CITY COUNCIL OF MONTEREY PARK
THE CITY COUNCIL ACTING ON BEHALF OF THE SUCCESSOR AGENCY OF THE FORMER
REDEVELOPMENT AGENCY, THE HOUSING AUTHORITY, THE MONTEREY PARK FINANCING
AUTHORITY AND THE MONTEREY PARK GEOLOGIC HAZARD ABATEMENT DISTRICT AGENDA
REGULAR CITY COUNCIL MEETING
MONTEREY PARK CITY HALL COUNCIL CHAMBERS
320 W. NEWMARK AVENUE, MONTEREY PARK, CA 91754
Wednesday
September 18, 2024
6:30 p.m.
GENERAL INFORMATION
Documents related to an Agenda item are available to the public in the City Clerk’s Office located at 320 West Newmark Avenue, Monterey Park, CA 91754, during normal business hours and the City’s website at http://www.montereypark.ca.gov/AgendaCenter/City-Council-17.
The public may watch the meeting live on the city’s cable channel MPKTV (AT&T U -verse, channel 99 or Charter Communications, channel 182) or by visiting the city’s website at http://www.montereypark.ca.gov/133/City-Council-Meeting-Videos. Per the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call City Hall at (626) 307 -1359 for reasonable accommodation at least 24 hours before a meeting. Council Chambers are wheelchair accessible.
PUBLIC PARTICIPATION
You may speak up to 5 minutes on an/each Agenda item. You may combine up to 2 minutes of time with another person’s speaking. No person may speak more than a total of 10 minutes. The Mayor and City Council may change the amount of time allowed for speakers. Written Communication will be accepted up to 24 hours before the meeting via email to [email protected] or by completing an online form at www.montereypark.ca.gov/writtencomm.
While all comments are welcome, the Brown Act does not allow the City Council to take action on any item not on the agenda. The Council may briefly respond to comments after Public Communications is closed. Persons may, in addition to any other matter within the City Council's subject-matter jurisdiction, comment on Agenda Items at this time. If you provide public comment on a specific Agenda item at this time, however, you cannot later provide comments at the time the Agenda Item is considered.
MISSION STATEMENT
The mission of the City of Monterey Park is to provide excellent services to enhance the quality of life for our entire community.
LAND ACKNOWLEDGMENT
We would like to acknowledge that the land we inhabit today was once known as Tovangaar, the home of the Gabrieleño -Tongva people. We show our respect to the Gabrieleño-Tongva people, as well as all Indigenous people, past, present, and future, and honor t heir labor as original caretakers of this land. We commit to uplifting the Gabrieleño-Tongva people, invite you to acknowledge the history, and join us in caring for this land.
Monterey Park City Council Agenda, September 18, 2024 - Page 2
CALL TO ORDER Mayor
FLAG SALUTE The Monterey Park Police Explorer
ROLL CALL Henry Lo, Vinh Ngo, Jose Sanchez, Thomas Wong, Yvonne Yiu
AGENDA ADDITIONS, DELETIONS, CHANGES AND ADOPTIONS
PUBLIC COMMUNICATIONS
STAFF COMMUNICATIONS:
[1.] PRESENTATION
1-A. HEALING FUND UPDATE
[2.] OLD BUSINESS – None.
[3.] CONSENT CALENDAR ITEM NOS. 3A-3J
All items under the Consent Calendar are considered by the City Council to be routine and will be enacted by one motion. Specific items may be removed from the Consent Calendar at the request of any member of the City Council for separate consideration.
3-A. MONTHLY INVESTMENT REPORT – AUGUST 2024
It is recommended that the City Council consider:
(1) Receiving and filing the monthly investment report; and (2) Taking such additional, related, action that may be desirable.
3-B. CONSIDERATION AND POSSIBLE ACTION TO ADOPT THE 2024 CONFLICT OF
INTEREST CODE FOR THE CITY OF MONTEREY PARK IN ACCORDANCE WITH THE
POLITICAL REFORM ACT
It is recommended that the City Council consider:
(1) Adopting the resolution amending the City's Conflict of Interest Code; and (2) Taking such additional, related, action that may be desirable.
3-C. APPROVAL OF AN AMENDMENT TO THE AGREEMENT WITH CIVICPLUS LLC FOR A
NEW AGENDA AND MEETING MANAGEMENT SYSTEM
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute an amendment to Agreement No. 1775 -A with CivicPLus, LLC, in a form approved by the City Attorney, to provide an Agenda and Meeting Management Software for an amount not to exceed $60,000 for the term ending July 31, 2028;
(2) Authorizing the Finance Director to appropriate $12,908.60 from the Administration - General Fund to the FY2024-25 Budget.
(3) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, September 18, 2024 - Page 3
3-D. 2024 BANNED BOOKS WEEK RESOLUTION
It is recommended that the City Council consider:
(1) Adopting a resolution declaring the week of September 22 -28, 2024 as Banned Books Week in Monterey Park,
(2) Taking such additional, related, action that may be desirable.
3-E. 2024/2025 CANNABIS TAX FUND GRANT PROGRAM (CTFGP) FUNDING FOR TWO LAW
ENFORCEMENT MOTORCYCLES
It is recommended that the City Council consider:
(1) Waiving bidding requirements pursuant to Monterey Park Municipal Codes §3.20.050 (2) through (4), and authorizing the City Manager to execute an amendment to Agreement No. 2004-A with Long Beach BMW Motorcycles, in a form approved by the City Attorney, for the purchase of two (2) 2024 BMW R1250 RT-P 753 law enforcement motorcycles; (2) Taking such additional, related, action that may be desirable.
3-F. AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
GREETINGS TOUR AND ARTIST VICTOR VING IN A FORM APPROVED BY THE CITY
ATTORNEY FOR A COMMUNITY MURAL PROJECT FOR AN AMOUNT NOT TO EXCEED $40,000
It is recommended that the City Council consider:
(1) Authorizing the City Manager to negotiate and execute an agreement, in a form approved by the City Attorney, with the Greetings Tour and artist Victor Ving for a community mural for an amount not to exceed $40,000;
(2) Providing direction on the process for final art and location selection; and (3) Taking such additional, related, action that may be desirable.
3-G. EMERGENCY REPLACEMENT OF THE HVAC SYSTEM AT THE LANGLEY SENIOR CITIZEN CENTER – ADOPT A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE NECESSARY AGREEMENTS, WITHOUT THE NEED FOR COMPETITIVE
BIDDING TO COMPLETE THE HVAC REPLACEMENT
It is recommended that the City Council consider:
(1) Adopting a Resolution authorizing the City Manager to execute necessary Agreements, not to exceed $75,000, without the need for competitive bidding to complete emergency replacement of the HVAC system at the Langley Senior Citizen Center (2) Appropriating $75,000 to the FY 2024-2025 Budget from the General Fund for the project; and
(3) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
This matter is categorically exempt from review under the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15269 (emergency repair to this public facility is necessary to maintain service essen tial to the public, health and welfare) and § 15301 (Existing Facilities). The extended repairs would result in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have a ny significant impacts with regard to regarding traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project.
Additionally, the City Council’s actions are exempt from additional CEQA review as they ar e being made to protect public and private property and necessary to maintain services essential to the public, health and welfare (see, CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529: CEQA findings regarding an anticipated imminent emergency are valid).
Monterey Park City Council Agenda, September 18, 2024 - Page 4
3-H. BRUGGEMEYER LIBRARY IMPROVEMENTS – AUTHORIZE PURCHASE OF 26 NEW
HVAC UNITS FROM CARRIER CORPORATION
It is recommended that the City Council consider:
(1) Waiving the bidding requirements pursuant to Monterey Park Municipal Code §
3.20.050(4), and authorizing the City Manager to execute a contract with Carrier Corporation, in a form approved by the City Attorney, not to exceed the listed cost per Council’s selected Option A, B or C to purchase 26 New HVAC Units for the Bruggemeyer Library;
(2) Authorizing the Director of Public Works to approve change orders and contingency up to $10,000; and
(3) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the extension under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity contemplates purchasing equipment only. Subsequent installation and construction will be evaluated separately under CEQA.
Accordingly, this activity is exempt from further review.
3-I. FIRE STATION 63 UPGRADES AND REMODEL
It is recommended that the City Council consider:
(1) Adopting a Resolution to add Fire Station 63 upgrades and remodel to the Fiscal Year 2024-25 Capital Improvement Program;
(2) Appropriating $2 million in State funds for the proposed Capital Improvement Project; and (3) Taking such additional, related, action that may be desirable.
3-J. RUSSELL RESERVOIR 1A REHABILITATION PROJECT – AWARD OF PUBLIC WORKS CONTRACT TO CROSNO CONSTRUCTION INC.
It is recommended that the City Council consider:
(1) Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Crosno Construction Inc. in the contract amount of $ 2,168,516 for the Russell Reservoir 1A Rehabilitation Project;
(2) Authorizing the Public Works Director to approve change orders not to exceed $ 325,277 over the total contract amount;
(3) Authorizing the City Manager to execute a Professional Services Agreement, in a form approved by the City Attorney, with SA Associates in the contract amount of $120,000 for Project Support Services for Russell Reservoir 1A Rehabilitation Project; and (4) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work w ill occur entirely within an existing structure. Accordingly, no further environmental review is required.
Monterey Park City Council Agenda, September 18, 2024 - Page 5
[4.] PUBLIC HEARING
4-A. A PUBLIC HEARING TO CONSIDER APPROVAL OF THE CONSTRUCTION AND SUBDIVISION OF AIR RIGHTS FOR A 64 -UNIT CONDOMINIUM DEVELOPMENT (“PROJECT”) ON THE REAL PROPERTY LOCATED AT 338 – 410 SOUTH ALHAMBRA AVENUE, ALSO IDENTIFIED BY ASSESSOR’S PARCEL NUMBERS 5259 -004-036, 5259- 004-037, AND 5259-004-038
It is recommended that the City Council consider:
(1) Opening the public hearing and taking testimonial and documentary evidence; (2) Receiving documentary and testimonial evidence;
(3) Closing the public hearing;
(4) After considering the evidence received during the public hearing for the construction and subdivision of air rights for a 64-unit condominium development: (1) adopting a resolution to adopt a Mitigated Negative Declaration (“MND”) (State Clearing House Number 2024051026) and approving Tentative Map No. 84188 (“TM -23-05”), Desig n Review (“DRB-23-105”); and (2) introducing and waiving the first reading of an ordinance approving Development Agreement (“DA-23-03”) ; and
(5) Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the Project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). An initial study was prepared in accordance with the CEQA Guidelines § 15063 (“IS”) which shows that, if mitigated, the Project would not cause any significant environmental impacts. Accordingly, pursuant to CEQA § 21091, the City prepared a Mitigated Negative Declaration (“MND”) of environmental impacts for the Project. Based on the IS findings, and with proposed mitigation measures for air quality, biological resources, cultural resources, geology and soils, and noise, the Project would not result in significant environmental impacts.
The IS, MND and a notice of intent to adopt the MND was prepared, circulated, and made available for public review between Thursday, May 23, 2024, and Wednesday, June 12, 2024.
During this period, the City received 32 comments in support of the project and 35 comments protesting the project. While many of the comments received did not include CEQA related issues, those that did were evaluated and incorporated into the MND as appropriate. Accordingly, no further environmental review is required.
[5.] NEW BUSINESS – None.
[6.] CITY COMMUNICATIONS (CITY COUNCIL)
6-A. A RESOLUTION OF THE CITY COUNCIL OF MONTEREY PARK, CALIFORNIA, IN
SUPPORT OF MEASURE G FOR A MORE ACCOUNTABLE, TRANSPARENT, AND
REPRESENTATIVE LOS ANGELES COUNTY GOVERNMENT (REQUESTED BY MAYOR WONG)
It is recommended that the City Council consider:
(1) Adopting a Resolution of the City Council of Monterey Park, California, in support of Measure G for a more accountable, transparent, and representative Los Angeles County government; and
(2) Taking such additional, related, action that may be desirable.
Monterey Park City Council Agenda, September 18, 2024 - Page 6
6-B. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING OCTOBER 2024 AS DOMESTIC
VIOLENCE AWARENESS MONTH (REQUESTED BY COUNCIL MEMBERS SANCHEZ AND LO)
It is recommended that the City Council consider:
(1) Adopting a Resolution of the City Council of Monterey Park, California, declaring and recognizing October 2024 as Domestic Violence Awareness Month; and (2) Taking such additional, related, action that may be desirable.
6-C. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK, CALIFORNIA, DECLARING AND RECOGNIZING OCTOBER 3, 2024, AS LATINA EQUAL
PAY DAY (REQUESTED BY COUNCIL MEMBER SANCHEZ)
It is recommended that the City Council consider:
(1) Adopting a Resolution of the City Council of Monterey Park, California, declaring and recognizing October 3, 2024, as Latina Equal Pay Day; and (2) Taking such additional, related, action that may be desirable.
[7.] FUTURE AGENDA ITEMS
[8.] CLOSED SESSION (IF REQUIRED; CITY ATTORNEY TO ANNOUNCE)
ADJOURN
City Council Staff Report
DAT
E: September 18, 2024
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Amy Lee, City Treasurer
SUBJECT: Monthly Investment Report – August 2024
RECO
MMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing the monthly investment report; and
2. Taking such additional, related, action that may be desirable.
EXECU
TIVE SUMMARY:
As of August 31, 202 4, invested funds for the City of Monterey Park total $94,054,435.96.
BA
CKGROUND:
In accordance with the City’s Investment Policy, a monthly investment report is presented to the City Council showing the types of investments, dates and maturities, amounts of deposits, rates of interest, and the current market values for securities with maturity more than 12 months. The attached monthly investment report includes a summary investment report for the LA County Pooled Investment Fund, which displays the composition by type for the entire pooled investment fund.
Respectfully submitted by: Prepared by:
Amy Lee
City Treasurer
Martha Garcia
Finance Director
Approved by:
Inez Alvarez
City Manager
ATT
ACHMENT:
1. Monthly Investment Report
Consent Calendar - 3A
Staff Report
September 18, 2024
AT
TACHMENT 1
Monthly Investment Report
INVESTMENTS PORTFOLIO PROFILE:
TOTAL BALANCE AT 08/31/2024 94,054,435.96$
INVESTMENT COMPOSITION
(1) LA COUNTY POOLED INVESTMENT FUND ON DEMAND 4.110% 25,636,882.54$ (2) LOCAL AGENCY INVESTMENT FUND ON DEMAND 4.516% 35,266,553.18$ (3) CHANDLER ASSET MANAGEMENT 4.98% 25,306,000.24$
Purchase Maturity Interest
(4) CERTIFICATES OF DEPOSIT Date Date Rate
1 TOYOTA FINANCIAL SAVINGS BANK 09/16/21 09/16/24 0.65% 245,000 2 SYNCHRONY BANK 09/17/21 09/17/24 0.65% 245,000
3 UBS BANK USA 09/22/21 09/23/24 0.65% 245,000
4 STATE BANK OF INDIA 10/18/21 10/18/24 0.70% 245,000
5 MEDALLION BANK UTAH 01/28/22 01/28/25 1.25% 245,000
6 PENTAGON FEDERAL UNION 01/31/22 01/31/25 1.25% 245,000 7 BEAL BANK 02/02/22 01/29/25 1.15% 245,000
8 VALLIANCE BANK 03/18/22 03/18/25 1.40% 245,000
9 STATE BANK OF TEXAS 03/25/22 03/25/25 1.45% 245,000
10 FIRST FED SAVINGS & LOAN 03/30/22 03/31/25 2.00% 245,000 11 LAFAYETTE FEDERAL CREDIT UNION 03/30/22 03/31/25 2.20% 245,000 12 COMENITY CAPITAL BANK 04/14/22 04/14/25 2.55% 245,000 13 AMERICU CREDIT UNION 04/21/22 04/21/25 2.30% 245,000 14 BALBOA THRIFT & LOAN 04/29/22 04/29/25 2.00% 245,000 15 FIRST TECHNOLOGY CREDIT UNION 08/05/22 08/05/24 3.25% 245,000 16 AUSTIN TELCO FEDERAL CREDIT UNION 12/16/22 12/16/24 5.00% 245,000 17 GREENWOOD MUNICIPAL FED CREDIT UNIO 01/27/23 01/27/25 4.80% 245,000 18 RAIZ CREDIT UNION 01/27/23 01/27/25 4.75% 245,000
19 WORKERS 01/27/23 01/27/25 4.70% 245,000
20 MANUF & TRADERS TRUST CO 01/31/23 01/31/26 4.25% 245,000 21 ALPINE BANK 01/31/23 01/31/25 4.55% 245,000
22 TECHNOLOGY FCU 02/10/23 02/24/25 5.00% 245,000
23 RED CROWN FCU 02/14/23 02/21/25 4.85% 245,000
24 UFIRST FEDERAL CREDIT UNION 02/15/23 02/25/25 4.85% 245,000 25 SEA COMM FEDERAL CREDIT UNION 02/23/23 03/03/25 4.90% 245,000 26 GLOBAL CREDIT UNION 05/02/23 05/12/25 4.85% 245,000 27 WESTERN ALLIANCE BANK 05/02/23 05/05/25 4.85% 245,000 28 PREFERRED BANK 09/03/23 09/03/24 4.16% 100,000
29 PREFERRED BANK 09/08/23 09/08/24 4.16% 150,000
30 BANK OF AMERICA 07/24/24 07/24/25 4.85% 245,000
31 FLASTAR BANK NA 07/25/24 01/26/26 4.85% 245,000
32 CONNEX CU 08/06/24 08/06/25 4.95% 245,000
33 TRUSTONE FINANCIAL FCU 08/15/24 08/15/25 4.45% 245,000 Total CDs (32) 3.607% 7,845,000.00$
OTHER INFORMATION:
BANK BALANCE: (1)
$6,081,569.97
AVERAGE MATURITY DAYS 58
AVERAGE INTEREST RATE FOR THE MONTH 5.848%
THE CITY'S INVESTMENT HAS SUFFICIENT LIQUIDITY TO MEET THE CITY'S EXPENDITURE REQUIREMENTS FOR THE NEXT 180 DAYS. THE 180-DAY LIQUIDITY DISCLOSURE IS REQUIRED PER GOVERNMENT CODE 53646.
THERE HAVE BEEN NO VARIANCES TO THE INVESTMENT POLICY.
(1) Bank balance is maintained to cover outstanding warrants, payroll checks and on-going operating costs.
CITY OF MONTEREY PARK
INVESTMENT REPORT
AUGUST 31, 2024
PORTFOLIO SUMMARY
City of t\lonterey Park j Account #1"1,189 | As i:f August 31,2A24 Portfotio Characteristics Account Summary
Market Value
Accrued lnterest
Total Market Value
lncome Earned
cont/WD
Par
Book Value
Cost Value
Maturity Distribution
20 47.9
7.606
o%
25,41-2,968.39 25,63r,726.59
207,586.72 276,057.96
25,520,555.12 25,847,744.55
r23,755.64 79,O25.76
0.00 0.00
25,491.,O7r.74 25,562,850.05
z5,zt!,207.75 25,306,000.24
25,14r,220.89 25,220,723"51-
30-996
23.aoa
t9.aPtit
Top lssuers
United States
FHLMC
Federal Home Loan Banks
Farm Credit System
PACCAR lnc
Bank of America Credit Card Trust
lohn Deere Owner Trust
HVundai Auto Receivables Trust
Credit Qual"ity
+See Footnote
CHANDLER
ASSET MANAGEMENT
38.67%
7.93%
7.r4%
7.r2%
2.26%
tA9%
r-48%
1.38%
qn
Average Modified Duration
Average Coupon
Average Purchase YTM
Average Market YTM
Average Quality
Average Final Maturity
Average Life
Sector A[[ocation
US Treasury
Corporate
Agency
ABS
Agency CMBS
comm Paper
Money Mkt Fd
CASH
Performance Review
-38.67%
-25.4794
-
t4"26%
I ro.49%
J 7.s3%
I z.o2%
i 1.os%
o.ttvo
1..79
3.89%
4.98%
4.38%
AA
2.L8
1.86 d
..t Av{A 15.9%
NR 5.4%
I alsa.sx I az+.zx
End Values as ofBeg. Values as of
08lot"l2024
Since lnception
(o3/t2/2411YRTotal Rate of Return lOYRS5YRS3YRS2YRSYTD3M1M Citv of Monterev Park 0.89% 2.66%
Benchmark Return* 0.90% 2.63%
*Periods over 1 year are annualized.
Benchmark: ICE BofA 1-3 vear US Treasury & Agency lndex Secondary Benchmark:
The credit quality is a weighted average calculation of the highest of s&B Moody's' and Fitch cof.lFrDFf!TIAL I 2
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Maychelle Yee, City Clerk
SUBJECT: Consideration and possible action to adopt the 2024 Conflict of Interest Code for the City of Monterey Park in accordance with the Political Reform Act
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting the resolution amending the City's Conflict of Interest Code; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
Pursuant to the Political Reform Act, Government Code § 81000, et seq., every local agency is required to review its Conflict of Interest Code disclosure biennially to determine if the Code is accurate or in need of amendment. City staff has reviewed its previous determinations relating to disclosure levels and determined that Resolution No. 2022-R77 should be amended to include revisions consistent with existing positions in the City.
BACKGROUND:
On June 5, 2024, the City Council directed the City Clerk to review the City’s Conflict of Interest Code in accordance with Government Code § 87306.5. A review of the City’s 2022 Conflict of Interest Code shows that changes are desirable as set forth below and in the accompanying draft resolution.
In developing a disclosure list for the conflict of interest code, a designated employee or commissioner is an officer, employee, member or consultant of an agency whose position is designated in the code because the position entails the making or particip ation in the making of governmental decisions, which may foreseeably have a material effect on any financial interest (Government Code § 82019).
Making a governmental decision, means the person: (1) votes on a matter; (2) appoints a person; (3) obligates or commits his or her agency to any course of action; or (4) enters into any contractual agreement on behalf of his or her agency.
Participating in the making of a decision, means the person: (1) negotiates, without significant substantive review, with a governmental entity or private person regarding the decision; or (2) advises or makes recommendations to the decision-maker by conducting Consent Calendar - 3B
Staff Report
September 18, 2024
research or an investigation, preparing or presenting a report, analysis or opinion which requires the exercise of judgment on the part of the employee and the employee is attempting to influence the decision.
It should be stressed that this action does not relieve any public official, employee, or designated consultant following any and all state statutes governing conflict of interest or regulations promulgated by the Fair Political Practices Commission. This action is only an attempt by the City to appropriately notify the public of potential areas where a conflict may foreseeably arise in the course of these individuals carrying out their normal duties through public disclosure.
The following amendments are recommended:
• Adding new positions:
o Media Supervisor
o Senior Code Compliance Officer
o Assistant Water Utility Manager
• Removing positions:
o Members of the Personnel Board
o Apprentice Fire Inspector
o Support Services Manager
o Support Services Supervisor
• Revising titles of existing positions:
o Economic Development Manager/Economic Development Project Manager to Economic Development Manager
o Division Chief to Battalion Chief
o Fire Inspector to Fire Safety Specialist
o Code Enforcement Officer to Code Compliance Officer
o Management Services Department to Finance Department
o Director of Management Services to Director of Finance o Financial Services Manager to Finance Manager
o Director of Public Works/City Engineer to Director of Public Works o Assistant City Engineer to City Engineer
• Moving positions to accurately reflect the organizational chart as adopted in the 2024-25 City Budget :
o Deputy City Clerk from the Office of the City Clerk to the Office of the City Manager
o Economic Development Manager and Economic Development Specialist from the Office of the City Manager to Community Development Department
Staff Report
September 18, 2024
FISCAL IMPACT:
Administrative costs associated
with staff review and recommendations to the City
Council.
Respectfully submitted by: Prepared by:
Maychelle Yee
City Clerk
Cindy H. Trang
Deputy City Clerk
Reviewed by: Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
Attachments:
1. Draft Resolution
Staff Report
September 18, 2024
ATTACHMENT 1
Draft Resolution
RESOLUTION NO.
A RESOLUTION ADOPTING THE 2024 CONFLICT OF INTEREST CODE
FOR THE CITY OF MONTEREY PARK IN ACCORD ANCE WITH THE
POLITICAL REFORM ACT.
The City Council of the City of Monterey Park (“City”) does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. The Political Reform Act (Government Code §§ 81000, et seq.; the “PRA”) and regulations adopted pursuant to the PRA (2 Cal. Code of Regs. §§ 18700, et seq.; “FPPC Regs.”) require local government to adopt conflict of interest codes (“COI”).
B. The Fair Political Practices Commission promulgated FPPC Regs. § 18730, which contains the terms of a standard conflict of interest code that can be incorporated by reference as the City’s COI.
C. The City Council directed the City Clerk’s office to review the COI on June 5, 2024 pursuant to the PRA (Government Code § 87306.5).
D. The City Clerk finished that review and made recommendations which the City Council incorporated into this Resolution.
E. To fulfill its obligations under the P RA and FPPC Regs., the City Council adopts this 2024 Monterey Park COI as set forth in this Resolution.
SECTION 2: 2024 Monterey Park COI – Generally. FPPC Regs. § 18730 is adopted by reference as the City of Monterey Park’s 2024 COI. Except as modified in this Resolution, all requirements of FPPC Regs. § 18730 apply as if fully set forth in this Resolution.
SECTION 3: Monterey Park 2024 COI - Changes. The 2024 Monterey Park COI includes the following changes:
A. The term “investment” applies to financial interests in non -profit organizations as well as business entities;
B. The term “Appendix” refers to Section 4 of this Resolution.
SECTION 4: Designated Officials, Employees and Consultants. For purposes of FPPC Regs. § 18730, designated employees and consultants are set forth below:
A. Designated Officials and Employees:
Resolution No.
The positions listed below are designated positions. Officers and employees holding those positions are designated employees and are deemed to make or participate in making decisions which may foreseeably have a material effect on a financial interest.
Disclosure includes specific types of investments, business positions, interests in real property, and sources of income which may foreseeably be materially affected by any decision made or participated in by the designated employee. Such disclosures must be made at the times and circumstances described by the City’s Conflict of Interest Code.
Designated employees must disclose all interests as required by the Political Reform Act and regulations promulgated thereto. When a new position classification is created by the Administrative Services Department for City Council approval, the Administrative Services Department City Manager’s Office will recommend that the City Council decide whether the new position will be required to file a Statement of Economic Interest and be included as a designated position in the Conflict of Interest Code.
When the City Council establishes a Commission, Committee, or Board, the City Council will decide whether the members of the Commission, Committee or Boards be included as a designated position in the Conflict of Interest Code and the members of the Commission, Committee or Board so designated by the City Council, will be required to file a Statement of Economic Interest.
COUNCIL, COMMISSIONS, COMMITTEES & BOARDS:
* Members of the City Council
* Members of the Planning Commission
Members of the Business Improvement District Advisory Committee Members of the Board of Library Trustees
Members of the Successor Agency to the Former Monterey Park Redevelopment Agency
Members of the Personnel Board
OFFICE OF THE CITY MANAGER:
* City Manager
Assistant City Manager
Deputy City Clerk
Media Supervisor
Economic Development Manager/Economic Development Project Manager
Economic Development Specialist
OFFICE OF THE CITY ATTORNEY:
* City Attorney
Assistant City Attorney
Deputy City Attorney
Resolution No.
OFFICE OF THE CITY CLERK:
City Clerk
Deputy City Clerk
OFFICE OF THE CITY TREASURER:
* City Treasurer
COMMUNITY DEVELOPMENT DEPARTMENT:
Director of Community Development Department
Planning Manager
Economic Development Manager /Economic Development Project Manager
Economic Development Specialist
Senior Planner
Assistant Planner
Building Official
Building Inspector
Plan Checker
FIRE DEPARTMENT:
Fire Chief
Apprentice Fire Inspector
Division Battalion Chief
Division Chief
Captain
Fire Marshal
Fire InspectorFire Safety Specialist
Senior Code Compliance Officer
Code Enforcement Compliance Officer
HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT:
Director of Human Resources and Risk Management
Human Resources and Risk Management Manager
Senior Management Analyst
Principal Human Resources Analyst
Human Resource Analyst
LIBRARY:
City Librarian
Senior Librarian
Resolution No.
Literacy Coordinator
MANAGEMENT SERVICES FINANCE DEPARTMENT:
Director of Finance Management Services
Financial Finance Manager
Information Technology Manager
Support Services Manager
Support Services Supervisor
Information Systems Specialist
Senior Accountant
POLICE DEPARTMENT:
Police Chief
Police Captain
Police Lieutenant
Range Master
Technical Services Manager
Community Engagement Bureau Sergeant
Neighborhood Engagement Team Sergeant
Traffic Bureau Sergeant
PUBLIC WORKS DEPARTMENT:
Director of Public Works/City Engineer
Assistant City Engineer
Administrative Manager
Public Works Manager
Water Utility Manager
Assistant Water Utility Manager
Civil Engineering Associate
Civil Engineer Assistant
Civil Engineer Technician
RECREATION & COMMUNITY SERVICES DEPARTMENT
Director of Recreation and Community Services
Recreation Manager
Recreation Supervisor
* Listed in the code for information purposes only. These positions file under Government Code Section 87200 with the Fair Political Practices Commission.
Resolution No.
B. Consultants:
The City Manager may determine in writing that a particular consultant is hired to perform a range of duties that requires the consultant to fully comply with the disclosure requirements described in this section. Such written determination must include a description of the consultant's duties and, based upon that description, a statement of the extent of disclosure requirements. The City Manager determination is a public record and must be retained for public inspection in the same manner and location as t his conflict of interest code.”
SECTION 5: Statement of Economic Interests: Place of Filing.
Designated employees must file Statements of Economic Interests with the City of Monterey Park, on forms created by the Fair Political Practices Commission, in conformance with the individual disclosure categories and state guidelines, when requested by the City Clerk. The City Clerk will retain custody of the Statements and make them available for public inspection and reproduction. Designated employees listed in the Code with an asterisk (*) must either file their Statements directly with the Fair Political Practices Commission in conformance with state guidelines, or file one original copy of their Statement of Economic Interest with the City Clerk, who must make and retain a copy and forward the origin al to the California Fair Political Practices Commission. All other designated employees must file one original copy of their Statement of Economic Interest with the City Clerk.
SECTION 6: Disclosure and Disqualification:
A. Interest and Positions in Non-Profit Organizations. Whenever a disclosure category requires disclosure of specific financial interests or positions in business entitles, disclosure of equivalent financial interests or positions in non-profit organizations is required. Disqualification must be required as to a disclosed interest or position in a non -profit organization whenever disqualification would have been required as a result of an equivalent financial interest or position in a business entity.
B. Proximity of Officials – Financial Interest Presumed. It is the responsibility of the City Clerk, or designee, to prepare and maintain conflict maps for each elected and appointed public official serving on the City Council, boards, commissions, or committees. Such conflict maps must graphically depict radii lines measuring (1) 500 feet from an official’s interests in real property; and (2) 1,000 feet from an official’s interests in real property. Such radial lines must be measured from the parcel lines in accordance with FPPC Regs. Before each meeting, the City Clerk’s
Resolution No.
designee must inform public officials regarding potential conflicts based upon real property interests based upon such conflict maps.
SECTION 7: Travel Payments, Advances and Reimbursements. If a payment, including an advance or reimbursement, for travel is required to be reported pursuant to Government Code § 87207, it may be reported on a separate travel reimbursement schedule which shall be included in the filer’s statement of economic interests. A filer who chooses not to use the travel schedule shall disclose payments for travel as a gift, unless it is clear from all surrounding circumstances that the services provided were equal to or greater in value than the payments for the travel, in which case the travel may be reported as income.
SECTION 8: Resolution No. 2022-R77 (adopted October 5, 2022) and any other resolution or policy purporting to establish a conflict of interest code, are superseded by this Resolution.
SECTION 9: Repeal of any provision of any resolution or policy herein will not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Resolution’s effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Resolution.
SECTION 10: A late fine of $10 per day up to a maximum of $100 will be assessed, commencing on the day after the form is due to the City Clerk’s office. In addition, if a matter is referred to the FPPC’s Enforcement Division for failure to file or failure to include all required economic interests, the fine may be substantially higher. If an individual does not pay a fine, the matter may be referred to the Finance Tax Board for collection.
SECTION 11: This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 12: The City Clerk will certify to the passage and adoption of this Resolution and enter it into the book of original resolutions.
SECTION 13: This Resolution will become effective immediately upon adoption.
Resolution No.
PASSED AND ADOPTED this 18
th day of September, 2024.
________________________________
Thomas Wong, Mayor
ATTEST:
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Diana Garcia, Assistant City Manager
SUBJECT: Approval of an Amendment to the Agreement with CivicPlus LLC for a new Agenda and Meeting Management System
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute an amendment to Agreement No. 1775- A with CivicPLus, LLC, in a form approved by the City Attorney, to provide an Agenda and Meeting Management Software for an amount not to exceed $60,000 for the term ending July 31, 2028;
2. Authorizing the Finance Director to appropriate $12,908.60 from the Administration - General Fund to the FY2024-25 Budget.
3. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
CivicPlus, LLC currently manages the city’s website. Staff recommends an amendment to Agreement No. 1775-A to add an Agenda and Meeting Management Software to assist staff with the drafting, routing, and creation of agenda packets for both City Council and Commission/Board meetings. The proposed system will also provide enhanced features such as a voting system and assistance with the preparation of meeting minutes.
BACKGROUND:
City staff had reviewed the product demonstrations of the agenda management systems from its current document depository/public document portal provid er, GRM Document Management and its current website provider, CivicPlus, LLC. In evaluating the two solutions, staff considered the needs of the city which included customized staff report and agenda templates, methods for convenient agenda modifications, efficient management of agenda packets, and a well-organized automated routing and approval process.
After evaluation of the two products, GRM’s software did not meet all the criteria and had a higher initial start-up cost. CivicPlus’s software meets the needs of the city while also providing a component for a Live Meeting Manage r; a feature which migrate agenda contents, records official actions and discussions into a meeting minutes template. The Consent Calendar - 3C
Staff Report
September 18, 2024
software will assist with timely submission of meetings minutes. Staff anticipates the implementation process will take roughly 6-8 months.
Staff realizes the important role residents and public have in civic engagement and focused on a system that provides easy access to agenda packets and legislative decisions to ensure that the community is engaged and informed when determining the best suited software.
2024-25 STRATEGIC PLAN GOAL:
The proposed amendment meets the City’s goal to enhance public communication and civic engagement to reach all members of our community.
FISCAL IMPACT:
The proposed Amendment has an initial cost of $12,908.60 and a reoccurring annual cost of $8,406, with an annual 5% increase. The City Clerk’s office is requesting a budget appropriation in FY2024 -25 of $12,908.60 for the initial cost in Account No. 105-1301- 5301. The annual reoccurring cost will be budgeted each fiscal year of service.
Respectfully submitted by: Reviewed by:
Diana Garcia
Assistant City Manager
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT(S):
1. CivicPlus, LLC proposal
Staff Report
September 18, 2024
ATTACHMENT 1
CIVICPLUS, LLC Proposal
CivicPlus
302 South 4th St. Suite 500
Manhattan, KS 66502
US
Statement of Work
Quote #: Q-62469-1
Date: 1/30/2024 10:35 AM
Expires On: 7/31/2024
Client:
City of Monterey Park, CA
Bill To:
Monterey Park CA - CivicClerk
SALESPERSON Phone EMAIL DELIVERY METHOD PAYMENT METHOD
Bryan Mertz [email protected] Net 30
Discount(s)
QTY PRODUCT NAME DESCRIPTION DISCOUNT % TOTAL
1.00 CivicClerk Year 1 Annual Fee
Discount
Year 1 Annual Fee Discount 0 USD -1,962.40
One-time(s)
QTY PRODUCT NAME DESCRIPTION DISCOUNT % TOTAL
1.00 CivicClerk Premium
Configuration
CivicClerk Premium Configuration 0 USD 2,220.00
1.00 CivicClerk Custom Template
Design
CivicClerk Custom Template Set -
includes 2 Agenda templates, 1 Item
Report template, 1 Minutes template, 1
Agenda Script template
0 USD 420.00
2.00 CivicClerk Consulting (1h,
virtual)
1 hour Virtual Consulting 0 USD 480.00
1.00 CivicClerk Virtual Training (Half
Day Block)
Training (Virtual) - half day, up to 4
hours
0 USD 720.00
1.00 CivicClerk Historical File Import
(up to 7,500 files – PDF / MP3 /
MP4)
CivicClerk Historical File Import (up to
7,500 files – PDF / MP3 / MP4)
0 USD 2,625.00
V. PD 06.01.2015-0048
Recurring Service(s)
QTY PRODUCT NAME DESCRIPTION DISCOUNT % TOTAL
1.00 Agenda and Meeting
Management Select Annual Fee
Agenda and Meeting Management
Select Annual Fee
24.925 USD 6,006.00
1.00 Live Meeting Manager Annual
Fee
Agenda and Meeting Management
Select: Live Meeting Manager Annual
Fee - Live Meeting, Electronic Voting,
Display Pages
0.000 USD 2,400.00
QTY PRODUCT NAME DESCRIPTION DISCOUNT % TOTAL
1.00 Agenda and Meeting
Management Select: Premium
Implementation Package
Premium Implementation Package – Up
to # of Boards
0 USD 0.00
List Price - Initial Term Total USD 16,865.00
Total Investment - Initial Term USD 12,908.60
Annual Recurring Services (Subject to Uplift) USD 8,406.00 Initial Term 12 Months
Initial Term Invoice Schedule 100% Invoiced upon Signature Date Renewal Procedure Automatic 1 year renewal term, unless 60 days notice provided prior to renewal date
Annual Uplift 5% to be applied in year 2
This Statement of Work ("SOW") shall be subject to the terms and conditions of the CivicPlus Master Services Agreement and the applicable Solution and Services terms and conditions located at https://www.civicplus.help/hc/en-us/p/legal- stuff (collectively, the "Binding Terms"), By signing this SOW, Client expressly agrees to the terms and conditions of the Binding Terms throughout the term of this SOW.
V. PD 06.01.2015-0048
Acceptance
The undersigned has read and agrees to the following Binding Terms, which are incorporated into this SOW, and have caused this SOW to be executed as of the date signed by the Customer which will be the Effective Date:
For CivicPlus Billing Information, please visit https://www.civicplus.com/verify/ Authorized Client Signature CivicPlus
By (please sign):
___________________________________
By (please sign):
___________________________________
Printed Name:
___________________________________
Printed Name:
___________________________________
Title:
___________________________________
Title:
___________________________________
Date:
___________________________________
Date:
___________________________________
Organization Legal Name:
___________________________________
Billing Contact:
___________________________________
Title:
___________________________________
Billing Phone Number:
___________________________________
Billing Email:
___________________________________
Billing Address:
___________________________________
___________________________________
Mailing Address: (If different from above)
___________________________________
___________________________________
PO Number: (Info needed on Invoice (PO or Job#) if required) ___________________________________
V. PD 06.01.2015-0048
Page
3 of 3
From: Bryan Mertz <[email protected]>
Sent: Thursday, June 27, 2024 10:34 AM
To: Cho, Helena <[email protected]>
Cc: Trang, Cindy <[email protected]>
Subject: RE: Monterey Park - CivicPlus Agenda and Meeting Management [EXTERNAL EMAIL]
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Hi Helena – Here’s some additional info.
Premium Implementation:
Our Premium Implementation Package is the perfect fit for automating manual or inefficient agenda and meeting processes. It is designed for organizations with less than 50 internal users and a desire for a guided implementation experience.
Project Timeline
Twenty to Twenty-Four Weeks
PHASE 1: INITIATE
· Project Kickoff
PHASE 2: ANALYZE
· Template Review
· Approvals
PHASE 3: OPTIMIZE
· Consulting
· Premium configuration
· Configuration adjustments based on feedback
PHASE 4: EDUCATE
· Live virtual training
PHASE 5: LAUNCH
· System launch
Statement of Work
· Consulting
· Up to 2 hours of virtual consulting
· Design
· Up to 5 custom templates
· 2 custom Agenda Templates (encourage templates): Main Agenda and Secondary Agenda
· 1 custom Item Report (varied by customer)
· Configuration
· Up to 10 Meeting Types (watch for variance)
· First Look Meeting
· Template Feedback - confirm templates, login (30–60 minutes) · Training
· Up to 4 hours of virtual training
· Admin Training (90 minutes)
· User Training (60-90 minutes; pending item report)
· Minutes Training (60 minutes)
· Additional Training (per scope and consulting)
Custom Template Design – We will work with the city to create custom templates for your agendas.
Consulting – provide general best practices to leverage the solution efficiently.
Training – provide training on the solution.
File Import – import up to 7500 historical files into the solution.
Live Meeting Manager – an addon module that provides a web portal and electronic voting capabilities.
Select is just the name of the software!
Let me know if there’s anything else I can help with.
Thanks,
Bryan
Agenda and Meeting
Management
Software for Local
Government
2 Legislative automation
without sacrificing control.
Designed for clerks inspired
by a sense of community
and driven to serve.
2
3 12,500
Customers
CivicPlus® was founded over 20 years
ago to help local governments acheive
more with less.
100,000+
Administrative Users
340+ Million
Resident Users in the
U.S. and Canada alone
4 Agenda and Meeting Management
Software for Local Government
CivicPlus’ Agenda and Meeting Management Select software is the ultimate solution for streamlining your agenda and meetings processes — from creating agenda items to managing live meetings to completing post-meeting tasks — all in one connected, easy-to-use platform. Exchange manual processes or clunky software for integrated, time-saving automations while still having the flexibility to balance manual controls and overrides. With easy internal collaboration using customized workflows, version tracking, and built- in communication tools, you’ll continuously operate at maximum efficiency.
Our experts, who include former clerks, have designed our Select Agenda and Meeting system to offer unparalleled configuration flexibility, allowing your system to scale from the simplest to the most complex agenda process.
With built-in integrations and a suite of APIs, working with other internal applications has never been easier. Our user-defined roadmap ensures that your software will continue to grow and adapt, keeping up with transparency requirements and compliance expectations.
Unmatched
Service
We offer live, 24/7 support
tailored specifically to your
organization, via in-app
messaging or phone.
5 Why Agenda and Meeting
Management Select?
At CivicPlus, we understand that one size does not fit all. Our implementation consultants work with your team to tailor and optimize your solution for the unique needs of your administration — no matter the size. And as your organization grows and changes, administrators have full access to make configuration changes or add on optional modules as needed, ensuring your solution is always up to date.
Our intuitive software doesn’t take
weeks to learn. Plus, training is
catered to your current processes
and will get your staff comfortable
working in the system quickly. With
a typical user staff, training session
taking less than an hour; your team
will learn to navigate the system
easily. With in-application support
tools, a complete online help center,
phone, and 24/7 live chat support
all available within minutes from our
dedicated award-winning technical
support team, you’ll always have the
resources you need to optimize your
use of our time-saving software.
6 Automate Agenda
Collaboration and Distribution
Flexible, Customized Templates
Your Agenda and Meeting
Management Select templates
are designed and configured to
reflect your community. Customized
templates provide consistency and
clarity to agendas, packets, staff
reports, legislation, and minutes.
Convenient, Anytime Agenda
Modifications
Changes to the agenda can be made
at any time by administrators without
affecting global configurations or
settings. Drag and drop reordering
allows you to move items and
automatically renumbers everything
on the agenda. One-touch copy
and move functions allow you to
duplicate or move agenda items
from meeting to meeting, eliminating
the need for duplicate data entry.
Efficiently Manage Agenda
Packets of Any Size
The software compiles your items,
legislation, memorandums, and
supporting documentation into a
bookmarked PDF packet quickly
and easily, no matter the size of
the packet. Create multiple packet
versions instantly to include or
exclude specific attachments
for your internal and external
users. Last-minute agenda or
packet changes can be made and
published with minimal effort.
Administrators choose what they
publish to the public, internal
users, and elected or appointed
officials. Enable automated email
notifications so all users know
when the meeting documents
are published.
7 Item-First Agenda Creation
Our innovative item-first agenda creation
option lets staff add items directly to the
agenda. You can easily and quickly create
and submit agenda items for each meeting
without character limits on agenda content.
You can upload attachments and send
them through workflow with a few clicks.
Configurable field types and our embedded
text editor ensure that you capture all the
information needed to generate staff reports,
legislation, minutes, and other documents.
Automated PDF file conversion and built-
in integrations with Microsoft’s OneDrive
and Google Drive simplify the inclusion of
supporting documentation and attachments.
Automate Your Approvals Process
The workflow engine in Agenda and
Meeting Management Select streamlines
the routing of your agenda items, automates
notifications, and gives full transparency
to collaborators as it passes through the
approval process. As changes are made to
an item, revisions and changes are tracked
and visible within the item fields and on the
item timeline. In-app messaging and task
assignments keep everyone in the loop and
agenda prep moving forward.
8 Agenda and Meeting Management Select’s fully integrated Live Meeting Manager will automatically migrate all your agenda content. No manual pre- meeting minutes setup or agenda import is required. Move from the meeting agenda to the Live Meeting Manager module with a single click.
Meetings move fast. Live Meeting Manager’s cloud-based platform allows you to move quickly through your agenda items, recording official actions and discussions, without having to wait for the system to catch up. The clean, intuitive interface gives single screen access to all your meeting controls.
One-click control allows you to update your in-chamber display screens, set your video bookmarks (additional fees apply), and queue items in the Board Portal for your elected and appointed officials.
Live Meeting Manager:
Run the Meeting. Don’t Let
the Meeting Run You.
Automated Minutes Setup
Keep Up Wth the Meeting Action
Speakers can be added to the
discussion at any time during
the live meeting, while the built-
in speaker timer helps keep
meetings running efficiently.
Automatically timestamp agenda
items to their corresponding
discussion in the meeting video, so
those watching the recording can
quickly access topics of interest.
Keep meeting participants
informed and engaged by
displaying the current item,
speaker, or vote results
automatically to the constituents
attending the meeting.
Quickly record comments, and
discussion, roll call, motions,
votes, and speakers.
Speaker Manager
Automatic Video
Bookmarking
Display Pages
Document Critical
Moments of Engagement
Minute-takers can record motions and votes instantly in Live Meeting Manager or initiate electronic voting when desired. Motions and votes can be applied to individual agenda items or multiple agenda items as a group.
Flexible Voting
9
10 Your officials can choose how to access meeting content — helping them work better and faster. Efficiently deliver packets of any size by paper, email, Dropbox, OneDrive, Google Drive, or post to the Board Portal. Agenda and Meeting Management Select solution is optimized for all devices including desktops, laptops, tablets, and smartphones. No separate application required.
Give officials a personal, secure location to review and take notes on all meeting content including agendas, supporting documents, minutes, and media.
Enable Elected and Appointed
Officials to Stay Informed and
Organized With Board Portal
Flexible Access
A Personal Meeting Repository
11 During live meetings, the Board Portal integrates with Live Meeting Manager to allow officials to refer to their review notes and annotations, capture notes within a dedicated field, receive visual cues as the agenda progresses from item-to-item, see speaker information instantly, and enter electronic votes (additional fees apply for electronic voting). Chair View can also be enabled, allowing the meeting presider to call speakers and advance agenda items.
Agenda and Meeting Management Select automatically indexes published meeting content with Board Portal search functionality, so it is easy for officials to find information quickly. Our full-text search tool empowers officials to locate past items, attachments, minutes, and agendas by searching a keyword, date range, and more. An item summary view allows officials to see the motions, votes, and any comment or discussion on the item that was recorded in the meeting minutes in an intuitive display, preventing a manual search through full minutes documents.
Interactive Meeting Tool
Find What You Need – Faster
12 The Analytics module makes
nearly every data field in the
system filterable. Build, save, and
export custom and ad hoc reports
to ensure you can access the
insights you need to inform your
decision-making and make a
difference in your community.
Ad Hoc Reporting
13 It’s not enough to be transparent by
publishing your agendas and other
meeting documents online. Your
meeting content must be accessible
to all members of the public. Agenda
and Meeting Management Select
has a dedicated accessibility portal
that gives members of the public
full access to your meeting content.
Closed captioning is also available with
our CivcPlus Media service for live
streaming and on-demand video.
Build public trust with access to
fully searchable meeting content
including legislative decisions
and public meeting videos.
Meet municipal transparency
requirements while keeping
residents engaged and
informed.
Meet Transparency
Requirements and Ensure
Access to Essential Information
With Public Resident Portal
Content Accessibility Content Transparency
14 • Embed the portal on any webpage
to give residents access to all
meeting content on a single page
• PDF downloads of agendas,
packets, minutes, notices,
and other pertinent meeting
documents
• An HTML agenda view with
hyperlinks attachments within the
meeting agenda for direct access
to specific documents
• Side-by-side agenda and video
display options with optional
CivicPlus Media live and on-
demand video service (additional
fees apply)
• Optional Motion and Vote minutes
display updates to the HTML
agenda view, allowing residents
to quickly see the final disposition
of agenda items without having to
read full minutes documents
Our Public Resident Portal Offers the
Following Convenient Features:
• Integrated live or on-demand
videos with bookmarks to jump to
desired content quickly (additional
fees apply)
• Navigation to quickly jump to past,
current, and upcoming events
with an embedded calendar and
continuous scrolls
• Full-text search and filtering
options
• Email notification capabilities
• Social sharing
• A mobile-responsive interface
• Custom branding capabilities
• Optional public commenting
forum
15 Part of CivicPlus’ Modern Civic
Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department and service, our Civic Experience Platform includes technology innovations that create frictionless, one-stop, personalized resident interactions.
As a core element in our Platform, our CivicPlus Portal empowers residents to be more engaged and informed about progress in their community. CivicPlus Portal streamlines the resident experience as people interact with your suite of CivicPlus government software solutions, helping to drive revenue and build resident trust and satisfaction.
With a single username and password, residents can watch a public meeting recording, submit a FOIA request, pay a utility bill, utilize the online Code of Ordinances tool, or register for an upcoming event from a single interface.
The result is more engaged and informed voters and fewer phone calls, walk- ins, or emails to your department asking how to find documents or submit records requests.
16 • Single Sign-On (SSO) to all of your CivicPlus solutions supported by two- factor authentication and PCI-level password compatibility • A single dashboard and toolbar for administrative access to your CivicPlus software stack
• Access to a continually growing and fully documented set of APIs to better connect your administration’s processes and applications • A centralized data store with robust data automation and integration capabilities Integration
Integration Hub is a tool that can help
you unify your disparate cloud-based
solutions and your CivicPlus solutions,
assemble powerful workflows, and
set up complex automations without
needing a developer. With Integration
Hub’s easy-to-use drag-and-drop
interface, non-technical users can build
integrations for syncing content and
data between CivicPlus solutions or
with third parties (for an additional fee),
saving your staff valuable time.
Local governments that leverage our Civic
Experience Platform also benefit from the following:
Integration Hub
17 Integrated Code of
Ordinances and Web
As the only local government software provider with an integrated Codification, Agenda and Meeting Management, and Municipal Website offering, our solution suite empowers the digital transformation of the entire legislative process — from the start of the agenda process to the final online publishing of the newly adopted legislation.
If you are a customer of Municode Codification by CivicPlus services, our cutting-edge integration between your Agenda and Meeting Management and Online Code Hosting tools reduces the manual steps that can delay your communication processes, while bringing unparalleled access and transparency to your community.
As an example, you can send ordinances directly to CivicPlus for codification.
When pushed from your Agenda and Meeting Management Select system, the uncodified legislation will be visible on the landing page of our your Code of Ordinances nearly instantaneously. Once codified, the code is permanently linked to the corresponding meeting materials you produced. Furthermore, you can integrate your CivicPlus website with your Online Code Hosting system, allowing for one-stop search capabilities. With this integration, the public can instantly access your code, meetings, packets, and agendas in one search straight from your website.
18 The following are examples of integrations between CivicPlus Agenda and Meeting Management Select, and our other powerful solutions. If you have yet to experience all that CivicPlus can provide, contact us for additional information and custom pricing.
Integrate Your CivicPlus Tech Stack to 10-X Your
Legislative Management Capabilities
19 CivicPlus Municipal Websites
• Set up a workflow to post via the News Flash module once you’ve published your meeting documents
• Automatically add agenda or minute files to the Document Center to be displayed on your website after you publish them in your Select Agenda and Meeting Management system
• Automatically integrate your meeting information and dates into the Calendar module
• Automatically include Agenda and Meeting Management files and your Code of Ordinances in your website’s search results Municode Codification
• Send adopted ordinances to the CivicPlus Legal Codification team in one click
• Send ordinances straight to your Online Code Hosting portal as “Adopted and Not Yet Codified”
• Instantly link your online code to the meeting content produced within your Agenda and Meeting Management software
CivicPlus Media
• Share high-definition, on-demand video or live video feeds of your meetings directly from your Agenda and Meeting Management software via CivicPlus Media with clear bookmarking and navigation Integration Hub
• Integrate your Agenda and Meeting Management software with such popular third-party tools as Zoom, Webex, GoToMeeting, Laserfische, Google Drive, and Dropbox; additional integrations available via APIs
20 Additional Integrated Modules
Increase resident engagement and participation by sharing high-definition live video feeds of your meetings directly from Agenda and Meeting Management Select and CivicPlus Media. Stream live proceedings and seamlessly integrate all video content directly into your meeting agendas.
Videos feature clear bookmarking and navigation so viewers can quickly find discussions of interest. Videos can be viewed from any device with no software or application downloads necessary. Integrated closed captioning services are available. Additional fees apply.
The Agenda and Meeting
Management Select Boards
and Committees Module tracks
vacancies, applications, and
appointments. Interactive
dashboards give you access to
your Boards and Committees
information. Manage rosters and
generate communications using
customized templates. Store
system-generated communications
and other important documentation
at the board or individual member
level. Track training and other
internal requirements. Additional
fees apply.
CivicPlus Media: Live Streaming and On-Demand Video
Boards and Committees
21 CivicPlus has been honored with multiple Stevie® Awards in the categories of Front-Line Customer Service Team of the Year – Technology Industries, Customer Service Training or Coaching Program of the Year – Technology Industries, Customer Service Department of the Year – Computer Software – Up to 1000 Employees, and Most Valuable Response by a Customer Service Team (COVID-19). The Stevie Awards are the world’s top honors for customer service, contact center, business development, and sales professionals.
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides, and FAQs and get tips on best practices.
Our Help Center is continually monitored and updated by our dedicated knowledge management team to ensure we provide the information and resources needed to optimize your solution. In addition, the Help Center provides our release notes to keep your staff informed of upcoming enhancements and maintenance.
Award-Winning Support
On-Demand Help Center
We won’t disappear after we launch your website. You’ll be assigned a dedicated customer success manager. They will partner with you by providing information on best practices and how to utilize the tools of your new system to engage your residents most effectively.
Continuing Partnership
Industry-Leading Support Services
22 • Our technical support engineers are available from 8 a.m. – 6 p.m. (CST) Monday – Friday (excluding holidays)
• Accessible via phone and email
• Four-hour response during regular hours
• 24/7 emergency technical support for named points of contact via live in-app chat or telephone
• Dedicated customer success manager
• Online self-service help with the CivicPlus Help Center (civicplus.help) • Regular review of site logs, error messages, servers, router activity, and the internet in general
• We perform full system backups daily
• Regularly scheduled upgrades, including fixes and other enhancements • Operating system patches
• Testing and development
• Total Tickets – 103,759
• Average Chat Response – 3:48 Minutes
• Average Phone Response – 7:57 Minutes
• Customer Satisfaction Score – 95.7%
• Solved in One Touch – 71.2
Support-at-a-Glance
Continual Maintenance
Example One-Year Support Metrics
Powering and Empowering
Government
Premium
Implementation with
Live Meeting Manager
Proposal valid for 60 days from date of receipt
PS05092024
civicplus.com
1 Company Overview
CivicPlus History
CivicPlus began in 1998 when our founder, Ward Morgan, decided to focus on helping local governments work better and engage their residents through their web environment. Over the years, CivicPlus has continued to implement new technologies and merge with industry forerunners to maintain the highest standards of excellence and efficiency for our customers.
Our portfolio includes solutions for website design and hosting, parks and recreation management, emergency and mass communications, agenda and meeting management, 311 and CRM, process automation and digital services, codification, licensing and permits, web governance and ADA remediation, social media archiving, and FOIA management.
Our commitment to deliver the right solutions in design and development, end-user satisfaction, and secure hosting has been instrumental in making us a leader in government web technology.
We are proud to have earned the trust
of our over 10,000 customers and their 100,000+ administrative users. In addition, over 340 million residents engage with our solutions daily.
Primary Office
302 S. 4th Street, Suite 500
Manhattan, KS 66502
Toll Free: 888.228.2233 | Fax: 785.587.8951
civicplus.com
EXPERIENCE
25+ Years
10,000+ Customers
850+ Employees
RECOGNITION
Inc. 5000 11-time Honoree
GovTech 2024 Top 100 Company
Stevie® Awards Recognized with multiple, global awards for sales and customer service excellence
civicplus.com
2 Powering & Empowering Government
We empower municipal leaders to transform interactions between residents and government into consistently positive experiences that elevate resident satisfaction, increase revenue, and streamline operations.
Government leaders tell us that one of their most pressing needs is to improve how residents access and experience municipal services; however, they struggle with budget cutbacks and technology constraints. CivicPlus enables civic leaders to solve these problems, making consistently positive interactions between residents and government possible.
CivicPlus is the only government technology company exclusively committed to powering and empowering governments to efficiently operate, serve, and govern using our innovative and integrated technology solutions built and supported by former municipal leaders and award-winning support teams. With it, municipalities increase revenue and operate more efficiently while fostering trust among residents.
civicplus.com
3 Features & Functionality
Agenda & Meeting Management Select
System
CivicPlus’ Agenda & Meeting Management Select software is the fastest, most intuitive way to streamline the entire agenda management process — from creating agenda items to managing live meetings. It provides time- saving automation while allowing clerks to balance these conveniences with manual controls and overrides. Internal collaboration with Select is easy with customized workflows, version tracking, and built-in communication tools.
Our innovators designed it to offer configuration flexibility so that the system can be scaled from the most simple agenda process to the most complex. Built-in integrations and a suite of APIs make working with other internal applications easy. Agenda & Meeting Management Select’s user-defined roadmap ensures that the product will continue to grow and adapt as transparency requirements and compliance expectations change.
Fully Integrated, Cloud-Based Software Suite
• User-friendly, modern interface
• Unlimited users
• Unlimited storage
• Highly configurable to your agenda and meeting
management processes
• Adaptable permission settings
• Confidential attachments
• Field-level versioning
• Integrated code of ordinances
• Built-in integrations with Dropbox, Microsoft’s
One Drive, Google Drive, Laserfiche, Zoom, and
API availability (additional fees may apply)
• Single sign-on through the CivicPlus Platform
• Secure Cloud-Based Hosting
• Automatic Updates
• Customer-Defined Roadmap
• Enhanced Analytics for Data Visibility
Part of the Integrated CivicPlus Platform
Our powerful CivicPlus Platform is the foundation on which all our CivicPlus solutions are built, allowing them to work seamlessly and securely, leveraging existing data, and reducing information silos so your administrative staff can collaborate efficiently. Administrators can take advantage of authentication using our identity provider integrations to provide a single sign-on experience for internal users. The entire system is cloud-based, eliminating the need for internal application management. Agenda & Meeting Management Select is hosted in Microsoft’s Azure cloud service, providing a stable multi-user environment while ensuring high availability and uptime. CivicPlus is also the only technology provider that offers an integration between our agenda & meetings software and an online code of ordinances—with Municode Codification.
civicplus.com
4 Agenda Management
FLEXIBLE, CUSTOMIZED TEMPLATES
Standardized templates throughout the system provide consistency and clarity to agendas, packets, staff reports, and minutes.
EFFICIENTLY MANAGE AGENDA
PACKETS OF ANY SIZE
The software compiles your items and all the legislation, memorandums, or supporting documentation into a bookmarked PDF packet quickly and easily, no matter the size of the packet. Create multiple packet versions instantly to include or exclude specific attachments for your different internal and external users. Last-minute changes to the agenda or packet can be made and published with minimal effort.
Administrators choose what they publish to the public, internal users, and elected or appointed officials and when the information goes out. Automated email notifications can be enabled so all users, both internal and external, know when the meeting documents are published.
CONVENIENT, ANYTIME AGENDA MODIFICATIONS
Changes to the agenda can be made at any time by administrators without affecting global configurations or settings.
Drag-and-drop reordering allows you to move items and automatically renumbers everything on the agenda. One- touch copy and move functions enable you to duplicate or move agenda items from meeting to meeting, eliminating the need for duplicate data entry.
CREATE AGENDA ITEMS IN SECONDS
An easy-to-use item entry allows staff members to enter agenda items, upload attachments, and send through the workflow with a few clicks. Configurable field types and our embedded text editor ensure that you are capturing all the information needed for Select to generate staff reports. Automated PDF file conversion and built-in integrations with Microsoft’s OneDrive and Google Drive simplify the inclusion of supporting documentation and attachments.
AUTOMATE YOUR APPROVALS PROCESS
The workflow engine streamlines the routing of your agenda items, automates notifications, and gives full transparency to collaborators as it passes through the approval process. As contributors change items, the system tracks revisions, keeping them visible within the item fields and on the item timeline. In-app messaging and task assignments keep everyone in the loop and agenda prep moving forward.
CUSTOM TAGS TO GROUP LIKE AGENDA ITEMS
Administrators can set up tags that can be used by staff when creating their agenda items for improved searching and reporting. Associate like content with pre-defined tags relevant to your community.
civicplus.com
5 Live Meeting Management
AUTOMATED MINUTES SETUP
A fully-integrated Live Meeting Manager will automatically migrate all your agenda content. No manual pre-meeting minutes setup or agenda import is required. Move from the meeting agenda to Live Meeting Manager with a single click.
KEEP UP WITH THE MEETING ACTION
Meetings move fast. Agenda & Meeting Management Select’s cloud-based platform allows you to move quickly through your agenda items, recording official actions and discussion, without having to wait for the system to catch up. The clean, intuitive interface gives single-screen access to all your meeting controls. One-click control allows you to update your in-chamber display screens, set your video bookmarks (additional fees apply), and queue items in the Board Portal for your elected and appointed officials.
SPEAKER MANAGER
Speakers can be added to the discussion at any time during the live meeting, while the built-in speaker timer helps keep meetings running efficiently.
EASY, INTUITIVE MINUTES-TAKING
While in your live meeting, use the Minutes module to capture critical meeting actions from a single screen with a clean and intuitive user interface. Take roll and manage attendance, record motions and votes, enter speaker information, and record comments or discussion to be brought into your minutes document.
If using CivicPlus Media’s integrated video streaming and video-on-demand service, you can also create bookmarks for the accompanying video during the live meeting. Additional fees apply
DISPLAY PAGES
Keep meeting participants informed and engaged by displaying the current item, speaker, or vote results automatically to the constituents attending the meeting.
FLEXIBLE VOTING
Minutes takers can record motions and votes instantly in Live Meeting Manager or initiate electronic voting when desired. Apply motions and votes to individual agenda items or multiple agenda items as a group.
civicplus.com
6 Board Portal
FLEXIBLE ACCESS
Your officials can choose how to access meeting content—helping them work better, faster. Efficiently deliver packets of any size by paper, email, Dropbox, OneDrive, Google Drive, or post to the Board Portal. It is optimized for all devices, including desktops, laptops, and tablets. No separate application required.
A PERSONAL MEETING REPOSITORY
Give officials a personal, secure location to review and take notes on all meeting content, including agendas, supporting documents, minutes, and media.
INTERACTIVE MEETING TOOL
During live meetings, the Board Portal integrates with Live Meeting Manager to allow officials to refer to their review notes and annotations, capture notes within a dedicated field, receive visual cues as the agenda progresses from item to item, see speaker information instantly, and enter electronic votes (additional fees apply for electronic voting). Chair View can also be enabled to allow the meeting presider to call speakers and advance agenda items.
FIND WHAT YOU NEED- FASTER
Agenda & Meeting Management Select automatically indexes published meeting content with Board Portal search functionality, so it is easy for officials to find information quickly. Our full-text search tool empowers officials to locate past items, attachments, minutes, and agendas by searching a keyword, date range, and more. An item summary view allows officials to see the motions, votes, and any comment or discussion on the item that was recorded in the meeting minutes in an intuitive display, preventing a manual search through full minutes documents.
civicplus.com
7 Public Resident Portal
CONTENT ACCESSIBILITY
It’s not enough to be transparent by publishing your agendas and other meeting documents online. Your meeting content must be accessible to all members of the public.
Closed captioning is also available with our CivicPlus Media service for live streaming and on-demand video.
Additional fees apply for CivicPlus Media and closed captioning.
CONTENT TRANSPARENCY
Build public trust with access to fully searchable meeting content, including legislative decisions and public meeting videos. Meet municipal transparency requirements while keeping residents engaged and informed.
Public Resident Portal
• Resident portal to embed on any webpage gives
access to all meeting content on a single page
• PDF downloads of Agenda, Packet, Minutes,
Notices, and Other pertinent meeting documents
• HTML agenda view hyperlinks attachments within
the meeting agenda for direct access to specific
documents
• Full-text search and filtering options
• Email notifications
• Social sharing
• Side-by-side agenda and video display with
optional CivicPlus Media live streaming and on-
demand video service (additional fees apply)
• Optional Motions and Vote minutes display
updates the HTML agenda view to allow residents
to quickly see the final disposition of agenda items
without having to read full minutes documents
• Mobile-responsive
• Custom branding
• Integrated live or on-demand video with
bookmarks to easily jump to desired content
(additional fees apply)
• Optional public commenting forum
• Easily jump to past, current, upcoming events with
an embedded calendar and continuous scrolls
civicplus.com
8 The Civic Experience Platform
Developed specifically to enable municipalities to deliver consistently positive interactions across every department and every service, the Civic Experience Platform includes technology innovations that deliver frictionless, one-stop, and personalized resident interactions. Local governments that leverage our Civic Experience Platform also benefit from:
• Single Sign-On (SSO) to all of your CivicPlus products supporting two-factor authentication and PCI Level password compatibility
• A single dashboard and toolbar for administrative access to your CivicPlus software stack • Access to a continually growing and fully documented set of APIs to better connect your administration’s processes and applications
• A centralized data store with robust data automation and integration capabilities
CIVICPLUS PORTAL
CivicPlus Portal empowers residents to be more engaged and informed about progress in your community. Portal streamlines the resident user experience as they interact with the CivicPlus products leveraged by you – driving revenue, trust, and satisfaction.
With a single username and password, they can watch a public meeting recording, submit a public works request, pay a utility bill, or register for an upcoming event. The result is more engaged and informed voters and fewer phone calls, walk-ins, or emails to your department asking how to find documents or submit records requests.
INTEGRATION HUB
Integration Hub is a tool that can help you unify your disparate cloud-based solutions and your CivicPlus solutions, assemble powerful workflows, and setup complex automations—without the need for a developer. With Integration Hub’s easy-to-use drag-and-drop interface, non-technical users can build integrations for syncing content and data between CivicPlus solutions or with third parties (for an additional fee) saving your staff’s valuable time. The possibilities are endless with Integration Hub, but here are a few examples of integrations you can create with Select today:
• Automatically add agenda or minute files to the Document Center to be displayed on a CivicEngage® Central website after they are published in Select
• Set-up a workflow to post in the CivicEngage Central News Flash once you’ve published your Select meeting documents
Shorten your pre-meeting to-do list and send your meeting information instantly with a custom integration using the Integration Hub.
civicplus.com
9 Integrated Code of Ordinances & Web
As the only local government software provider with an integrated codification, agenda and meeting management, and municipal website solution offering, our suite allows for digital transformation of the entire legislative process - from the start of the agenda process to the final online publishing of the newly adopted legislation.
If you are a customer of CivicPlus’ codification services, the cutting-edge integration between your meetings & agenda management and code of ordinances reduces the manual steps associated between your agenda management and codification processes. As an example, you can send ordinances directly to the CivicPlus for codification by our team of legal editors. When pushed from Agenda & Meeting Management Select, this uncodified legislation will be visible on the landing page of our Online Code Hosting platform nearly instantaneously. You can also take this to the next level by integrating our Municipal Website solutions with our Online Code Hosting system, allowing for one-stop search, capabilities. With this integration, the public can instantly access your code, meetings, packets, and agendas in one simple search straight from your municipal website.
EXAMPLES OF MEANINGFUL CIVIC EXPERIENCE INTEGRATIONS
The following are examples of integrations between the CivicPlus Agenda & Meeting Management Select with other CivicPlus solutions and tools. If you have yet to experience all that CivicPlus can provide, please reach out for additional information and a quote.
CivicEngage
Municipal
Websites
• Set-up a workflow to post in CivicEngage’s News Flash once you’ve published your meeting documents.
• Automatically add agenda or minute files to CivicEngage’s Document Center to be displayed on your website after they are published in Select. • Meeting information and dates are automatically integrated to the CivicEngage Calendar. • Meeting files are automatically included in the website’s search results.
Codification
• Send adopted ordinances to the Codification Legal Team in one click. • Send ordinances straight to your online code portal as “Adopted and Not Yet Codified” . • Instantly link your online code to the meeting content produced within Select.
CivicPlus
Media
• Share high-definition, on-demand video or live video feeds of your meetings directly from Select and CivicPlus Media, seamlessly integrated with your meeting agendas and equipped with clear bookmarking and navigation.
Integration
Hub
• Third-party integrations examples include integrations with Zoom, Webex, and GoToMeetings, and with Laserfische, Google Drive, Dropbox, and other APIs.
civicplus.com
10 Implementation
Project Timeline
Twenty to Twenty-Four Weeks
While every implementation is unique, the following timeline can provide you with information about the different implementation stages and what you can expect at each stage.
PHASE 1: INITIATE
• Project Kickoff communication including timeline,
deliverables, and an implementation questionnaire
to capture details for your configuration
PHASE 2: ANALYZE
• Template Review meeting to review and discuss
needs for Proposed Agenda Template
• Obtain internal approvals on Proposed Agenda
Template and send in final approval
PHASE 3: DESIGN &
CONFIGURE
• Configuration of the received templates
• Configuration of Additional Boards (up to 7 Boards)
PHASE 4: OPTIMIZE
• Virtual consulting session(s) to review current
processes and documents and discuss desired
goals, best practices, and configuration options
• Premium configuration is completed and handed
off for review, testing, and feedback
• Configuration adjustments made per submitted
feedback
PHASE 5: EDUCATE
• Live, virtual training sessions are conducted within configured site
PHASE 6: LAUNCH • Launch
civicplus.com
11 Premium Implementation Plan
Implementation & Support Experience Designed for You
Agenda & Meeting Management Select has the experience and expertise to help administrations of any size transform the entire meeting management process. We know implementation can’t be a one size fits all solution and offer flexible packages designed to meet your desired outcomes.
Our Premium Implementation Package is the perfect fit for automating manual or inefficient agenda and meeting processes. It is designed for organizations with less than 50 internal users and a desire for a guided implementation experience. A dedicated and knowledgeable Implementation consultant will manage your project from end-to- end—consulting and collaborating with your team, configuring the system to automate your process, and delivering live virtual training to your user groups. Key project staff will have online access to the timeline and all expected checkpoints and deliverables for a fully transparent implementation.
Beyond implementation, your users will feel empowered by our in-application support tools, a full online help center, as well as phone, email, and live chat support with members of the dedicated, award-winning Technical Support team.
CONSULTING
Up to 2 Hours of Virtual Consultation
During this consulting session, your implementation consultant will be reviewing your submitted project questionnaire with your key project staff. The implementation consultant will review your custom template designs and discuss the configurations that will be made to ensure your workflows match your current agenda and meeting processes.
DESIGN
We will design up to 5 custom templates to ensure consistency in system-generated meeting documents: Agendas, Item/Staff Report, Minutes, Agenda Script.
CONFIGURATION
Our team will configure your system with Premium customization options to map existing processes to our Agenda & Meeting Management Select system. Additional custom configurations can be made by administrative users at any time using Help Center resources.
TRAINING
Up to 4 hours of Virtual Training
Your implementation consultant will guide user groups through live, virtual training sessions using your custom configured Agenda & Meeting Management Select solution. We recommend no more than 20 users per session.
Individual sessions are either 30 or 60 minutes in duration.
civicplus.com
12 Continuing Services
Technical Support & Services
With technology, unlimited support is crucial. Our live technical support engineers based in North America are ready to answer your staff members’ questions and ensure their confidence.
AWARD-WINNING
Over the past six years, CivicPlus
Technical Support has been
recognized by the globally respected
Stevie® Awards for Sales and
Customer Service. CivicPlus has been
honored with three Gold Stevie®
Awards, six Silver Stevie® Awards, and eight Bronze Stevie® Awards in the categories of Front-Line Customer Service Team of the Year – Technology Industries, Customer Service Training or Coaching Program of the Year – Technology
Industries, Customer Service Department of the Year –
Computer Software – Up to 1,000 Employees and 100 or
More Employees, Most Valuable Response by a Customer
Service Team (COVID-19), Best Customer Satisfaction
Strategy, Remote Customer Service Innovation of the Year, and Achievement in Customer Experience. The Stevie Awards are the world’s top honors for customer service, contact center, business development, and sales professionals.
CIVICPLUS HELP CENTER
CivicPlus customers have 24/7 access to our online Help Center where users can review articles, user guides,
FAQs, and can get tips on best practices. Our Help Center is continually monitored and updated by our dedicated
Knowledge Management Team to ensure we are providing
the information and resources you need to optimize
your solution. In addition, the Help Center provides our release notes to keep your staff informed of upcoming
enhancements and maintenance.
Support at a Glance
• Technical support engineers available
8 a.m. – 6 p.m. (CST) Monday – Friday
(excluding holidays)
• Accessible via phone and email
• 4-hour response during normal hours
• 24/7 emergency technical support for
named points of contact
• Dedicated customer success manager
• Online self-service help with the CivicPlus
Help Center (civicplus.help)
Maintenance
• Regular review of site logs, error
messages, servers, router activity, and the
internet in general
• Full backups performed daily
• Regularly scheduled upgrades including
fixes and other enhancements
• Operating system patches
• Testing and development
civicplus.com
13 CONTINUING PARTNERSHIP
We won’t disappear after your website is launched. You’ll be assigned a dedicated customer success manager. They will partner with you by providing information on best practices and how to utilize the tools of your new system to most effectively engage your residents.
Hosting & Security
Redundant power sources and internet access ensures consistent and stable connections. We invest over 1.0M annually to ensure we adapt to the ever-changing security landscape while providing maximum availability. CivicPlus’ extensive, industry-leading process and procedures for protecting and hosting your site is unparalleled.
CLOUD-HOSTING WITH AZURE
The infrastructure is fully hosted within the Azure Cloud environment using their Infrastructure as a Service (IaaS) model. Using a mix of Azure Virtual Machines and Storage Accounts, all processing and data storage in done within this environment. All users need is a web browser to access and utilize the application. Your system is monitored 24/7/365 with a 99.9% guaranteed up-time (excluding maintenance). Additional details regarding our hosting and security services can be provided upon request.
DISASTER RECOVERY
Agenda & Meeting Management Select utilizes Azure’s Site Recovery Services and Geographically Redundant Storage Accounts (GRS) to provide disaster recovery between Azure regions. All data is written to a GRS account which creates copies of that data in data centers across multiple Azure regions, so access to the data is always available.
Site Recovery Services allows us to quickly spin up and failover to clones of our Azure Virtual Machines.
civicplus.com
14 Disclaimer
Proposal as Non-Binding Document
A successful project begins with a contract that meets the needs of both parties. This proposal is intended as a non-binding document, and the contents hereof may be superseded by an agreement for services. Its purpose is to provide information on a proposed project we believe will meet your needs based on the information available.
If awarded the project, CivicPlus reserves the right to negotiate the contractual terms, obligations, covenants, and insurance requirements before a final agreement is reached. We look forward to developing a mutually beneficial contract with you.
civicplus.com
15 Enhancement Options
CivicPlus Media: Live Streaming & On-Demand Video
Increase resident engagement and participation by sharing high-definition live video feeds of your meetings directly from Agenda & Meeting Management Select and CivicPlus Media. Stream up to 3 concurrent live proceedings and seamlessly integrate all video content directly into your meeting agendas. Videos feature clear bookmarking and navigation so viewers can quickly find discussions of interest. Viewers can watch videos from any device with no software or application downloads necessary. Integrated closed captioning services are available at an additional cost. Additional fees apply.
Boards & Committees Module
The Boards and Committees module tracks vacancies, applications, and appointments. Interactive dashboards give you quick access to actionable information. Easily manage rosters and generate communications using customized templates. Store system-generated communications and other necessary documentation at the board or individual member level. Track training and other internal requirements. Additional fees apply.
Historical File Import
As part of your implementation project, we will import up to 7,500 PDF, MP4, or MP3 documents to your new system.
The process includes indexing your imported agendas for keyword searching and retrieval. You and your citizens will still have access to this historical information with increased functionality. Historic meeting documents imported into CivicPlus Agenda & Meeting Management Select by your implementation consultant will be optimized for character recognition to improve complete text search, and accessibility for screen reading assistive devices.
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Kristin Olivarez, City Librarian
SUBJECT: 2024 Banned Books Week Resolution
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a resolution declaring the week of September 22-28, 2024 as Banned Books Week in Monterey Park,
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Monterey Park Bruggemeyer Library is observing the week of September 22 -28, 2024 as Banned Books Week. Banned Books Week is observed nationwide annually in the fall to celebrate the freedom to read , highlight the value of free and open access to information and spotlight current and historical attempts to censor books in libraries and schools.
The theme for Banned Books Week 2024 is “Freed Between the Lines.” Readers can find freedom in the pages of a book — but book bans and censorship threaten that freedom.
This Banned Books Week, everyone is encouraged to celebrate the right to read and the freedom found in books. Libraries offer opportunities for everyone , regardless of race, ethnicity, creed, ability, sexual orientation , gender identity, or socio -economic status, to explore new worlds and become their best selves through access to information, technology, multimedia content, and educational programs.
FISCAL IMPACT:
None.
Respectfully submitted by: Approved by:
Kristin Olivarez
City Librarian
Inez Alvarez
City Manager
ATTACHMENT:
1. Banned Books Week Resolution
Consent Calendar - 3D
ATTACHMENT 1
Banned Books Week Resolution
Staff Report
September 18, 2024
RESOLUTION NO.
A RESOLUTION DECLARING SEPTEMBER 22-28, 2024 AS BANNED
BOOKS WEEK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Banned Books Week is celebrated annually to celebrate the freedom to read , highlight the value of free and open access to information and spotlight current and historical attempts to censor books in libraries and schools.
B. Libraries across the country are facing an unprecedented number of attempts to ban books.
C. The most recent data from 202 3 indicates that the number of titles targeted for censorship at public libraries increased by 92% over the previous year.
D. Reading is a foundational skill, critical to future learning and to exercising our democratic freedoms.
E. Libraries have long served as trusted institutions for all members of the community regardless of race, ethnicity, creed, ability, sexual orientation, gender identity, or socio-economic status.
F. Libraries strive to develop and maintain programs and collections that are as diverse as the populations they serve and ensure equity of access for all.
G. Libraries are cornerstones of democracy, promoting the free exch ange of information and ideas for all.
H. Banned Books Week celebrates the freedom to choose or the freedom to express one's opinion and stresses the importance of ensuring the availability of all viewpoints to all who wish to read them;
I. Be it resolved that the City Council officially proclaims September 22-28, 2024 as Banned Books Week in the City of Monterey Park.
SECTION 2: Electronic Signatures . This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 3: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto.
SECTION 4: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AND ADOPTED this 18th day of September, 2024.
________________________________
Thomas Wong, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
DATE: September 18 , 2024
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Scott Wiese, Chief of Police
SUBJECT: 2024/2025 Cannabis Tax Fund Grant Program (CTFGP) Funding for Two Law Enforcement Motorcycles
RECOMMENDATION:
It is recommended that the City Council consider:
1. Wa
iving bidding requirements pursuant to Monterey Park Municipal Codes §3.20.050 (2) through (4), and authorizing the City Manager to execute an amendment to Agreement No. 2004-A with Long Beach BMW Motorcycles, in a form approved by the City Attorney, for the purchase of two (2) 2024 BMW R1250 RT-P 753 law enforcement motorcycles;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Police Department has two motorcycles that need to be replaced (Units 096 and 104). Unit 096 has transitioned into a training motorcycle for newly assigned traffic officers to prepare for motor school. Unit 104 is high mileage and will be reprioritized as a spare motorcycle to use periodically when other units are down for scheduled maintenance. The new motorcycles will be purchased utilizing 2024/25 CHP Cannabis Tax Fund Grant Program (CTFGP) grant award (#17914) approved by Council on July 17, 2024.
BACKGROUND:
The Police Department has been utilizing the BMW motorcycle for patrol, traffic enforcement, and DUI enforcement purposes since 2004. The BMW motorcycle is the most effective all-around performer for enforcement duties and is a reliable patrol vehicle with exceptional maneuverability and ergonomics for the end- user. The latest BMW motorcycle, the R1250 RT-P, is used by more than 550 law enforcement agencies in the United States, including the California Highway Patrol, Los Angeles Police Department, and Los Angeles County Sheriff’s Department.
The P
olice Department is requesting to waive the bidding requirements pursuant to Monterey Park Municipal Code § 3.20.050(4). The City of Sacramento has recently (April 2022) gone through a competitive bidding process for the BMW R1250 RT -P 753 motorcycle and the lowest bid was received from Long Beach BMW at $29,209.14. In addition, pursuant to Monterey Park Municipal Codes §3.20.050 (2) and (3), the Police Consent Calendar - 3E
Staff Report
Department is requesting to waive the bidding requirements for additional equipment and installation of needed accessories for the motorcycles out of convenience and value. Long Beach BMW Motorcycles will provide the department with the additional equipment that meets the needs of the department and upfitting these needs with another vendor would increase the overall costs of this project. The additional equipment and installation will be provided by the vendor at approximately $8,130 per motorcycle, bringing the total for each motorcycle to approximately $37,339, which includes sales tax and other fees (e.g., tire, CVR, etc.). Monterey Park City Council approved designated monies for this project through the CHP CTFP (grant), at the July 17th regular council meeting (Resolution No. 2024-R52).
The City
has an agreement on file with Long Beach BMW Motorcycles (Agreement No. 2004-A). At the Regular City Council Meeting on September 6, 2023, the then- City Council approved waiving the bidding requirements pursuant to then- Monterey Park Municipal Code Section 3.20.050(5) and authorized then interim City Manager to execute a contract with Long Beach BMW in a form approved by the City Attorney. The Police Department is requesting to amend Agreement No. 2004- A and incorporate the new scope of work and additional council approved FY24-25 CHP grant budget of $74,677.36.
FISCAL I
MPACT:
Staff request approval for the Finance Director to appropriate $74,677.36 from grant funding for the Fiscal Year 24-25 budget. There is no fiscal impact on the general fund.
Respectf
ully submitted by: Prepared by:
Scott Wiese Jay J. S ilverman
Chief of Police Police Sergeant
Reviewed by
: Reviewed by:
Martha Garcia
Finance Director
Justin A. Tamayo
Deputy City Attorney
Approved by:
Inez Alvarez
City Manager
Staff Report
ATTACHMENTS:
1. City of Sacramento City Council Report File ID 2022-00848
2. City of Sacramento Contract Bid No. B22153311006
3. Long Beach BMW Motorcycles Sales Summary (Quote 1001)
Staff Report
ATTACHMENT 1
13. Contract: Police BMW Motorcycles
File ID: 2022-00848
Location: Citywide
Action: Passed Motion No. 2022-0140: 1) awarding an initial one-year contract with
four one-year renewal options to Long Beach BMW Motorcycles in an amount not-to- exceed $485,000 for the potential five-year term; and 2) authorizing the City Manager or
the City Manager’s designee to execute the contract and renewal options specified above provided that sufficient funds are available in the budget adopted for the applicable fiscal year.
Contact: Alison Kerstetter, Program Specialist, (916) 808-1163, [email protected]; Mark Stevens, Fleet Manager, (916) 808-5869, [email protected], Department of Public Works
Staff Report
ATTACHMENT 2
Staff Report
ATTACHMENT 3
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: Honorable Mayor and Members of the City Council
FROM: Robert Aguirre, Director of Recreation & Community Services SUBJECT: Authorizing the City Manager to execute an agreement with the Greetings Tour and artist Victor Ving in a form approved by the City Attorney for a community mural project for an amount not to exceed $40,000.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to negotiate and execute an agreement, in a form approved by the City Attorney, with the Greetings Tour and artist Victor Ving for a community mural for an amount not to exceed $40,000;
2. Providing direction on the process for final art and location selection; and
3. Taking such additional, related action that may be desirable.
EXECUTIVE SUMMARY:
The City Council has expressed interest in public art in the City of Monterey Park . In an effort to learn more about the various options available and provide the Council with options to consider , the Director of Recreation & Community Services researched and met with various artists who specialize in working with cities on mural projects that promote civic pride and promote local economic development.
Staff from the City Manager’s Office and the Recreation & Community Services Department recently met with local San Gabriel Valley artist Victor Ving. Victor is the owner and entrepreneur of the Greetings Tour Project (www.greetingstour.com) and has been touring the Country to work with communities and develop murals that are visually captivating and culturally significant. The murals help celebrate each city’s unique heritage, landmarks, and community spirit.
On Tuesday, August 20, the Community Participation Commission (“CPC”) reviewed the Greetings Tour website and murals that Victor Ving has completed in other cities . The Commissioners were excited to learn about the opportunity to have a mural celebrating the Monterey Park community. The CPC voted unanimously to recommend that the City Council pursue a Greetings Tour postcard-style mural at a location to be determined.
Upon approval and providing direction on the process for final art and location selection, city staff will work with artist Victor Ving to initiate community engagement , set a project timeline, and scout potential public and private locations. The proposed mural project will include community engagement and collaboration, ensuring it reflects the city's identity Consent Calendar - 3F
Staff Report
September 18, 2024
and values. The mural would be strategically placed in a high -visibility area, making it accessible to residents and creating a destination for visitors.
If approved, updates will be provided as the project progresses. Once artwork has been determined and location has been selected, the outcome will be presented to City Council to request a budget allocation and final mural approval.
BACKGROUND:
The Greetings Tour is a nationwide public art project led by muralist V ictor Ving and photographer Lisa Beggs. The project specializes in creating postcard-style murals that reflect the unique character of each city it partners with. The Greetings Tour has successfully completed similar projects in various cities across the United States, creating a new destination and local landmark in each community.
The Greetings Tour mural project presents a unique opportunity to showcase the City’s unity and create a lasting visual legacy. City Council direction on this project will enable staff to proceed with planning and initiate community engagement toward the final mural, reflecting pride in the past and faith in the future.
FISCAL IMPACT:
The total project cost may vary due to the location and final design of the mural but will not exceed $40,000. The funding source will depend on the location selected for the mural. Development Impact Funds (“DIF”) may be utilized if the mural will be placed in a city park; CDBG funds may be used if the location area meets the income requirements; or the General Fund will be used if the location doesn’t meet the DIF or CDBG requirements.
Respectfully submitted by:
Robert Aguirre
Director of Recreation & Community Services
Approved by: Reviewed by:
Inez Alvarez Justin A. Tamayo
City Manager Deputy City Attorney
Staff Report
September 18, 2024
ATTACHMENT:
1. Greetings Tour Press Kit
Staff Report
September 18, 2024
ATTACHMENT 1
Greetings Tour Press Kit
1 POSTCARD MURALS ACROSS AMERICA
2 OUR STORY
MISSION
Greetings Tour is a nationwide mural project creating interactive & timeless landmarks through public art. Using the classic large letter postcard style, our artwork captures the pride of locals for their hometowns and sparks the interests of visitors alike. At each stop, we collaborate with local artists, businesses and residents to create a piece of true public art art that engages the local community.
Muralist Victor Ving and photographer Lisa Beggs have been traveling full time in their RV since leaving New York City in 2015. To date, the artist duo have completed a total of 50+ murals across 25+ different states continuing their mission to create their colorful & photogenic artwork in all 50 states and eventually taking the project to an international level!
3
4 ABOUT US
BEHIND THE SCENES
Muralist Victor Ving is a former NYC graffiti
artist who now utilizes his aerosol art
experience to create public artworks for
communities across America. He is the founder
of Mural Artist Collective & Graffiti Arts
creative agencies specializing in graffiti, street
art and large scale murals.
VICTOR VING
Lisa Beggs is a traveling photographer living
full-time on the road since 2015. After
studying Commercial Photography and
Dance at Ohio University, she moved to New
York City where she began shooting.
LISA BEGGS
2014 Thor Four Winds Motorhome
Current Mileage: 115k+
“Our Home on Wheels”
HONEYBEAR
5 HITTING THE ROAD
Conceptualized and painted the
Greetings from Chinatown mural
followed by a road trip to California
that sparked the idea of taking the
project on the road for a year.
2014
OUR BEGINNINGS
2015
Purchased Honeybear (RV) and said goodbye to
friends and family in NYC. Created our first
mural on the road “Greetings from Chicago” in IL
ALASKA
Visited all lower 48 states (& Hawaii.)
Decided to keep the the project going
past one year and try to paint in all the
states that we have visited and
experienced.
2016
LOWER 48 STATES
2018
Completed our most ambitious goal to
date of painting a Greetings from
Alaska mural in Anchorage, AK!
HISTORY OF
GREETINGS TOUR
2104- 2018 TIMELINE
6 PANDEMIC
One of the best years of our lives so far!
Completed another goal of painting in Hawaii.
Painted our first international mural in Bermuda
& we got married in October in Santa Barbara, CA!
2019
GOT HITCHED!
2020
Our travels were put on hold due to COVID, but we
settled into a new home base in Pasadena, CA.
We started a grant to help give back to communities
that were severely impacted by the pandemic
We hit a milestone of painting 50 murals
(but not in all 50 states yet!). Happy to be
back on the road after a rough 2020.
2021
50 MURALS
FUTURE
Let’s see where this journey will take us!
HISTORY OF
GREETINGS TOUR
2019- FUTURE TIMELINE
7 ASK US ANYTHING
Frequently Asked Questions
What made you decide to do this project?
The Greetings from Chinatown mural in NYC (2014) was the first piece we did where we noticed the potential of how much our artwork can positively affect the community. We went on a west coast road trip later that summer and were inspired by others that we saw living on the road. Combining our backgrounds of mural art and photography,we decided to take a chance to paint and travel full time. We hit the road in Spring 2015 and have been loving the lifestyle since! How do you decide where your next stop is?
Our travels are loosely based around our commissioned project schedule. If there are cities along the way that we connect with, we’ll try to make those murals happen in route to the next destination. Our current priority is creating murals in states where we have not painted in yet. The larger goal is to eventually paint in all 50 states and then take the project global!
Do you get paid for your artwork?
Yes, this is the way that we make our living and it is our full-time jobs. Our most common clients are cities, destination agencies, and the travel/hospitality industry. However, from time to time we have donated our services to some good causes that align with our values and mission.
What's been your favorite place you've been to so far?
When we left our apartment in NYC, we looked forward to visiting all the US cities. That changed when we began visiting National Parks and found where the real beauty lies in our country. Victor’s favorite place we have visited is Alaska where we spent the summer of 2018. Lisa’s favorite part of the country is Southern Utah.
What's your favorite mural(s) so far?
Victor: Greetings from Alaska & Greetings from Hawaii
Lisa: Greetings from Chinatown
8 DESIGN &
PROCESS
TIMELINES
9
10 IDEAL WALL SPECS
BEST WALLS FOR INTERACTIVE MURALS
PLACEMENT
• Facing oncoming traffic
• Public access (can step back
enough for clear photos)
SIGHT
• Ground level
• No obstructions (signs, parking
spaces, utility poles, trees, etc.)
PARKING (INSTALL)
• Enough space to park our RV
during painting (24’ ft. x 8’ ft.)
SIZE
• 25’-30’ ft. w x 12’-15’ ft. h
• Walls that are too big lose the
interactive element.
SURFACE
• Concrete, cinderblock, brick, or
stucco (primed.)
• Power washed prior to a coat of
white primer .
NEIGHBORHOOD
• High foot traffic.
• Young Adults (18-35)
11 DESIGN PROCESS
SKETCH & PHOTOGRAPHY
To create true “public” art, we work with
locals that have roots in the community to
suggest ideas of relevant imagery to be
incorporated in our artwork.
Past interactive and collaborative
processes include leaving letter(s) blank as
a canvas for local artists and adding ideas
from the immediate environment while
painting.
For committee approvals, we do require
clear and concise feedback with solid
direction. We typically include up to 2
rounds of revisions for our projects.
STEP 1
• Lettering concept/placement to scale of
wall. Default 2:3 scale.
STEP 2
• Photo references for content laid out
within letters for approval.
STEP 3
• Design original content from references
or clear usage of existing references.
STEP 4
• Final *sketch created for mural.
*Sketches are blueprints for a mural and
NOT meant to be full renderings.
12 TIMELINE
CONCEPT TO EXECUTION
Every project is unique and we have the ability & resources to pull off rush projects when necessary. Most successful mural projects are planned at least 2-3 months in advance. The general timeline below can be used as a point of reference:
SKETCH/DESIGN
• 1 week – Initial concept/layout
• 3-5 days – Each round of revisions (includes up to 2 rounds.)
INSTALLATION
• 2-3 days – Initial preparation of wall (cleaning, priming, sketching.) • 2-3 days – Blocking out background elements & lettering. • 1-2 days – For each unique image painted within lettering. * All installation dates are weather dependent for outdoor murals.
DOCUMENTATION
• Content captured during mural installation.
• 1-2 days – B Roll footage.
• 1 week – Edited final photo selects & recap video (1-2 minutes.)
13 INTERACTIVE
POSTCARDS
COMMUNITY ENGAGEMENT
14 INTERACTIVE ART
MODERN DAY POSTCARDS
Sending physical postcards have
become a past time for the current
generation. We’ve taken the “Wish
You Were Here” postcard concept
and added our modern twist to it by
creating interactive mural as photo
backdrops for people of all ages and
backgrounds.
The practice has become a modern
way of sending greetings to friends
and family in our digital age through
social media.
Every day, we are constantly tagged
and mentioned in photos of people
engaging and interacting with our
artwork across the country. We love
watching the pieces take on a life of
their own long after we are gone.
Our murals create an opportunity for
associated brands to create a
memorable and impactful positive
experience for their customers.
15 COMMUNITY PARTICIPATION
EDUCATIONAL WORKSHOPS
EDUCATION
• Teaching the public how to use spray paint to create murals. • We can prepare outlines for people to help fill in.
• Inspirational talk about how to make a living doing what you love. • Panel / Q&A session.
16 FOLLOWER DEMOGRAPHICS
This slide showcases select social media posts of engagement with our murals. We have listed some recent statistics pulled from our own social account: @greetingstour
GENDER
60.4% - Female
39.6% - Male
AGE
45.3% - 25 to 34
33.3% - 35 to 44
9.9% - 45 to 54
LOCATIONS
5.8% - New York
5.2% - Chicago
5.1% - San Diego
17 50+ 22k+
25+ 115k+
STATISTICS
AS OF JANUARY 2021
Total large letter style
murals completed on the
Greetings Tour since 2014.
MURALS COMPLETED
Current total of unique
states with permanent
Greetings Tour murals.
STATES COMPLETED
Total social media followers
on our most active social
media network: Instagram
SOCIAL FOLLOWING
Number of miles driven in
the RV across the country
since 2014!
MILES TRAVELED
18 MURALS
ACROSS
AMERICA
ROAD TRIP USA
There are multiple Greetings Tour pieces within the same states and even cities but our long term goal is to paint at least one mural in all 50 states.
Eventually, we would love to take this project international. For now, we are working hard on creating these local landmarks and destinations domestically across the United States.
We have developed a following of fellow full time RV’ers and travelers who plan trips to try to see all of our murals. This has led to an increase in local business and traffic to neighborhoods where the murals are located. Brands can leverage the opportunity to work with us on a national scale! * States Completed * States Pending
19 PRESS
OPPORTUNITIES
For each public mural that we paint, there is never a
shortage of press coverage opportunities. Articles and interviews have been published on just about every mural that we have done in print, digital and broadcast formats.
In addition, our overall project has been featured in many prominent publications.
Past publications and news sources that we have been
featured in include: InStyle Magazine, Conde Naste Traveler, Elle Decor, Hypebeast, Time Out Chicago, Vogue, Travel
Channel and syndicated news networks including NBC, CBS, FOX and more. Media kits are available upon request.
20 COMMUNITY ENGAGEMENT
TECHNICAL EXPERTISE
Our goal is to engage the community in the public art process through education, voice, hands-on participation, representation and experience.
We offer a well-articulated experience at various stages of project development with a decade plus of experience in mural painting, project management and documentation.
We work closely with our agency, Klughaus to provide additional resources from coast to coast to help streamline projects including fabrication, staffing, consulting, equipment rentals and insurance needs.
NATIONWIDE RESOURCES
WHY GREETINGS TOUR?
BENEFITS OF WORKING WITH US
Often imitated but never duplicated! We put 110% into the level of detail and quality of our murals that can only be fully appreciated when seeing them in person. When it comes to large letter postcard murals, we are the undisputed experts.
AUTHENTICITY
21 SUPPORTING
COMMUNITY
LOCAL TO AMERICA
22 PUBLIC ART LANDMARKS
SUPPORTING THE COMMUNITY
STATUE OF LIBERTY
Artist: Frédéric Bartholdi in New York
Born: France / Based: France
CLOUD GATE (THE BEAN)
Artist: Anish Kapoor in Chicago
Born: Bombay, India / Based: London
All of the artists who created the public art pieces above were not residents nor native to the location of the artwork. Yet, the pieces have become symbolic icons of the respective cities while creating tremendous value in their communities. These iconic artworks continueto bring joy to visitors and locals proudly associate them with their hometowns. In addition, the artwork has indirectly helped the local economy by creating jobs across several industries including tourism, art and public services just to name a few. Our collective murals serve a similar goal on a national scale.
LOVE STATUE
Artist: Robert Indiana in Philadelphia
Born: New Castle, IN / Based: NY & ME
23 COLLABORATION
SUPPORTING THE COMMUNITY
As a nomadic artist couple, we have built our own community in cities and towns across the country. The United States is where we call home and we consider ourselves humble residents to everywhere we spend time. We strive to connect and learn from those with roots in the community and always respect the local history of where we create our art.
When it comes to public art, there is a distinction between placing studio art in public view versus directly involving the community in the process of the creation. Our project gives local artists a chance to collaborate with us directly. We offer letters as blank canvases for other local artists to create their own murals within our piece. In addition, spending time living in the neighborhood in our RV and having conversations with local residents and businesses help generate ideas for the mural content. This gives everyone in the community a sense a ownership of the artwork long after we leave. Some locals have been so proud of the art that they had our murals tattooed on themselves!
Local San Diego artist Dave Persue (Bunny Kitty) collaborating on a mural.
Locals proud enough to get tattoos of our murals (Seattle & Chicago.)
24 “The Greetings from San Diego mural is just a block away from my shop and very rarely do I pass the wall without seeing an impromptu photo shoot in front of it with tourists and locals alike. It’s been such a positive destination spot for our community here in North Park (San Diego.)” Edwin Negado / Owner / Gym Standard
LOCAL BUSINESS
SUPPORTING THE COMMUNITY
“We really have noticed a significant increase in people visiting the mural, which almost always results in fresh new faces through the door. The mural has made our shop a landmark and almost everybody knows our business, as well as surrounding businesses because of the Greetings from Orlando mural.”
Jonathan Santin / Co-Owner / Uncle Tony’s Donut Shoppe
“The San Diego mural is a stop on everyone’s tour of North Park. There are visitors from all over the world snapping souvenir pictures and often browsing the shops around the mural. It has positively impacted the neighborhood and my business by being a centerpiece and landmark.”
Chris Clark / Founder / Shaper Studios
“For years, the Little Saigon District (San Diego) had been desperately waiting on a gateway sign. The community is very grateful and pleased for the Greetings Tour mural. The design speaks volumes to the history, cultural and identity of the Vietnamese refugee settlement in San Diego post the Vietnam War.”
Beryl Forman / Marketing and Mobility Coordinator
El Cajon Boulevard Business Improvement Association
25 PAST MURAL
RESULTS
IN THE WORDS OF OUR CLIENTS
26 “We are so glad that we decided to work with the Greetings Tour to paint a mural that said “Greetings from Cleveland” rather than our neighborhood name “Ohio City,” which was our original plan. We had hoped to use this mural as an opportunity to market our neighborhood, but at the recommendation of Victor and Lisa, decided to use Cleveland instead. Over the past two years, this mural has become a destination in our neighborhood – visitors from the regional as well as out of town tourists make sure to visit our neighborhood so they can get a picture in front of the “Greetings from Cleveland” mural. We don’t feel it would have the same impact had we used our neighborhood name.” Ashley Shaw
Economic Development and Planning Manager
Ohio City Incorporated
CLEVELAND
TESTIMONIAL
“Victor Ving and Lisa Beggs brought their Greetings Tour to Cleveland, Ohio in 2015, capturing the wonderful landmarks and history of our city and helping beautify a neighborhood with new vibrance. They partnered with Graffiti HeArt, a local non-profit organization that provides art education scholarships for underserved youth and promotes graffiti mural art, and have become a friend of Cleveland.
The new Cleveland Hilton included a Graffiti Suite, inspired by the collaboration between Graffiti HeArt and Greetings From Tour, including Victor's mural as per of the interior design.” Stamy Paul
Founder & President
Graffiti HeArt
27
28 “We stumbled upon Victor and Lisa’s Greetings Tour work via Instagram in early 2015.
Quickly our entire team became enthralled with the art, travels, and community cultivated by the tour. Two months after discovering the Greetings Tour on social media I stumbled upon Victor and Lisa’s work at a popular and iconic building in the Lohi neighborhood of Denver. After seeing their work in person, I was incredibly impressed with the detail and scale of the mural. I reached out to Victor that day, and 4 months later The Greetings Tour was the most talked about, photographed, and engaged art installation of the festival. I would work with these two amazing people again in a heartbeat. Professional. Incredibly Talented. Friendly. Relevant. Victor and Lisa are the whole package.”
Sam Warren
Creative Director
Bumbershoot Music and Arts Festival
BUMBERSHOOT (SEATTLE)
TESTIMONIAL
29
30 "We were very excited to hear that Greetings Tour was planning a mural in Chicago and even more excited when they asked us to help locate the ideal wall for this project! Prior to its installation, Greetings Tour asked my opinion on whether it should read "Chicago" or "Logan Square". We unanimously agreed that far more people would appreciate and make this a destination if the mural read "Chicago". This beautiful mural captures many of the elements that make up Chicago. Since its installation, "Greetings From Chicago" has easily become the most popular and most photographed mural in the city! On any given day, you can find fans lined up to shoot their wedding, modeling or graduation photos. The mural attracts people from across Chicagoland and statewide, as well as tourists from all corners of the globe.
Billy Craven
Founder & President
Galerie F
CHICAGO
TESTIMONIAL
31
32 PAST CLIENTS
CIVIC ORGANIZATIONS
BRANDS & COMPANIES
33 EMAIL
[email protected]
PHONE
718-350-7671
SOCIAL
@greetingstour
WEBSITE
greetingstour.com
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Emergency Replacement of the HVAC System at the Langley Senior Citizen Center– Adopt a Resolution authorizing the City Manager to execute necessary Agreements, without the need for competitive bidding to complete the HVAC replacement
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution authorizing the City Manager to execute necessary Agreements, not to exceed $75,000, without the need for competitive bidding to complete emergency replacement of the HVAC system at the Langley Senior Citizen Center
2. Appropriating $75,000 to the FY 2024-2025 Budget from the General Fund for the project; and
3. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
This matter is categorically exempt from review under the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15269 (emergency repair to this public facility is necessary to maintain service essential to the public, health and welfare) and § 15301 (Existing Facilities). The extended repairs would result in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regard to regarding traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project. Additionally, the City Council’s actions are exempt from additional CEQA review as they are being made to protect public and private property and necessary to maintain services essential to the public, health and welfare (see, CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529: CEQA findings regarding an anticipated imminent emergency are valid).
EXECUTIVE SUMMARY
On September 4, 2024, Public Works staff completed temporary repairs for the failing HVAC system at Langley Senior Citizen Center . The HVAC system has reached and exceeded its useful service life and is in need of immediate replacement . Staff recommends that the City Council adopt a resolution authorizing the City Manager to execute necessary Agreements, without the need for competitive bidding for the replacement of the HVAC system at the Langley Senior Center. This includes a contract with Westco for $34,249 and with Carrier Global Corporation for $ 28,730.74.
Consent Calendar - 3G
Staff Report
September 18, 2024
BACKGROUND
On September 4, 2024, Public Works staff determined that the HVAC system at the Langley Senior Citizen Center was not operating correctly. Staff requested maintenance support from Westco for the system. Westco performed necessary repairs for continued operation. The HVAC unit services the main room used for daily senior lunch program and public events. Additionally, the Langly Senior Citizen Center is a designated cooling center. With the recent heat, this has proven to be a vital service to our community.
Despite the City’s best efforts, the system is beyond repair, and even with the temporary fix it is operating at 50% capacity and can fail at any time. The system has exceeded its expected lifespan of 10 to 15 years and is now 19 years old.
Staff obtained a quote from Carrier Global Corporation for one Packaged Rooftop Heat Pump Unit and curb adapter for $28,730.74 and a quote from Westco for installation of equipment for $34,249.
Westco’s scope of work includes providing a crane and removal and disposal of the existing unit; installation of the City provided Carrier AC rooftop package unit, including all electrical and control wiring; securing the unit to the existing platform; starting and testing. The total cost for the proposed work is $34,249.
Ordinarily, the City must comply with this project's competitive bidding requirements of the Monterey Park Municipal Code and Public Contracts code. However, due to the immediate need to respond to the failing HVAC unit, competitive bidding for the proposed replacement would be ineffective and impractical for the protection of public health and safety. Westco is already vetted by City staff and under contract for HVAC maintenance and will perform the work within the competitive unit prices listed in the existing maintenance agreement.
Staff requests the City Council adopt a resolution authorizing the City Manager to execute the necessary Agreements, not to exceed $75,000, with Carrier Global Corporation and Westco without the need for competitive bidding for the emergency replacement of the HVAC system at the Langley Senior Citizen Staff requests the appropriation of $ 75,000 for costs associated with this project including labor, material, permit, contingency, and construction management and inspection.
2024-25 STRATEGIC PLAN GOAL:
The proposed Resolution supports the City’s strategic goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of the City and community. Replacement of the HVAC unit is required for public health and safety.
FISCAL IMPACT
Staff recommends the appropriation of $ 75,000 to the FY 2024-2025 Budget from the General Fund to cover the costs for this project.
Staff Report
September 18, 2024
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
City Manager
Karl H. Berger
City Attorney
ATTACHMENT
1. Resolution
2. Westco Proposal
3. Carrier (Sourcewell) Equipment Quotation
Staff Report
September 18, 2024
ATTACHMENT 1
Resolution
Resolution No. ______
RESOLUTION NO. _____
A RESOLUTION ADOPTED PURSUANT TO PUBLIC CONTRACTS
CODE § 20168 FINDING THAT AN EMERGENCY EXISTS WITHIN THE
CITY AS TO HVAC FAILURE AT THE LANGLEY CENTER AND
AUTHORIZING CONTRACTING WITHOUT THE NEED FOR BIDDING
PURSUANT TO § 22050 AND MONTEREY PARK MUNICIPAL CODE
(“MPMC”) CHAPTER 2.52 AND FINDING THAT THE PROJECT IS
EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL
QUALITY ACT AS AN EMERGENCY REPAIR.
The City Council does resolve as follows:
SECTION 1: The City Council finds and declares as follows:
A. Pursuant to Public Contracts Code (“PCC”) § 20168, the City Council may, upon a four -fifths vote, declare that public interest and necessity demand the immediate expenditure of public money to safeguard life, health, or property because of an emergency.
B. In accordance with PCC §§ 20168 and 22050, the City Council may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
C. Conditions of extreme peril to the safety of persons exist resulting from a combination of high temperatures and failing HVAC equipment at the Langley Senior Citizen Center (the “Facility”). The Facility is designated as an emergency cooling center and provides services for individuals (primarily seniors) who are particularly sensitive to heat related maladies.
D. HVAC equipment at the Facility is expected to fail at any moment; it is performing at less than 50% capacity. An equipment failure may result in deadly heat related injuries by a sensitive population (seniors).
E. The Public Works Director identified contractors to provide new HVAC equipment and, separately, to install it in the Facility. Such work must be completed expeditiously (the “work”)
F. Under such emergency conditions, the City Council finds that the delay resulting from public bidding would imperil essential public services.
SECTION 2: Environmental Assessment. The work categorically exempt from review under the requirements of the California Environmental Quality Act (CEQA) pursuant to 14 California Code of Regulations § 15269 (emergency repair to this public facility is
Res
olution No. ______
necessary to maintain service essential to the public, health and welfare) and § 15301 (Existing Facilities). The extended repairs would result in minor alterations to existing public facilities involving no significant expansion of the existing use. The project is not anticipated to have any significant impacts with regard to regarding traffic, noise, air quality, or water quality. There are adequate utilities and public services to serve the project. Additionally, the City Council’s actions are exempt from additional CEQA review as they are being made to protect public and private property and necessary to maintain services essential to the public, health and welfare (see, CalBeach Advocates v. City of Solana Beach (2002) 103 Cal.App.4th 529: CEQA findings regarding an anticipated imminent emergency are valid).
SECTION 3: Declaration of Emergency. Based upon the entirety of the administrative record, the City Council finds that the emergency constitutes an imminent threat to public health and safety that requires immediate action. Accordingly, the City Council authorizes the City Manager to take all steps necessary to protect public health, safety and welfare including, without limitation, awarding contracts in accordance with PCC § 22050 and MPMC Chapter 2.52.
SECTION 4: Electronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 5: Effective Date. This Resolution becomes effective immediately upon adoption and will remain effective unless repealed or superseded.
SECTION 6: Recordation. The City Clerk will certify to the passage and adoption of this Resolution; will enter the same in the book of original Resolution of said City; and will make a minute of the passage and adoption thereof in the record of proceedings of the City Council of said City, in the minutes of the meeting at which the same is passed and adopted.
PASSED, APPROVED, AND ADOPTED this ___ day of September 2024. ____________________________________
Thomas Wong, Mayor
ATTEST:
______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM:
___________________________
Karl H. Berger, City Attorney
Staff Report
September 18, 2024
ATTACHMENT 2
Westco Proposal
Quote
MBE# SC07182 License # 670542 WBE# 2005124679
Page | 1
Date: 9/5/2024
To: City of Monterey Park
320 Newmark Ave
Monterey Park, CA 91754
Attention: Skyler Hecox
Location: 400 W Emerson Ave, Monterey Park
Project: Labor to Replace AC unit.
Quoted Price: $ 34,249.00
Terms: Net 30, Quotation is valid for 30 days.
Scope of Work: Provide labor to:
• Safe off units, lock out tag out.
• Disconnect the electrical, gas and remove the ductwork and dispose. • Provide crane to remove the old unit and properly dispose. • Provide and install (1) Customer provided Carrier AC rooftop package unit. • Detail and fabricate the ductwork needed to reconnect to the existing supply and return ducts. • Reconnect the electrical and controls wires as needed. • Secure the unit to the existing platform.
• Start, test, and check the operation.
• Work is to be performed on off hours.
• Performance and payment bond included.
Exclusions: AC unit, off hours, electrical wire, conduit and upgrades, mechanical permits, engineering, air pre-balance tests or post air balance, smoke detectors, roof patch and repairs, repair and warranty of existing HVAC system and any task and material not quoted.
Submitted By: Fernando Vasquez
VP of Service
Signature Print Name Date
Staff Report
September 18, 2024
ATTACHMENT 3
Carrier (Sourcewell) Equipment Quotation
CALIFORNIA COMMERCIAL
205 S Puente St
Brea, CA 92821
(P) (714) 578-5200
EQUIPMENT QUOTATION
«job_name» Subject to attached Terms and Conditions Page 1 of 5
Contact: Skyler Hecox Phone Number:
Company: City of Monterey Park State or Non-State: Sourcewell # 39242 Address: 751 S. Alhambra Ave. Monterey Park,
CA 91754 Services:
Job Name: Langley AC Replacement Quote Date: 07/16/2024 Job Location: Quote Number: 0924EMEL1683
Sourcewell
Contract Number: 070121-CAR
We at Carrier are pleased to quote the following equipment for the above referenced project in accordance with the above Sourcewell Contract Number and the attached terms and conditions.
Qty Model Number Description Unit Sell Total Sell
1 Economizer $3,540.00 $3,540.00
1 50FCQM24A3A5-0A0A0 Packaged Rooftop Heat Pump Unit
The following items are included:
1. Standard Packaging
2. 208/230-3-60
3. 20 Tons
4. Two-Stage Cooling single circuit
5. High Static Option - Vertical Models
6. "Round Tube Plate Fin (RTPF) Al/Cu Condenser Coil,
Al/Cu Evaporator Coil"
7. Electro-Mechanical Ctl W7212
$18,929.00 $18,929.00
1 1-4013-4158 curb adapter $2,865.00 $2,865.00
1 FREIGHT $800.00
Total Net Sell Price including sales tax:$28,730.74
QUOTATION NOTES:
(1) Pricing includes only those items identified above. (2) This quote is good for 30 days.
(3) Please refer to the attached Terms and Conditions.
(4) For services, progress billing may be employed.
SPECIAL NOTES:
1. We appreciate your consideration of this quotation and would like to thank you for your interest in Carrier products and services. Should you have any questions concerning the above quotation, please feel free to contact me personally.
ERIC MELENDEZ
CALIFORNIA COMMERCIAL
[email protected]
City of MPK Langley AC Replacement Term and Conditions of Sale-Equipment and/or Service 031521 Page 2 of 5
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE
1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Cus tomer or Custo mer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any s uch taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s writte n authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement.
3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking char ge.
Special order and non-stock items cannot be returned.
4. SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate.
Carrier does not guarantee a particular date for shipment or delivery.
5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control and without the fa ult or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Even ts”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re -perform or issue a credit for such service. Carrier’s obligation to repair or replace any defective equipment, parts o r components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shippi ng or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, expo sure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall:
• Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telephone service.
• Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be neces sary to perform the specified service.
• Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. • Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial a nd answer capability.
• Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold, fungi, mildew or bacteria. • Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment to be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos.
City of MPK Langley AC Replacement Term and Conditions of Sale-Equipment and/or Service 031521 Page 3 of 5
10. EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boi ler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjus tments, repairs by others, unscheduled calls or emergency calls, any of which may be neces sitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the even t any such recommendations occur, Carrier, at its option, may submit a proposal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writin g an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does n ot elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.
12. PROPRIETARY RIGHTS (Service Contracts only) - During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non-terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub -license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) resear ch, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such dat a and information has been stored and/or transmitted to Carrier’s servers, Customer a grees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (ii i) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineer any software included with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. CANCELLATION - Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit.
20. CUSTOMER TERMINATION FOR CARRIER NON -PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier’s non-performance provided Carrier fails to cure such non -performance within thirty (30) days after having been given prior written notice of the non -performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier-owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and
City of MPK Langley AC Replacement Term and Conditions of Sale-Equipment and/or Service 031521 Page 4 of 5
a reasonable profit.
21. CARRIER TERMINATION - Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, stric t liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. GOVERNMENT PROCUREMENTS - The components, equipment and services provided by Carrier are “commercial items” as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are b ased on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no government procurement regulations, such as FARs or DFARs, shall apply to t his Agreement except those regulations expressly accepted in writing by Carrier.
24. HAZARDOUS MATERIALS - Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier enc ounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the proj ect, until such material and any hazards associated with it are abated. The time for Carrier’s perfo rmance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Ag reement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Carrier. CARRI ER’S ACCEPTANCE OF CUSTOMER’S ORDER IS CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THIS “AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS AGREEMENT
AND ALL REFERENCED ATTACHM ENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER AND CUSTOMER, AND
NO AMENDMENT OR MODIFICATION SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE FAILURE OF CARRIER TO OBJECT TO PROVISIONS CONTAINED IN ANY PURCHASE ORDER OR
OTHER DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE TERMS IN THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S PROVISIONS. ANY CONFLICTING OR ADDITIONAL TERMS OR
CONDITIONS SET FORTH BY CUSTOMER IN A PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT BE BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY OBJECTS THERETO.
27. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.
28. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent ac t or omission is filed within four years of the d ate of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contr actor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com or via the following link:
https://www.carrier.com/carrier/en/worldwide/legal/privacy-notice. Each party will comply with applicable data privacy laws governing persona l information collected and processed under this Agreement, including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carr ier. If a party collects or processes personal data from California reside nts under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS – The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre-approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, without limitation, all applicable laws and regulations prohibiting corruption.
32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJUSTMENTS – Carrier will not perform additional work until such time as Carrier
City of MPK Langley AC Replacement Term and Conditions of Sale-Equipment and/or Service 031521 Page 5 of 5
receives a change order, duly executed by each party, setting forth the scope and an agreed upon price for the additional wor k, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. The price of services performed under this Agreement is subject to change due to increases in material costs related to tariffs, import duties, trade policy, epidemics, commodity or material costs, supplier costs, labor costs, or related impacts or market conditions. Such change shall come into effect on thirty (30) days’ prior written notice from Carrier to Customer.
33. OCCUPATIONAL SAFETY AND HEALTH (Service Contracts Only) – Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (“OSHA”) relating in any way to the performance of work under this Agreement, the project or the job site.
34. ANTI-DISCRIMINATION POLICY –The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti-discrimination-harassment-policy-02192021_tcm199-109848.pdf.
35. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
${proposal.acceptance.block}
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Bruggemeyer Library Improvements – Authorize Purchase of 26 New HVAC Units from Carrier Corporation
RECOMMENDATION:
It is recommended that the City Council consider:
1. Waiving the bidding requirement s pursuant to Monterey Park Municipal Code Section 3.20.050(4), and authorizing the City Manager to execute a contract with Carrier Corporation, in a form approved by the City Attorney, not to exceed the listed cost per Council’s selected Option A, B or C to purchase 26 New HVAC Units for the Bruggemeyer Library;
2. Authorizing the Director of Public Works to approve change orders and contingency up to $10,000; and
3. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the extension under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively.
This activity contemplates purchasing equipment only. Subsequent installation and construction will be evaluated separately under CEQA. Accordingly, this activity is exempt from further review.
EXECUTIVE SUMMARY:
The Bruggemeyer Library HVAC units have reached the end of their useful service life and are due for replacement. Capital Improvement Project (“CIP”) No. 95038 – Building Forward Library Facilities Improvements Program allows for the replacement of the City library’s HVAC units. Staff recommends the City Council authorize the City Manager to purchase 26 HVAC units from Carrier Corporation based on one of the options identified, Consent Calendar - 3H
Staff Report
September 18, 2024
plus a contingency amount not to exceed $10,000. The recommendation includes the purchase of equipment only.
BACKGROUND:
Bruggemeyer Library hosts approximately
800 to 1,000 visitors per day and is one of the
City’s designated cooling centers during extreme heat weather conditions. After decades of prolonged use, the Library’s HVAC units have reached the end of their useful service life and require replacement. Through the receipt of grant funds in January 2024 from the California State Library, the City is able to move forward with The Building Forward Library Facilities Improvements Program, which allows for the replacement of 26 HVAC units at Bruggemeyer Library.
Through Sourcewell Contract # 070121 -CAR, effective October 7, 2021, between Sourcewell and Carrier Global Corporation, Carrier Corporation was able to present an equipment quotation to the City for 26 HVAC units with Sourcewell pricing . The City is a member of Sourcewell, a purchasing cooperative that combines the purchasing power of multiple agencies into a cooperative purchasing group to secure lower prices than what a smaller agency may obtain through an individual bid. Sourcewell contracts are competitively solicited and meet public bidding requirements; accordingly, the City Council may authorize the purchase of 26 HVAC units via MPMC § 3.20.050(4) - which allows the City to forego bidding through a purchasing cooperative.
Based on City Council’s request at the August 21st meeting to evaluate all electric options, staff contacted Carrier Corporation and electrical contractors to evaluate this option.
Based on the information and quotes gathered, the following options are available for the City Council to make a decision:
• Option A (in-kind replacements) – This option would replace the existing units with the electric and natural gas option. These units are more efficient than the current units and will still have a reduction on greenhouse gas emissions (GHG).
The current cost for this option is $342,436
• Option B
(hybrid of in-kind and all electric replacements) – This option would focus on replacement of units with all electric units that do not need any additional infrastructure retrofit work. Currently, there are 12-u nits that would meet this requirement. The estimated cost for this option is $353,067 • Option C (all electric replacements) – This option would replace all electric and gas units with only electric units. The current estimated cost would be approximately $511,000. For this option, additional funding would be needed as there is not enough funding in the grant and matching funds to complete all of the work identified in the grant.
Staff Report
September 18, 2024
Staff recommends the City Council authorize the City Manager to purchase 26 HVAC units from Carrier Corporation based on one of the options identified above, plus a contingency amount not to exceed $10,000. The recommendation includes the purchase of equipment only. Staff will solicit bids for the installation of purchased HVAC units and seek City Council approval for award of contract.
2024-25 STRATEGIC PLAN GOAL:
Th
e replacement of the HVAC units at the Bruggemeyer Library supports the City’s goal to maintain Ci ty facil ities to suppo rt the curren t and future need s o f ou r city and community. Additionally, the project will allow for the library to continue to be a designated cooling center during extreme heat weather conditions.
FISCAL IMPACT:
The proposed purchase will be made through gran t fund s from the California State Library, Grant Number BF-23-004 budgeted unde r CIP No. 95038 – Building Forward Library Improvements. There are sufficient funds in CIP 95038 to purchase the proposed in-kind equipment or hybrid of in-kind and all electric equipment, plus contingency amount not to exceed $10,000.00. Howeve r, shou ld the all-electric option be approved, approximately $150,000 will need to be allocated from the gene ral fund to suppo rt this decision. Once the full installation cost is sent out for bid, staff will bring back the item for City Council to approve and allocate the funding.
Respectfully submitted by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENT:
1. Quotation # 0824EMEL1654 – Gas/Electric
2. Quotation # 0924EMEL1676 – Electric
Staff Report
September 18, 2024
ATTACHMENT 1
QUOTATION #0824EMEL 1654 – Gas/Electric
CALIFORNIA COMMERCIAL
205 S Puente St
Brea, CA 92821
(P) (714) 578-5200
EQUIPMENT QUOTATION
«job_name» Subject to attached Terms and Conditions Page 1 of 7
Contact: Skyler Hecox Phone Number:
Company: City of Monterey Park State or Non-State: Sourcewell # 39242 Address: 751 S. Alhambra Ave. Monterey Park,
CA 91754 Services:
Job Name: City of MPK Library Quote Date: 06/05/2024
Job Location: Quote Number: 0824EMEL1654
Sourcewell
Contract Number: 070121-CAR
We at Carrier are pleased to quote the following equipment for the above referenced project in accordance with the above Sourcewell Contract Number and the attached terms and conditions.
Qty Model Number Description Unit Sell Total Sell
3 1259-OA OUTSIDE AIR INTAKE HOOD $156.00 $468.00
3 ADPT-0570-SD-W Welded Adapter $365.00 $1,095.00
1 1-4010-4158 Curb Adapter $2,165.00 $2,165.00
1 1-4010-4008 Curb Adapter $2,165.00 $2,165.00
1 48GCDM14A2A6-0A0A0 Weather Master Gas/Electric Rooftop The following items are included:
1. Two stage cooling
2. 460-3-60
3. 12.5 Tons
4. Low Gas heat
5. Standard
6. Direct drive, EcoBlue, medium static fan
7. Al/Cu cond. coil - Al/Cu evap coil
8. Electro-Mechanical Ctl W7212
$12,046.00 $12,046.00
3 48VLUK240403 PKG YAC G 13.4 SEER2
The following items are included:
9. 40,000 BTU/HR
10. 208/230-1-60V
11. 2 -Tons
12. Ultra Low Nox
$3,129.00 $9,387.00
6 48FCDM12A3A6-0A0A0 WeatherMaker Gas/Electric Rooftop
The following items are included:
13. 460-3-60
14. Low gas heat
15. 10 Tons
16. Single circuit, two stage cooling
17. Standard Packaging
18. Direct drive, EcoBlue, high static fan
19. Al/Cu cond. coil - Al/Cu evap coil
20. Electro-Mechanical Ctl W7212
$9,884.00 $59,304.00
1 48FCDM24A2A6-0A0A0 Gas Heat Packaged Rooftop Unit
The following items are included:
21. Standard Packaging
22. 460-3-60
23. Low Gas heat
24. 20 Tons
25. Two-Stage Cooling single circuit
26. Standard/Medium Static Option - Vertical Models
27. "Round Tube Plate Fin (RTPF) Al/Cu Condenser
Coil, Al/Cu Evaporator Coil"
28. Electro-Mechanical Ctl W7212
$16,617.00 $16,617.00
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 2 of 7
Qty Model Number Description Unit Sell Total Sell
5 48FCDM07A2A6-0A0A0 YAC_STD_6T_460V/3PH/60HZ
The following items are included:
29. 460-3-60
30. Low gas heat
31. 6 Tons
32. Single circuit, two stage cooling
33. Standard Packaging
34. Direct drive, EcoBlue, medium static fan
35. Al/Cu cond. coil - Al/Cu evap coil
36. Electro-Mechanical Ctl W7212
$5,146.00 $25,730.00
4 48FCDM09A2A6-0A0A0 YAC_STD_8.5T_460V/3PH/60HZ
The following items are included:
37. 460-3-60
38. Low gas heat
39. 8.5 Tons
40. Single circuit, two stage cooling
41. Standard Packaging
42. Direct drive, EcoBlue, medium static fan
43. Al/Cu cond. coil - Al/Cu evap coil
44. Electro-Mechanical Ctl W7212
$8,635.00 $34,540.00
1 48FCDM16A2A6-0A0A0 YAC_STD_15T Conv_460V/3PH/60HZ
The following items are included:
45. 460-3-60
46. Low gas heat
47. 15 Tons
48. Single circuit, two stage cooling
49. Standard Packaging
50. Direct drive, EcoBlue, medium static fan
51. Al/Cu cond. coil - Al/Cu evap coil
52. Electro-Mechanical Ctl W7212
$12,283.00 $12,283.00
4 48FCGA06A2A6-0A0A0 YAC_STD_5T_460V/3PH/60HZ
The following items are included:
53. 460-3-60
54. Ultra low NOx low gas heat
55. 5 Tons
56. One stage cooling
57. Standard Packaging
58. Direct drive, EcoBlue, medium static fan
59. Al/Cu cond. coil - Al/Cu evap coil
60. Electro-Mechanical Ctl W7212
$5,220.00 $20,880.00
8 FREIGHT Per Delivery Truck $1,300.00 $10,400.00
1 PECD-SRT05CB-D2DH-
4L1
PE,EC COMPLIANT VERT. W7220 ADB
460/3 MOD 1HP
$6,800.00 $6,800.00
6 PECD-SRT34CB-D2DH-
4L2
PE,EC COMPLIANT VERT. W7220 ADB
460/3 MOD 2HP
$5,110.00 $30,660.00
1 ECC-MRT69CA-D2DH CONVERTIBLE ECONOMIZER, HW
ACTUATOR, ADB, W7220 LOGIC
$3,188.00 $3,188.00
1 PCC-MRT69CA-D-4L4 Power Exhaust $8,755.00 $8,755.00
9 ECD-SRT12CB-D2DH ECONOMIZER, DOWNSHOT, COMPLIANT,
JADE 2 SPEED, ADB
$1,359.00 $12,231.00
4 PECD-SRT34CB-D2DH-
4L1
PE,EC COMPLIANT VERT. W7220 ADB
460/3 MOD 1HP
$5,065.00 $20,260.00
1 PECD-SRT05CB-D2DH-
4L3
PE,EC COMPLIANT VERT. W7220 ADB
460/3 MOD 3HP
$6,169.00 $6,169.00
1 38MBRBQ48AA3 DLS 48K 230V HP CDU,obs use
38MBRCQ48AA3
$4,663.00 $4,663.00
1 40MBABQ48XA3 DLS 48K HP IDU AHU - LC $1,723.00 $1,723.00
Total Net Sell Price including sales tax:$332,435.72
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 3 of 7
QUOTATION NOTES:
(1) Pricing includes only those items identified above. (2) This quote is good for 30 days.
(3) Please refer to the attached Terms and Conditions.
(4) For services, progress billing may be employed.
SPECIAL NOTES:
1. We appreciate your consideration of this quotation and would like to thank you for your interest in Carrier products and services. Should you have any questions concerning the above quotation, please feel free to contact me personally.
ERIC MELENDEZ
CALIFORNIA COMMERCIAL
[email protected]
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 4 of 7
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE
1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Cus tomer or Custo mer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any s uch taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s writte n authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement.
3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking char ge.
Special order and non-stock items cannot be returned.
4. SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate.
Carrier does not guarantee a particular date for shipment or delivery.
5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control and without the fa ult or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Even ts”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re -perform or issue a credit for such service. Carrier’s obligation to repair or replace any defective equipment, parts o r components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shippi ng or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, expo sure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall:
• Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telephone service.
• Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be neces sary to perform the specified service.
• Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. • Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial a nd answer capability.
• Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold, fungi, mildew or bacteria. • Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment t o be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos.
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 5 of 7
10. EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boi ler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjus tments, repairs by others, unscheduled calls or emergency calls, any of which may be neces sitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the even t any such recommendations occur, Carrier, at its option, may submit a proposal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writin g an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does n ot elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.
12. PROPRIETARY RIGHTS (Service Contracts only) - During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non-terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub -license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) resear ch, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such dat a and information has been stored and/or transmitted to Carrier’s servers, Customer a grees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (ii i) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineer any software included with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. CANCELLATION - Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit.
20. CUSTOMER TERMINATION FOR CARRIER NON -PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier’s non-performance provided Carrier fails to cure such non -performance within thirty (30) days after having been given prior written notice of the non -performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier-owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 6 of 7
a reasonable profit.
21. CARRIER TERMINATION - Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, stric t liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. GOVERNMENT PROCUREMENTS - The components, equipment and services provided by Carrier are “commercial items” as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are b ased on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no government procurement regulations, such as FARs or DFARs, shall apply to t his Agreement except those regulations expressly accepted in writing by Carrier.
24. HAZARDOUS MATERIALS - Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier enc ounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the proj ect, until such material and any hazards associated with it are abated. The time for Carrier’s perfo rmance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Ag reement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Carrier. CARRI ER’S ACCEPTANCE OF CUSTOMER’S ORDER IS CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THIS “AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS AGREEMENT
AND ALL REFERENCED ATTACHM ENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER AND CUSTOMER, AND
NO AMENDMENT OR MODIFICATION SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE FAILURE OF CARRIER TO OBJECT TO PROVISIONS CONTAINED IN ANY PURCHASE ORDER OR
OTHER DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE TERMS IN THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S PROVISIONS. ANY CONFLICTING OR ADDITIONAL TERMS OR
CONDITIONS SET FORTH BY CUSTOMER IN A PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT BE BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY OBJECTS THERETO.
27. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.
28. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent ac t or omission is filed within four years of the d ate of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contr actor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com or via the following link:
https://www.carrier.com/carrier/en/worldwide/legal/privacy-notice. Each party will comply with applicable data privacy laws governing persona l information collected and processed under this Agreement, including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carr ier. If a party collects or processes personal data from California reside nts under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS – The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre-approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, without limitation, all applicable laws and regulations prohibiting corruption.
32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJUSTMENTS – Carrier will not perform additional work until such time as Carrier
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 7 of 7
receives a change order, duly executed by each party, setting forth the scope and an agreed upon price for the additional wor k, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. The price of services performed under this Agreement is subject to change due to increases in material costs related to tariffs, import duties, trade policy, epidemics, commodity or material costs, supplier costs, labor costs, or related impacts or market conditions. Such change shall come into effect on thirty (30) days’ prior written notice from Carrier to Customer.
33. OCCUPATIONAL SAFETY AND HEALTH (Service Contracts Only) – Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (“OSHA”) relating in any way to the performance of work under this Agreement, the project or the job site.
34. ANTI-DISCRIMINATION POLICY –The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti-discrimination-harassment-policy-02192021_tcm199-109848.pdf.
35. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
${proposal.acceptance.block}
Staff Report
September 18, 2024
ATTACHMENT 2
QUOTATION #0824EMEL 1676 – Electric
CALIFORNIA COMMERCIAL
205 S Puente St
Brea, CA 92821
(P) (714) 578-5200
EQUIPMENT QUOTATION
«job_name» Subject to attached Terms and Conditions Page 1 of 7
Contact: Skyler Hecox Phone Number:
Company: City of Monterey Park State or Non-State: Sourcewell # 39242 Address: 751 S. Alhambra Ave. Monterey Park,
CA 91754 Services:
Job Name: City of MPK Library Quote Date: 06/05/2024
Job Location: Quote Number: 0924EMEL1676
Sourcewell
Contract Number: 070121-CAR
We at Carrier are pleased to quote the following equipment for the above referenced project in accordance with the above Sourcewell Contract Number and the attached terms and conditions.
Qty Model Number Description Unit Sell Total Sell
1 50FCQM14A2A6-0A0A0 PAC HP 7.5-12.5 TON-STD TIER
The following items are included:
1. 460-3-60
2. 12.5 Tons
3. Single circuit, two stage cooling
4. Standard Packaging
5. Direct drive, EcoBlue, medium static fan
6. Al/Cu cond. coil - Al/Cu evap coil
7. Electro-Mechanical Ctl W7212
$13,118.00 $13,118.00
3 50VT-K24---3 PKG HP G 14 SEER 2T
The following items are included:
8. No Heat
9. 208/230-1-60V
10. 2 -Tons
11. Standard Heat
$3,411.00 $10,233.00
6 50FCQM12A2A6-0A0A0 WeatherMaker Heat Pump Rooftop
The following items are included:
12. 460-3-60
13. 10 Tons
14. Single circuit, two stage cooling
15. Standard Packaging
16. Direct drive, EcoBlue, medium static fan
17. Al/Cu cond. coil - Al/Cu evap coil
18. Electro-Mechanical Ctl W7212
$10,494.00 $62,964.00
1 50FCQM24A3A6-0A0A0 Packaged Rooftop Heat Pump Unit
The following items are included:
19. Standard Packaging
20. 460-3-60
21. 20 Tons
22. Two-Stage Cooling single circuit
23. High Static Option - Vertical Models
24. "Round Tube Plate Fin (RTPF) Al/Cu Condenser Coil, Al/Cu Evaporator Coil"
25. Electro-Mechanical Ctl W7212
$18,855.00 $18,855.00
5 50FCQM07A2A6-0A0A0 HP_STD_6T_460V/3PH/60HZ
The following items are included:
26. 460-3-60
27. 6 Tons
28. Single circuit, two stage cooling
29. Standard Packaging
30. Direct drive, EcoBlue, medium static fan
31. Al/Cu cond. coil - Al/Cu evap coil
$5,478.00 $27,390.00
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 2 of 7
Qty Model Number Description Unit Sell Total Sell
32. Electro-Mechanical Ctl W7212
4 50FCQM09A2A6-0A0A0 PAC HP 7.5-12.5 TON-STD TIER
The following items are included:
33. 460-3-60
34. 8.5 Tons
35. Single circuit, two stage cooling
36. Standard Packaging
37. Direct drive, EcoBlue, medium static fan
38. Al/Cu cond. coil - Al/Cu evap coil
39. Electro-Mechanical Ctl W7212
$9,480.00 $37,920.00
1 50FCQM17A3A6-0A0A0 PHP 15 Ton Std. Effy. - MRT
The following items are included:
40. Standard Packaging
41. 460-3-60
42. 15 Tons
43. Two-Stage Cooling single circuit
44. High Static Option - Vertical Models
45. "Round Tube Plate Fin (RTPF) Al/Cu Condenser Coil, Al/Cu Evaporator Coil"
46. Electro-Mechanical Ctl W7212
$15,842.00 $15,842.00
4 50FCQA06A2A6-0A0A0 HP_STD_5T_460V/3PH/60HZ
The following items are included:
47. 460-3-60
48. 5 Tons
49. One stage cooling
50. Standard Packaging
51. Direct drive, EcoBlue, medium static fan
52. Al/Cu cond. coil - Al/Cu evap coil
53. Electro-Mechanical Ctl W7212
$4,325.00 $17,300.00
1 38MBRBQ48AA3 DLS 48K 230V HP CDU,obs use
38MBRCQ48AA3
$4,663.00 $4,663.00
1 40MBABQ48XA3 DLS 48K HP IDU AHU - LC $1,723.00 $1,723.00
3 1259-OA OUTSIDE AIR INTAKE HOOD $155.00 $465.00
3 ADPT-0570-SD-W Welded Adapter $363.00 $1,089.00
1 1-4010-4158 Curb Adapter $2,164.00 $2,164.00
1 1-4010-4008 Curb Adapter $2,164.00 $2,164.00
1 PECD-SRT05CB-D2DH-
4L1
PE,EC COMPLIANT VERT. W7220 ADB 460/3
MOD 1HP
$6,800.00 $6,800.00
6 PECD-SRT34CB-D2DH-
4L2
PE,EC COMPLIANT VERT. W7220 ADB 460/3
MOD 2HP
$5,110.00 $30,660.00
1 ECC-MRT69CA-D2DH CONVERTIBLE ECONOMIZER, HW
ACTUATOR, ADB, W7220 LOGIC
$3,187.00 $3,187.00
1 PCC-MRT69CA-D-4L4 Power Exhaust $8,753.00 $8,753.00
9 ECD-SRT12CB-D2DH ECONOMIZER, DOWNSHOT, COMPLIANT,
JADE 2 SPEED, ADB
$1,359.00 $12,231.00
4 PECD-SRT34CB-D2DH-
4L1
PE,EC COMPLIANT VERT. W7220 ADB 460/3
MOD 1HP
$5,061.00 $20,244.00
1 PECD-SRT05CB-D2DH-
4L3
PE,EC COMPLIANT VERT. W7220 ADB 460/3
MOD 3HP
$6,167.00 $6,167.00
8 FREIGHT freight $1,300.00 $10,400.00
Total Net Sell Price including sales tax:$346,551.03
QUOTATION NOTES:
(1) Pricing includes only those items identified above. (2) This quote is good for 30 days.
(3) Please refer to the attached Terms and Conditions.
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 3 of 7
(4) For services, progress billing may be employed.
SPECIAL NOTES:
1. We appreciate your consideration of this quotation and would like to thank you for your interest in Carrier products and services. Should you have any questions concerning the above quotation, please feel free to contact me personally.
ERIC MELENDEZ
CALIFORNIA COMMERCIAL
[email protected]
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 4 of 7
CARRIER CORPORATION
TERMS AND CONDITIONS OF SALE – EQUIPMENT AND/OR SERVICE
1. PAYMENT AND TAXES - Payment shall be made net 30 days from date of invoice. Carrier reserves the right to require cash payment or other alternative method of payment prior to shipment or completion of work if Carrier determines, in its sole discretion, that Cus tomer or Custo mer's assignee’s financial condition at any time does not justify continuance of the net 30 days payment term. In addition to the price, Customer shall pay Carrier any taxes or government charges arising from this Agreement. If Customer claims that any s uch taxes or government charges do not apply to the transactions governed by this Agreement, Customer shall provide Carrier with acceptable tax exemption certificates or other applicable documents. All past due invoices will accrue interest at the lesser of 1% per month or the maximum amount allowable by law.
2. EXTRAS - Equipment, parts or labor in addition to those specified in this Agreement will be provided upon receipt of Customer’s writte n authorization, paid for as an extra at Carrier’s prevailing labor rates and equipment/parts charges, and subject to the terms of this Agreement.
3. RETURNS - No items will be accepted for return without prior written authorization. Returned goods may be subject to a restocking char ge.
Special order and non-stock items cannot be returned.
4. SHIPMENT - All shipments shall be F.O.B. shipping point, freight prepaid and allowed to the job site. Shipment dates quoted are approximate.
Carrier does not guarantee a particular date for shipment or delivery.
5. PARTIAL SHIPMENT - Carrier shall have the right to ship any portion of the equipment, goods or other materials included in this Agreement and invoice Customer for such partial shipment.
6. DELAYS - Carrier shall not be liable for delays in manufacturing, shipping or delivery by causes beyond the control and without the fa ult or negligence of Carrier, including but not restricted to acts of God, acts of a public enemy, acts of government, acts of terrorism, fires, floods, epidemics, quarantine restrictions, freight embargoes, supplier delays, strikes, or labor difficulties (collectively “Force Majeure Even ts”). Carrier agrees to notify Customer in writing as soon as practicable of the causes of such delay. In the event that any materials or equipment to be provided by Carrier under this Agreement become permanently unavailable as a result of a Force Majeure Event, Carrier shall be excused from furnishing such materials or equipment.
7. WARRANTY - Carrier warrants that all equipment manufactured by Carrier Corporation and all Carrier equipment, parts or components supplied hereunder will be free from defects in material and workmanship. Carrier shall at its option repair or replace, F.O.B. point of sale, any equipment, part or component sold by Carrier and determined to be defective within one (1) year from the date of initial operation or eighteen (18) months from date of shipment, whichever is earlier. Carrier does not warrant products not manufactured by Carrier Corporation, but it does pass on to Customer any transferrable manufacturer warranties for those products. Carrier warrants that all service provided by Carrier hereunder shall be performed in a workmanlike manner. In the event any such service is determined to be defective within ninety (90) days of completion of that service, Carrier shall at its option re -perform or issue a credit for such service. Carrier’s obligation to repair or replace any defective equipment, parts o r components during the warranty period shall be Customer’s exclusive remedy. Carrier shall not be responsible for labor charges for removal or reinstallation of defective equipment, parts or components, for charges for transportation, handling and shippi ng or refrigerant loss, or for repairs or replacement of such equipment, parts or components, required as a consequence of faulty installation, misapplication, vandalism, abuse, expo sure to chemicals, improper servicing, unauthorized alteration or improper operation by persons other than Carrier. THIS WARRANTY IS GIVEN IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
8. WORKING HOURS - All services performed under this Agreement, including but not limited to, major repairs, are to be provided during Carrier’s normal working hours unless otherwise agreed.
9. CUSTOMER RESPONSIBILITIES (Service Contracts only) - Customer shall:
• Provide safe and reasonable equipment access and a safe work environment. • Permit access to Customer’s site, and use of building services including but not limited to: water, elevators, receiving dock facilities, electrical service and local telephone service.
• Keep areas adjacent to equipment free of extraneous material, move any stock, fixtures, walls or partitions that may be neces sary to perform the specified service.
• Promptly notify Carrier of any unusual operating conditions. • Upon agreement of a timely mutual schedule, allow Carrier to stop and start equipment necessary to perform service. • Provide adequate water treatment.
• Provide the daily routine equipment operation (if not part of this Agreement) including availability of routine equipment log readings. • Where Carrier’s remote monitoring service is provided, provide and maintain a telephone line with long distance direct dial a nd answer capability.
• Operate the equipment properly and in accordance with instructions. • Promptly address any issues that arise related to mold, fungi, mildew or bacteria. • Identify and label any asbestos containing material that may be present. The customer will provide, in writing, prior to the start of a job, a signed statement regarding the absence or presence of asbestos for any job where the building or the equipment t o be serviced is older than 1981. Should this document state that no asbestos is present, the customer will also provide in writing the method used to determine the absence of asbestos.
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 5 of 7
10. EXCLUSIONS - Carrier is not responsible for items not normally subject to mechanical maintenance including but not limited to: duct work, casings, cabinets, fixtures, structural supports, grillage, water piping, steam piping, drain piping, cooling tower fill, boi ler tubes, boiler refractory, disconnect switches and circuit breakers. Carrier is not responsible for repairs, replacements, alterations, additions, adjus tments, repairs by others, unscheduled calls or emergency calls, any of which may be neces sitated by negligent operation, abuse, misuse, prior improper maintenance, vandalism, obsolescence, building system design, damage due to freezing weather, chemical/electrochemical attack, corrosion, erosion, deterioration due to unusual wear and tear, any damage related to the presence of mold, fungi, mildew, or bacteria, damage caused by power reductions or failures or any other cause beyond Carrier’s control. Carrier shall not be required to perform tests, install any items of equipment or make modifications that may be recommended or directed by insurance companies, government, state, municipal or other authority. However, in the even t any such recommendations occur, Carrier, at its option, may submit a proposal for Customer’s consideration in addition to this Agreement. Carrier shall not be required to repair or replace equipment that has not been properly maintained.
11. EQUIPMENT CONDITION & RECOMMENDED SERVICE (Service Contracts only) - Upon the initial scheduled operating and/or initial annual stop inspection, should Carrier determine the need for repairs or replacement, Carrier will provide Customer in writin g an ‘equipment condition’ report including recommendations for corrections and the price for repairs in addition to this Agreement. In the event Carrier recommends certain services (that are not included herein or upon initial inspection) and if Customer does n ot elect to have such services properly performed in a timely fashion, Carrier shall not be responsible for any equipment or control failures, operability or any long-term damage that may result. Carrier at its option will either continue to maintain equipment and/or controls to the best of its ability, without any responsibility, or remove such equipment from this Agreement, adjusting the price accordingly.
12. PROPRIETARY RIGHTS (Service Contracts only) - During the term of this Agreement and in combination with certain services, Carrier may elect to install, attach to Customer equipment, or provide portable devices (hardware and/or software) that shall remain the personal proprietary property of Carrier. No devices installed, attached to real property or portable device(s) shall become a fixture of the Customer locations. Customer shall not acquire any interest, title or equity in any hardware, software, processes, and other intellectual or proprietary rights to devices that are used in connection with providing service on Customer equipment.
13. DATA RIGHTS (Service Contracts only) - Customer hereby grants and agrees to grant to Carrier a worldwide, non-exclusive, non-terminable, irrevocable, perpetual, paid-up, royalty free license to any Source Data, with the right to sub -license to its affiliates and suppliers for (i) Carrier’s performance of services pursuant to this Agreement, (ii) the improvement of Carrier services, and Carrier’s Analytics Platform; (iii) improving product performance, operation, reliability, and maintainability; (iv) to create, compile, and/or use datasets and/or statistics for the purposes of benchmarking, development of best practices, product improvement; (v) the provision of services to third parties, (vi) resear ch, statistical, and marketing purposes, and/or (vii) in support of Carrier agreements.
Source Data – shall mean data that is produced directly from a system, or device and received at a collection point or a central server (e.g. a Carrier database, data lake, or third party cloud service).
Analytics Platform – shall mean server algorithms or web interface systems used to (i) interpret, convert, manipulate, or calculate data, (ii) perform data processing, and/or (iii) the delivery of data to Carrier, affiliates or suppliers of Carrier, and/or Customer.
14. RETURN OF DATA (Service Contracts only) - Customer understands and acknowledges that the portable devices will collect Source Data that will be stored on and/or transmitted to Carrier’s servers and to suppliers or affiliates that are contracted by Carrier and used to transmit, process, extract or store such Source Data for purposes of Carrier’s performance of the service in accordance with this Agreement. Once such dat a and information has been stored and/or transmitted to Carrier’s servers, Customer a grees that such data and information shall become part of Carrier’s database and therefore subject to the license terms under section 13.
15. DATA DELIVERY - During the term of the Agreement Customer shall (i) make reasonable efforts to ensure that the hardware remains powered on, (ii) avoid intentional action to impede, block or throttle collection and transmission of Source Data by Carrier, and (ii i) avoid intentional action to disable, turn off, or remove the hardware without Carrier’s express written consent, which consent shall not be unreasonably withheld.
16. REVERSE ENGINEERING - Customer shall not extract, decompile or reverse engineer any software included with, incorporated in, or otherwise associated with the hardware and shall not reverse engineer any reports or analytics provided to or received by Customer from Carrier.
17. WAIVER OF DAMAGES - Under no circumstances shall Carrier be liable for any indirect, incidental, special or consequential damages, including loss of revenue or profit, loss of use of equipment or facilities, loss of data, or economic damages howsoever arising.
18. LIMITATION OF LIABILITY - Carrier’s maximum liability for any reason (except for personal injuries) arising from this Agreement shall not exceed the value of the payments received by Carrier under this Agreement.
19. CANCELLATION - Customer may cancel this Agreement only with Carrier’s prior written consent, and upon payment of reasonable cancellation charges. Such charges shall take into account costs and expenses incurred, and purchases or contract commitments made by Carrier and all other losses due to the cancellation including a reasonable profit.
20. CUSTOMER TERMINATION FOR CARRIER NON -PERFORMANCE - Customer shall have the right to terminate this Agreement for Carrier’s non-performance provided Carrier fails to cure such non -performance within thirty (30) days after having been given prior written notice of the non -performance. Upon early termination or expiration of this Agreement, Carrier shall have free access to enter Customer locations to disconnect and remove any Carrier personal proprietary property or devices as well as remove any and all Carrier-owned parts, tools and personal property. Additionally, Customer agrees to pay Carrier for all incurred but unamortized service costs performed by Carrier including overheads and
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 6 of 7
a reasonable profit.
21. CARRIER TERMINATION - Carrier reserves the right to discontinue its service any time payments have not been made as agreed or if alterations, additions or repairs are made to equipment during the term of this Agreement by others without prior agreement between Customer and Carrier.
22. CLAIMS - Any lawsuits arising from the performance or nonperformance of this Agreement, whether based upon contract, negligence, stric t liability or otherwise, shall be brought within one (1) year from the date the claim arose.
23. GOVERNMENT PROCUREMENTS - The components, equipment and services provided by Carrier are “commercial items” as defined in Section 2.101 of the Federal Acquisition Regulations ("FAR"), and the prices of such components, equipment and services are b ased on Carrier's commercial pricing policies and practices (which do not consider any special requirements of U.S. Government cost principles, FAR Part 31, or any similar procurement regulations). As such, Carrier will not agree to provide or certify cost or pricing data, nor will Carrier agree to comply with the Cost Accounting Standards (CAS). In addition, no government procurement regulations, such as FARs or DFARs, shall apply to t his Agreement except those regulations expressly accepted in writing by Carrier.
24. HAZARDOUS MATERIALS - Carrier is not responsible for the identification, detection, abatement, encapsulating or removal of asbestos, products or materials containing asbestos, similar hazardous substances, or mold, fungi, mildew, or bacteria. If Carrier enc ounters any asbestos or other hazardous material while performing this Agreement, Carrier may suspend its work and remove its employees from the proj ect, until such material and any hazards associated with it are abated. The time for Carrier’s perfo rmance shall be extended accordingly, and Carrier shall be compensated for the delay.
25. WASTE DISPOSAL - Customer is wholly responsible for the removal and proper disposal of waste oil, refrigerant and any other material generated during the term of this Agreement.
26. SUPERSEDURE, ASSIGNMENT and MODIFICATION - This Agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all previous or contemporaneous, oral or written, statements. Customer may assign this Ag reement only with Carrier’s prior written consent. No modification to this Agreement shall be binding unless in writing and signed by both parties. Orders shall be binding upon Carrier when accepted in writing by an authorized representative of Carrier. CARRI ER’S ACCEPTANCE OF CUSTOMER’S ORDER IS CONDITIONED UPON CUSTOMER’S ACCEPTANCE OF THE TERMS AND CONDITIONS SET FORTH HEREIN (THIS “AGREEMENT”) AND CUSTOMER’S AGREEMENT TO BE BOUND BY AND COMPLY WITH THIS AGREEMENT. THIS AGREEMENT
AND ALL REFERENCED ATTACHM ENTS CONSTITUTE THE ENTIRE AGREEMENT BETWEEN CARRIER AND CUSTOMER, AND
NO AMENDMENT OR MODIFICATION SHALL BE BINDING ON CARRIER UNLESS SIGNED BY AN OFFICER OR AUTHORIZED EMPLOYEE OF CARRIER. THE FAILURE OF CARRIER TO OBJECT TO PROVISIONS CONTAINED IN ANY PURCHASE ORDER OR
OTHER DOCUMENT OF CUSTOMER SHALL NOT BE CONSTRUED AS A WAIVER BY CARRIER OF THE TERMS IN THIS AGREEMENT OR AN ACCEPTANCE OF ANY OF CUSTOMER’S PROVISIONS. ANY CONFLICTING OR ADDITIONAL TERMS OR
CONDITIONS SET FORTH BY CUSTOMER IN A PURCHASE ORDER OR OTHER DOCUMENT SHALL NOT BE BINDING UPON CARRIER, AND CARRIER HEREBY EXPRESSLY OBJECTS THERETO.
27. CUSTOMER CONSENT - Customer consents and agrees that Carrier may, from time to time, publicize Carrier related projects with Customer, including the value of such projects, in all forms and media for advertising, trade, and any other lawful purposes.
28. FOR WORK BEING PERFORMED IN CALIFORNIA - Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent ac t or omission is filed within four years of the d ate of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contr actor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
29. INTELLECTUAL PROPERTY – Notwithstanding anything to the contrary stated herein, Carrier retains ownership of its intellectual property and no license to Carrier’s intellectual property is granted except as necessary for Customer to use any deliverables and/or services provided hereunder.
30. DATA PRIVACY – Carrier processes personal data in accordance with its privacy notice at Carrier.com or via the following link:
https://www.carrier.com/carrier/en/worldwide/legal/privacy-notice. Each party will comply with applicable data privacy laws governing persona l information collected and processed under this Agreement, including the California Consumer Privacy Act and the European General Data Protection Regulation, and take all reasonable commercial and legal steps to protect personal data. If Customer provides Carrier with personal data, Customer will ensure that it has the legal right to do so, including notifying the individuals whose personal data it provides to Carr ier. If a party collects or processes personal data from California reside nts under this Agreement, such party is a “Service Provider” under the CCPA, and will not sell or exchange such personal data for anything of value.
31. FACTORY ACCEPTANCE TESTS AND INSPECTIONS – The nature and extent of factory acceptance tests or factory inspections, including without limitation, the number and identity of participants, locations visited, and activities undertaken, shall be limited to activities directly related to the performance of this Agreement. The tests or inspections will be subject to mutual agreement of the parties, Carrier policy and internal pre-approval requirements, and strictly comply with Customer’s policies as well as all applicable laws and regulations including, without limitation, all applicable laws and regulations prohibiting corruption.
32. CHANGE ORDER / ADDITIONAL WORK / PRICE ADJUSTMENTS – Carrier will not perform additional work until such time as Carrier
City of MPK HVAC unit Selection Term and Conditions of Sale-Equipment and/or Service 031521 Page 7 of 7
receives a change order, duly executed by each party, setting forth the scope and an agreed upon price for the additional wor k, as well as any appropriate adjustments to the delivery schedule. Additional work and/or materials supplied under any change order shall be subject to the terms of this Agreement. The price of services performed under this Agreement is subject to change due to increases in material costs related to tariffs, import duties, trade policy, epidemics, commodity or material costs, supplier costs, labor costs, or related impacts or market conditions. Such change shall come into effect on thirty (30) days’ prior written notice from Carrier to Customer.
33. OCCUPATIONAL SAFETY AND HEALTH (Service Contracts Only) – Carrier and Customer agree to notify each other immediately upon becoming aware of an inspection under, or any alleged violation of, the Occupational Safety and Health Act (“OSHA”) relating in any way to the performance of work under this Agreement, the project or the job site.
34. ANTI-DISCRIMINATION POLICY –The Carrier Fostering a Respectful and Safe Work Environment policy is incorporated into these terms via this link:
https://www.carrier.com/commercial/en/us/media/carrier-anti-discrimination-harassment-policy-02192021_tcm199-109848.pdf.
35. EQUIPMENT RENTALS – If all or a portion of this Agreement is for equipment rental, the Carrier Rental Systems Master Terms and Conditions – Rental, available at
https://www.carrier.com/rentals/en/us/rental-equipment/rental-forms/, shall apply to the rental equipment.
${proposal.acceptance.block}
City Council Staff Report
DATE
: September 18, 2024
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Chris Thompson, Fire Chief
SUBJECT: Fire Station 63 Upgrades and Remodel
RECO
MMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution to add Fire Station 63 upgrades and remodel to the Fiscal Year 2024-25 Capital Improvement Program;
2. Appropriating $2 million in State funds for the proposed Capital Improvement Project; and
3. Taking such additional, related, action that may be desirable.
EXECU
TIVE SUMMARY:
In October 2023, Assemblymember Mike Fong announced he had secured $2 million in funding from the California 2023-24 State budget for the reconstruction of Fire Station 63.
The state funds will be used for the design, demolition and reconstruction of Fire Station
63. BACKGRO
UND:
Built in 1958, Fire Station 63 is one of the oldest fire stations in the San Gabriel Valley .
Due to its age, Fire Station 63 is beginning to exceed its useful life and does not meet the needs of a modern fire department. Over the years, the station has experienced some damage from earthquakes, resulting in cracked floors and shifts in the foundation, which pose a safety issue for staff. Similarly, the building was constructed over 66 years ago, and needs modernized accommodations, such as gender -inclusive showers, restrooms and living quarters.
St
aff estimates the Fire Station 63 upgrades will be a multi -year project, similar to the recently completed Fire Station 62. The money from Assemblymember Mike Fong wil l assist staff in the design, and project management portion of the project, as well as partially assist with the construction portion. Based on the cost of Fire Station 62’s design, management, construction, and including inflation, staff estimates the total cost of Fire Station 63 upgrades to be between $6 and $7 million. The total cost of the project is dependent on various factors such as design requirements, staff relocation, site- specific conditions and construction costs. Knowing there is a gap in funding, staff will be looking for other sources of funding to ensure the project is completed.
Consent Calendar - 3I
Staff Report
Insert Date of Council meeting
Staff is seeking Council approval to add the design, demolition and reconstruction of Fire Station 63 to the FY 2024- 25 CIP list. As staff researches and identifies tasks related to Fire Station 63, it will be brought back to Council for approval. 2024-25 S
TRATEGIC PLAN GOAL:
This item meets the City’s strategic goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our city and community. The planned upgrades at Fire Station 63 will ensure the fire station has the needed facilities and amenities to protect staff and the community.
FISCAL
IMPACT:
Staff is requesting the $2 million be appropriated to the FY 2024-25 Capital Improvement Projects from Grant Funds for the design, demolition and reconstruction of Fire Station 63 upgrades.
Respectfully submitted by: Prepared by:
Chris Thompson
Fire Chief
Rebecca Bojorquez
Principal Management Analyst
Approved by:
APPROVED AS TO FORM: Karl H. Berger,
City
Attorney
Reviewed by:
Inez Alvarez
City Manager Solange Fortenbach
Deputy City Attorney
ATTACHME
NT:
1. Resolution
Staff Report
September 18, 2024
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION AMENDING RESOLUTION NO. 2024-R48 TO ADD FIRE STATION 63 UPGRADES TO THE CAPITAL IMPROVEMENT PLAN (“CIP”)
AND FINDING SUCH AMENDMENT CONFORMS WITH THE GENERAL
PLAN.
BE IT RESOLVED by the City Council of the city of Monterey Park as follows:
SECTION 1:
The City Council finds and declares as follows:
A. Pursuant to Monterey Park Municipal Code (“MPMC”) § 2.56.020(B), the City Council is the Monterey Park Planning Agency for purposes of this Resolution.
B. The Fire Station 63 Upgrades were not previously included within the Capital Improvement Plan (“CIP”) as approved by Resolution No. 2024-R48 on June 18, 2024.
C. This Resolution amends Resolution No. 2024-R48 to add the Projects to the CIP.
D. The City reviewed this Resolution’s environmental impacts under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”), the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et set., the “CEQA” Guidelines”), and the City’s Environmental Guidelines.
E. This Resolution is adopted based upon the entirety of the administrative record including, without limitation, the staff report submitted by the Fire Chief.
SECTION 2: Findings. Pursuant to Government Code § 65401, the City Council finds the CIP, as amended by adding Project, is consistent with the Monterey Park General Plan.
Among other things, the CIP meets the following goals in the General Plan:
• Goal 1.0 of the Safety Element: Capacity to respond effectively to emergencies and is prepared for unavoidable disasters
• Goal 18.0 of the Safety Element: Provide residents and the business community with a high level of fire protection
SECTION 3: D
esign Immunity; City Engineer . The City Council wishes to obtain the immunities set forth in Government Code § 830.6 regarding the plans and construction of the Projects. Accordingly, in addition to the other projects in the CIP, the City Council authorizes the City Engineer to exercise discretionary approval for plans or designs for the Projects in advance of the construction or improvement as set forth in Resolution No. 2024-R48.
SECTION 4: Environmental Assessment . The City reviewed the environmental impacts of the Project under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal.
Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guidelines §§ 15060(c)(2), 15061(b)(3), and 15378 exempt activities that will not result in a direct or reasonably foreseeable indirect physical change in the environment, activities where there is possibility that it may have a significant effect on the environment, and activities that do not constitute a “project” as defined, respectively. This activity is primarily a legislative tool to assess legislative and budgetary priorities and does not approve any of the specific projects for construction, and therefore does not have the potential to have a significant effect on the environment. Accordingly, no further review is required.
SECTION 5: N
otice of Exemption. The Director of Public Works, or designee, is directed to file a Notice of Exemption in accordance with CEQA §§ 15062, and any other applicable law.
SECTION 6 : L
imitations. The City Council’s analysis and evaluation of the project is based on the best information currently available. It is inevitable that in evaluating a project that absolute and perfect knowledge of all possible aspects of the project will not exist. One of the major limitations on analysis of the project is the City Council’s lack of knowledge of future events. In all instances, best efforts were made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to solve what are in effect regional, state, and national problems and issues. The City must work within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 7: S
ummaries of Information. All summaries of information in the findings, which precede this section, are based on the substantial evidence in the record. The absence of any particular fact from any such summary is not an indication that a particular finding is not based in part on that fact.
SECTION 8:
Construction. This Resolution must be broadly construed to achieve the purposes stated in this Resolution. It is the City Council’s intent that the provisions of this Resolution be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Resolution.
SECTION 9 :
Severability. If any part of this Resolution or its Application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Resolution are severable.
SECTION 10: E
lectronic Signatures. This Resolution may be executed with electronic signatures in accordance with Government Code §16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature.
SECTION 11: Recordation. The Mayor, or presiding officer, is authorized to sign this Resolution signifying its adoption by the City Council of the City of Monterey Park and the City Clerk, or her duly appointed deputy, may attest thereto SECTION 12: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
PASSED AN
D ADOPTED this 18th day of September, 2024.
__ __________________________
Thomas Wong, Mayor
ATTEST:
______________________________
Maychelle Yee, City Clerk
APPROVED AS TO FORM: Karl H.
Berger, City Attorney
_____________________________
Solange Fortenbach, Deputy City
Attorney
4882-0830-8877 v2
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Public Works Director
SUBJECT: Russell Reservoir 1A Rehabilitation Project – Award of Public Works Contract to Crosno Construction Inc.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Authorizing the City Manager to execute a public works contract, in a form approved by the City Attorney, with Crosno Construction Inc. in the contract amount of $2,168,516 for the Russell Reservoir 1A Rehabilitation Project;
2. Authorizing the Public Works Director to approve change orders not to exceed $325,277 over the total contract amount;
3. Authorizing the City Manager to execute a Professional Services Agreement, in a form approved by the City Attorney, with SA Associates in the contract amount of $120,000 for Project Support Services for Russell Reservoir 1A Rehabilitation Project; and,
4. Taking such additional, related action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). CEQA Guideline § 15301(c) (Existing Facilities) exempts the operation, repair, maintenance, alteration of existing public or private structures which involve negligible or no expansion of existing or former use. The proposed work will occur entirely within an existing structure. Accordingly, no further environmental review is required.
EXECUTIVE SUMMARY
Per Resolution No. 2023-R52, the Public Works Director solicited bids for the Russell Reservoir 1A Rehabilitation project, Capital Improvement Project (“ CIP”) No. 99007 (Specification No. 2022- 009). Russell Reservoir 1A Rehabilitation project includes the application of protective coatings to interior surfaces and paint to exterior surfaces, including surface preparation, handling of hazardous and non-hazardous materials/wastes, disinfection of interior surfaces and additions, replacement and modification of miscellaneous structural items to bring the structure into compliance with current safety and health codes, standards and regulations.
Consent Calendar - 3J
Staff Report
September 18, 2024
The public bid opening for the Russell Reservoir 1A Rehabilitation project was held on August 28, 2024. Two bids were received: Crosno Construction, and Capital Industrial Coating. It is recommended that City Council authorize the City Manager to execute a Public Works contract with Crosno Construction, Inc., the lowest responsible bidder , for the Russell Reservoir 1A Rehabilitation in the amount of $2,168,516, plus a contingency amount not to exceed $325,277.
Additionally, it is recommended that City Council authorize the City Manager to execute a Professional Services Agreement with SA Associates for project support services including construction assistance, general inspection services, and coating and painti ng quality control inspection in the amount of $120,000.
BACKGROUND
The proposed work includes upgrades to Russell Reservoir 1A including the protective coating to interior surface and other related deferred maintenance upgrades such access improvements and valve replacements.
The public works bid was opened on August 28, 2024, and includes the following bids:
RANK BIDDER BASE BID AMOUNT
1 Crosno Construction, Inc. $ 2,168,516
2 Capital Industrial Coatings,
LLC. $3,207,859
The bid submitted by Crosno Construction, Inc. is the lowest responsive bid from a responsible bidder. Crosno Construction Inc. ’ contractor's license was verified with the California State Contractor’s License Board to be current, active and in good standing.
Registration with the California Department of Industrial Relations (DIR) was verified.
Staff also checked the contractor’s references and received positive feedback.
It is recommended that the City Council awards the project to Crosno Construction, Inc. for a total of $2,168,516, plus a contingency not to exceed $325,277.
Additionally, it is recommended that City Council authorize the City Manager to execute a Professional Services Agreement with SA Associates for project support services including construction assistance, general inspection services, and coating and painti ng quality control inspection in the amount of $120,000.
2024-25 STRATEGIC PLAN GOAL:
This project meets the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our city and community as it aims to improvement conditions of Russell Reservoir 1A including the protective coating to interior surface and other related deferred maintenance upgrades such access improvements and valve replacements.
Staff Report
September 18, 2024
FISCAL IMPACT
The proposed project is budgeted in the 202 4-2025 fiscal year Capital Improvement Program under CIP 99007 funded by Water Bond funds. The total estimated project cost for this project is $2, 710,645 including the contract amount, professional services agreement, contingency, construction management and inspection, and project support services. There are sufficient funds in CIP 99007 for the proposed project.
CIP 99007 – Russell Reservoir 1A Rehabilitation
Russell Reservoir 1A Improvements $2,168,516
Contingency (not to exceed) $325,277
Construction management/Construction Inspection $216,852 Total Estimated Project Cost $2,710,645
Respectfully submitted and prepared by: Reviewed by:
Shawn Igoe
Director of Public Works
Martha Garcia
Director of Finance
Approved by: Approved as to form: Karl H. Berger, City
Attorney
Reviewed by:
Inez Alvarez
City Manager
Solange Fortenbach
Deputy City Attorney
Staff Report
September 18, 2024
ATTACHMENTS
1. Crosno Construction Proposal – Russell Reservoir 1A Improvements
2. SA Associates Proposal – Project Support Services
Staff Report
September 18, 2024
ATTACHMENT 1
Crosno Construction Inc.
Russell Reservoir 1A Rehabilitation
Staff Report
September 18, 2024
ATTACHMENT 2
SA Associates Proposal
Project Support Services
1130 W. Huntington Drive, Unit 12, Arcadia, CA 91007 TEL 626.821.3456 FAX 626.445.1461
August 23, 2024
Ziad Mazboudi
Interim City Engineer
City of Monterey Park
320 W. Newmark Avenue
Monterey Park, CA 91754
Subject: Proposal for Inspection Services for Russell 1A Reservoir
Dear Ziad:
We are pleased to submit our proposal to provide engineering Inspection Services for Russell 1A Reservoir.
The 3 MG welded steel tank is located on a City -owned site in Monterey Park and is designated as the Russell 1A Reservoir. The dimensions of the tank are 150 ft. in diameter by 24 ft. high
We will be utilizing the services of Harper & Associates Engineering, Inc. (HAE). HAE is a corrosion and tank structural consulting engineering firm for water and wastewater facilities, operating since 1979. They specialize in services for water storage tanks.
SCOPE OF WORK
The work includes application of protective coatings to interior surfaces and paint to exterior surfaces, including surface preparation, handling of hazardous and nonhazardous materials/wastes, disinfection of interior surfaces and additions, replacement and modification of miscellaneous structural items to bring the structure into compliance with current safety and health codes, standards and regulations, and other work necessary to accomplish the approved end result of totally protected and usable structures, including attachments, accessories and appurtenances.
The construction schedule is 90 working days.
Construction Management will be provided by the City.
A. CONSTRUCTION ASSISTANCE
1. Attend the Pre -Construction Meeting to discuss all aspects of contractor's questions and clarifications of project.
2. Assist City in review and approval of Contractor submittals and project procedures.
3. Provide telephone liaison with the Contractor and City regarding requests for information and change orders, as required.
4. Review all contractor invoices and make recommendations to the City for payment of contractor as appropriate.
B. GENERAL INSPECTION SERVICES
1. Daily Inspection Activity Reports: Reports shall identify daily start and stop time, size of contractor’s crew, equipment used, visitors to jobsite, climatic conditions throughout the day, quantity of materials used, work accomplished, periods of Contractor down time and cause, inspection procedures used and results, verification and recording of surface preparation, coating material “batch numbers” mixing, thinning, application, and thickness. All entries shall be dated and timed.
a. Pictures shall be taken at key points in the project documenting the progress of the work. b. Daily inspection reports, including diagrams of the coating work accomplished, shall be submitted to the City.
City of Monterey Park
Proposal for Inspection Services for Russell 1A Reservoir August 23, 2024
2. Structural Inspection : Provide general inspection as -needed services for all structural modifications.
3. Notify City if out-of-scope work is required prior to the Contractor performing the work.
4. Observe the Contractor for compliance with site and job safety requirements. Inform City of any concerns or problems concerning site or job safety observed. Direct the Contractor to comply with all safety orders.
5. Observe and note all deliveries of materials, with respect to the Contractor’s conformance to the contract documents and shop drawings.
C. COATING AND PAINTING QUALITY CONTROL INSPECTION
1. Surface Preparation : Physical inspection of blast cleaned surfaces to verify compliance with specification, removal of dust, etc. Weather conditions will be verified by use of a sling psychrometer to determine suitability of climatic conditions prior to and during all blast cl eaning operations. Surface will be observed throughout cleaning operations to determine compliance with specifications.
2. Prime Coat Inspection : After approval of surface preparation, ongoing inspection monitors weather condition, Contractor's application equipment and its operation, mixing of primer and physical inspection of prime coat application, including spray techniques, cleanliness of surface, thickness, etc.
3. Finish Coats(s) Inspection : After approval of prime coat application, ongoing inspection monitors weather condition, Contractor's application equipment and its operation, mixing of primer and physical inspection of prime coat application, including spray techniques, cleanliness of surface thickness, etc.
a. Procedures outlined above are repeated during application of additional coats, including careful examination of areas where cleaning penetrated coating film to verify edges of film have not lifted, curled, etc. Where defects exist additional cleaning will be performed to bring the area into compliance with specification and area will be recoated as required.
4. Final Inspection: Requires input at conclusion of finish coatings to ensure application and dry film thickness are in complete conformance to specification. a. Dry Film Thickness Testing: Dry film thickness measurements will be performed as deemed necessary to accurately determine the thickness. After completion of the testing and after the Contractor has recoated all the deficient areas, tests on the recoated areas will be repeated until the minimum dry film thickness is obtained. b. Holiday Detection: After completion of dry film thickness testing, all surfaces will be holiday detected, utilizing the specified detector. All marked areas are then to be repaired and holiday detection performed again. Re-detection and marking will continue until the surface is holiday-free.
PROJECT TEAM
Project Manager Krista Harper, PE, Harper & Associates, Inc.
QA/AC Shahnawaz Ahmad, PE, SA Associates
Structural Inspector Jakob Harper, Harper & Associates. Inc.
NACE II Coating Inspector Benjamin Olmstead, Harper & Associates, Inc.
City of Monterey Park
Proposal for Inspection Services for Russell 1A Reservoir August 23, 2024
NACE III Coating Inspector Dennis Pazmino, Harper & Associates, Inc.
Brief bios are attached.
FEE ESTIMATE
1. Our fee to provide the services listed above page will be $120,000. Our breakdown by task is as follows:
TASK FEE
A. Construction Assistance $ 10,000
B. General Inspection Services $ 15,000
C. Coating and Painting Quality Control Inspection $ 95,000 Total $120,000
2. The services will be provided in accordance with our Hourly Charge Rate and Expense Reimbursement Schedule, as follows:
HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
Position Hourly Rates
Project Manager $ 230.00
Quality Assurance/Quality Control $ 230.00
Engineer $ 185.00
Structural Inspector $ 150.00
NACE Inspector $ 140.00
CAD Designer $ 112.00
Secretary $ 102.00
Reimbursable In-House Costs
Photo Copies $ 0.15/each
Blueprints $ 0.50/S.F
Vehicle mileage, between engineer's office and project
site and/or client offices, will be billed at
$ 0.67/mile
Other Reimbursables
Reproduction, special photograph, printing, and any other services performed by subcontractor will be billed at
cost + 15%
Postage Delivery Service, Express Mail cost + 15%
NOTE: All rates listed above are effective to June 30, 2025.
City of Monterey Park
Proposal for Inspection Services for Russell 1A Reservoir August 23, 2024
Thank you for the opportunity to submit this proposal. If there are any questions or if you desire additional information, please contact me.
Very truly yours,
Shahnawaz Ahmad, P.E., President
SA Associates
Tel 626.821.3456
[email protected]
Attachments:
• Brief Biographies
City of Monterey Park
Proposal for Inspection Services for Russell 1A Reservoir August 23, 2024
SHAHNAWAZ AHMAD, P.E., QSD
Quality Assurance/Quality Control (SA Associates)
Mr. Ahmad founded SA Associates in 1989, creating a civil engineering firm focused on city, county , and municipal agencies and is a registered civil engineer. Mr. Ahmad has over 40 years’ experience. Currently he is involved with projects on water and sewer system master planning; water resources; water supply and treatment; water reuse; wastewater collection, treatment, and disposal; storm drainage; design of water and wastewater treatment plants, water pipelines, sewers, pumping stations, wells, storage reservoirs, and water reclamation systems; studies of water and wastewater treatment processes; and industrial waste problems.
KRISTA HARPER, P.E
Project Manager (Harper & Associates Engineering, Inc.)
Ms. Harper, Vice President and Principal Engineer of Harper & Associates Engineering, Inc., is a registered civil engineer (C71280). She has been working for the past 25 years extensively in corrosion and structural engineering projects, primarily related to steel and concrete tank evaluations and rehabilitations. Ms.
Harper is responsible for quality assurance/quality control for all aspects of the firm including analysis of corrosion proble ms, preparation of specifications and plans, construction management, maintenance programs, inspection, and coordination with clients. Ms. Harper is the past chairman of the AWWA Tanks, Reservoirs and Structures Maintenance Committee and a member of NACE and other industry related organizations.
JAKOB HARPER
Structural Inspector/Engineer, NACE I (Harper & Associates Engineering, Inc.)
Mr. Harper has been an Engineer for Harper & Associates since 2020. He provides engineering services for water tanks and wastewater treatment plants. In addition, Mr. Harper assists in conducting field evaluations and preparing and editing technical specifications and plans for a variety of projects including water tanks, wastewater treatment plants, pipelines, and pressure vessels. He is also a Certified Diver.
BENJAMIN OLMSTEAD
Coating Inspector, NACE II (Harper & Associates Engineering, Inc.)
Mr. Olmstead has been a Quality Control Inspector for Harper & Associates since 2018 and has 12 years of experience . Before this , he worked in the painting industry. His experience includes inspecting in wastewater facilities, potable water reservoirs, and commercial buildings.
BENJAMIN PAZMINO
Coating Inspector, NACE III (Harper & Associates Engineering, Inc.) Mr. Pazmino has been a Quality Control Inspector for Haper & Associates since 2017. His experience includes working in wastewater facilities, potable water reservoirs, and commercial buildings. He is a NACE III inspector the highest qualification attainable. He is also part of the HAE dive team.
City Council Staff Report
DATE: September 18, 2024
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Jessica Serrano, Director of Community Development SUBJECT: A public hearing to consider approval of the construction and subdivision of air rights for a 64 -unit condominium development (“Project”) on the real property located at 338 – 410 South Alhambra Avenue, also identified by Assessor’s Parcel Numbers 5259 -004-036, 5259-004-037, and 5259-004-038.
RECOMMENDATION:
It is recommended that the City Council consider:
1. Opening the public hearing and taking testimonial and documentary evidence;
2. Receiving documentary and testimonial evidence;
3. Closing the public hearing;
4. After considering the evidence received during the public hearing for the construction and subdivision of air rights for a 64-unit condominium development:
(1) adopting a resolution to adopt a Mitigated Negative Declaration (“MND”) (State Clearing House Number 2024051026) and approving Tentative Map No. 84188 (“TM-23-05”), Design Review (“DRB-23-105”); and (2) introducing and waiving the first reading of an ordinance approving Development Agreement ( “DA-23-03”) ; and
5. Taking such additional, related, action that may be desirable.
CEQA (California Environmental Quality Act):
The City reviewed the environmental impacts of the Project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines”). An initial study was prepared in accordance with the CEQA Guidelines § 15063 (“IS”) which shows that, if mitigated, the Project would not cause any significant environmental impacts. Accordingly, pursuant to CEQA § 21091, the City prepared a Mitigated Negative Declaration (“MND”) of environmental impacts for the Project. Based on the IS findings, and with proposed mitigation measures for air quality, biological resources, cultural resources, geology and soils, and noise, the Project would not result in significant environmental impacts.
The IS, MND and a notice of intent to adopt the MND was prepared, circulated, and made available for public review between Thursday, May 23, 2024, and Wednesday, June 12, Public Hearing - 4A
Staff Report
September 18, 2024
2024. During this period, the City received 32 comments in support of the project and 35 comments protesting the project. While many of the comments received did not include CEQA related issues, those that did were evaluated and incorporated into the MND a s appropriate. Accordingly, no further environmental review is required.
BOARD/COMMISSION REVIEW:
On August 27, 2024 the Planning Commission reviewed the project and adopted a resolution recommending the City Council approve TM-23-05, DRB-23-105, and DA-23- 03 for the construction and subdivision of air rights for a 64 -unit condominium development and its MND (collectively the “Project”). It was further recommended that a condition be added to minimize effects to traffic, noise and air quality during construction of the Project. The Commission approved by a 4-0 vote, with 1 member abstaining.
EXECUTIVE SUMMARY:
The proposed project is a 64-unit mixed-market rate and affordable housing development on the real property located at 338 – 410 South Alhambra Avenue (the “Property”) and includes the construction of seven townhomes at the front of the Property and a rear building containing 57 stacked condominium units. By developing seven units affordable to very-low income households, the Project is able to utilize State density bonus law, including incentives, to increase the number of units that can be built which contributes towards the City’s Regional Housing Needs Assessment (“RHNA”).
TYPE OF ACTION (LEGISLATIVE; QUASI-JUDICIAL; OR ADVISORY):
Legislative: The recommended action includes an Ordinance associated with DA-23-03.
In considering such actions, the City Council acts in its discretionary legislative capacity.
Pursuant to Government Code § 65867.5, to approve the development agreement, the City Council must find that the:
• Provisions of the agreement are consistent with the general plan and any applicable specific plan; and
• Agreement provides that any tentative map prepared for the subdivision will comply with Government Code § 66473.7.
Quasi-judicial: The recommended action includes the adoption of a resolution approving a TM-23-05and DRB-23-105, and MND. In considering such actions, the City Council acts in a quasi-judicial role. When doing so, the City Council acts like a court; it applies facts gathered during a public hearing to existing law . Just like a court, the City Council can only consider facts that are relevant to the case. A party appearing before the legislative body is entitled to:
• Notice of the proposed action;
• Reasons for the action;
• A copy of the evidence on which the action is based; and
Staff Report
September 18, 2024
• The right to respond before a reasonably impartial, non-involved reviewer.
The City Council must base its decision upon substantial evidence within the record. “Substantial evidence” generally means enough relevant information and reasonable inferences from information gathered during a public hearing that a fair argument can be made to support a conclusion, even though other conclusions might also be reached.
Argument, speculation, unsubstantiated opinion or narrative, evidence which is clearly erroneous or inaccurate, or evidence of social or economic impacts does not constitute substantial evidence. Substantial evidence includes facts, reasonable assumptions predicated upon facts, and expert opinion supported by facts. If the City Council asks irrelevant questions and bases its decision -making on such questions, a court may overturn the City Council’s decision and potentially hold the City liable for violating the applicant’s constitutionally protected due process rights.
Pursuant to Monterey Park Municipal Code “(MPMC”) section 21.04.070, t o approve the TM-23-05the City Council must find that the project is:
• Consistent with the Monterey Park General Plan;
• Consistent with any applicable specific plan or planned development; • Consistent with the provisions of the MPMC;
• In the interest of public health and safety; and
• A necessary prerequisite to the order development of the surrounding area.
Pursuant to MPMC section 21.36.060, to approve the DRB-23-105the City Council must find that the project:
• Is compatible and in keeping with the character of the neighborhood and not detrimental to the general welfare of the neighborhood in which they are located; • Reflects the values of the community; enhance the surrounding environment; and harmonize with its surroundings; and
• Provides a visually pleasing setting for structures on the site through landscaping.
Pursuant to CEQA Guidelines § 15074, to approve the MND, the City Council must find:
• On the basis of the whole record before it (including the initial study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment and that the negative declaration or mitigated negative declaration reflects the lead agency's independent judgment and analysis.
Pursuant to Government Code § 65915, to approve the density bonus, the City Council must find that the:
Staff Report
September 18, 2024
• The site will include 15% or more units restricted to very-low income households.
These findings are included in the attached Resolution (Attachment 1) and Ordinance (Attachment 2); the facts upon which these findings rely on are also included within the body of documents. The facts to make such findings are based upon substantial evidence gathered during all the public hearing s, including , without limitation, the special City Council meeting on July 18, 2024, regular Planning Commission meeting on August 27, 2024, and regulate City Council meeting on September 18, 2024.
BACKGROUND:
The Applicant is requesting approval of TM-23-05, DRB-23-105 and DA-23-03 for the subdivision of air rights to construct a 64 -unit mixed market and affordable housing condominium development at 338-410 South Alhambra Avenue. The Property is zoned R-3 (High -Density Residential) and has a General Plan designation is High Density Residential. An in -depth analysis is set forth in the Planning Commission staff report dated August 27, 2024 (Attachment 4), a brief summary of the Project is provided below.
Site Plan
The Project is designed with two housing project types that total 64 multi-family residential dwelling units: (1) seven townhomes fronting onto Alhambra Avenue and (2) 57 stacked condos in the building behind the townhomes. Parking for the townhomes are attached two-car garages, while a 83-space subterranean parking garage serves the condo units.
The Project will be accessed by two driveways, at the north and south end of the Property see Figure 1).
Figure 1: Site Plan
Staff Report
September 18, 2024
Floor Plans
All living areas for both the townhome units and the condo units will be above the parking areas. Townhome units have three bedrooms, 2.5 bathrooms, and feature private open space on balconies. The balance of the condo units are contained in a single building, with units developed around a centralized courtyard area that serves as common open space. Other common open space ar eas include community rooms, a business center, a roof trellis, and a gym.
Below is a summary of the unit types, and square footages:
Type # of Bedrooms Size # of Units
Townhomes three-bedroom 2,070 square feet 7
Attached Condos one bedroom 645 square feet 15
Attached Condos two-bedroom 1,000 square feet 33
Attached Condos three-bedroom 1,300 square feet 9
Total 64
Architectural Design
The architectural design of the Project includes a contemporary style of architecture, combining clean lines, simple building forms such as a flat roof with a parapet, a mix of wall finishes including stucco, concrete, wood siding, and windows with dark tr ims.
Recessed balconies and front entries are located along the Alhambra Avenue elevation, and the use of large windows help break up the massing and scale of the Project. The mix of textures contribute to the overall clean and uncluttered appearance (see Figure 2).
Figure 2: West Elevation (facing Alhambra Avenue)
Density Bonus
A Density Bonus is proposed as part of this Project and is a mechanism established by California law that allows developers to obtain concessions and/or waive local development requirements in exchange for building affordable housing.
The High-Density Residential land use designation of the General Plan allows 30 units per acre. The Property is approximately 1.73 acres; accordingly, 51.9 units are permitted by the General Plan at 30 dwelling units per acre, before considering Density Bonus law.
The proposed 64-unit housing development with a density of 37.5 units per acre is less
Staff Report
September 18, 2024
than the maximum as allowed under Density Bonus law which is 77 units at 45 units per acre.
Since the Project designates 15% of the units as restricted to very -low incomes households, the City is mandated by California law to grant a minimum of three incentives that allow the Applicant to avoid certain development standards that it retains discre tion to choose. As part of the density bonus, the applicant has requested that incentives be provided to the following areas, consistent with the MPMC §21.18.050:
• Height – additional story or 6’ above 30’ maximum (i.e. 1 story/36’); • Open Space – reduction 15% of total requirement; and
• Rear setback – reduction of 20% (i.e. 5’).
As proposed, the Project meets development standards found in the MPMC and requirements found in City and State Density Bonus law.
Tentative Map (“TM”)
The Property is comprised of three lots totaling 75,386 square feet (1.73 acres). The Applicant proposes to reconfigure the three lots into one lot and simultaneously subdivide the Property for air rights for each dwelling unit. The subdivision allows sepa rate ownership of each dwelling unit (persons own the air space of a particular dwelling, while all the condominium owners mutually own and are responsible for all maintenance of the buildings and the common areas).
The proposed TM is consistent, in terms of density and use, with the MPMC and General Plan designations. The Public Works Department, Fire Department and other agencies reviewed the TM and plans, and proposed conditions of approval.
Development Agreement
The Project satisfies all requirements for approval, including General Plan consistency, of its development agreement. MPMC § 21.44.020(B) requires a development agreement, in a form approved by the City Attorney, for all residential developments with 10 or more dwelling units. The Applicant is proposing public benefits which include:
• Creation of affordable housing units in the very low-income category, • Local hire preference,
• Buy local preference,
• Local resident preference for the eventual rental or sales of affordable units, and • Enhanced electric vehicle charging capabilities at the site.
The Development Agreement also includes additional stipulations, which will limit impacts, and implement the goals, policies, and objectives of the General Plan.
PLANNING COMMISSION PUBLIC HEARING
Staff Report
September 18, 2024
During the Planning Commission public hearing on August 27, 2024, members of the public made comments in support and opposition of the project. Those in opposition expressed concerns related to the following:
• Scale (height) of the Project;
• Density (overall number of units) in the Project;
• Increase traffic and safety issues;
• Lack of on-site parking; and
• Increase of on-street parking demand.
Those expressing support for the project cited the following reasons:
• Increase of homeownership opportunities;
• Increase of affordable housing stock; and
• Well-designed nature of the project.
There also appeared to be a misunderstanding from public comments, where individuals referenced the project as being developed to house the homeless. The Chair provided clarification that the Project is intended for homeownership, with a component allowing for households that are within the very-low income category, the opportunity to purchase units.
The chart below provides summary of comments, either written or verbal received before and during the Planning Commission meeting. Note that some written comments that were received included oral comments during the Planning Commission meeting.
Public Comment Support
Comments
Opposition
Comments
Neutral
Comments
CEQA Notice
(May 23, 2024 - June 12, 2024) 31 35 3
Planning Commission Notice
(August 1, 2024-August 27,
2024)
16 7 0
Planning Commission Meeting
August 27, 2024 2* 16** 0
*Two speakers on behalf of 6 people.
** Including 2 speakers with comments about homeless housing.
While the issues were raised by the public about scale, density, on -site parking, and increase of on-street parking demand, they are functions of what is allowable based on the City and State’s Density Bonus regulations. As indicated above, the overall density of the Project is lower than the maximum density which can be permitted under the density bonus request. Further, the height of the Project is an incentive that is allowed under the City’s local ordinance.
Staff Report
September 18, 2024
Parking requirements that apply to this Project are limited by California law. As proposed, the parking for the Project exceeds the minimum amount of required parking . The increase of parking demand for on-street parking is a possibility, however during the focused traffic study for the Project, it was concluded that Alhambra Avenue and the surrounding streets have the ability to absorb all such overflow.
Comments made by the Commission included the following:
• Questions related to traffic;
• Appreciation for the careful design of the Project to offer transition of buildings and their scale
• Concerns related to regional access to transportation in proximity to proposed project;
• IS/MND comments to further analyze the following:
o Residential displacement;
o Total grading export amount;
o Short term construction impacts such as traffic, noise and air quality from construction vehicles and equipment; and
o Desire to link the Mitigation Monitoring Reporting Program to Conditions of Approval and the Development Agreement.
The questions about traffic were both addressed by engineers from both the Applicant and the City on the measures in place to ensure traffic safety. Pertaining to the IS/MND, the Applicant’s CEQA consultant indicated that analysis provided within the IS/MND and their technical appendices discussed residential displacement and impacts during construction. Total export during grading would be addressed when City reviews and approves grading plans . Additionally, the Mitigation Monitoring program include s measures to address air quality impacts related to construction activities.
The Planning Commission carefully listened to and considered the public comments as well as their own comments, but also acknowledged that as proposed the Project meets development standards as found in the MPMC and adheres to State laws regarding affordable housing, which limit the City's ability to reject such projects.
Moreover, the Commission determined that the Project is appropriate for the Property based on its size and scale, in relation to the surrounding residential land uses. The design of the Project aims to soften its appearance on the street (west) elevation, with the townhomes reducing the scale of the development as it transitions from the townhomes to the condominium building at the rear.
The Planning Commission found that the Project met the requirements of applicable laws and adopted Resolution No. 06-24 recommending City Council approval of the Project, with an added condition to help minimize effects of traffic, noise and air quality during construction of the Project.
A recommended condition of approval has been added to read as follows:
Staff Report
September 18, 2024
The Permittee must submit a construction traffic and management plan for review and approval by the City Engineer before construction. Such plan must include, without limitation, truck hauling routes, traffic control plans, temporary traffic controls, hours of operation, dust mitigation and a notification plan to the area residents with a minimum four-week advanced notice of such activities.
2024-25 STRATEGIC PLAN GOAL:
The Project meets the 2024-25 Strategic Plan Goal to “Strengthen our local economy and enhance housing opportunities” by achieving the goals and programs set forth in the HE related to supporting policies that facilitate and incentivize development of affordable housing units and creating homeownership opportunities.
LEGAL NOTIFICATION:
The legal notice of this hearing was posted at City Hall, Monterey Park Bruggemeyer Library, and Langley Center and published in Monterey Park Press on September 5, 2024, with affidavits of posting on file. The legal notice of this hearing was mailed to 195 property owners within a 300 feet radius of the property. Additionally, 11 interested parties were also emailed the public notice.
FISCAL IMPACT:
There may be an increase to property tax base, sales tax revenue and business license tax revenue. Calculations of the exact amount would be speculative.
Respectfully submitted by: Respectfully prepared by:
Jessica Serrano, Director of
Community Development
Beth Chow, AICP
Planning Manager
Approved by: Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Deputy City Attorney
ATTACHMENTS:
1. Resolution, including Conditions of Approval and Initial Study/Mitigated Negative Declaration
2. Ordinance
Staff Report
September 18, 2024
3. Architectural Plans and Tentative Map No. 81441 (TM-23-05)
4. Comparison Table of MPMC Development Standards and Proposed Project
5. Planning Commission Agenda Report dated August 27, 2024 (excluding all attachments)
6. Planning Commission Resolution dated August 27, 2024 (excluding Attachment A (Ordinance) and Attachment B (City Council Resolution))
Staff Report
September 18, 2024
ATTACHMENT 1
Draft Resolution, including Conditions of Approval
and Initial Study/Mitigated Negative Declaration
RESOLUTION NO.
A RESOLUTION OF THE MONTEREY PARK CITY COUNCIL
APPROVING TENTATIVE MAP NO. 84188 (TM-23-05) TO ALLOW THE SUBDIVISION FOR 64 CONDOMINIUM UNITS AND ADOPTING
MITIGATED NEGATIVE DECLARATION STATE CLEARING HOUSE
NUMBER 2024051026 FOR REAL PROPERTY LOCATED AT 338-410 S.
ALHAMBRA AVENUE (ASSESSOR’S PARCEL NUMBERS 5259 -004-
036, 5259-004-037, AND 5259-004-038)
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The Commons of MPK, LLC (“Developer”) submitted development applications including TM -23-05, DRB -23-105, and DA -23-03 to develop a 64 -unit condominium development to enter into a development agreement with the City of Monterey Park at 338-410 South Alhambra Avenue (the “Project Site”).
B. The City Planner reviewed the project pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regulations §§15000, et seq., the “CEQA Guidelines”). CEQA and the CEQA Guidelines are collectively referred to as “CEQA Regulations.”
C. On August 27, 2024, the Planning Commission conducted a duly noticed public hearing to assess the proposed development in TM-23-05, DRB-23-105, and DA- 23-03, considered all oral and written evidence, and adopted Resolution No. 06- 24 recommending that the City Council adopt this Ordinance.
D. The City completed its review and scheduled a public hearing regarding the proposed Project, before the City Council on May 23, 2024. Notice of the public hearing on the proposed Project was duly given as required by law.
E. On June 18, 2024, the City Council opened the public hearing, closed the public hearing and remanded the Project to the Planning Commission for further study.
F. This Ordinance and its findings are made based upon the evidence presented to the City Council at its June 18, 2024, Special Meeting, the Planning Commission at its August 27, 2024, regular meeting, and the City Council at its September 18, 2024, regular meeting, including, without limitation, the staff report submitted by the City Planner.
Resolution No.
SECTION 2: Factual Findings and Conclusions. The City Council finds that the following facts exist:
A. The proposed project includes: (1) demolition of 16 existing residential units (15 habitable units) at 338-410 Alhambra Boulevard, Monterey Park, CA 91755 (the “Project Site”); and (2) consolidating 3 existing lots into one lot which will be approximately 75,358.8 square feet (1.73 acres) and subdividing air rights for 64 condominium units, including 7 units affordable to very -low-income households, within 2 of new buildings (collectively “the Project”).
B. The Project Site is zoned R -3 (High-Density Residential) and has a General Plan designation of High Density Residential.
C. The Project Site is accessible from S. Alhambra Avenue, a 70'- 0" wide right -of- way minor arterial street. A Project Transportation Study Screening Assessment was prepared for the Project which indicates that the Project will generate approximately 438 daily vehicle trips, including 26 vehicle trips during the AM peak hour and 33 vehicle trips during the PM peak hour.
D. The Project Site is bound in all directions by a mix of single family and multifamily uses.
E. The Project is compatible with the existing uses in the vicinity, which include multifamily uses at similar densities.
F. The Project will be designed with a contemporary architectural style, with simple building forms, clean lines, and a flat roof. The use of various building materials such as stucco wall finishes, concrete, wood siding, and dark trim windows will create visual interest with front architectural features, incorporating various building material on all four sides of the buildings.
G. The Project, containing market-rate and affordable residential units, will help meet the City’s Regional Housing Needs Assessment (“RHNA”) allocation of 5,267 residential units for the 8-year planning period between 2021-29.
SECTION 3: Environmental Review Findings . The City reviewed the environmental impacts of the proposed Ordinance pursuant to the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. “CEQA”) and the regulations promulgated thereunder (14 Cal. Code of Regs. §§ 15000, et seq., the “CEQA Guidelines” ). The City Council finds as follows:
A. An Initial Study of Environmental Impacts (“IS”) and Mitigated Negative Declaration (“MND”) were prepared for the Project pursuant to CEQA Guidelines § 15063.
Resolution No.
B. Pursuant to CEQA Guidelines § 15070 (b), a mitigated negative declaration is deemed appropriate if it is determined that though a project could result in a significant effect, mitigation measures are available to reduce these significant effects to less th an significant levels. Pursuant to the MND, recommended mitigation measures are provided for Air Quality (Section 4.3 ), Biological Resources (Section 4.4 ), Cultural Resources (Section 4.5 ), Geology and Soils (Section 4.7), and Noise (Section 4.13).
C. The IS and MND were made available to the public for review and comment from Thursday, May 23, 2024, and Tuesday, June 12, 2024.
D. A duly noticed public hearing was held by the City Council on September 18 2024, at which time evidence was heard on MND and staff report. At the hearing, the City Council fully reviewed and carefully considered the MND, together with any comments received during the public review period, and determined that the MND was consistent with CEQA.
E. When considering the whole record for the IS and MND, there is no evidence that the Project will have the potential for an adverse effect on wildlife resources or the habitat on which the wildlife depends, because the Project is in a built -out urban environment and includes appropriate mitigation measures.
F. Accordingly, based upon the evidence presented to the City Council, the City need not prepare an environmental impact report for the proposed project.
Consequently, the City Council adopts the draft MND.
SECTION 4: Notice of Determination. The City Manager, or designee, is directed to file a Notice of Determination in accordance with CEQA §§ 21152, 21167(f); CEQA Guidelines § 15094; and any other applicable law.
SECTION 5: General Plan and Zoning. The Project conforms to the City's General Plan, and Title 21 (Zoning) of the MPMC, including, without limitation, as follows:
A. Policy 6.4 – to support policies that facilitate and incentivize development of affordable housing units, such as development bonus programs.
B. Policy 8.5 – to require new development to provide engaging, well -landscaped outdoor spaces that invite and support outdoor activities.
C. Policy 8.6 – to minimize the street presence and visibility of parking facilities from public streets and neighboring properties.
D. Policy 9.1 – to create homeownership opportunities by encouraging development of smaller scale, for-sale units such as condominiums, townhomes, and duplexes.