT NO. 4256 TO HORIZON MECHANICAL
CONTRACTORS OF CALIFORNIA FOR THE IN-WATER POOL LIGHT
REPLACEMENT AT GEORGE HENSEL AQUATIC CENTER
DATE:
December 5, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award Agreement No. 4256 to Horizon Mechanical Contractors of California for the in-water pool light replacement at George Hensel Aquatic Center (“Aquatics Center”) in a total not-to-exceed amount of Eighty-Six Thousand, Four Hundred and Eighty-Eight Dollars ($86,488); and
2. Authorize the City Manager to execute Agreement No. 4256 in good faith; and
3. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City received quotes from the following companies: Horizon Mechanical Contractors of California, Lincoln Aquatics, and Horizon (a separate company from Horizon Mechanical Contractors). The City also reached out to a fourth vendor -- Waterline Technologies -- which was unresponsive. After reviewing the three quotes received, staff recommend awarding the professional services agreement to Horizon Mechanical Contractors of California (Arcadia) based on the provided documents and overall cost (Attachments A and B). The purpose of this agreement is to facilitate replacement of the in-water pool light at the George Hensel Aquatic Center.
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
The total project cost is estimated to be $86,488 (Attachment A) and will be funded utilizing Measure A Maintenance and Service (M&S) Fund appropriations remitted by the LA County Regional Park and Open Space District (RPOSD). There are funds available from Fiscal Year 2023-24 and FY 2024-25, which have been appropriated in the adopted FY 2024-25 budget (Account No. 221-70-721-6040.60, Measure A Local, Parks & Recreation, Maintenance & Servicing Account, Contract Services Building Maintenance/Repairs). Therefore, no budget amendment is needed as part of the recommended action.
Staff recommends that the City Council approve awarding Agreement No. 4256 to Horizon Mechanical Contractors of California (Attachment B). This recommendation is in accordance with Municipal Code Section 3.20.090 – Open Market Procedure, Subsection A – Minimum Number of Bids: "open market purchases shall, wherever possible, be based on at least three bids, and shall be awarded to the lowest responsible bidder."
BACKGROUND/DISCUSSION:
In November 2016, Measure A (The Safe, Clean Neighborhood Parks, Open Space Beaches, River Protection, and Water Conservation Measure) was approved by voters in Los Angeles County. This funding source replaced the expiring Proposition A (non- Local Return Funds) to ensure parks, open spaces, beaches, and waterways are built and protected for future generations.
The Maintenance and Servicing (M&S) Program is designed to support Los Angeles County Regional Parks and Open Space District (RPOSD) funded capital outlay projects that are maintained and operated in perpetuity per grant agreements. Under Measure A, these funds are set aside to maintain and service, including resource protection activities for capital outlay, projects funded by RPOSD. The M&S funds are allocated annually to the City and such funds shall be used only to maintain and service projects that received funding from RPOSD’s (expired) Proposition A or Measure A.
The Aquatics Center expansion and remodel in 1999-2000 was funded utilizing Proposition A Funds. This makes repairs to the facility eligible expenses under the M&S Program. Staff have verified with RPOSD staff that the replacement of the in-pool lighting at the Aquatics Center are eligible expenses.
Currently, the in-pool lighting at the Aquatic Center is non-functional which prohibits expansion of programming beyond daytime hours. The in-pool lighting is essential to the functions and safety of the pool, aquatic programs, and accessibility for patrons.
The Parks and Recreation Department plans to shut down aquatic activities at the pool for the month of January 2025 in preparation for the in-pool lighting work. The Aquatic Center is scheduled to resume operations in March 2025. The replacement of in-pool lighting will allow staff to program more evening classes and programs as well as host community events at the Aquatics Center.
ENVIRONMENTAL IMPACT:
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
N/A
ANALYSIS:
N/A
SUMMARY:
Staff recommends the City Council award Agreement No. 4256 attached hereto in substantial form (Attachment B) to Horizon Mechanical Contractors of California for the in-water pool light replacement at the George Hensel Aquatic Center for a total not-to- exceed amount of Eighty-Six Thousand, Four Hundred and Eighty-Eight Dollars ($86,488); and authorize the City Manager be to execute the agreement in good faith.
ATTACHMENT(S)
1. Attachment A - Quotes Recieved for In-Pool Lighting
2. Attachment B - Horizon Mechanical, Construction Agreement No. 4256
NEXT STEPS:
N/A
Description of Work
Pool Light Replacement Labor
**Quantity: 31**
Remove and replace pool light as follows
1.Set up hookah diving system
2.Locate pull boxes
3.Remove covers
Light Replacement
1.Disconnect electrical within pull box
2.Disconnect pool light from light niche
3.Disconnect pool light connections including bonding wire within the pull box
4.Connect pull string to wires
5.Pull wires back to swimming pool
6.Connect new pool light cord and existing bond wire to pull string
7.Pull wires back to box
8.Terminate wiring in pull box
9.Connect pool light to existing niche (leave enough cord so the light can lay on pool deck for service)
10.Test pool light
Exclusions
1.Cords snapping off within conduit
2.All components within junction box
3.Circuit breakers
4.GFCI
5.Control relays
6. Existing wiring
Pool Temperature
1.Pool must be heated above 70 Degrees
Services to be completed
No Service
Item Qty Amt
Fees $0.00
From Horizon Mechanical
Contractors of California
P.O. Box 661461
Arcadia CA 91066
(626) 574-0900
www.horizon-mechanical.net
Quote No. 0001392
Type Replacement
Prepared By John Gordon
Created On 07/23/2024
Valid Until 12/31/2024
Quote For City of Montebello
George Hensel Aquatics
Center
1300 W Olympic Blvd
Montebello CA 90640
(626)433-5506
ATTACHMENT A
SUBTOTAL$83,068.00
TAX @ 10.25% $3,420.32
GRAND TOTAL$86,488.32
SUBTOTAL$83,068.00
TAX @ 10.25%$3,420.32
SERVICE TOTAL$86,488.32
FREIGHT CHARGED AS INCURRED1
Labor $48,949.00
LABOR (LABOR IS PRICED AT PRVAILING RATE)31
Materials $34,119.00
ELECTRICAL CONNECTORS, TAPE, WIRE NUTS,1
PULL LUBE 1
AMP-30-2047602180 31W 120V 150© WHT POOL 500W EQ INTELLIBRITE ARC LED18 AMP-30-2046602179 31W 120V 100© WHT POOL 500W EQ INTELLIBRITE ARC LED13 Swimming Pool 31-LIGHTS18-OVER 100' CORD1-PULL (5) TURNS Item Qty AmtSUBTOTAL$0.00 TAX @ 10.25%$0.00
SERVICE TOTAL$0.00
Terms and ConditionsUpon approval, send Purchase Order or Contract to Magali Kimball at [email protected] item not specifically mentioned is not included nor was it meant to be.This quote is valid for a minimum of 30 days, after 30 days prices are subject to change based on our manufacturer's current price levels.Labor is valid for (90) days.
By my signature below, I authorize work to begin and agree to pay the Grand Total according to the terms andconditions of this agreement.
Name: Date:
Signature:
QUOTE #
LOCATION
DATE
PAGE
BILL TO SHIP TO
QUOTE DATE EXPIRE DATE REQUIRED DATE REFERENCE NUMBER PAYMENT TERMS
WRITTEN BY CONTACT SHIP VIA
FREIGHT TERMS JOB NUMBER SALES REP
PRODUCT/DESCRIPTION QUANTITY PRICE U/M EXTENSION
EW049588
29 11/14/24
1 of 2
Quotation
948187
MONTEBELLO, CITY OF
1600 W BEVERLY BLVD
MONTEBELLO, CA 90640-3932
Phone 323-887-1200 x374
Fax 323-887-4557
MONTEBELLO, CITY OF
1300 WEST OLYMPIC BLVD.
MONTEBELLO, CA 90640
Fax 323-887-4557
11/14/24 NET 45 DAYS
IN/OUTBOUND
MARIO ESPINOSA
265 /
A ANDREA LOPEZ(586A) ROUTE TRUCK PROCESSING
265-LINCOLN AQUATICS
1848 ARNOLD INDUSTRIAL PL
CONCORD, CA 94520-5319
Phone 800-223-5450
Fax 888-680-2825
Continued
UNDERWATER LIGHT PROJECT12/14/24
AAA-99-9991 1 62,633.47 EA 62,633.47
LABOR FOR THE SCOPE OF WORK
BELOW:
Pool Light Replacement Labor
Quantity: 31
Remove and replace pool light
as follows:
1.Set up hookah diving system
2.Locate pull boxes
3.Remove covers
Light Replacement:
1.Disconnect electrical
within pull box
2.Disconnect pool light from
light niche
3.Disconnect pool light
connections including bonding
wire within the pull box
4.Connect pull string to
wires
5.Pull wires back to
swimming pool
6.Connect new pool light cord
and existing bond wire to
pull string
7.Pull wires back to box
8.Terminate wiring in pull
box
9.Connect pool light to
existing niche (leave enough
cord so the light can lay on
pool deck for service)
10.Test pool light
Exclusions:
1.Cords snapping off within
conduit
2.All components within
QUOTE #
LOCATION
DATE
PAGE
BILL TO SHIP TO
QUOTE DATE EXPIRE DATE REQUIRED DATE REFERENCE NUMBER PAYMENT TERMS
WRITTEN BY CONTACT SHIP VIA
FREIGHT TERMS JOB NUMBER SALES REP
PRODUCT/DESCRIPTION QUANTITY PRICE U/M EXTENSION
EW049588
29 11/14/24
2 of 2
Quotation
948187
MONTEBELLO, CITY OF
1600 W BEVERLY BLVD
MONTEBELLO, CA 90640-3932
Phone 323-887-1200 x374
Fax 323-887-4557
MONTEBELLO, CITY OF
1300 WEST OLYMPIC BLVD.
MONTEBELLO, CA 90640
Fax 323-887-4557
11/14/24 NET 45 DAYS
IN/OUTBOUND
MARIO ESPINOSA
265 /
A ANDREA LOPEZ(586A) ROUTE TRUCK PROCESSING
265-LINCOLN AQUATICS
1848 ARNOLD INDUSTRIAL PL
CONCORD, CA 94520-5319
Phone 800-223-5450
Fax 888-680-2825
UNDERWATER LIGHT PROJECT12/14/24
85,652.59 0.00 0.00 8,779.39 0.00 94,431.98
MERCHANDISE TOTAL HANDLING MISC CHARGE TAX FREIGHT QUOTE TOTAL Accepted:
By:______________________________
Date:_______________
junction box
3.Circuit breakers
4.GFCI
5.Control relays
6. Existing wiring
7. Pool Temperature must be
heated above 70 Degrees
includes prevailing wage
MATERIAL COST:
AMP-30-2047 25 749.46 EA 18,736.50 602180 31W 120V 150© WHT POOL
500W EQ INTELLIBRITE ARC LED
AMP-30-2046 6 713.77 EA 4,282.62 602179 31W 120V 100© WHT POOL
500W EQ INTELLIBRITE ARC LED
QUOTE #
LOCATION
DATE
PAGE
BILL TO SHIP TO
QUOTE DATE EXPIRE DATE REQUIRED DATE REFERENCE NUMBER PAYMENT TERMS
WRITTEN BY CONTACT SHIP VIA
FREIGHT TERMS JOB NUMBER SALES REP
PRODUCT/DESCRIPTION QUANTITY PRICE U/M EXTENSION
THIS IS NOT AN INVOICE
29063355
29 11/19/24
1 of 2
Quotation
H29515
MONTEBELLO, CITY OF
1600 W BEVERLY BLVD
MONTEBELLO, CA 90640-3932
Phone 323-887-1200
MONTEBELLO, CITY OF
1600 W BEVERLY BLVD
MONTEBELLO, CA 90640-3932
07/23/24 NET 30 DAYS
IN/OUTBOUND
MARIO ESPINOZA
H710/
A JIMMY HILL(265)
H710-SANTA ANA-HDI
1260 N LANCE LN
ANAHEIM, CA 92806-1812
Phone 714-279-8060
Fax 714-279-8095
Continued
LIGHT REPLACEMENT08/22/24
AAA-99-9991 1 61,725.83 EA 61,725.83
LABOR FOR THE SCOPE OF WORK
BELOW:
Pool Light Replacement Labor
Quantity: 31
Remove and replace pool light
as follows:
1.Set up hookah diving system
2.Locate pull boxes
3.Remove covers
Light Replacement:
1.Disconnect electrical
within pull box
2.Disconnect pool light from
light niche
3.Disconnect pool light
connections including bonding
wire within the pull box
4.Connect pull string to
wires
5.Pull wires back to
swimming pool
6.Connect new pool light cord
and existing bond wire to
pull string
7.Pull wires back to box
8.Terminate wiring in pull
box
9.Connect pool light to
existing niche (leave enough
cord so the light can lay on
pool deck for service)
10.Test pool light
Exclusions:
1.Cords snapping off within
conduit
2.All components within
QUOTE #
LOCATION
DATE
PAGE
BILL TO SHIP TO
QUOTE DATE EXPIRE DATE REQUIRED DATE REFERENCE NUMBER PAYMENT TERMS
WRITTEN BY CONTACT SHIP VIA
FREIGHT TERMS JOB NUMBER SALES REP
PRODUCT/DESCRIPTION QUANTITY PRICE U/M EXTENSION
THIS IS NOT AN INVOICE
29063355
29 11/19/24
2 of 2
Quotation
H29515
MONTEBELLO, CITY OF
1600 W BEVERLY BLVD
MONTEBELLO, CA 90640-3932
Phone 323-887-1200
MONTEBELLO, CITY OF
1600 W BEVERLY BLVD
MONTEBELLO, CA 90640-3932
07/23/24 NET 30 DAYS
IN/OUTBOUND
MARIO ESPINOZA
H710/
A JIMMY HILL(265)
H710-SANTA ANA-HDI
1260 N LANCE LN
ANAHEIM, CA 92806-1812
Phone 714-279-8060
Fax 714-279-8095
LIGHT REPLACEMENT08/22/24
83,902.79 0.00 0.00 8,600.04 0.00 92,502.83
MERCHANDISE TOTAL HANDLING MISC CHARGE TAX FREIGHT QUOTE TOTAL Accepted:
By:______________________________
Date:_______________
junction box
3.Circuit breakers
4.GFCI
5.Control relays
6. Existing wiring
7. Pool Temperature must be
heated above 70 Degrees
MATERIAL COST:
AMP-30-2047 25 722.04 EA 18,051.00 602180 31W 120V 150© WHT POOL
500W EQ INTELLIBRITE ARC LED
AMP-30-2046 6 687.66 EA 4,125.96 602179 31W 120V 100© WHT POOL
500W EQ INTELLIBRITE ARC LED
1 AGREE
MENT NO. 4256
CITY
OF MONTEBELLO
STANDARD PUBLIC WORKS AGREEMENT
THIS STAN DARD PUBLIC WORKS AGREEMENT (“AGREEMENT”) is made and entered into on December 5, 2024 (“Effective Date”) by and between the CITY OF MONTEBELLO, a California m unicipal corporation (the “CITY”) and HORIZON MECHANICAL CONTRACTORS OF CALIFORNIA, a California corporation (“CONTRACTOR”). The CITY and CONTRACTOR are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHERE
AS, the CITY duly solicited bids for the work o n Pool Light Replacement Project for the George Hensel Aquatics Center (“PROJECT”).
WHERE
AS, on December 5, 2024, the City Council accepted the bid of CONTRACTOR as the lowest responsible, responsive bid received and directed that a written contract be entered into with CONTRACTOR for the PROJECT.
NOW
, THEREFORE, in consideration of the promises and the.
NOW,
THEREFORE, in consideration of the promises and the mutual covenants and agreements herein contained, the parties do hereby agree as follows:
SECTION 1. INCORPORATION OF RECITALS AND CONTRACT DOCUMENTS a. The a
bove-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover , the (“CONTRACT DOCUMENTS”) for the PROJECT shall consist of the bid solicitation, Add endums, CONTRACTOR’s Bid for the PROJECT , Scope of Work, general specifications and all referenced specifications, details, standard drawings, and appendices, together with this Agreement and all required insurance certificates. All of the CONTRACT DOCUMENTS are intended to complement the other documents so that any work called for in one, and not mentioned in the others, or vice versa, is to be executed the same as if mentioned in all of said documents. The CONTRACT DOCUMENTS are incorporated herein by this reference and made part hereof as though they were fully set forth herein.
b. In c
ase any of the CONTRACT DOCUMENTS conflict with each other, the order of preference for the CONTRACT DOCUMENTS is:
1. This
AGREEMENT and its Exhibits and or Attachments, including any and all addenda or supplemental agreements.
ATTACHMENT B
2 SECTION 2. THE WORK
For and in consideration of the payments and agreements to be made and performed by the CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the PROJECT and to fulfill all other obligations as set forth in the CONTRACT DOCUMENTS.
SECTION 3. TERM; AND TIME FOR COMPLETION
a. This Agreement shall expi re January 31, 2025, unless otherwise extended or terminated earlier as hereinafter provided. This Agreement may be extended for an 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.
SECTION 4. COMPENSATION
CONTRACTOR hereby agrees to receive and accept the total amount of EIGHTY -
FOUR THOUSAND FOUR HUNDRED EIGHTY -EIGHT DOLLARS AND THIRTY -TWO CENTS ($86,488.32), which is based on performing all of the work shown on CONTRACTOR’S Bid as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the CONTRACT DOCUMENTS, and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4.1. Progress Payments
Progress Payments shall be made in accordance with S ection 7 of the General Provisions and the provisions of this Section 4.1. Upon receipt of a properly presented payment request, the CITY shall process the payment request in accordance with Public Contract Code Section 20104.5 0. The CITY shall review the payment request as soon as possible. If the CITY rejects the payment request, it shall be returned to the CONTRACTOR within seven (7) days of its receipt by the CITY with an explanation for the reasons for its rejection. If the payment request is approved in writing by the CITY, payment shall be made in thirty (30) days of receipt of an undisputed and properly presented payment request.
Late payments shall bear interest at the legal rate of interest in accordance with the Code of Civil Procedure 685.010.
SECTION 5. UNDOCUMENTED WORKERS
CONTRACTOR hereby promises and agrees to comply with all of the provisions of Federal and/or State law as the same shall apply to this PROJECT pertaining to the
3 employment of unauthorized aliens as defined therein. Should CONTRACTOR so employ unauthorized aliens for the performance of work and/or services covered by this Agreement, and should the Federal Government impose sanctions against the CITY for use of unauthorized aliens, CONTRACTOR hereby agrees to, and shall, hold harmless, indemnify and defend CITY for the cost of all such sanctions imposed, together with any and all costs, including attorneys’ fees, incurred by the CITY in connection therewith.
SECTION 6. NOTICE TO PROCEED
CONTRACTOR shall commence work on the date specified in the Notice to Proceed to be issued in writing to CONTRACTOR by the CITY and shall complete work on the PROJECT within Thirty (30) Working Days from the commencement thereof.
SECTION 7. DISCOVERY OF HAZARDOUS OR LATENT CONDITIONS
a. CONTRACTOR shall, without disturbing the condition, notify the CITY in writing as soon as CONTRACTOR, or any SUB -CONTRACTOR, agent or employees have knowledge and reporting is possible, of the discovery of any of the following conditions:
1. The presence of any material that the CONTRACTOR believes is hazardous waste, as defined in Section 25117 of the Health and Safety Code;
2. Subsurface or latent physical conditions at the site differing from those indicated in the specifications; or,
3. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement.
b. Pending a determination by the CITY of appropriate action to be taken, CONTRACTOR shall provide security measures (e.g., fences) adequate to prevent hazardous waste or physical conditions from causing bodily injury to any person.
c. The CITY shall promptly investigate the reported conditions. If the CITY, through the City Engineer or his/her designee, and in the exercise of its sole discretion, determines that the conditions do materially differ, or do involve hazardous waste, and will cause a decrease or increase in CONTRACTOR’s cost of or time required for performance of any part of the work, then the CITY shall issue a change order.
d. In the event of a dispute between the CITY and CONTRACTOR as to whether the conditions materially differ or involve hazardous waste or cause a decrease or increase in CONTRACTOR’s cost of, or time required for performance of any part of the work, CONTRACTOR shall not be excused from any schedule completion date and shall proceed with all work to be performed under the Agreement . CONTRACTOR shall retain any and all rights which pertain to the resolution of disputes and protests between the parties.
SECTION 8. MISCELLANEOUS STATUTORY REQUIREMENTS
4 8.1. CONTRACTOR License.
CONTRACTOR shall possess the appropriate califor nia CONTRACTOR’s license type for the performance of the Project.
8.2. Ineligible CONTRACTOR Prohibited.
Any CONTRACTOR or SUB-CONTRACTOR who is ineligible to perform work on a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code is prohibited from performing work under this Agreement.
8.3. Compliance with SB 854 Registration.
This P ROJECT is subject to compliance monitoring and enforcement by the Department of Industrial Relations. No prime CONTRACTOR or SUBCONTRACTOR may be awarded an Agreement for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. CONTRACTOR will be required to post job site notices as described in 8 California Code of Regulation section 16451(d).
8.4. Third Party Claims Notification.
The CITY shall timely notify CONTRACTOR in writing of any third -party claims relating to the Agreement.
8.5. Unfair Business Practices Claims.
The CONTRACTOR or SUB-CONTRACTOR offers and agrees to assign to the CITY all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works Agreement or the sub-Agreement. This assignment shall be made and become effective at the time the CITY renders final payment to CONTRACTOR without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.).
8.6. Day’s Work.
CONTRACTOR acknowledges that under California Labor Code sections 1810 and following, eight (8) hours of labor constitutes a legal day’s work. CONTRACTOR will forfeit as a penalty to CITY the sum of $25.00 for each worker employed in the execution of this Agreement by CONTRACTOR or any SUB -CONTRACTOR for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Labor Code section 1810. (Labor Code § 1813).
8.7. Payroll Records.
5 CONTRACTOR shall maintain the certified payroll records required by Labor Codes Sec. 1776 and shall report such records directly to the California Labor Commissioner as required by Labor Code Sec. 1771.4. CONTRACTOR shall inform the CITY of the location of the records enumerated under Labor Code Sec. 1776, including the street address, city, and county, and shall, within five working days, provide a notice of a change of location and address.
8.9. Employment of Apprentices.
Nothing in this Agreement prevents CONTRACTOR or any SUB -CONTRACTOR from employing properly registered apprentices in the execution of the Agreement.
CONTRACTOR is responsible for compliance with Labor Code section 1777.5 for all apprenticeable occupations. This statute requires that CONTRACTORs and SUBCONTRACTORs must submit Agreement award information to the applicable joint apprenticeship committee, must employ apprentices in apprenticeable occupations in a ratio of not less than one hour of apprentice’s work for every five hours of labor performed by a journeyman (unless an exception is granted under §1777.5), must contribute to the fund or funds in each craft or trade or a like amount to the California Apprenticeship Council, and that CONTRACTORs and SUB-CONTRACTORs must not discriminate among otherwise qualified employees as apprentices solely on the ground of sex, race, religion, creed, national origin, ancestry or color. Only apprentices defined in Labor Code section 3077, who are in training under apprenticeship standards and who have written apprentice Agreements, may be employed on public works in apprenticeable occupations.
8.10. Records Audit
In accordance with Government Code, Section 8546.7, records of both the CITY and CONTRACTOR shall be subject to examination and audit by the Auditor General for a period of three (3) years after final payment.
SECTION 9. PREVAILING WAGES
a. CONTRACTOR shall pay prevailing Wage rates for this Project in accordance with the applicable rates referred to in the CONTRACT DOCUMENTS.
b. The following Labor Code sections are hereby referenced and made a part of this Agreement:
1. Section 1775 - Penalty for Failure to Comply with Prevailing Wage Rates.
2. Section 1777.4 - Apprenticeship Requirements.
3. Section 1777.5 - Apprenticeship Requirements.
4. Section 1813 - Penalty for Failure to Pay Overtime.
5. Sections 1810 and 1811 - Working Hour Restrictions.
6. Section 1775 - Payroll Records.
7. Section 1773.8 - Travel and Subsistence Pay.
6 SECTION 10. INDEMNITY, DEFENSE AND HOLD HARMLESS
a. CONTRACTOR shall indemnify, defend with legal counsel approved by the CITY, and hold harmless the CITY, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with CONTRACTOR's negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the CITY . Should conflict of interest principles preclude a single legal counsel from representing both the CITY and CONTRACTOR, or should the CITY otherwise find CONTRACTOR’s legal counsel unacceptable, then CONTRACTOR shall reimburse the CITY its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. CONTRACTOR shall promptly pay any final judgment rendered against the CITY (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of CONTRACTOR’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
b. CONTRACTOR obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the CITY under any provision of this agreement, CONTRACTOR shall not be required to indemnify and hold harmless the CITY for liability attributable to the active negligence of CITY , provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where the CITY is shown to have been actively negligent and where the CITY’S active negligence accounts for only a percentage of the liability involved, the obligation of CONTRACTOR will be for that entire portion or percentage of liability not attributable to the active negligence of the CITY.
SECTION 11. INSURANCE REQUIREMENTS
a. Prior to commencing work hereunder, CONRACTOR shall provide the CITY with proof of insurance naming the CITY and each of its directors, officers, agents, and employees as additional-named insureds on a policy or policies of insurance providing and maintaining the coverages set forth in the Insurance Schedule attached hereto as Exhibit A. The CITY shall have the right to hold the policies and policy renewals, and CONTRACTOR shall promptly furnish to CITY all renewal notices and all receipts of paid premiums. CITY may make proof of loss if not made promptly by CONTRACTOR.
b. Evidence of Insurance prior to commencement. 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
7 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]
SECTION 12. LIQUIDATED DAMAGES
In addition, pursuant to the authority of California Public Contract Code Section 7102, the CITY and CONTRACTOR agree that the determination of actual damages for any unreasonable delay in performance of this Agreement caused by CONTRACTOR would be extremely difficult or impractical to determine in the event of a breach of this Agreement by the CONTRACTOR. Therefore , if the CONTRACTOR is determined to be liable for such unreasonable delays, the CONTRACTOR and its sureties shall be liable to the C ITY for the sum of one thousand dollars $500.00 as liquidated damages for each working day of delay in the performance of any service required hereunder . Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due the Contractor if such delay occurs.
SECTION 13. DISPUTE RESOLUTION
13.1. Claims of $375,000 or Less
a. A claim by the CONTRACTOR for a time extension, for money damages for work, or a payment disputed by the CITY must be submitted to a resolution process in accordance with Public Contract Code Sections 20104-20104.4. A summary of Sections 20104-20104.4 are as follows:
(1) Informal negotiation between the CITY and CONTRACTOR. (2) Mediation with CONTRACTOR.
(3) Court mandated Arbitration.
(4) Court trial. If the party requesting the court trial does not prevail, then that party must pay all court costs and attorney's fees.
13.2 Public Contract Code 9204 Claims
CONTRACTOR shall comply with the procedure set forth in Public Contract Code section 9204 for any claim, as that term is defined therein, for one or more of the following:
1) a time extension, including, without limitation, for relief from damages or penalties for delay, 2) payment of money or damages arising from work done pursuant to this Agreement, and/or 3) payment of an amount disputed by the CITY under this Agreement. A summary of the provisions of Public Contract Code Section 9204 is as follows:
8 1. CONTRACTOR must send a claim to the CITY for a time extension, payment for work not in the Agreement, or payments disputed by the CITY by registered mail or certified mail with return receipt requested.
2. The CITY must respond within 45 days as to which claims are disputed and undisputed.
3. If claim remains in dispute, CONTRACTOR may request informal meet and confer meeting with the CITY.
4. After meet and confer, an disputed claim remaining shall be submitted to non- binding mediation.
5. All undisputed claims shall be paid within 60 days.
SECTION 14. TERMINATION.
14.1. Termination for Convenience.
The CITY may terminate this Agreement , in whole or in part, with thirty ( 30) days’ written notice to CONTRACTOR when it is in the CITY’s best interest. CONTRACTOR shall be paid its costs, including Agreement close-out costs, and profit on work performed up to the time of termination. CONTRACTOR shall promptly submit its termination claim to the CITY to be paid the CONTRACTOR. If CONTRACTOR has any property in its possession belonging to the CITY, CONTRACTOR will account for the same, and dispose of it in the manner the CITY directs. CONTRACTOR may terminate this Agreement, in whole, with ninety (90) days’ written notice to the CITY.
14.2 Termination for Default.
If at any time CONTRACTOR is determined to be in material breach of the Agreement, a Notice of Potential Breach of Agreement shall be prepared by the CITY, and will be served upon CONTRACTOR and its sureties. If CONTRACTOR continues to neglect or refuses to comply with the Agreement or with the Notice of Potential Breach of Agreement to the satisfaction of the CITY within the time specified in such Notice, the CITY shall have the authority to terminate the Agreement for this Project.
14.3 Waiver of Remedies for any Breach.
In the event that the CITY elects to waive its remedies for any breach by CONTRACTOR of any covenant, term or condition of this Agreement , such waiver by the CITY shall not limit the CITY’s remedies for any succeeding breach of that or of any other term, covenant, or condition of the Agreement.
SECTION 15. CONTRACTOR'S FAILURE TO PROCURE COMPLETION OF
PROJECT
In the event CONTRACTOR fails to furnish tools, equipment, or labor in the necessary quantity or quality, or fails to prosecute the work or any part thereof contemplated by this Agreement in a diligent and workmanlike manner, and if CONTRACTOR for a period of three (3) calendar days after receipt of written demand from the CITY or its designated
9 representative to do so, fails to furnish tools, equipment, or labor in the necessary quantity or quality, and to prosecute its work and all parts thereof in a diligent and workmanlike manner, or after commencing to do so within said three (3) calendar days, fails to continue to do so; then the CITY may exclude CONTRACTOR from the premises, or any portion thereof, and take possession of said premises or any portion thereof, together with all material and equipment thereon, and may complete the work contemplated by this Agreement or any portion of said work, either by furnishing the tools, equipment, labor or material necessary, or by letting the unfinished portion of said work, or the portion taken over by the CITY to another contractor or by a combination of such methods. In any event, the procuring of the completion of said work, or the portion thereof taken over by the CITY, shall be a charge against CONTRACTOR, and may be deducted from any money due or becoming due to CONTRACTOR from the CITY, or CONTRACTOR shall pay the CITY the amount of said charge, or the portion thereof unsatisfied. The sureties provided for under this Agreement shall become liable for payment should CONTRACTOR fail to pay in full any said cost incurred by the CITY.
SECTION 16. COMPLIANCE WITH APPLICABLE LAWS
CONTRACTOR hereby promises and agrees to comply with all provisions of all applicable state and federal laws in connection with the performance of its obligations under this Agreement.
SECTION 17. NOTICE OF COMPLETION
Upon completion of the PROJECT and acceptance of same by the City Council, the CITY shall have cause to be recorded a Notice of Completion with the office of the Los Angeles County Recorder.
SECTION 18. AUTHORITY
Any person executing this Agreement on behalf of CONTRACTOR warrants and represents that he or she has the authority to execute this Agreement on behalf of CONTRACTOR and has the authority to bind CONTRACTOR to the performance of its obligations hereunder.
SECTION 19. ENTIRE AGREEMENT
This Agreement, including the Agreement Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Agreement between the CITY and the CONTRACTOR. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Agreement.
SECTION 20. ATTORNEY’S FEES AND COSTS
10 If either party to this Agreement is required to initiate or defend or made a party to any action or proceeding in any way connected with this Agreement , the prevailing party in such action or proceeding, in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, taking depositions and discovery and all other necessary costs the court allows which are incurred in such litigation.
All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment.
SECTION 21. INDEPENDENT CONTRACTOR
CONTRACTOR is and shall at all times remain as to the CITY , a wholly independent CONTRACTOR. Neither the CITY , nor any of its officers, employees or agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’S officers, employees or agents, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the CITY , nor shall the CITY officers, employees or agents be deemed the officers, employees, or agents of CONTRACTOR as a result of this Agreement.
SECTION 22. NOTICE
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
11 To the CITY: City of Montebello
Attn: City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With copy to: City of Montebello – Department of Public Works Attn: Cesar Roldan, Director/City Engineer
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1462
Email: [email protected]
To CONTRACTOR: Horizon Mechanical Contractors of California Attn: John Gordon
P.O. BOX 661461
Arcadia, CA 91066
(626) 574-0900
Email:[email protected]
An electronic communication (“ Electronic Notice ”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. PROHIBITION AGAINST ASSIGNMENT
The experience, knowledge, capability and reputation of CONTRACTOR, its principals and employees were a substantial inducement for the CITY to enter into this Agreement. Neither this Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the CITY. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of CONTRACTOR, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release CONTRACTOR or any surety of CONTRACTOR of any liability hereunder without the express consent of the CITY.
SECTION 24. CUMULATIVE REMEDIES
The provisions of this Agreement are cumulative and in addition to and not in limitation of any rights or remedies available to the CITY.
SECTION 25. COUNTERPARTS
12 This Agreement may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
[SIGNATURE PAGE TO FOLLOW]
13 IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed on the date next to their respective officers duly authorized signatures in that behalf.
CITY OF MONTEBELLO
(“CITY”)
By:
___________________________________
Raul Alvarez, City Manager
Date: ___________
ATTEST:
_____________________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM
_______________________________________
Arnold M. Alvarez-Glasman, City Attorney
HORIZON MECHANICAL
CONTRACTORS OF CALIFORNIA
(“CONTRACTOR”)
By:
________________________________
John Gordon
Date: ____________
EXHIBITS:
• Exhibit A – Insurance Requirements
14 EXHIBIT “A”
INSURANCE REQUIREMENTS
On or before beginning any of the work called for by any term of this Agreement , CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of this Agreement, and provide proof thereof that is acceptable to the CITY of its procurement of the insurance specified below from insurers and under forms of insurance satisfactory in all respects to the CITY. Such insurance shall not be in derogation of CONTRACTOR’s obligations to provide indemnity under this Agreement.
1. Comprehensive General Liability and Automobile Liability Insurance Coverage.
CONTRACTOR shall carry and maintain Comprehensive General Liability and Automobile Liability Insurance which provides the following:
Minimum coverage: Bodily injury limits of $ 2,000,000 for each person and $2 ,000,000 for each occurrence; property damage limits of $2 ,000,000 for each occurrence, $5,000,000 aggregate.
Products/Completed Operations Hazard Insurance in an amount of not less than FIVE MILLION DOLLARS ($5,000,000);
A combined single limit policy with aggregate limits in an amount of not less than Five MILLION DOLLARS ($5,000,000) shall be considered equivalent to the said required minimum limits set forth herein above.
If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned real property and automobiles. Insurance coverage shall not be subject to any type of pollution exclusion or owned property exclusions.
2. Automobile Liability.
CONTRACTOR shall carry and maintain Automobile Liability Insurance which provides a minimum coverage of at least $5,000,000 per accident for bodily injury and property damage.
3. Worker's Compensation.
CONTRACTOR shall carry and maintain worker’s compensation in the amount of $1,000,000 as required by the California Labor Code for all persons employed directly or indirectly in connection with this Agreement by CONTRACTOR. To the extent that CONTRACTOR utilizes any SUB-CONTRACTOR for the performance of any part of the
15 work under this Agreement , CONTRACTOR shall require and assure that such SUB- CONTRACTOR also carry and maintain worker’s compensation as required by the California Labor Code for all persons directly or indirectly in connection with this Agreement.
4. Additional Insureds.
The CITY, its officers, agents and employees must be named as additional insureds or as additional loss payees in all insurance policies required by this Agreement . An endorsement to this effect shall be delivered to the CITY prior to the commencement of any work. Satisfaction of any deductible requirement shall be the responsibility of CONTRACTOR. Such insurance shall be primary and noncontributory with any other insurance maintained by the CITY.
5. Notice of Cancellation.
CONTRACTOR agrees to oblige its insurance agent or broker and insures to provide CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
6. Severability Clause.
Each of the policies of insurance shall contain a clause substantially as follows:
The insurance afforded by this policy applies separately to each insured against whom a claim or suit is made, or suit is brought, except with respect to the limit of the insurer's liability.
7. Qualifications of Insurer.
All policies of insurance shall be issued by an insurance company acceptable to the CITY and authorized to issue said policy in the State of California.
8. Approval of Insurer.
The insurance carrier providing the insurance shall be chosen by CONTRACTOR subject to approval by the CITY, provided that such approval shall not be unreasonably withheld.
9. Payment of Premiums.
All premiums on insurance policies shall be paid by CONTRACTOR making payment, when due, directly to the insurance carrier, or in a manner agreed to by the CITY.
10. Evidence of Insurance and Claims.
CONTRACTOR shall provide certificates of insurance to the CITY as evidence of insurance coverage required herein, along with a waiver of subrogation endorsement for
16 workers’ compensation. The CITY ’s Risk Manager must approve insurance certificates and endorsements prior to commencement of performance. Current certification of insurance shall be kept on file with the CITY at all times during the term of this Agreement. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
ITEM # 11
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
Raul Alvarez, City Manager
BY:
David Sosnowski, Director of Recreation and Community Services
SUBJECT:
AWARD PROFESSIONAL SERVICES AGREEMENT NO. 4257 TO G&J
NEON SIGNS INC. FOR INSTALLATION OF A LED SIGN AT
MONTEBELLO CITY HALL
DATE:
December 5, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Award Professional Services Agreement No. 4257 to G&J Neon Signs Inc., for the Installation of a LED Sign at Montebello City Hall in a total not-to-exceed amount of One Hundred Seven Thousand, Fifteen Dollars ($107,015) in response to Request for Proposal (“RFP”) No. 24-19; and
2. Authorize the City Manager to execute and finalize agreement No. 4257 with G&J Neon Signs Inc.; and
3. Amend the Fiscal Year 2024-25 budget by increasing appropriations by $107,015 in Account No. 100-70-700-6040.60 (General Fund, Parks and Recreation, Administration, Contract Services Building Maintenance and Repair); and,
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
At the October 11, 2023 City Council meeting, the City entered into a Development Agreement with Clear Channel Outdoor, LLC. As part of that agreement, a one-time signing bonus totaling $80,000 was established and paid to the City. These funds were intended to be allocated toward the revitalization of City-owned LED signs. Staff have identified two (2) LED signs in most need of replacement - one at City Park and the other
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
at the Montebello Civic Center.
In response to RFP No. 24-19, the City received eight (8) responsive proposals. In this RFP, the City was seeking a qualified vendor to complete the removal of the two (2) existing, inoperable LED sign cabinets at City Park and the Civic Center and their respective pole covers. In accordance with the provisions of the RFP and the City’s specific right to accept any part of submissions received and to best make use of City funds, the City proposes to award a contract for only the City Hall sign. An Evaluation Committee made up of City employees reviewed and scored the eight (8) responsive proposals and are recommending an award of contract for the City Hall LED sign to G&J Neon Signs Inc. for a total amount not to exceed $107,015.
The recommended action will also amend the Fiscal Year 2024-25 budget by increasing appropriations by $107,015 in Account No. 100-70-700-6040.60 (General Fund, Parks and Recreation, Administration, Contract Services Building Maintenance and Repair).
BACKGROUND/DISCUSSION:
At the July 24, 2024, City Council Meeting, staff was authorized to release RFP No. 24- 19 for the Installation of two (2) LED Signs. In this RFP, the City was seeking a qualified vendor to complete the removal of two (2) existing, inoperable LED sign cabinets (one at City Park and the other at the Civic Center) and their respective pole covers. The selected vendor was to be tasked to design and install new pole cover wraps and double-sided message unit cabinets with a design that complements the surrounding esthetics of the site and incorporates the City brand. The selected vendor would additionally create and install the necessary software and provide training to City staff on how to operate the messaging functions of the new LED sign cabinets.
On Monday, September 2, 2024, the City received three (3) proposals. Staff reviewed the proposals and made the recommendation to reject all bids per the terms and conditions outlined by RFP No. 24-19 and in alignment with the City's Municipal Code, Section 3.20.080 (Formal Contract Procedure). Staff revised the scope of work in the RFP to better align with the City's needs and ultimate design requirements for the signs.
Staff revised the scope of work and reissued the RFP on Thursday, September 26, 2024.
On Thursday, September 26, 2024, the City reissued RFP 24-19 for the Installation of two (2) New LED Signs. On Monday, November 4, 2024 the RFP closed and the City received eight (8) responsive bids. An Evaluation Committee made up of Recreation and Community Services’ Public Affairs Division employees met to assess the qualifications and expertise of each proposer in performing the services and scope of work called for in the RFP. A review of all proposals received has been completed.
The following eight (8) proposers were ranked in accordance with the guidelines of the RFP and were evaluated based on the understanding of the scope of work, project approach, budget, references, and other criteria. After thoroughly reviewing the proposals, the Evaluation Committee ranked the companies as follows:
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
1. G&J Neon Signs Inc.
2. Encore Image Inc.
3. Mega LED Tehcnology
4. Square Signs LLC
5. Signs and Services Co.
6. Padcor
7. Reprohaus Corp.
8. Victorious R.E.D.
Based on the proposals submitted, the company with the best qualifications and experience that meets the needs of the City is G&J Neon Signs Inc.
ENVIRONMENTAL IMPACT:
N/A
ANALYSIS:
N/A
SUMMARY:
It is being recommended that the City Council award Professional Services Agreement No. 4257 to G&J Neon Signs Inc. for the installation of a new LED sign at Montebello City Hall; and amend the Fiscal Year 2024-25 budget by increasing appropriations by $107,015 in Account No. 100-70-700-6040.60 (General Fund, Parks and Recreation, Administration, Contract Services Building Maintenance and Repair).
ATTACHMENT(S)
1. Attachment A -RFP 24-19 - Installation of Two (2) LED Signs
2. Attachment B - Agreement 4257
NEXT STEPS:
N/A
1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 24 – 19
Installation Of Two (2) New LED Signs
Release Date: Thursday, September 26, 2024
Questions Due: Wednesday, October 23, 2024, at 11 a.m. PDT Due Date: Monday, November 4, 2024, at 11 a.m. PDT
ATTACHMENT A
2 [THIS PAGE IS 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 minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.
DATE OF SOLICITATION
September 26, 2024
PROJECT
Installation of two LED signs.
PROPOSAL OWNER
City of Montebello – Department of Finance
1600 West Beverly Boulevard
Montebello, CA 90640
Attn: Michael Solorza, Director of Finance
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]
PROPOSAL CONTACT
City of Montebello – Department of Parks and Recreation 1600 West Beverly Boulevard
Montebello, CA 90640
Attn: David Sosnowski, Director of Parks and Recreation 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, October 23, 2024, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids before being able to view or submit a response. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839
4 Table of Contents Page
1.0 Notice Inviting Proposals 5
2.0 Introduction/About the City of Montebello 6
3.0 Timeline 6
4.0 Purpose 6
5.0 Scope of Work 7
6.0 Vendor Qualifications 9
7.0 Proposal Submittal 9
8.0 Evaluation of Proposal 10
9.0 Proposal Protests 10
10.0 Execution of Agreement 12
11.0 Insurance 12
12.0 Use of Federal Funds 14
13.0 Non-Commitment of City 15
14.0 Labor Requirements 15
15.0 Records 16
16.0 Subcontractors 16
17.0 Modifications/Changes 16
18.0 Disclosure of Information 16
19.0 Ex-Parte Communications 16
20.0 City of Montebello Rights 17
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
Appendix D – References
5 1.0 Notice Inviting Proposals
The City of Montebello seeks proposals from qualified vendors to provide the installation of (2) two new LED signs 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 vendors must register with PlanetBids before being able to view or submit a response.
Questions must be submitted by Wednesday, October 23, 2024, at 11:00 a.m. PST.
*****QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS*****
Proposals must be submitted via PlanetBids by Monday, November 4, 2024, at 11:00 a.m. PST.
Responses will be evaluated to determine the vendor that is the most qualified and responsive to the requirements. Responses must adhere to the format and content described. The City reserves the right to accept or reject any and all proposals.
6 2.0 Introduction
The City of Montebello invites prospective vendors to submit a proposal to provide the installation of two (2) new LED signs. The city is seeking a vendor to remove and dispose of two (2) existing LED cabinet messaging units and pole covers. The city would like a new design and installation of a new pole cover wrap and double -sided messaging unit cabinets with the City brand. The goal is to improve communication and provide valuable information to residents, visitors, and business owners promptly.
The City will also require the selected vendor to provide training to city staff on the operation of newly installed LED signs.
About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles. It is a full -service City that provides a long list of services, employing approximately 600 full-time and part-time employees in public safety, transit, and non-safety functions.
3.0 Timeline
• Release RFP Thursday, September 26, 2024
• Online Q&A Deadline Wednesday, October 23, 2024,11 a.m. PDT • Deadline to Submit Responses Monday, November 4, 2024, at 11 a.m. PDT • City Review of Submissions Early/Mid-November 2024
• Notifications Sent to Vendors Early/Mid-December 2024 • Award December 2024
4.0 Purpose
The purpose of this solicitation is to identify a qualified vendor to assist the City with removing and disposing of two (2) LED signs as well as installing new LED signs.
The Montebello Civic Center and Montebello City Park are the locations of 3’ 8” x 10’ LED signs atop 7’ x 2’ 9” tall poles that have been inoperable for nearly 10 years. Above the LED sign cabinets are 10’ x 4’ 1” header panels that carry the City’s old brand and the location name of each specific sign. Prior to their inoperable status, these signs served as an important means of providing communication outlet to provide important information from the City during both the day and night to residents, business owners, and visitors along major thoroughfares within the City – Beverly Boulevard and Whittier Boulevard. Moreover, these LED signs allowed City staff to share messaging regarding
7 City events, Community meetings , and more with members of the public that do have contact with the City’s other communication outlets on social media, print newsletter, etc.
To revitalize these important communication platforms and allow City staff to begin utilizing them to share information with the public, new LED signs are requested to be installed. In addition to elevating communication, the new LED signs will align with Montebello's commitment to sustainability and technological advancement. LED technology is known for its energy efficiency, which will help reduce the city’s carbon footprint and lower long-term operational costs compared to traditional signage.
By investing in this modern signage solution for these two important City locations, Montebello aims to demonstrate its proactive approach to infrastructure modernization, community engagement, and support for local commerce, contributing to the City’s growth and prosperity.
The City is seeking to establish an agreement with a minimum term of three (3) years with up to two (2), year extension options for a total of up to five (5) years . This requirement may change during the process of finalizing the agreement with the selected vendor.
5.0 Scope of Work/Services
The City of Montebello is requesting proposals from qualified vendors capable of providing well-versed experience in removal, disposal, installation, and training of use for two (2) new LED signs.
The vendor awarded for the services through this RFP shall be required to provide the following:
The selected vendor will remove and dispose of two (2) existing LED cabinet messaging units and pole covers, design and install a new pole cover wrap and doubled -sided messaging unit cabinets with aesthetics that complement the surrounding aesthetics and City brand, create and install the necessary software, and provide City of Montebello staff training to operate messaging functions for the LED sign cabinets.
Additionally, the LED sign cabinet messaging units will meet the specifications of
6.667mm per LED panel and a brightness of 8,000 NITs per LED panel and include a 10-year warranty on all parts.
8 Additionally, the vendor will also design and install a header roughly 10’ x 4’ 1” above the LED sign cabinet that encompasses the City’s new brand and fits appropriately within the aesthetics of the area.
Potential Bidders are advised to visit the two (2) locations below at their own time and discretion.
Additional Requirements: Each bidder must submit two (2) renderings/designs of the proposed design for new signs that will be used to evaluate NOTES:
- Each site has the availability of two (2) 20 amp circuits - A “no fee” permit will be required to install the signs for the City. - Attached to this RFP is a copy of the City’s brand guidelines and schematic for the existing signs
Location 1- Outside City Hall (1600 W. BEVERLY BLVD MONTEBELLO, CA 90640)
9 Location 2 - Montebello City Park (1301 W. WHITTIER BLVD MONTEBELLO, CA 90640)
6.0 Vendor Qualifications
The selected vendor must have the following minimum qualifications:
A. The proposer must possess a Electronic Sign Contractor’s License – C-45
B. Obtain a Business License by the City of Montebello
Background Check
Vendor representatives working on-site and in some remote capacities, will be required to undergo a background check conducted by the City.
7.0 Proposal submittal
Please review Appendix A - Proposal Format and Content, attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.
Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal
10 by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be accepted. Vendors planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid technical difficulties/errors.
8.0 Evaluation Criteria
The City will establish an evaluation committee to review and rat e each proposal. The proposal evaluation process will be conducted using a multi -step method which will include the following steps:
A. Preliminary Proposal Review - The evaluation committee will review each submission to ensure adherence to the minimum/proposal format requirements.
B. Proposal Evaluation - In the second part of this process, the evaluation committee will review and rate proposals using a combined score based on the following:
i. Qualifications as they relate to this project - 30% a. Thoroughness and understanding of the tasks to be completed b. Background and experience
c. Experience of personnel assigned to the work
d. Communication Skills
ii. Reputation for integrity and competence – 10%
a. Positive Reference Checks
b. Work Samples
iii. Proposed fees for services – 50%
iv. Design/Renderings for the proposed signs – 20%
a. Incorporation of City Brand
b. Design to match existing aesthetics of the sign location
9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before the proposal opening must be filed in writing or by email 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.
11 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 proposed remedy but to offer alternative solutions where applicable.
C. Where appropriate, the City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested parties may include all proposers, subcontractors, or suppliers, provided they have a substantial economic interest in a portion of the RFP.
D. All potential proposers will be advised of a pending protest.
E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
• The items to be procured are urgently required;
• Delivery or performance will be unduly delay ed by failure to make the award promptly; or
• Failure to make a prompt award will otherwise cause undue harm to the City.
12 The City will respond in writing 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 party will be given the City’s final decision. The Director of Finance has the authority to decide on all protests.
Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Vendor a fair review and shall have up to ten (10) working days to review the protest and render its decision.
10.0 Execution of Agreement
The resulting agreement (see attached sample Appendix B) shall be signed by the successful Vendor and returned within the required insurance within ten (10) business days after the City has pr ovided written notice that the Vendor 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 Vendor decline to execute the agreement, the City can either reject all proposals, accept one of the other proposals, or issue a new solicitation.
11.0 Insurance
The Vendor selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:
A. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insurance Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products -completed, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury with limits no less than $2,000,000 per occurrence and $4,000,000 aggregate.
If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.
B. Business Automobile Liability
13 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 $2,000,000 per occurrence or claim, $ 4,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.
D. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.
Required Insurance Documentation
Certificate of Insurance
The Certificate Holder must be listed as follows:
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:
Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.
Cancellation notice endorsements. Each policy must be endorsed to certify that it will not be canceled or non-renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation
14 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 general, any contract deemed sole source, professional/professional services, involves the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.
Vendors may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provide a brief explanation for the request. Requests will be reviewed on a case -by- case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.
12.0 Use of Federal Funds
The City may elect to use funding from Federal sources for a portion of or all expenses related to this project. The United States Federal Government requires purchases of items and services to meet specific standards when using Federal funds, including grants, cooperative agreements, contracts, and Federal funds "passed -through" to the City from a non -Federal entity (i.e., sub -recipient agreements). These requirements are codified under the Code of Federal Regulation's (CFR) Title 2, Subtitle A, Chapter II, Part 200 (also referred to as "2 CFR 200" or "Uniform Guidance") and the Federal Acquisition Regulations (FAR), as applicable.
The following standards apply to all purchases of items and services using Federal funds:
• Transactions shall be conducted lawfully and ethically • Unnecessary/duplicative purchases are not permitted
15 • Utilizing a vendor or supplier on the U.S. Federal Government's Debarred and Suspended List (available at SAM.gov) is prohibited
• All individuals involved in the expenditure of federal monies must avoid any actual or apparent conflict of interest
• Procurement transactions must be conducted in a manner providing full and open competition
• Opportunities should be provided to minority businesses, women's business enterprises, and labor surplus area firms when possible • Contracts and purchase orders should include the contract provisions required by 2 CFR 200 Appendix A
• Purchases of goods and services must include documentation detailing the procurement history
In addition to Federal standards, purchases must adhere to applicable local policies and procedures as defined in Montebello Municipal Code Chapters 3.20 and 3.21 and any relevant administrative policies. The most restrictive terms prevail when a conflict is present.
13.0 Non-Commitment of City
While the City intends to select a vendor 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.
14.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Vendor and, as such, shall be warranted to possess sufficient experience and reliability to perform this work.
B. Health: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Vendor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Vendor allow the use of or presence of alcohol or drugs on the premises or in the building.
C. Non-Discrimination: The Vendor shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.
D. Conduct: No person(s) shall be employed for this work that is found to be
16 incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re-employed for this work.
15.0 Records
The vendor agrees to permit the City Manager or designee access to records, reports, files, and other papers or property of the Vendor to audit any performance aspect under this agreement.
16.0 Subcontractors
The vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. All subcontractors used on this work shall be under the direct supervision of the Vendor and shall be considered as their employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.
17.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the agreement term. Changes in the agreement’s requirements and corresponding changes in compensation may be implemented upon mutual understanding between the City and the Vendor. These changes will be processed by the City Manager.
18.0 Disclosure of Information
A. The Vendor agrees that it will not during or after the term of the agreement, disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, vendor, corporation, association, or other entity or the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Vendor shall be used exclusively in connection with the performance of services.
B. The Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Vendor hereunder or mentioning or implying the name of the City or its respective personnel without the prior written consent of the City.
19.0 Ex-Parte Communications
Vendor and vendor representatives should not engage in unauthorized communications with elected officials, officers, employees, or agents of the City about this RFP. This
17 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 prohibit vendors and their representatives from making oral statements or presentations to City representatives during a scheduled public meeting.
20.0 City of Montebello Rights
At its discretion, the City reserves the right to:
A. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:
i. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services. iii. The Vendor failed or neglected to complete and submit any information within the time specified by the City and as may be otherwise required herein.
B. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;
C. Accept all or any part of a proposal;
D. Cancel the entire RFP;
E. Issue subsequent RFPs; or
F. Waive any errors or informalities in any proposal to the extent law permits.
Please review:
Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement
Appendix C – Cost Proposal
Appendix D – References
18
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4257
WITH G&J NEON SIGNS INC.
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on December 5, 2024 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and G&J NEON SIGNS INC. (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, the CITY desires to retain a qualified professiona l consultant to provide services
WHEREAS, the CONSULTANT submitted a response to the RFP; and WHEREAS, the City evaluated the responses and determined that the Consultant will meet the requirements in a satisfactory manner.
NOW THEREFOR E, in co nsideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTSSECTION 1.
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:
a. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.
b. RFP
c. Proposal referenced and Best Final Offer received by the successful proposer.
d. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
B. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.
SECTION 2. SERVICES / COMPENSATION.
A. All terms, conditions, requirements, and provisions of the services in RFP and consultant’s responses , as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties.
To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
B. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide services, as such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter
ATTACHMENT B
“Professional Services”).
C. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”). The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.
SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire on June 30, 2027, from the Effective Date, unless terminated earlier as hereinafter provided.
This Agreement may be extended through June 30, 202 9, with mutual agreement from both parties.
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 a nd 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 a nd su bject to a ll 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 t h e CITY's approval, a dditional 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 d ocuments which are exempt from disclosure p ursuant to the attorney- client privilege or any other law. Said documents sh all 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 d uring and upon comp letion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are d eemed confidential and sh all not be disclosed by the CONSULTANT without pri or written consent by the CITY. The CITY sh all grant such consent if d isclosure 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 e xtra ser vices over and above the Compensation shall be rendered by the CONSULTANT under this Agreement u nless 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 ob taining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of this agreement by 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 C ITY 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 . T he CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days’ written n otice to the CONSULTANT. Upon the termination of this Agreement as pro vided 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 pre vious 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 t h e 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 a gents shall h ave control o ver 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 sa lary, 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 p artnership, joint venture, emp loyment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to t he 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 n ot be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the
CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is d etermined by a court of competent jurisdiction or CalPERS to be e ligible for enrollment in CalPERS as an employee of the CITY, t he CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS b enefits on behalf of t h e CONSULTANT or its emp loyees, 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 co ntrary, 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 a gree to waive any c laims to, a ny compensation, benefit, or any incident of employment by t h e 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 t h e CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at a ll times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local g overnments 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 a nd all claims, demands, lawsuits, d efense 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 b oards, 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 t h e 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 CONTRACTOR shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or d amages to property that may arise from or in connection with CONTRACTOR’s p erformance of this Agreement. Such insurance sh all 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 o perations, personal injury, a nd
advertising injury, with limits no less than $2,000,000 per occurrence, $4,000,000 aggregate.
Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any a uto), or if CONTRACTOR 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 CONTRACTORS’S profession, with limit no less than $2,000,000 p er occ urrence or claim, $4,000,000 aggregate.
b. If the CONTRACTOR maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONTRACTOR.
c. The CONTACTOR shall require each of its subcontractors, 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 sh all not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non- payment) has been given to the CITY. The CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may e ither (i) immediately terminate this Agreement for Cause; or (ii) take out the n ecessary insurance and pay, at the CONTRACTOR’s expense, the premium thereon. .
f. 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.
g. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. h. 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.
i. Each insurance policy required above shall state that coverage sh all 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 e ither (i) immediately terminate this Agreement for Cause ; or (ii) take out the n ecessary insurance and pay, at the CONSULTANT’s expense, the premium thereon. j. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY 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: Principal Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
k. 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.
l. 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). m. The CONSULTANT shall provide proof that p olicies 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. n. 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 insured’s. All of the policies required under this Agreement shall co ntain an endorsement providing that the policies cannot be canceled or reduced e xcept 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.
o. 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, emp loyees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. p. 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.
q. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall e ither reduce or eliminate the d eductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
r. 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 d uties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any propos ed subcontract, delegation, or assignment shall pro vide a description of the services to be co vered, 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 su bcontract, 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 und er this Agreement including, but n ot limited to, the duty to properly supervise and coordinate the work of employees, assignees, d elegees 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 p rovision(s) of this Agreement shall, to the e xtent 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 b ecause 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 d isbursements 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 a ward 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. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day af ter the deposit thereof in the United States mail, postage prepa id, registered or certified, addressed as h ereinafter pro vided. 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:
With a copy to:
If to Consultant:
City of Montebello
Attn: Raul Alvarez, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
City of Montebello – City Clerk’s Office
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 – 1200
Email: [email protected]
G&J NEON SIGNS INC.
Alex Gomez
1405 W. Olympic Blvd.
(323) 284-4000
Email: [email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above.
Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national or igin, ancestry, age, physical or mental h andicap, mental co ndition or sexual orientation. The CONSULTANT will take affirmative action to e nsure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSULTANT under this Agreement, or which would conflict in any manner with the p erformance of its services h ereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSULTANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
The CONSULTANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to t h e CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSULTANT's co venant under this section sh all sur vive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the e ntire u nderstanding between the CITY a nd the CONSULTANT. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
SECTION 26. EXTENSION TO OTHER PUBLIC AGENCIES
Unless otherwise specified in writing, the CONSULTANT agrees that the prices, terms, and conditions identified in the Proposal (Exhibit “A”) and Agreement may be extended to other governmental agencies at the mutual agreement of both the public agency and awarded CONSULTANT. All requirements of the specifications, purchase orders, invoices, and payments with other agencies shall be directly with the CONSULTANT. CONSULTANT acknowledges and agrees to the extension of these contract terms to other governmental agencies conditioned upon the agreement of the CONSULTANT with the governmental agency. This provision in no way guaranteed that the CONSULTANT will agree to enter into a contract with a governmental agency pursuant to this Section.
[SIGNATURE PAGE TO FOLLOW]
IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. (“CITY”)
CITY OF MONTEBELLO
(“CONSULTANT”)
G&J NEON SIGNS INC.
Raul Alvarez, City Manager Alex Gomez, CEO/Project Manager ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
ITEM # 12
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL AGENDA STAFF REPORT
TO:
Honorable Mayor and City Council Members
FROM:
Raul Alvarez, City Manager
BY:
Paul Espinosa, Police Chief
SUBJECT:
APPROVE PURCHASE OF TWO 2025 FORD POLICE INTERCEPTOR
VEHICLES
DATE:
December 5, 2024
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve purchase of two (2) 2025 Ford Police Interceptor vehicles; and
2. Authorize purchase of the vehicles utilizing a Sourcewell Cooperative Purchasing Agreement with Olathe Ford Sales, Inc. (supplier) as permitted by Montebello Municipal Code Section 3.20.050(F); and
3. Authorize the City Manager to execute the procurement through the Sourcewell Cooperative Purchasing Agreement; and
4. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
The acquisition of two (2) Police Patrol vehicles will be facilitated by use of grant funding received from the California Highway Patrol (CHP) through the Cannabis Tax Fund Grant Program. The City of Montebello was awarded $195,456 in grant funding for this purpose (Attachment A). The CHP grant was formally accepted by the City Council on July 24, 2024 (Attachment B). The Fiscal ear 2024-25 budget was amended to appropriate the $195,456 in funding at that City Council meeting: $45,456 for staffing costs associated with DUI checkpoints and $150,000 for acquisition of two Police Patrol vehicles to be used for DUI enforcement. Therefore, no budget amendment is needed as part of the recommended actions.
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
The total purchase cost for the two vehicles is $137,846. This total is for acquisition of two 2025 Ford Police Interceptor Utility AWD vehicles at $47,598 each and the required upfitting of the vehicles at $19,768 each (Attachment C). The purchase will be made from Olathe Ford Sales, Inc. (Olathe, Kansas) through Sourcwell Agreement #032824, which expires July 9, 2028 (Attachment D). Use of cooperative agreements is permitted per Montebello Municipal Code Section 3.20.050(F) – Conformance with Bidding Procedures, Cooperative Agreements.
BACKGROUND/DISCUSSION:
On July 1, 2024, the CHP announced more than $25 million in grant funding awarded to 102 California law enforcement agencies, crime laboratories, local government agencies, and nonprofit organizations to help address the dangers of driving under the influence of alcohol and/or drugs.
The Montebello Police Department (MPD) is one of eighty-two recipients of law enforcement grants designated to address impaired driving within local communities. As part of this grant, MPD will acquire two vehicles specifically for the enforcement of driving under the influence (DUI) laws and for public education on the risks of impaired driving.
In accordance with the grant agreement, any law enforcement vehicle purchased with these funds will be primarily dedicated to DUI enforcement efforts and public education initiatives related to the dangers of impaired driving. Additionally, all vehicles purchased under this grant will adhere to the California Vehicle Code and California Code of Regulation standards. The State may also require MPD to apply specific decals or emblems to these vehicles to identify their role in DUI enforcement.
The purchase of the two (2) 2025 Ford Interceptors will be done through a Sourcewell cooperative agreement with Olathe Ford Sales, Inc. (Attachment D). The City can procure the vehicles through cooperative purchasing agreement #032824 (Attachments D and E) under the authority of Montebello Municipal Code Section 3.20.050(F) – Conformance with Bidding Procedures, Cooperative Agreements. The vehicles will be procured from Olathe Ford in the State of Kansas and delivered to the City after upfitting is completed.
ENVIRONMENTAL IMPACT:
N/A
ANALYSIS:
N/A
SUMMARY:
The recommended actions will authorize the City Manager to execute the necessary agreements to procure and upfit two 2025 Ford Interceptors for use by the Montebello Police Department for traffic patrol duties focused on DUI enforcement. The vehicles will
SPECIAL CITY COUNCIL AGENDA REPORT - MEETING OF DECEMBER 5, 2024
be procured utilizing funding from the CHP Cannabis Tax Fund Grant Program. The City was awarded $195,456 in CHP grant funding, which was accepted and appropriated by the City Council on July 24, 2024 (Attachment B).
ATTACHMENT(S)
1. ATTACHMENT A - CHP Cannabis Grant Agreement Award No. 17889
2. ATTACHMENT B - CHP Cannabis Grant Agenda Report Item 18 07_24_2024
3. ATTACHMENT C - Quote Olathe Fleet - 2025 Interceptors and Upfitting
4. ATTACHMENT D - Sourcewell Olathe Contract #032824
5. ATTACHMENT E - Pricing Attachment Sourcewell Olathe Contract #032824
NEXT STEPS:
N/A
State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17889
________________________________________________________________
1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - City of Montebello Police Department
2. NAME OF ORGANIZATION/AGENCY
City of Montebello- Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
City of Montebello
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $195,456.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure Schedule B – Detailed Budget Estimate
Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Paul Espinosa
Title: Chief of Police
Phone: (323) 887-1200
Address: 1600 West Beverly Boulevard
Montebello, CA 90640
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Michael Solorza
Title: Director of Finance
Phone: (323) 887-1200
Address: 1600 West Beverly Boulevard
Montebello, CA 90640
ATTACHMENT A
TERMS AND CONDITIONSGrantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated. A.EXECUTION1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement. 2.The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement. 3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State. 4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval. 5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement. B. PROJECT ADMINISTRATION 1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State. 2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement. 3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State. 4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs. Equipment purchased under this Grant Agreement must only be used for approved Project-related purposes, unless otherwise approved by the State in writing. 5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONSC.PROJECT TERMINATION1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw. a.If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law. b.Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure. 2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated. 3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination. 4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities. D. FINANCIAL RECORDS 1.The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement. E. HOLD HARMLESS 1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONSF. NONDISCRIMINATION1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT 1.The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H.DRUG-FREE WORKPLACE1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: i. The dangers of drug abuse in the workplace. ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the Project will: i. Receive a copy of the company's drug-free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement. 2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred: a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.) I. LAW ENFORCEMENT AGENCIES 1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONSJ.LABOR CODE/WORKERS' COMPENSATION1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700). K. GRANT APPLICATION INCORPORATION 1.The Grantee agrees the Grant Application and any subsequent changes or additionsapproved or required by the State is hereby incorporated into this Grant Agreement. L. STATE LOBBYING 1.The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice. M. REPRESENTATION AND WARRANTIES 1. The Grantee represents and warrants that: a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules. b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c.If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with theCalifornia Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. d. All of the information in its Grant Application and all materials submitted are true and accurate. N. AIR OR WATER POLLUTION VIOLATION 1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONSO.GRANTEE NAME CHANGE1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority. 2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment. P.RESOLUTION1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement. Q. PAYEE DATA RECORD FORM STD. 204 1. This form shall be completed by all non-governmental Grantees. R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM 1. This form shall be completed by all Grantees. S. CONFLICT OF INTEREST 1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification. 2. Current State Employees: a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment. b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services. 3. Former State Employees: a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency. b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service. 4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONSparticipating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.5.The Grantee Organization/Agency and its employees shall not disclose any financial, statistical,personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement. 6.The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one. 7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them. 8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void. T. EQUIPMENT-USE TERMS 1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts. 2. Law Enforcement Projects: a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices. b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule ACity of Montebello- Police Department All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Project Description The City of Montebello Police Department has determined, through the analysis of traffic data, that the awarded funding will have the greatest impact in the community by increasing awareness of safe driving practices and conducting enforcement operations in areas that statistically have been demonstrated to be high occurrences of primary collision factors. The department has initially identified a time period where most traffic crashes have occurred (12:00 pm – 6:00 pm). While focusing the initial traffic enforcement operations during this time period, the department will continue to analyze emerging traffic data and trends. If awarded funding, implementation of all grant activities will be accomplished by deploying personnel at known problematic, data-driven locations. There will also be an effort to conduct several enforcement operations such as DUI checkpoints and DUI Saturation Patrols. Problem Statement & Proposed Solution The City of Montebello is a bustling and charming community located in Los Angeles County. Traffic volume is heavy throughout the city for several reasons. Montebello covers an area of approximately 8.25 miles and is bordered on the south by the Santa Ana Freeway (I-5) and on the north by the Pomona Freeway (SR-60). Several other freeways are nearby and easily accessible from the area including the Long Beach Freeway 710 and San Gabriel Freeway 605. Montebello is often referred to as a gateway city, with proximity to downtown Los Angeles and its shared borders with several cities including Monterey Park, Pico Rivera, Rosemead, Commerce, and East Los Angeles. The city is primarily residential; however, there is strong growth of commercial property and businesses. Montebello is home to a large shopping mall with heavy traffic that substantially increases during the holiday season. Additionally, there are five private schools, thirty-three schools in the Montebello Unified School District, and several universities in the surrounding area. Montebello is in one of the busiest counties in the country, it is bordered by heavily traveled freeways and is an area by which numerous commuters travel, shop, and reside on a daily basis. All these factors contribute to several traffic problems that the department hopes to mitigate. The City of Montebello is fortunate to have an active community that is very aware and concerned of traffic trends. Social media has played a large role in creating this open and fluid communication. Through additional data analysis the Police Department has observed a trend emerge, this new trend is being referred to as the “after-hours” trend. The noted crashes tend to be concentrated around the hours of “after-school” and “after-work” commutes. The data demonstrates that between the hours of 12:00 pm- 6:00 pm; nearly 50% of the crashes (208) occurred in 2023. Officers will focus their enforcement hours on these time frames to ensure the greatest impact of enforcement activities. Having identified a noticeable trend in the hours of the crashes, it is that much more concerning that our alcohol involved crashes have also increased (18 injured in 2021, 23 in 2022 including one fatality, and 23 in 2023). Additionally, our Office of Traffic Safety (OTS) Crash Rankings also showed our DUI arrests ranking increase from 34 in 2019 to 23 in 2021. This year the department will focus on expanding our social media campaigns to deter impaired driving. It is very apparent that our efforts are more necessary than ever before. Having the attention and willing participation of the community allows the Police Department to address trends as soon as they are identified. The support of the community lends itself to advocating to the City for necessary infrastructure changes to address and reduce the occurrence of traffic crashes wherever possible by adjusting speed limits, changing and upgrading signs, and improving roadways. While more data needs to be collected to further analyze the noted trends, the department now has more software and hardware equipment to make this analysis. The recent upgrade of the traffic reporting system will soon hold multiple years' worth of data that will show additional details. The recent hiring of our Crime/Data Analyst will also assist us with reviewing data and implementation of best practices to direct our
Schedule Aenforcement efforts. Additionally, the Department recently assigned two additional officers to our Traffic Unit for a total of 4 full-time officers. These projects and staffing increases demonstrate the departments and City’s commitment to our goals. Montebello Police Department has diligently worked to identify and address traffic problems and concerns in the City of Montebello. The Cannabis Tax Fund Grant Program has allowed our efforts to make dramatic improvements, however, our work is not done. The efforts of this grant are personal goals for our department. Our collaborative efforts will create lasting changes that will reduce traffic injuries and lead to zero fatalities in the City of Montebello and surrounding regions. Performance Measures/Scope of Work The City of Montebello Police Department is proposing to conduct the following enforcement operations: 2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aim to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community. 8 DUI Saturation Patrols/ 2 per quarter: Aim to reduction of DUI/DUID by 15% The Department will perform activities during dates and times that have historically demonstrated a high occurrence of crashes and arrests. The listed activities are intended to increase the visibility of our officers to deter the unwanted and unsafe behavior of driving while under the influence. The goal of this program is to reduce the number of crashes and arrests to zero. The program will monitor all activities to measure arrests and contacts being made. Project Performance Evaluation The Department will present the grant project to the City Council at the beginning at conclusion of the performance period. Additionally, the Department will post grant activities on our social media platforms. The project will track data points for each activity as listed below: DUI Checkpoint: Number of vehicles through checkpoints Number of drivers contacted at checkpoints Vehicles through checkpoint Drivers Contacted Field Sobriety Tests Administered DUI Arrests (Alcohol Only) DUI Drug Arrests (Drug Only) DUI Arrests (Alcohol/Drug Combination) Drug Arrests Criminal Arrests (Felony In Custody) Recovered Stolen Vehicles Suspended/Revoked Driver’s License DUI Saturation Patrol: Vehicle Stops or Contacts Field Sobriety Tests Administered DUI Arrests (Alcohol Only) DUI Drug Arrests (Drug Only) DUI Arrests (Alcohol/Drug Combination) Drug Arrests Criminal Arrests (Felony In Custody) Recovered Stolen Vehicles Suspended/Revoked Driver’s License
Schedule AProgram Sustainability This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. The Traffic Unit is currently staffed by Officers that have several years’ experiences in their current assignment, have attended numerous traffic courses, and participated in OTS operations. The Chief of Police, with the support of the City’s Administration, has made it a priority to ensure that the Traffic Unit will continue to expand, that equipment will be maintained properly, and training standards will be exceeded. The continuous traffic issues arising in the city make it apparent that the unit is not only necessary but demanded by the community. The department administration is committed to prioritizing traffic enforcement operations and will work on expanding the unit as soon as staffing levels allow. Administrative Support The Montebello Police Department has the skills and experience to manage the proposed grant activities; the current staff at the City of Montebello Police Department has worked on similar Grants for several years. The proposal reflects targeted enforcement that is data-driven and that the department can handle given our current staffing status. The Lieutenant and Sergeant in charge of the Traffic Unit have attended and are certified in all relevant courses related to the operations of the unit. The department's Grant Administrator has managed funds for several fiscal years and has attended other relevant training as well as Traffic-related conferences. As the department focuses on addressing these concerns, the department will continue to analyze crash data to determine specific areas/locations of higher crash occurrence. The department has been able to hire a new full-time crime analyst. This position will allow further review and observation of data trends. The department also works closely with the City of Montebello’s Finance Department and has an individual accountant assigned to the grant. This ensures that all City and federal fiscal guidelines are observed along with any state and federal procurement procedures/policies and reporting guidelines.
Schedule B-1 Budget Narrative City of Montebello- Police Department Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Personnel DUI Saturation Patrol $20,224.00 DUI Saturation Patrol $20,224.00 Officer -OT $63.20/hour 10 hours X $63.2 X 8 operations X 4 officer 8 DUI Saturation Patrols 2 per quarter The following is an estimate for the cost of each operation: Each operation will cost $2,528 Each operation will last 10 hours Each officer working the operation shall have a pay rate at $63.2 at an overtime rate. DUI Checkpoint $25,232.00 DUI Checkpoint $25,232.00 Officer -OT $63.08/hour 10 hours X $63.08 X 2 operation X 20 officer 2 DUI Checkpoint 1 per quarter The following is an estimate for the cost of each operation: Each operation will cost $12,616 Each operation will last 10 hours Each officer working the operation shall have a pay rate at $63.08 at an overtime rate. Equipment DUI Patrol Vehicle: (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.) $150,000.00 Patrol Vehicles $200,000 Quantity: 2 Unit Cost: $60,000 ($60,000 X 2= $120,000) Additional adjustments for police equipment: ($25,000 X 2= $50,000) *SEE ATTACHED INVOICE FROM PRIOR PURCHASE* Total Cost: $150,000
ITEM # 18
CITY OF MONTEBELLO
CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: Raul Alvarez, City Manager
BY: Paul Espinosa, Police Chief
SUBJECT: APPROVE ACCEPTANCE OF CALIFORNIA HIGHWAY PATROL (CHP)
GRANT AWARD UNDER THE CANNABIS TAX FUND GRANT
PROGRAM (CTFGP)
DATE: July 24, 2024
RECOMMENDATIONS:
It is recommended that the City Council:
1. Accept grant funding awarded by the California Highway Patrol (CHP) under the Cannabis Tax Fund Grant Program (CTFGP) in the amount of $195,456; and,
2. Authorize the City Manager to execute the contract for grant funds; and
3. Amend the Fiscal Year 2024-2025 budget and increase appropriations by $45,456 in Expenditure Account No. 265-80-832-5010.10 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime) and $150,000 in Expenditure Account No. 265-80-832-6082 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Vehicle Purchase) and $195,456 in Revenue Account No. 265-99-4198.86 (Grants, CHP Cannabis Tax Fund); and
4. Take such additional, related action that may be desirable.
FISCAL IMPACT:
The City of Montebello is being awarded $195,456 from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program. Although the City must pay upfront costs, authorized expenditures will be reimbursed by the grant. Reimbursement claims will be submitted as expenses are incurred based on the needs of the Police Department.
The funds are to be distributed to a specific CHP-Grant account which will reflect the following budget: Account No. 265-80-832-5010.10 -- Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime and Account No. 265-80-832-6082 -- Grants, Police, CHP
ATTACHMENT B
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
Cannabis Tax Fund Grant Program, Vehicle Purchase:
1. Personnel Costs-Overtime (5010.10) $45,456
2. Machinery & Equipment (6010.10) $150,000 TOTAL $195,456
The recommended action also creates a revenue budget of $195,456 to record the grant funds which will reimburse the City for approved expenses: Account No. 265-99-4198.86 (Grants, CHP Cannabis Tax Fund). The Fiscal Year 2024-25 budget will be amended by adjusting appropriations in the expenditure and revenue accounts listed above.
BACKGROUND/DISCUSSION:
The California Highway Patrol (CHP) works closely with state and local agencies and other traffic safety stakeholders to actively address impaired driving. The CHP considers a variety of factors in determining specific needs for each grant cycle, including opportunities and projects best suited to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs.
With the passage of Proposition 64 in 2016, The Control, Regulate, and Tax Adult Use Marijuana Act (AUMU), California voters mandated the state to set aside funding for the CHP to provide grants to local governments and qualified non-profit organizations for the education, prevention, and enforcement of impaired driving laws pursuant to Section 34019 (f)(3)(B) Revenue and Taxation Code (RTC).
ENVIRONMENTAL:
N/A
ANALYSIS:
These law enforcement grants are aimed to provide financial assistance to allied agencies for the education, prevention and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Police Department’s effectiveness through training and development of new strategies.
The City of Montebello has been approved to receive $195,456 from the CHP Grant Program. Funding for FY 2024-25 has been approved for use by the Police Department to conduct high visibility traffic enforcement operations and to procure a Traffic Unit Vehicle.
SUMMARY:
The Department has been awarded a CHP Grant in the amount of $195,456. The Grant will enable the Department to conduct traffic enforcement operations. As a result of the
CITY COUNCIL AGENDA REPORT - MEETING OF JULY 24, 2024
award of these reimbursable grant funds, the Department is able to deploy officers and conduct high visibility traffic campaigns. The support of the CHP Grant will aid in these goals and expand our efforts.
Staff recommends City Council authorize the proposed use of the Grant as further outlined in the attached grant application and amend the FY 2024-25 budget by increasing appropriations by $45,456 in Expenditure Account No. 265-80-832-5010.10 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Overtime) and $150,000 in Expenditure Account No. 265-80-832-6082 (Grants, Police, CHP Cannabis Tax Fund Grant Program, Vehicle Purchase) and $195,456 in Revenue Account No. 265-99- 4198.86 (Grants, CHP Cannabis Tax Fund),
ATTACHMENT(S)
1. Attachment A - FY24-25 RFA - Law Enforcement Small and Mid-Size
2. Attachment B - FY24-25 CTFGP Intent to Award – C O Montebello PD
3. Attachment C - Resolution No. 24-48 - CHP Grant Award 2024
4. Attachment D - FY24-25 CTFGP Grant Agreement - City of Montebello PD
CANNABIS TAX FUND GRANT PROGRAM
REQUEST FOR APPLICATION (RFA)
Grant Opportunity
Law Enforcement
Eligible Grant Applicants
Small and Mid-Size Law Enforcement Organizations/Agencies Small-Size: 100 Employees or Less
Mid-Size: 500 Employees or Less
Project Performance Period
July 1, 2024, through June 30, 2025
ATTACHMENT A
This Request for Application (RFA) provides specific Grant Opportunity information for the Cannabis Tax Fund Grant Program (CTFGP) 2024-2025 Grant Cycle, including important deadlines and details. To ensure all eligibility requirements are met for successful participation in the CTFGP, please review the California Code of Regulations (Title 13, Division 2, Chapter 13) and other CTFGP information posted on the California Highway Patrol’s (CHP) website:
https://www.chp.ca.gov/programs-services/programs/cannabis-tax-fund-grant-program.
Important Dates
Activity Date
Grant Workshop January 9, 2024
Grant Application Submission Period January 9, 2024 – February 23, 2024 Grant Application Submission Deadline February 23, 2024, 5:00pm Pacific Time Grant Application Review February – May 2024
Award Announcements May – June 2024
Start of Project Performance Period July 1, 2024
Project Performance Period July 1, 2024 – June 30, 2025
Funding Requirements
A Grant Applicant may only submit one Grant Application, per Grant Opportunity, and shall only request the amount of grant funds necessary to complete the Project within the Project Performance Period.
Grant funds shall be used to implement new activities or augment existing funds, which expand current activities. Grant funds shall not replace (supplant) any federal, state and/or local funds that are appropriated or earmarked for the same purpose and are routine and/or existing state and local expenditures. Supplanting is the deliberate reduction in the amount of federal, state, or local funding appropriated to an existing program or activity because grant funds are awarded for the same purpose. It is the responsibility of the Grant Applicant to ensure supplanting does not occur.
Match Requirements
This Grant Opportunity does not require matching funds.
Project Costs
Estimated Project costs shall support grant-funded Project activities that help address impaired driving and are directly related to the scope of work identified in the Grant Application. To be permissible, Project costs must be reasonable, necessary, and expended according to the CTFGP policies, procedures, and regulations.
Projects are required to have a realistic and prudent budget that avoids unnecessary expenditures unrelated to the Project activities. Final determination of eligibility and award will be made by the Cannabis Grants Unit (CGU) and approved within the Grant Agreement. Please refer to Annex A for ineligible expenses.
Project Performance Period
One Year – July 1, 2024, through June 30, 2025
Eligible Grant Applicants
Small-Size Law Enforcement Organizations/Agencies: 100 employees or less Mid-Size Law Enforcement Organizations/Agencies: 500 employees or less
Small and Mid-Size Law Enforcement Organizations/Agencies, with the primary function of enforcing traffic laws, which includes responding to calls, making arrests, and issuing citations, pursuant to the California Penal Code, California Vehicle Code, and California Health and Safety Code.
Project Funding
Available Project funding is approximately $13 million, with a $500,000 cap, per Grant Application. The Grant Applicant must provide strong justification, measurable goals, and an immediate need for all requested budget items, as part of the Project.
Project Requirements
Requested services, equipment, and supplies shall be in direct support of grant-funded Project activities. Law Enforcement Projects shall include at least one Project activity and focus on one or more of the following areas:
/g120 Increase driving under the influence (DUI)/driving under the influence of drugs (DUID) enforcement efforts (ex: DUI Saturation Patrols, DUI Checkpoints) /g120 Drug Evaluation and Classification (DEC) Program courses (ex: SFST Training, ARIDE Training, DRE Training), and other trainings to help increase the knowledge of law enforcement personnel in detecting and removing impaired drivers from the roadway /g120 General prevention education and community outreach designed to educate the public about the dangers of impaired driving (ex: presentations to high school and/or college students, with a direct focus on Drive High = DUI, or another campaign message against impaired driving)
If the Project includes limited, education-based activities, in conjunction with other enforcement-related activities/efforts, then Law Enforcement Organizations/Agencies should apply for this Law Enforcement Grant Opportunity.
If the Project, in its entirety, solely focuses on an innovative, education-based program for local communities, then Law Enforcement Organizations/Agencies should apply for the Education Grant Opportunity.
Eligible Project Cost Categories
Personnel
Costs may include compensation for wages, such as overtime, and benefits (annual leave and sick leave) for work directly related to, and consistent with, the Project. Personnel hours will be awarded based on the number of grant-funded Project activities approved by CGU. To be eligible for reimbursement, personnel services must occur within the Project Performance Period.
Eligible expenses may include, but are not limited to:
/g120 Hours worked on Project activities above and beyond normal work duties, including DUI Saturation Patrols and DUI Checkpoints
/g120 Attend or instruct approved trainings related to impaired driving /g120 Backfill for staff attending trainings
Travel
Costs may include travel associated with approved in-state and out- of-state Project-related conferences, seminars, workshops, and trainings. The most economical mode of travel, in terms of direct expenses to the Project, must be used. Out-of-state travel is only allowed in exceptional situations. To be eligible for reimbursement, travel must occur within the Project Performance Period.
Eligible expenses may include, but are not limited to:
/g120 Mileage (based on current State rate) or fuel expenses /g120 Hotel accommodations
/g120 Commercial airline fares
/g120 Parking fees
/g120 Bridge tolls and/or taxi or bus fares
For maximum allowed per diem rates, including meals and lodging, please visit the California Department of Human Resources (CalHR) website:
https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx.
Equipment
Costs may include non-expendable, tangible, personal property having a normal useful life of more than one year, and an acquisition cost of at least $5,000 (ex: four identical assets, which cost $1,250 each, for a total of $5,000, are not considered an equipment purchase). Equipment shall be directly related and necessary to complete grant-funded activities included in the Project. Equipment should be purchased at the beginning of the Project Performance Period to ensure it is utilized when completing corresponding Project activities. If requesting equipment, the Project shall contain a correlating grant-funded Project activity (ex: Message Board for DUI Checkpoints). To be eligible for reimbursement, equipment must be purchased and received within the Project Performance Period.
Consultants/Contracts
Costs may include professional services necessary to carry out Project activities, including goals and deliverables, that are clearly outlined in the Grant Application. A copy of the Contract and/or Scope of Work must be submitted to and approved by the CGU prior to commencement of work. To be eligible for reimbursement, Consultants/Contracts services must occur within the Project Performance Period.
Other Direct Costs
Costs may include operational costs. Other Direct Costs shall be directly related and necessary to complete grant-funded activities included in the Project. Other Direct Costs should be purchased at the beginning of the Project Performance Period to ensure they are utilized when completing corresponding Project activities. To be eligible for reimbursement, Other Direct Costs must be purchased and received within the Project Performance Period.
Eligible expenses may include, but are not limited to:
/g120 Equipment with an acquisition cost under $5,000 (ex: Preliminary Alcohol Screening [PAS] devices)
/g120 Registration fees for approved conferences
/g120 Educational/outreach materials (ex: brochures, pamphlets) /g120 Social media costs
Additional Information
References
/g120 Revenue and Taxation Code Section 34019
/g120 California Code of Regulations, Title 13, Division 2, Chapter 13
For additional questions, please contact the Cannabis Grants Unit at (916) 843-4360 or via email at [email protected].
ANNEX A
Ineligible Expenses for
Law Enforcement Grant Opportunity
Items
Building/Facility Construction
Entertainment
Equipment-Only Projects (Must Have Correlating Grant-Funded Project Activity) Facility Rental
Food During Enforcement Efforts (ex: Pizza at DUI Checkpoint) Frozen Positions
Full Salary Positions
Gifts
Highway Construction, Maintenance, Design
Land
Law Enforcement Items (Spike Strips, Station-Related Software) Liability Insurance
Lobbying Costs
Office Furniture and Fixtures
Overhead Costs (ex: Microsoft Office Software, Cellular Plans, Vehicle Insurance & Maintenance) Professional Fees (ex: Membership Dues)
Supplanting
SWAT/Armored Vehicles
Traffic Investigation Equipment
Unapproved Trainings, Equipment, and or Other Direct Costs Uniforms
Utilities
Weapons
Vehicle Outfitting Items (Console, Gun Rack/Mount, License Plate Reader, Magnetic Decal)
**The items listed above are provided as examples and do not constitute all ineligible costs**
State of California -- Transportation Agency GAVIN NEWSOM, Governor
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
Safety, Service, and Security An Internationally Accredited Agency 601 North 7th Street
Sacramento, CA 95811
(916) 843-4360
(800) 735-2929 (TT/TDD)
(800) 735-2922 (Voice)
June 6, 2024
File No.: 060.15426.14597.066.2024.00000
Sergeant Adam Mitchell
City of Montebello Police Department
1600 West Beverly Boulevard
Montebello, CA 90640
Dear Sergeant Mitchell:
On behalf of the California Highway Patrol (CHP), it is my pleasure to inform you, the City of Montebello Police Department, is conditionally approved for Cannabis Tax Fund Grant Program (CTFGP) funding in the amount of $195,456.00. The purpose of this grant funding is to help your agency reduce and mitigate the impacts of impaired driving in your community.
The official Grant Agreement for signature is forthcoming. In order to execute your Grant Agreement, please provide documentation from a local governing body, authorizing your organization to receive this grant funding, to the Cannabis Grants Unit, by email at [email protected], as soon as possible.
Refer to California Code of Regulations Title 13, Division 2, Chapter 13, Section 1890.13(g) for additional information.
The CHP looks forward to partnering with you and your agency on this project in an effort to make California’s roadways a safer place to travel. If you have any questions, please feel free to contact the Cannabis Grants Unit at (916) 843-4360.
Sincerely,
K. M. DAVIS, Chief
Enforcement and Planning Division
ATTACHMENT B
ATTACHMENT C
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State of California
DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1
Award Number
17889
________________________________________________________________
1. GRANT TITLE
FY24/25 CTFGP Law Enforcement - City of Montebello Police Department
2. NAME OF ORGANIZATION/AGENCY
City of Montebello- Police Department
3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT
City of Montebello
4. PROJECT PERFORMANCE PERIOD
From: 07/01/2024 To: 06/30/2025
5. PURCHASE ORDER NUMBER
6. GRANT OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products.
The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organization/Agency’s effectiveness through training and development of new strategies.
7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $195,456.00
8. TERMS AND CONDITIONS
The Grantee agrees to complete the Project, as described in the Project Description. The Grantee’s Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference.
The parties hereto agree to comply with the Terms and Conditions of the following attachments:
/g120Schedule A – Project Description, Problem Statement, Goals and Objectives, and Method of Procedure /g120Schedule B – Detailed Budget Estimate
/g120Schedule B-1 – Budget Narrative
We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above-described Grant Terms and Conditions.
IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto.
9. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY
Name: Paul Espinosa
Title: Chief of Police
Phone: (323) 887-1200
Address: 1600 West Beverly Boulevard
Montebello, CA 90640
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
B. AUTHORIZED OFFICIAL OF CHP
Name: Andrew Beasley Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3 531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street
Sacramento, CA 95811
E-Mail: [email protected]
___________________________ _______________
(Signature) (Date)
10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE
REIMBURSEMENT PAYMENTS
Name: Michael Solorza
Title: Director of Finance
Phone: (323) 887-1200
Address: 1600 West Beverly Boulevard
Montebello, CA 90640
ATTACHMENT D
TERMS AND CONDITIONS
Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
A. EXECUTION
1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement.
2. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement.
3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.
4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval.
5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement.
B. PROJECT ADMINISTRATION
1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State.
2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement.
3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.
4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs.
Equipment purchased under this Grant Agreement must only be used for approved Project- related purposes, unless otherwise approved by the State in writing.
5. Prior to disposition of equipment acquired under this Grant Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.
TERMS AND CONDITIONS
C. PROJECT TERMINATION
1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw.
a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.
b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.
2. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.
3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.
4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities.
D. FINANCIAL RECORDS
1. The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement.
E. HOLD HARMLESS
1. The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement.
TERMS AND CONDITIONS
F. NONDISCRIMINATION
1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)
G. AMERICANS WITH DISABILITIES ACT
1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
H. DRUG-FREE WORKPLACE
1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
b. Establish a Drug-Free Awareness Program to inform employees about:
i. The dangers of drug abuse in the workplace.
ii. The person's or Organization/Agency's policy of maintaining a drug-free workplace.
iii. Any available counseling, rehabilitation, and employee assistance programs.
iv. Penalties that may be imposed upon employees for drug abuse violations.
c. Every employee who works on the Project will:
i. Receive a copy of the company's drug-free workplace policy statement.
ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement.
2. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:
a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.)
I. LAW ENFORCEMENT AGENCIES
1. All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4.
TERMS AND CONDITIONS
J. LABOR CODE/WORKERS' COMPENSATION
1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700).
K. GRANT APPLICATION INCORPORATION
1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement.
L. STATE LOBBYING
1. The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.
M. REPRESENTATION AND WARRANTIES
1. The Grantee represents and warrants that:
a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.
b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein.
c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax- exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.
d. All of the information in its Grant Application and all materials submitted are true and accurate.
N. AIR OR WATER POLLUTION VIOLATION
1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.
TERMS AND CONDITIONS
O. GRANTEE NAME CHANGE
1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority.
2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment.
P. RESOLUTION
1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement.
Q. PAYEE DATA RECORD FORM STD. 204
1. This form shall be completed by all non-governmental Grantees.
R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM
1. This form shall be completed by all Grantees.
S. CONFLICT OF INTEREST
1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification.
2. Current State Employees:
a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment.
b. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services.
3. Former State Employees:
a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Grant Agreement while employed in any capacity by any state agency.
b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service.
4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with
TERMS AND CONDITIONS
participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement.
5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement.
6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one.
7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.
8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void.
T. EQUIPMENT-USE TERMS
1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.
2. Law Enforcement Projects:
a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment.
At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices.
Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.
b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement.
Schedule A
City of Montebello- Police Department
All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase.
Project Description
The City of Montebello Police Department has determined, through the analysis of traffic data, that the awarded funding will have the greatest impact in the community by increasing awareness of safe driving practices and conducting enforcement operations in areas that statistically have been demonstrated to be high occurrences of primary collision factors. The department has initially identified a time period where most traffic crashes have occurred (12:00 pm – 6:00 pm). While focusing the initial traffic enforcement operations during this time period, the department will continue to analyze emerging traffic data and trends. If awarded funding, implementation of all grant activities will be accomplished by deploying personnel at known problematic, data-driven locations. There will also be an effort to conduct several enforcement operations such as DUI checkpoints and DUI Saturation Patrols.
Problem Statement & Proposed Solution
The City of Montebello is a bustling and charming community located in Los Angeles County. Traffic volume is heavy throughout the city for several reasons. Montebello covers an area of approximately 8.25 miles and is bordered on the south by the Santa Ana Freeway (I-5) and on the north by the Pomona Freeway (SR-60).
Several other freeways are nearby and easily accessible from the area including the Long Beach Freeway 710 and San Gabriel Freeway 605. Montebello is often referred to as a gateway city, with proximity to downtown Los Angeles and its shared borders with several cities including Monterey Park, Pico Rivera, Rosemead, Commerce, and East Los Angeles. The city is primarily residential; however, there is strong growth of commercial property and businesses. Montebello is home to a large shopping mall with heavy traffic that substantially increases during the holiday season. Additionally, there are five private schools, thirty-three schools in the Montebello Unified School District, and several universities in the surrounding area. Montebello is in one of the busiest counties in the country, it is bordered by heavily traveled freeways and is an area by which numerous commuters travel, shop, and reside on a daily basis. All these factors contribute to several traffic problems that the department hopes to mitigate.
The City of Montebello is fortunate to have an active community that is very aware and concerned of traffic trends. Social media has played a large role in creating this open and fluid communication. Through additional data analysis the Police Department has observed a trend emerge, this new trend is being referred to as the “after-hours” trend. The noted crashes tend to be concentrated around the hours of “after-school” and “after- work” commutes. The data demonstrates that between the hours of 12:00 pm- 6:00 pm; nearly 50% of the crashes (208) occurred in 2023. Officers will focus their enforcement hours on these time frames to ensure the greatest impact of enforcement activities.
Having identified a noticeable trend in the hours of the crashes, it is that much more concerning that our alcohol involved crashes have also increased (18 injured in 2021, 23 in 2022 including one fatality, and 23 in 2023). Additionally, our Office of Traffic Safety (OTS) Crash Rankings also showed our DUI arrests ranking increase from 34 in 2019 to 23 in 2021. This year the department will focus on expanding our social media campaigns to deter impaired driving. It is very apparent that our efforts are more necessary than ever before.
Having the attention and willing participation of the community allows the Police Department to address trends as soon as they are identified. The support of the community lends itself to advocating to the City for necessary infrastructure changes to address and reduce the occurrence of traffic crashes wherever possible by adjusting speed limits, changing and upgrading signs, and improving roadways.
While more data needs to be collected to further analyze the noted trends, the department now has more software and hardware equipment to make this analysis. The recent upgrade of the traffic reporting system will soon hold multiple years' worth of data that will show additional details. The recent hiring of our Crime/Data Analyst will also assist us with reviewing data and implementation of best practices to direct our
Schedule A
enforcement efforts. Additionally, the Department recently assigned two additional officers to our Traffic Unit for a total of 4 full-time officers. These projects and staffing increases demonstrate the departments and City’s commitment to our goals.
Montebello Police Department has diligently worked to identify and address traffic problems and concerns in the City of Montebello. The Cannabis Tax Fund Grant Program has allowed our efforts to make dramatic improvements, however, our work is not done. The efforts of this grant are personal goals for our department.
Our collaborative efforts will create lasting changes that will reduce traffic injuries and lead to zero fatalities in the City of Montebello and surrounding regions.
Performance Measures/Scope of Work
The City of Montebello Police Department is proposing to conduct the following enforcement operations:
2 DUI Checkpoints (Q2 = 1, Q4 = 1): Aim to reduce DUI/DUID by 15%, which will reduce the number of impaired drivers in the community.
8 DUI Saturation Patrols/ 2 per quarter: Aim to reduction of DUI/DUID by 15%
The Department will perform activities during dates and times that have historically demonstrated a high occurrence of crashes and arrests.
The listed activities are intended to increase the visibility of our officers to deter the unwanted and unsafe behavior of driving while under the influence. The goal of this program is to reduce the number of crashes and arrests to zero. The program will monitor all activities to measure arrests and contacts being made.
Project Performance Evaluation
The Department will present the grant project to the City Council at the beginning at conclusion of the performance period. Additionally, the Department will post grant activities on our social media platforms.
The project will track data points for each activity as listed below:
DUI Checkpoint:
/g120 Number of vehicles through checkpoints
/g120 Number of drivers contacted at checkpoints
/g120 Vehicles through checkpoint
/g120 Drivers Contacted
/g120 Field Sobriety Tests Administered
/g120 DUI Arrests (Alcohol Only)
/g120 DUI Drug Arrests (Drug Only)
/g120 DUI Arrests (Alcohol/Drug Combination)
/g120 Drug Arrests
/g120 Criminal Arrests (Felony In Custody)
/g120 Recovered Stolen Vehicles
/g120 Suspended/Revoked Driver’s License
DUI Saturation Patrol:
/g120 Vehicle Stops or Contacts
/g120 Field Sobriety Tests Administered
/g120 DUI Arrests (Alcohol Only)
/g120 DUI Drug Arrests (Drug Only)
/g120 DUI Arrests (Alcohol/Drug Combination)
/g120 Drug Arrests
/g120 Criminal Arrests (Felony In Custody)
/g120 Recovered Stolen Vehicles
/g120 Suspended/Revoked Driver’s License
Schedule A
Program Sustainability
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.
The Traffic Unit is currently staffed by Officers that have several years’ experiences in their current assignment, have attended numerous traffic courses, and participated in OTS operations. The Chief of Police, with the support of the City’s Administration, has made it a priority to ensure that the Traffic Unit will continue to expand, that equipment will be maintained properly, and training standards will be exceeded.
The continuous traffic issues arising in the city make it apparent that the unit is not only necessary but demanded by the community. The department administration is committed to prioritizing traffic enforcement operations and will work on expanding the unit as soon as staffing levels allow.
Administrative Support
The Montebello Police Department has the skills and experience to manage the proposed grant activities; the current staff at the City of Montebello Police Department has worked on similar Grants for several years.
The proposal reflects targeted enforcement that is data-driven and that the department can handle given our current staffing status. The Lieutenant and Sergeant in charge of the Traffic Unit have attended and are certified in all relevant courses related to the operations of the unit. The department's Grant Administrator has managed funds for several fiscal years and has attended other relevant training as well as Traffic-related conferences.
As the department focuses on addressing these concerns, the department will continue to analyze crash data to determine specific areas/locations of higher crash occurrence. The department has been able to hire a new full-time crime analyst. This position will allow further review and observation of data trends.
The department also works closely with the City of Montebello’s Finance Department and has an individual accountant assigned to the grant. This ensures that all City and federal fiscal guidelines are observed along with any state and federal procurement procedures/policies and reporting guidelines.
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/g39/g56/g44/g3/g51/g68/g87/g85/g82/g79/g3/g57/g72/g75/g76/g70/g79/g72 /g7/g20/g24/g19/g15/g19/g19/g19/g17/g19/g19 /g38/g68/g87/g72/g74/g82/g85/g92/g3/g54/g88/g69/g16/g55/g82/g87/g68/g79 /g7/g20/g24/g19/g15/g19/g19/g19/g17/g19/g19
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Schedule B-1
Budget Narrative
City of Montebello- Police Department
Prior to engaging in grant-funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction.
Personnel
DUI Saturation Patrol
$20,224.00
DUI Saturation Patrol
$20,224.00
Officer -OT $63.20/hour
10 hours X $63.2 X 8 operations X 4 officer
8 DUI Saturation Patrols
2 per quarter
The following is an estimate for the cost of each operation:
Each operation will cost $2,528
Each operation will last 10 hours
Each officer working the operation shall have a pay rate at $63.2 at an overtime rate.
DUI Checkpoint
$25,232.00
DUI Checkpoint
$25,232.00
Officer -OT $63.08/hour
10 hours X $63.08 X 2 operation X 20 officer
2 DUI Checkpoint
1 per quarter
The following is an estimate for the cost of each operation:
Each operation will cost $12,616
Each operation will last 10 hours
Each officer working the operation shall have a pay rate at $63.08 at an overtime rate.
Equipment
DUI Patrol Vehicle: (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and prisoner transport partition are not eligible costs and will not be reimbursed.)
$150,000.00
Patrol Vehicles
$200,000
Quantity: 2
Unit Cost: $60,000 ($60,000 X 2= $120,000)
Additional adjustments for police equipment: ($25,000 X 2= $50,000) *SEE ATTACHED INVOICE FROM PRIOR PURCHASE*
Total Cost: $150,000
Purchase Order / Quote
OLATHE FORD Date 11/4/2024
SANDRA GONZALEZ Valid Until 12/15/2024
Government Account Team Contract MID-AMERICA REGIONAL 62-23 Direct: 505-850-5504 PO
Lead Time APPROX 12 WEEKS
Customer: Invoice Address: Delivery Address:
MONTEBELLO CA Same
LT. MOLINARI
Description - Vehicle Preview Details Line Total
2025 FORD POLICE INTERCEPTOR UTILITY AWD - K8A $47,598.00 K8A0 POLICE INTER UTILITY AWD
.119 INCH WHEELBASE
TOTAL BASE VEHICLE
OXFORD WHITE
CLOTH BUCKETS/VINYL REAR SEATS
ONYX INTERIOR
EQUIPMENT GROUP 500A
.FM STEREO
3.3L TI-VCT V6 ENGINE
10-SPEED AUTO TRANSMISSION
HID PLUNG W/R HNDL INOPERABLE
FORD FLEET SPECIAL ADJUSTMENT
50 STATE EMISSIONS
DRIVER AND PASS LED SPOT LAMP
KEYED ALIKE -KEY CODE B
NOISE SUPPRESSION BOND STRAPS
REAR DR HNDL AND LOCKS INOPR
DEFLECTOR PLATE
REAR CONSOLE MOUNTING PLATE
8" REAR CAMERA
FRONT LICENSE PLATE BRACKET
DECALS BY DESIGN - 5775
POLICE UPFITTING - AFI QTE 37948 - PER GRANT SPECIFICATION
$752.22
$19,767.92
Subtotal less trade-in $68,118.14
Special Notes and Instructions Sales Tax 0.00% $0.00
MSO/ODO STATEMENT. CUST RESPONSIBLE FOR REGISTRATION, TAXES AND TITLING
Tire Tax 5 $5.00
Extended Warranty $0.00
Flooring $0.00
Delivery $800.00
MSO / ODO $0.00
Total Per Unit $68,923.14
Quantity of Units 2
PO Total $137,846.28
Above information is not an invoice and only an estimate of services/goods described above. Quote subject to change.
Please confirm your acceptance of this quote by signing this document, and returning your PO.
Signature
Print Name
Date
If you have any questions concerning this quote, contact Sandra Gonzalez Thank you for your business!
1845 E Santa Fe, Olathe, KS 66062
505-850-5504 - AZFLEETQUEEN@ GMAIL.COM
ATTACHMENT C
032824-OLA
Rev. 3/2022 1
Solicitation Number: RFP #032824
CONTRACT
This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Olathe Ford Sales, Inc., 1845 E. Santa Fe, Olathe, KS 66062 (Supplier).
Sourcewell is a State of Minnesota local government unit and se rvice cooperative created under the laws of the State of Minnesota (Minnesota Statutes Sect ion 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to eligible federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada.
Sourcewell issu
ed a public solicitation for Class 4-8 Chassis and Cabs wi th Related Equipment, Accessories, and Services from which Supplier was awarded a contract.
Supplie
r desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell’s cooperative purchasing contracts (
Participating Entities).
1. TERM OF CONTRACT
A. EFFECTIVE DATE. This Contract is ef fectiv e upon the date of the final signature below.
EXPIRATION DATE AND EXTENSION. This Contract expires July 9, 2028, unless it is cancelled sooner pursuant to Article 22. This Contract allows up to three additional one-year extensions upon the request of Sourcewell and written agreement by Supplier. Sourcewell retains the right to consider additional extensions beyond seven years as required under exceptional circumstances.
B. SURVIVAL OF TERMS. Notwithstanding any expiration or termination of this Contract, all paymen
t obligations incurred prior to expiration or termination will survive, as will the following: Articles 11 th ro ugh 14 survive the expiration or cancellation of this Contract. All other rights will cease upon expiration or termination of this Contract.
2. EQUIPMENT, PRODUCTS, OR SERVICES
ATTACHMENT D
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A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above.
Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract.
All Equipment and Products provided under this Contract must be new and the current model.
Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site.
This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.
B. WARRANTY. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship.
In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution and throughout the Contract term, Supplier must provide to Sourcewell a current means to validate or authenticate Supplier’s authorized dealers, distributors, or resellers relative to the Equipment, Products, and Services offered under this Contract, which will be incorporated into this Contract by reference. It is the Supplier’s responsibility to ensure Sourcewell receives the most current information.
3. PRICING
All Equipment, Products, or Services under this Contract will be priced at or below the price stated in Supplier’s Proposal.
When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity’s total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity’s requested delivery location.
Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase.
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A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities.
Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity.
Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition.
Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.
B. SALES TAX. Each Participating Entity is responsible for supplying the Supplier with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity.
C. HOT LIST PRICING. At any time during this Contract, Supplier may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract.
When Supplier determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below.
Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities.
4. PRODUCT AND PRICING CHANGE REQUESTS
Supplier may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Supplier Development Administrator. This approved form is available from the assigned Sourcewell Supplier Development Administrator.
At a minimum, the request must:
x Identify the applicable Sourcewell contract number;
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x Clearly specify the requested change;
x Provide sufficient detail to justify the requested change; x Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and x Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged.
A fully executed Sourcewell Price and Product Change Request Form will become an amendment to this Contract and will be incorporated by reference.
5. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS
A. PARTICIPATION. Sourcewell’s cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities.
The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity’s authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Supplier understands that a Participating Entity’s use of this Contract is at the Participating Entity’s sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source.
Supplier is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract.
B. PUBLIC FACILITIES. Supplier’s employees may be required to perform work at government- owned facilities, including schools. Supplier’s employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws.
6. PARTICIPATING ENTITY USE AND PURCHASING
A. ORDERS AND PAYMENT. To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Supplier that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Supplier. Typically, a Participating Entity will issue an order directly to Supplier or its authorized
032824-OLA
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subsidiary, distributor, dealer, or reseller. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration or cancellation of this Contract; however, Supplier performance, Participating Entity payment obligations, and any applicable warranty periods or other Supplier or Participating Entity obligations may extend beyond the term of this Contract.
Supplier’s acceptable forms of payment are included in its attached Proposal. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity.
B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Supplier, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Some Participating Entities may require the use of a Participating Addendum, the terms of which will be negotiated directly between the Participating Entity and the Supplier or its authorized dealers, distributors, or resellers, as applicable. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract.
C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements not addressed in this Contract (such as e- commerce specifications, specialized delivery requirements, or other specifications and requirements), the Participating Entity and the Supplier may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement.
D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Supplier in the event of any of the following events:
1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the equipment, products, or services to be purchased; or
2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity’s requirements.
E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity’s order will be determined by the Participating Entity making the purchase.
7. CUSTOMER SERVICE
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A. PRIMARY ACCOUNT REPRESENTATIVE. Supplier will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for:
x Maintenance and management of this Contract;
x Timely response to all Sourcewell and Participating Entity inquiries; and x Business reviews to Sourcewell and Participating Entities, if applicable.
B. BUSINESS REVIEWS. Supplier must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, sales data reports, performance issues, supply issues, customer issues, and any other necessary information.
8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT
A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Supplier must provide a contract sales activity report (Report) to the Sourcewell Supplier Development Administrator assigned to this Contract. Reports are due no later than 45 days after the end of each calendar quarter. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Supplier must submit a report indicating no sales were made).
The Report must contain the following fields:
x Participating Entity Name (e.g., City of Staples Highway Department); x Participating Entity Physical Street Address;
x Participating Entity City;
x Participating Entity State/Province;
x Participating Entity Zip/Postal Code;
x Participating Entity Contact Name;
x Participating Entity Contact Email Address;
x Participating Entity Contact Telephone Number;
x Sourcewell Assigned Entity/Participating Entity Number; x Item Purchased Description;
x Item Purchased Price;
x Sourcewell Administrative Fee Applied; and
x Date Purchase was invoiced/sale was recognized as revenue by Supplier.
B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Supplier will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Supplier may not charge Participating Entities more than the contracted
032824-OLA
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price to offset the Administrative Fee.
The Supplier will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Supplier’s name and Sourcewell-assigned contract number in the memo; and must be mailed to the address above “Attn: Accounts Receivable” or remitted electronically to Sourcewell’s banking institution per Sourcewell’s Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter.
Supplier agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract.
In the event the Supplier is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Supplier in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract’s expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date.
9. AUTHORIZED REPRESENTATIVE
Sourcewell's Authorized Representative is its Chief Procurement Officer.
Supplier’s Authorized Representative is the person named in the Supplier’s Proposal. If Supplier’s Authorized Representative changes at any time during this Contract, Supplier must promptly notify Sourcewell in writing.
10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE
A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Contract are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract. This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract.
B. ASSIGNMENT. Neither party may assign or otherwise transfer its rights or obligations under this Contract without the prior written consent of the other party and a fully executed assignment agreement. Such consent will not be unreasonably withheld. Any prohibited assignment will be invalid.
C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been duly executed by the parties.
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D. WAIVER. Failure by either party to take action or assert any right under this Contract will not be deemed a waiver of such right in the event of the continuation or repetition of the circumstances giving rise to such right. Any such waiver must be in writing and signed by the parties.
E. CONTRACT COMPLETE. This Contract represents the complete agreement between the parties. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22 of this Contract, the terms of Articles 1-22 will govern.
F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses. This Contract does not create a partnership, joint venture, or any other relationship such as master-servant, or principal-agent.
11. INDEMNITY AND HOLD HARMLESS
Supplier must indemnify, defend, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys’ fees incurred by Sourcewell or its Participating Entities, arising out of any act or omission in the performance of this Contract by the Supplier or its agents or employees; this indemnification includes injury or death to person(s) or property alleged to have been caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Sourcewell’s responsibility will be governed by the State of Minnesota’s Tort Liability Act (Minnesota Statutes Chapter 466) and other applicable law.
12. GOVERNMENT DATA PRACTICES
Supplier and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, maintained, or disseminated by the Supplier under this Contract.
13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT
A. INTELLECTUAL PROPERTY
1. Grant of License. During the term of this Contract:
a. Sourcewell grants to Supplier a royalty-free, worldwide, non-exclusive right and license to use the trademark(s) provided to Supplier by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell’s relationship with Supplier.
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b. Supplier grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Supplier’s trademarks in advertising and promotional materials for the purpose of marketing Supplier’s relationship with Sourcewell.
2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to their respective subsidiaries, distributors, dealers, resellers, marketing representatives, and agents (collectively “Permitted Sublicensees”) in advertising and promotional materials for the purpose of marketing the Parties’ relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Each party will be responsible for any breach of this Article by any of their respective sublicensees.
3. Use; Quality Control.
a. Neither party may alter the other party’s trademarks from the form provided and must comply with removal requests as to specific uses of its trademarks or logos.
b. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party’s trademarks only in good faith and in a dignified manner consistent with such party’s use of the trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated.
4. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party’s name or logo (excepting Sourcewell’s pre-printed catalog of suppliers which may be used until the next printing). Supplier must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell’s written directions.
B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Supplier individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract.
C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Send all approval requests to the Sourcewell Supplier Development Administrator assigned to this Contract.
D. ENDORSEMENT. The Supplier must not claim that Sourcewell endorses its Equipment, Products, or Services.
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14. GOVERNING LAW, JURISDICTION, AND VENUE
The substantive and procedural laws of the State of Minnesota will govern this Contract. Venue for all legal proceedings arising out of this Contract, or its breach, must be in the appropriate state court in Todd County, Minnesota or federal court in Fergus Falls, Minnesota.
15. FORCE MAJEURE
Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party’s reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default.
16. SEVERABILITY
If any provision of this Contract is found by a court of competent jurisdiction to be illegal, unenforceable, or void then both parties will be relieved from all obligations arising from that provision. If the remainder of this Contract is capable of being performed, it will not be affected by such determination or finding and must be fully performed.
17. PERFORMANCE, DEFAULT, AND REMEDIES
A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows:
1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Supplier will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties.
2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Supplier may escalate the resolution of the issue to a higher level of management. The Supplier will have 30 calendar days to cure an outstanding issue.
3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Supplier must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Supplier fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, the Supplier will bear any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed.
B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default:
1. Nonperformance of contractual requirements, or
2. A material breach of any term or condition of this Contract.
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The party claiming default must provide written notice of the default, with 30 calendar days to cure the default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may:
x Exercise any remedy provided by law or equity, or
x Terminate the Contract or any portion thereof, including any orders issued against the Contract.
18. INSURANCE
A. REQUIREMENTS. At its own expense, Supplier must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an “AM BEST” rating of A- or better, with coverage and limits of insurance not less than the following:
1. Workers’ Compensation and Employer’s Liability.
Workers’ Compensation: As required by any applicable law or regulation.
Employer's Liability Insurance: must be provided in amounts not less than listed below:
Minimum limits:
$500,000 each accident for bodily injury by accident
$500,000 policy limit for bodily injury by disease
$500,000 each employee for bodily injury by disease
2. Commercial General Liability Insurance. Supplier will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office (“ISO”) Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract.
Minimum Limits:
$1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury
$2,000,000 aggregate for products liability-completed operations $2,000,000 general aggregate
3. Commercial Automobile Liability Insurance. During the term of this Contract, Supplier will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms
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no less broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent.
Minimum Limits:
$1,000,000 each accident, combined single limit
4. Umbrella Insurance. During the term of this Contract, Supplier will maintain umbrella coverage over Employer’s Liability, Commercial General Liability, and Commercial Automobile.
Minimum Limits:
$2,000,000
5. Professional/Technical, Errors and Omissions, and/or Miscellaneous Professional Liability. During the term of this Contract, Supplier will maintain coverage for all claims the Supplier may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Supplier’s professional services required under this Contract.
Minimum Limits:
$2,000,000 per claim or event
$2,000,000 – annual aggregate
6. Network Security and Privacy Liability Insurance. During the term of this Contract, Supplier will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Supplier’s security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data – including but not limited to, confidential or private information, transmission of a computer virus, or denial of service.
Minimum limits:
$2,000,000 per occurrence
$2,000,000 annual aggregate
Failure of Supplier to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default.
B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Supplier must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Supplier Development Administrator assigned to this Contract. The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf.
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Failure to request certificates of insurance by Sourcewell, or failure of Supplier to provide certificates of insurance, in no way limits or relieves Supplier of its duties and responsibilities in this Contract.
C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Supplier agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Supplier’s commercial general liability insurance policy with respect to liability arising out of activities, “operations,” or “work” performed by or on behalf of Supplier, and products and completed operations of Supplier. The policy provision(s) or endorsement(s) must further provide that coverage is primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds.
D. WAIVER OF SUBROGATION. Supplier waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Supplier or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Supplier or its subcontractors. Where permitted by law, Supplier must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors.
E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention.
19. COMPLIANCE
A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold.
B. LICENSES. Supplier must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Supplier conducts with Sourcewell and Participating Entities.
20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION
Supplier certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Supplier declares bankruptcy, Supplier must immediately notify Sourcewell in writing.
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Supplier certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Supplier certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Supplier further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time.
21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER
UNITED STATES FEDERAL AWARDS OR OTHER AWARDS
Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may have additional requirements based on specific funding source terms or conditions. Within this Article, all references to “federal” should be interpreted to mean the United States federal government.
The following list only applies when a Participating Entity accesses Supplier’s Equipment, Products, or Services with United States federal funds.
A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of “federally assisted construction contract” in 41 C.F.R. § 60-
1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. § 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The equal opportunity clause is incorporated herein by reference.
B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with
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the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Supplier must be in compliance with all applicable Davis-Bacon Act provisions.
C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. §§ 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. § 5).
Under 40 U.S.C. § 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. § 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. This provision is hereby incorporated by reference into this Contract. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AGREEMENT. If the federal award meets the definition of “funding agreement” under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency. Supplier certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Supplier must comply with applicable requirements as referenced above.
E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT (33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of $150,000 require the non-federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. § 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. § 1251- 1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).
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Supplier certifies that during the term of this Contract will comply with applicable requirements as referenced above.
F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Supplier certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency.
G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Suppliers must file any required certifications. Suppliers must not have used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Suppliers must disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the non-federal award. Suppliers must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352).
H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Supplier must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Supplier further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed.
I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Supplier must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.
J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Supplier must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition.
K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Supplier agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and
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records of Supplier that are directly pertinent to Supplier’s discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Supplier’s personnel for the purpose of interview and discussion relating to such documents.
L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
M. FEDERAL SEAL(S), LOGOS, AND FLAGS. The Supplier cannot use the seal(s), logos, crests, or reproductions of flags or likenesses of Federal agency officials without specific pre-approval.
N. NO OBLIGATION BY FEDERAL GOVERNMENT. The U.S. federal government is not a party to this Contract or any purchase by a Participating Entity and is not subject to any obligations or liabilities to the Participating Entity, Supplier, or any other party pertaining to any matter resulting from the Contract or any purchase by an authorized user.
O. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS. The Contractor acknowledges that 31 U.S.C. 38 (Administrative Remedies for False Claims and Statements) applies to the Supplier’s actions pertaining to this Contract or any purchase by a Participating Entity.
P. FEDERAL DEBT. The Supplier certifies that it is non-delinquent in its repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowance, and benefit overpayments.
Q. CONFLICTS OF INTEREST. The Supplier must notify the U.S. Office of General Services, Sourcewell, and Participating Entity as soon as possible if this Contract or any aspect related to the anticipated work under this Contract raises an actual or potential conflict of interest (as described in 2 C.F.R. Part 200). The Supplier must explain the actual or potential conflict in writing in sufficient detail so that the U.S. Office of General Services, Sourcewell, and Participating Entity are able to assess the actual or potential conflict; and provide any additional information as necessary or requested.
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R. U.S. EXECUTIVE ORDER 13224. The Supplier, and its subcontractors, must comply with U.S.
Executive Order 13224 and U.S. Laws that prohibit transactions with and provision of resources and support to individuals and organizations associated with terrorism.
S. PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT. To the extent applicable, Supplier certifies that during the term of this Contract it will comply with applicable requirements of 2 C.F.R. § 200.216.
T. DOMESTIC PREFERENCES FOR PROCUREMENTS. To the extent applicable, Supplier certifies that during the term of this Contract will comply with applicable requirements of 2 C.F.R. § 200.322.
22. CANCELLATION
Sourcewell or Supplier may cancel this Contract at any time, with or without cause, upon 60 days’ written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Supplier’s Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation.
Sourcewell Olathe Ford Sales, Inc.
By: __________________________ By: __________________________ Jeremy Schwartz Marc McEver
Title: Chief Procurement Officer Title: Dealer Principal
Date: ________________________
Date: ________________________
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Bid Number: RFP 032824 Vendor Name: Olathe Ford Sales Inc.