Capital Improvement Program
FY2024-2025 Budget
EFD03 501 PUBLIC SAFETY $60,000.00
EPW02 501 PUBLIC WORKS VEHICLE $150,000.00
E0001 501 PUBLIC WORKS VEHICLE $360,000.00
ECS02 238 RECREATION AND COMMUNITY SERVICES VEHICLES $245,000.00 ### 401 PUBLIC WORKS VEHICLE (WATER) $70,000.00
95031 362 PARK RESTROOM IMPROVEMENTS - BARNES PARK $445,000.00 NEW 362 PARK RESTROOM IMPROVEMENTS $0.00
EFD01 101 AMBULANCE -$75,416.37
95032 101 ELDER GYM ROOF REPAIR $430,298.00
95033 101 CITY HALL SKYLIGHTS ATRIUM REPLACEMENT $0.00
95034 101 CITY HALL ROOF REPAIR $0.00
95035 101 GARVEY RANCH PARK MUSEUM ROOF REPAIRS $1,324,416.00 95036 101 LANGLEY CENTER ROOF $2,500.00
95037 101 BARNES GYM ROOF $0.00
EPD01 101 POLICE VEHICLE $245,395.94
95038 101 Library Grant - new project $349,901.00
95038 360 LIBRARY GRANT - NEW PROJECT $700,187.00
NEW 101 FIRE STATION #63 REMODEL/RELOCATION DESIGN (YR1) & CONSTRUCTION (YR 2 $79,742.00 95044 101 BARNES PARK GYM FLOORING $260,000.00
NEW 101 CONCRETE BARRIER WALL AT EOC $0.00
NEW 101 COUNCIL CHAMBERS SEATING REMOVAL & REPLACEMENT $0.00 NEW 101 PARK RESTROOM INTERIOR FIXTURE REMOVAL & REPLACEMENT $0.00 95042 101 UNDERGROUND STORAGE TANK REMOVAL & REPLACEMENT $118,000.00 NEW 101 AIR CONDITIONING UNIT REPLACEMENT - PHASE 2 $0.00 NEW 101 CITYWIDE VEHICLES $750,000.00
95045 101 GARVEY RANCH MUSEUM/OBSERVATORY PAINT & EXTERIOR GATE REHAB $26,000.00 95046 101 LA LOMA PARK ADA RESTROOM & UTILITIES $350,000.00 95047 101 BARNES POOL DEMO $500,000.00
95048 101 FIRE STATION #61 $10,000.00
95048 381 FIRE STATION #61 $0.00
95049 101 FIRE STATION #63 $3,000,000.00
95049 381 FIRE STATION #63 $0.00
95050 101 CITY HALL PARKING LOT $750,000.00
NEW 101 GARVEY RANCH GAZEBOS $50,000.00
Community Capital Improvement Projects Subtotal $12,606,484.22
L ALL FUNDS
101 GENERAL FUND $13,830,703.07
218 SS4A $984,000.00
231 PUBLIC/PARKS/LIBRARY DIF $420,175.15
236 TRANSPORTATION DEVELOPMENT ACT 3 $0.00
237 SB1 $1,547,574.85
238 PROP A $245,000.00
239 MEASURE R $52,783,638.49
240 Measure M $8,098,925.00
241 PROP C $956,975.50
242 GAS TAX $500,000.00
246 HIGHWAY SAFETY IMPROV PROGRAM $1,056,878.00
248 MEASURE W $750,000.00
281 ATP CYCLE 4 $0.00
360 CDBG $700,187.00
362 CDBG $1,321,098.00
363 ARPA $0.00
379 MTA MONTEREY PASS BIKE GRANT $0.00
387 PER CAPITA 68 GRANT $0.00
401 WATER $2,372,449.40
402 WATER TREATMENT $0.00
403 WATER TREATMENT $0.00
Capital Improvement Program
FY2024-2025 Budget
408 WATER REVENUE BONDS $17,653,071.00
409 WATER - DIF $600,000.00
411 SEWER $6,630,000.00
419 SEWER - DIF $23,275.00
501 SHOP $570,000.00
502 TECHNOLOGY $572,034.50
601 STREET BONDS $436,712.77
621 SALES TAX BONDS $0.00
GRANT GRANTS $0.00
TOTAL ALL FUNDS $112,052,697.73
Staff Report
April 16, 2025 City Council Staff Report
DATE: May 7, 2025
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Monterey Pass Complete Street Concept Approval RECOMMENDATION:
It is recommended that the City Council consider:
1. Approving the proposed concept for the Monterey Pass Complete Street Project ; and
2. 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 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 approval of conceptual plans only.
Subsequent improvements will be evaluated separately under CEQA. Accordingly, this activity is exempt from further review.
BOARD/COMMISSION REVIEW:
On April 17, 2025, staff presented the proposed concept for the Monterey Pass Complete Street Project to the Traffic Commission. The Commission did not have any concern with the proposed concept.
EXECUTIVE SUMMARY
The City was awarded funding through the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) Project ID# MR2.5.3.01 and FTIP #LA9919133 for the design and construction of the Monterey Pass Complete Street project, Capital Improvement Project (“CIP”) No. 96047. On January 15, 2025, the City awarded Kimley- Horn the contract for the preparation of the plans, specifications and engineer’s (“PS&E”) estimate for Monterey Pass Road Complete Street Project. Kimley-Horn held Community outreach meetings to receive input from the community and performed traffic operations analysis. The result of these activities is a proposed concept for Monterey Pass Road to meet the grant goals. It is recommended that the City Council approve the proposed concept which will allow Kimley-Horn to begin the preparation of the PS&E.
Consent Calendar - 3J
Staff Report
May 7, 2025
BACKGROUND
The City was awarded funding through the Los Angeles County Metropolitan Transportation Authority (“LACMTA”) Project ID# MR2.5.3.01 and FTIP #LA9919133 for the design and construction of the Monterey Pass Complete Street project, Capital Improvement Project (“CIP”) No. 96047. The City awarded Kimley -Horn the contract for the preparation of the PS&E for Monterey Pass Road Complete Street Project. The Monterey Pass Road Complete Street Project is a 1.6-mile corridor, extending from Floral Drive to Garvey Avenue to Fremont Avenue.
Complete Streets projects aim to balance the needs of all modes of transportation and users along the corridor. The grant funding is dedicated to the following potential improvements including EV infrastructures, optimizing traffic flow, accessibility and pedestrian improvements, transportation technology and bicycle facilities. The project goals are to:
- Develop accessible and safe pedestrian facilities which establish a sense of place through landscaping and beautification strategies,
- Facilitate multimodal connectivity and encourage mode shift t hrough bicycle facilities,
- Optimize traffic operations and truck travel along the corridor, - Integrate sustainable improvements such as EV charging infrastructure along the corridor, and
Staff Report
May 7, 2025
- Create an integrated corridor which addresses all user needs of Monterey Pass Road.
Kimley-Horn held two in-person community outreach meetings, one virtual meeting to the community at large and an additional virtual meeting focused on the business community.
A project web page was developed on the City’s website, including a web page to receive additional input from the community.
As a result of the community outreach e fforts, it was determined that the community prioritizes the following for Monterey Pass Road:
- Bicycle and pedestrian facilities
- Traffic flow and optimization
- Goods movement and commercial vehicles
The Project Team is recommending a conceptual design for the Monterey Pass Road Complete Streets Project. The concept is based on the results of a study which looked at traffic operations and collision data for Monterey Pass Road, as well as extensive community feedback.
The recommended concept for Monterey Pass Road is to repurpose existing lanes within the curb-to-curb width to include a parking -protected Class IV bike lane, one travel lane in each direction, except for a small segment north of Floral Drive where two lan es are proposed in the northbound direction, a center turn lane, and parking where feasible on either side of the corridor.
Staff Report
May 7, 2025
Staff Report
May 7, 2025
The traffic operations study determined that it is feasible to repurpose one travel lane in each direction to accommodate a bike lane and can be complemented by operational enhancements to support these improvements. These include signalizing the intersection of Brightwood Street and Monterey Pass Road, creating striping improvements at intersecting side streets, extending the northbound left turn pocket at the intersection of Fremont Avenue and Monterey Pass Road, and implementing signal synchronization along the corridor.
Landscaping and sidewalk improvements will create accessibility and beautification opportunities on the corridor and complement the other complete streets elements of the project.
It is recommended that the City Council provide input on the proposed concept and if in agreement with the recommendation, approve the concept to initiate the development of PS&E.
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 improve conditions of the City’s active transportation network.
FISCAL IMPACT
No fiscal impact will result from the proposed action.
Respectfully submitted & prepared by:
Shawn Igoe
Director of Public Works
Approved by:
Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
ATTACHMENT:
None
RESOLUTION NO.
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2025 AS MENTAL HEALTH AWARENESS MONTH
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. Ment
al health is a state of mental well -being that enables individuals to cope with the stresses of life, realize their abilities, learn well and work well, and contribute to their community. Mental health is an essential part of one’s well-being, impacting individuals, families, and communities across the nation.
B. Ini
tiated by Mental Health America in 1949, May has been recognized as Mental Health Awareness Month and provides an opportunity to raise awareness and educate the public about mental health and reduce the stigma surrounding mental illness.
C. One in f
ive American adults experiences a mental health condition each year and everyone faces challenges in life that can impact their mental health. Mental health remains shrouded in stigma despite its prevalence, preventing many from seeking help, and early intervention and access to quality care are crucial for managing mental health conditions and improving our overall quality of life.
D. Des
ignated by its founding organization (Mental Health America), the 2025 theme of Mental Health Awareness Month, is “ Turn Awareness into Action.” Although society is getting more comfortable with discussing mental health, it is important to know where to start seeking help when pressures from work, school, relationships, and societal factors ( e.g., politics, climate change, and the economy ) begin to impact our daily lives.
E. The M
onterey Park City Council encourages all residents to: educate themselves and others about mental health conditions, treatment options, and available resources; seek help if they are struggling with their mental health and encourage others to do the same; c hallenge stigma by speaking respectfully and inclusively about mental health; and create safe and supportive environments for open conversations about mental health.
F. Learni
ng, acting on, and advocating for everyone’s mental health will help foster a community where everyone feels empowered to prioritize their mental well- being and seek help when needed. The Monterey Park City Council hereby proclaims the month of May 202 5 as Mental Health Awareness Month to increase public understanding of the importance of mental illness and to promote early identification and treatment.
May 7, 2025
Consent Calendar - 3K
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 7th day of May 2025.
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
RESOLUTION NO.
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2025 AS MISSING AND MURDERED INDIGENOUS PEOPLE
AWARENESS MONTH
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. May
is Missing and Murdered Indigenous People (MMIP) Awareness Month, a time dedicated to raising awareness of the alarming number of Indigenous women, girls, Two -Spirit individuals, and people who have gone missing or have been murdered in the United States.
B. MM
IP Awareness Month seeks to spotlight the often overlooked and marginalized experiences of Indigenous people and their communities, highlighting the urgent need for justice, support, and action to address this ongoing crisis.
C. The epi
demic of MMIP encompasses a broad scope of crimes, including domestic violence which contributes to many homicides among American Indian/Alaska Native females . In some tribal communities , American Indian/Alaska Native women face murder rates that are more than 10 times the national average.
D. For
decades, Indigenous communities have struggled with high rates of abduction, assault, and murder of tribal members. The Centers for Disease Control and Prevention has also reported that homicides are one of the leading causes of death among American Indians/Alaska Natives.
E. MM
IP is a concerning issue, and in 2020, the U.S. government passed and signed two Acts to help mitigate the crisis. Savanna’s Act increased U.S. governmental agency coordination to reduce violent crimes within tribal lands and against American Indians/Alaska Natives, and the Not Invisible Act directed the U.S.
Department of Justice to review, revise, and develop law enforcement and justice protocols to address MMIP.
F. Ac
cording to the U.S. Department of the Interior Bureau of Indian Affairs, community advocates have described the crisis as a legacy of generations of government policies of forced removal, land seizures , and violence inflicted on Native peoples. More than 1.5 million American Indian and Alaska Native women have experienced violence in their lifetime.
G. MM
IP Awareness Day is also observed every May 5th, honoring the birthday of Hanna Harris, a 21- year-old citizen of the Northern Cheyenne Tribe who went missing and was horrifically murdered in July 2013. Hanna is just one of many May 7, 2025
Consent Calendar - 3L
Resolution No.
MMIPs who go missing and murdered every day, and MMIP Awareness Day commemorates the lives of MMIPs whose cases are documented and undocumented in public records and the media while drawing attention to the MMIP crisis.
H. T here are still thousands of unsolved cases of MMIP who continue to cry out for healing and justice today. Many Native families have experienced the pain of having a relative disappear, and it is essential to keep the memory of MMIP at the forefront of our discussions as we continue to recognize and raise awareness of this ongoing crisis.
I. During MMIP Awareness Month, the City Council of Monterey Park honors the individuals missing and the lives lost. The City Council of Monterey Park expresses their deepest condolences to the families of MMIP and stands firm in their commitment to addressing this crisis.
J. The City Council of Monterey Park is committed to advocating for an end to violence and the inequities that catalyze the MMIP crisis. Tribal communities deserve safety and justice and City Council of Monterey Park stands in solidarity with Indigenous activists and advocates who continue to build a safer and more secure community.
K. The City Council of Monterey Park encourages community members to raise awareness of the issue of MMIP by educating themselves on the ongoing crisis and taking affirmative action through appropriate programs and activities. It hereby declares May 2025 as MMIP Awareness Month.
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.
Resolution No.
PASSED AND ADOPTED this 7th day of May 2025.
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
RESOLUTION NO.
A RES
OLUTION OF THE CITY COUNCIL OF MONTEREY PARK
DECLARING MAY 6 AS NATIONAL DAY OF THE TEACHER AND MAY
5 THOUGH MAY 9 AS TEACHER APPRECIATION WEEK
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. The q
uality and success of instructional programs are directly attributable to the dedication, professionalism, and extraordinary performance of the teachers and professionals who have committed their many skills, varied talents, and focused energies to providing superior learning opportunities for all students.
B. Cl
assroom teachers, counselors, program specialists and other certificated staff possess unique and highly specialized skills that are essential in meeting the varied needs of the young people in our community.
C. The t
eachers in students' lives, have a tremendous influence on their hopes, aspirations, and future success, making each student capable of taking up the challenges of life; and who not only guide students academically, but also instill moral and ethical values.
D. Teac
hers fill many roles, as listeners, role models, motivators and mentors, and work to open students' minds to ideas, knowledge and dreams and to keep American democracy alive by laying the foundation for good citizenship; and by making a difference in young people's lives, they shape America's future.
E. The C
ity of Monterey Park is home to Alhambra, Garvey, Los Angeles, and Montebello school districts and numerous private schools which educate our students and help shape their lives.
F. The C
ity Council of Monterey Park commends and extends sincere gratitude to all Teachers for the outstanding, meaningful and innumerable contributions they make in the lives of the students in our schools and declares May 6 , 202 5 as National Day of the Teacher in Monterey Park and May 5 through 9 as Teacher Appreciation Week.
SE
CTION 2: 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 provision or application and, to this end, the provisions of this Resolution are severable.
May 7, 2025
Consent Calendar - 3M
Resolution No.
SECTION 3: 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 4: 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 5: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
(Mayor signature and attestation must be on the same page.)
PASSED AND ADOPTED this 7th day of May 2025.
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
__________________________
Karl H. Berger, City Attorney
RESOLUTION NO.
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING AND RECOGNIZING THE MONTH
OF MAY 2025 AS ASIAN AMERICAN, NATIVE HAWAIIAN, AND
PACIFIC ISLANDER HERITAGE MONTH
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. Asi
an Americans, Native Hawaiians, and Pacific Islanders (AANHPI) strengthen our economy as entrepreneurs, business owners, and employees who initiate and expand opportunities for their families, communities, and country. Their languages, art, cuisine, and other cultural elements have enriched the American experience. Many have fearlessly responded to the call of duty to defend our freedom as Armed Forces members.
B. Appr
oximately 21 million residents of the United States identify themselves as Asian, and approximately one million residents identify themselves as Native Hawaiian or other Pacific Islander s, totaling about 6.6% of the entire United States population.
C. In 1
977, Congress introduced a House resolution to proclaim the first ten days of May as Asian/Pacific American Heritage Week, a celebration of Asians and Pacific Islanders in the United States. In October 1978, President Jimmy Carter signed into law a joint resolution that the President should proclaim a week, which included the seventh and tenth of the month, during the first ten days in May of 1979 as Asian/Pacific American Heritage Week.
D. Dur
ing the following decade, U.S. Presidents passed annual proclamations for Asian/Pacific American Heritage Week until 1990, when Congress voted to expand the celebratory week to a month- long celebration. In May 1992, the month of May was permanently designated as Asian/Pacific American Heritage Month. O n April 30, 2021, President Joseph R. Biden officially signed Proclamation 10189, now recognizing the month of May as AANHPI Heritage Month.
E. AANH
PI Heritage Month is celebrated in May to commemorate two key milestones: the arrival of the nation’s first Japanese immigrants (May 7, 1843) and Chinese workers’ pivotal role in building the transcontinental railroad (completed May 10, 1869).
F. The Fe
deral Asian Pacific American Council (FAPAC) has announced that the 2025 theme for AANHPI Heritage Month is “A Legacy of Leadership & Resilience”. This theme honors the hard work of AANHPI leaders who May 7, 2025
Consent Calendar - 3N
established a foundation for future generations to thrive and adapt to change and adversity.
G. Innovation, resilience, and a pioneering spirit are cornerstones of American leadership, and numerous AANHPI leaders have made lasting contributions to our nation’s economic prosperity, technological advancements, and social/political change through their ingenuity and creativity while navigating significant cultural and systemic barriers.
H. Understanding history is essential for celebrating AANHPI Heritage Month. The AANHPI community has endured and overcome hardship and heartache. In the earliest years, tens of thousands of Gold Rush pioneers, coal miners, transcontinental railroad builders, and farm and orchard laborers were subject to unjust working conditions, prejudice, and discrimination, yet they excelled.
I. Even in the darkness of the Exclusion Act and Japanese Internment, Asian Americans, Native Hawaiians, and Pacific Islanders have persevered, providing for their families and creating opportunities for their children. We acknowledge these Americans ’ contributions to government, industry and commerce, agriculture, science, literature, and the arts.
J. California has one of the most prominent AANHPI populations. We acknowledge the historical and cultural contributions of AANHPI community to the development of California and or nation.
K. The diversity of these groups includes Asian Indian, Bengali, Burmese, Cambodian, Chinese, Filipino, Guamanian, Hawaiian, Hmong, Indonesian, Japanese, Korean, Lao, Malayan, Okinawan, Pakistani, Samoan, Thai, Vietnamese, and others.
L. The City of Monterey Park is well -known for its vibrant AANHPI community.
More than 65.0% of its community members identify themselves as AANHPI which continues to contribute to the City’s melting pot of cultures, diversity, and sense of belonging.
M. The City of Monterey Park is also renowned for its cultural, educational, and festive programs celebrating the AANHPI community such, as the Cherry Blossom Festival and Lunar New Year Festival. Both festivals attract thousands of visitors from all over the world annually to celebrate the rich tapestry of AANHPI culture through food, music, and cultural performances.
N. The people of the United States join together each May to pay tribute to the contributions of generations of AANHPI that enriched the history of the nation, and the Monterey Park City Council hereby proclaims May 2025 as AANHPI Heritage Month.
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 7
th day of May 2025.
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
RESOLUTION NO.
A RES
OLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY
PARK, CALIFORNIA, DECLARING MAY 18, 2025, AS NATIONAL
ASIAN AMERICAN AND PACIFIC ISLANDER DAY AGAINST
BULLYING AND HATE
BE
IT RESOLVED by the Council of the City of Monterey Park as follows:
SE
CTION 1: The City Council finds as follows:
A. The m
onth of May is Asian American , Native Hawaiian, and Pacific Islander (AANHPI) Heritage Month, also known as Asian American and Pacific Islander (AAPI) Heritage Month.
B. May
18, 2025, would have been Vincent Chin’s 70th birthday. Chin was brutally murdered by two men at the age of 27 in a 1982 hate crime. His murder fueled a national Asian American activist movement that continues to this day.
C. Act
To Change, a nonprofit organization working to end bullying for AAPI youth, has rallied the nation to recognize May 18 as the annual A API Day Against Bullying and Hate.
D. Ther
e has been a rise in bullying, discrimination, and hate crimes against the AAPI community since the start of the COVID -19 pandemic. N early 11,500 cases of anti-AAPI violence and hate have been reported and AAPI youth face unprecedented amounts of bullying online and offline.
E. In t
he AAPI community, this problem is often compounded by cultural, religious, and linguistic barriers that can keep youth from seeking and receiving help. In addition, certain AAPI groups (e.g., South Asian, Muslim, Sikh, Micronesian, LGBTQ+, immigrant, and limited English proficient youth) are more likely to be the targets of bullying.
F. The C
ity of Monterey Park joins Act To Change in sharing one vision: a world where all youth, including AAPI youth, have the opportunity to grow up feeling proud and supported in the development of their identities and sharing of their stories.
G. The C
ity of Monterey Park is committed to this important issue and encourages the public to foster dialogue, share resources, and learn more about what they can do to end bullying.
H. The C
ity Council of Monterey Park honors AANHPI Heritage Month and Vincent Chin and hereby declares May 18, 2025, as National AAPI Day Against Bullying and Hate.
May 7, 2025
Consent Calendar - 3O
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 7
th day of May 2025.
________________________________
Vinh Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
DATE
: May 7, 2025
AGENDA ITEM NO:
TO: T
he Honorable Mayor and City Council
FROM: Scott Haberle, Interim Fire Chief
SUBJECT: Adopting a resolution declaring May 17, 2025 as Fire Service Day RECO
MMENDATION:
It is recommended that the City Council consider:
1. Adopt ing a resolution declaring May 17, 2025 as Fire Service Day; and
2. Taking such additional, related, action that may be desirable.
EXECU
TIVE SUMMARY:
Throughout the month of May, many cities throughout Los Angeles County celebrate Fire Service Day. This day allows residents and community members the opportunity to visit their local fire station, view the equipment and engines, meet their local firefighters and learn about all aspects of the fire department. In Monterey Park, Fire Service Day is scheduled for Saturday, May 17, 2025, from 8:00 a.m. to 2:00 p.m. at Fire Station 61. The event will feature a live rescue demonstration, fire safety and emergency services information and photo opportunities. This proposed resolution expresses the City Council’s appreciation and recognition of Fire Service Day.
Respectfully submitted by: Prepared by:
Scott Haberle
Interim Fire Chief
Rebecca Bojorquez
Principal Management Analyst
Approved by:
Inez Alvarez
City Manager
ATT
ACHMENT:
1. Draft Resolution
Consent Calendar - 3P
Staff Report
May 7
, 2025
ATTACHMENT 1
Fire Service Day Resolution
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK RECOGNIZING MAY 17, 2025, AS FIRE SERVICE DAY
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Many cities throughout Los Angeles County celebrate Fire Service Day in May, to allow the residents and community members they serve, an opportunity to see their local fire station.
B. The Monterey Park Fire Department (“Fire Department”) has been serving the community with fire protection, hazardous materials response, disaster preparedness, and emergency medical services for over 100 years.
C. The Fire Department strives each day to save lives and protect property as well as promote disaster preparedness and teach fire safety to children and adults alike.
These dedicated, passionate, and driven individuals take pride in keeping the community safe.
D. The Fire Department takes pride in serving this community, and welcomes all to Station 61 in celebration of Fire Service Day on May 17, 2025, for an open house event and opportunity for community members to meet their local Firefighters
SECTION 2: Action. The City Council declares May 17, 2025, as Fire Service Day.
SECTION 3 : 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 4: Reliance on Record. Every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
SECTION 5: Limitations. 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 have been made to form accurate assumptions. Somewhat related to this are the limitations on t he City's ability to solve what are in effect regional, state, and national problems and issues. The City must work
Resolution No.
within the political framework within which it exists and with the limitations inherent in that framework.
SECTION 6 : Summaries 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 7: Severability. lf 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 8: Execution. 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 9: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
SECTION 10: The City Clerk is directed to certify to the adoption of this Resolution and enter it into the book of original Resolutions.
PASSED AND ADOPTED this 7th day of May, 2025
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
Karl H. Berger, City Attorney
By:__________________________
Justin A. Tamayo, Assistant City Attorney
City Council Staff Report
DATE: May 7, 2025
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Scott Wiese, Chief of Police
SUBJECT: National Police Week Resolution
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution Declaring the week of May 11-17, 2025, to be National Police Week in the City of Monterey Park; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The Monterey Park Police Department is celebrating the week of May 11-1 7, 2025, as National Police Week. In 1962, President John F. Kennedy proclaimed May 15th National Peace Officers Memorial Day and the calendar week in which May 15 th falls as National Police Week. National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. It is a collaborative effort of many organizations honoring America’s law enforcement community. We are enlisting your support in the form of a resolution to honor these men and women in our area for the work that they do every day to protect the residents of Monterey Park.
BACKGROUND:
Historically, the Police Department recognizes and celebrates the hard work of these dedicated professionals. We are confident you will stand behind the commitment and devotion these men and women provide to ensure the safety and security of Monterey Park residents.
Consent Calendar - 3Q
Staff Report
May 7, 2025
Respectfully submitted by: Prepared by:
Scott Wiese
Scott Wiese
Chief of Police
Gus Jimenez
Captain
Approved by:
Inez Alvarez
City Manager
ATTACHMENT:
1. Resolution
Staff Report
May 7, 2025
ATTACHMENT 1
National Police Week
Staff Report
May 7, 2025
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 11 -17, 2025, NATIONAL POLICE WEEK IN
MONTEREY PARK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The Monterey Park Police Department is celebrating the week of May 11- 17, 2025, as National Police Week. In 1962, President John F. Kennedy proclaimed May 15 th National Peace Officers Memorial Day and the calendar week in which May 15 th falls as National Police Week. National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. It is a collaborative effort of many organizations honoring America’s law enforcement community.
B. Law enforcement officers swear an oath to uphold the public trust, even though, through the performance of the duties of a law enforce ment officer, the officers may become targets of senseless acts of violence.
C. The safety of our community is dependent upon the dedication and commitment of our police officers.
D. Law enforcement officers are charged with pursuing justice for all individuals and performing their jobs faithfully to the constitutional and civil rights of the public they serve.
E. Law enforcement officers have bravely continued to meet the call of duty to ensure the safety of the neighborhoods and communities they serve at the risk of their safety.
F. Historically, the Police Department recognizes and celebrates the hard work of these dedicated professionals. We are confident you will stand behind the commitment and devotion these men and women provide to ensure the safety and security of Monterey Park residents.
Staff Report
May 7, 2025
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 ______ day of ______________, 2025. ________________________________
Vinh T. Ngo, Mayor
Monterey Park, California
Attest:
__________________________
Maychelle Yee, City Clerk
Monterey Park, California
City Council Staff Report
DATE: May 7, 2025
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Public Works Week Resolution
RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution declaring the week of May 18 through 24, 2025 as Public Works Week in Monterey Park; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The City is celebrating the week of May 18-24, 2025, as Public Works Week in Monterey Park. This week marks the 65 th annual National Public Works Week sponsored by the American Public Works Association, which recognizes Public Works professionals. The 2025 National Public Works Week theme is “People, Purpose, Presence”, highlighting the way public works professionals contribute to and enhance the quality of life in all the communities they proudly serve.
BACKGROUND:
The City of Monterey Park recognizes and celebrates the hard work, commitment and contribution Public Works professionals provide to the community of Monterey Park. This year, the City is hosting a Public Works Open House on Thursday, May 22 , 2025 from 11:00 am to 1:30 pm at the City Yard located on 751 S outh Alhambra Avenue. The "People, Purpose, Presence " theme focuses on how public works professionals improve our quality of life by providing services such as transportation, water, wastewater, and stormwater treatment, public building and spaces, parks and grounds, emergency management and first response, and right-of way management. They make communities, like Monterey Park, dynamic places to live and work by providing essential services that lead to healthier, happier, more vibrant communities.
FISCAL IMPACT:
None.
Consent Calendar - 3R
Staff Report
May 7, 2025
Respectfully submitted by:
Shawn Igoe
Director of Public Works
Approved by:
Inez Alvarez
City Manager
ATTACHMENT:
1. Resolution – Public Works Week
Staff Report
May 7, 2025
ATTACHMENT 1
Resolution – Public Works Week
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEREY PARK DECLARING MAY 18-24 , 202 5 AS PUBLIC WORKS WEEK IN
MONTEREY PARK
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. Public works professionals focus on infrastructure, facilities, emergency management, and services that are of vital importance to sustainable and resilient communities and the public health, high quality of life, and well-being of the people of Monterey Park and,
B. T hese infrastructures, facilities, and services could not be provided without the dedicated efforts of public works professionals, who are federally mandated first responders, and the engineers, managers, and employees at all levels of government and the private sector, who are responsible for rebuilding, improving, and protecting our nation’s transportation, water supply, water treatment, public buildings, and other structures and facilities essential for our citizens; and,
C. It is in the public interest for the citizens, civic leaders, and children in Monterey Park to gain knowledge and maintain ongoing interest and understanding of the importance of public works first responders and public works programs in their respective communities; and,
D. The City of Monterey Park hereby designates the week May 18-24 , 2025 , as National Public Works Week recognizing its public works professionals, engineers, managers, and employees and the substantial contributions they make to protecting our national health, safety, and quality of life.
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.
Resolution No.
PASSED AND ADOPTED this 7th day of May, 2025.
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
City Council Staff Report
DATE: May 7, 2025
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Philip Lanzafame, Interim Director of Community Development SUBJECT: A public hearing to consider introduction and first reading of an Ordinance amending Title 21 of the Monterey Park Municipal Code (“MPMC”) to implement the City’s adopted Housing Element (ZCA 25- 02), and re -zoning certain properties, including repealing the North - Atlantic, Mid-Atlantic, and Garvey -Garfield specific plans, to conform with the City’s General Plan Land Use Designation (ZA 25-02) RECOMMENDATION:
It is recommended that the City Council consider:
1. Continuing the public hearing to the June 4, 2025, City Council meeting; and
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The proposed Ordinance amends the MPMC to implement the City’s adopted Housing Element, and rezone certain properties. It also addresses the North-Atlantic, Mid-Atlantic, and Garvey -Garfield specific plans to conform with the City’s General Plan Land Use Designations.
The Interim Director of Community Development recommends continuing this item to the June 4, 2025, City Council meeting to allow staff time to fully assess the implications of the recommended actions and to develop a coordinated plan.
Respectfully submitted by: Prepared by:
Philip Lanzafame
Interim Director of
Community Development
Eliana Muñoz
Senior Planner
Public Hearing - 4A
Staff Report
May 7, 2025
Approved by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
City Council Staff Report
DATE: May
7, 2025
AGENDA ITEM NO:
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council
Diana Garcia, Assistant City Manager
Consideration to provide a Letter of Support on behalf of the City
RECOMME
NDATION:
It is recommended that the City Council consider:
1. If desirable, directing staff to prepare a letter on behalf of the City supporting the request;
2. Taking such additional, related, action that may be desirable.
EXECUTIVE SU
MMARY:
California State University, Los Angeles is requesting that the City of Monterey Park to consider submitting a letter urging the Governor and legislative leadership to reject the proposed $375 million cut to the California State University (CSU) system and to uphold the state’s financial commitments to the CSU in the 2025–26 budget. The email received by Mayor Ngo and City staff is attached for reference along with information about the impact of the proposed budget cuts. A sample letter is also attached for City Council’s consideration.
FISCAL I
MPACT:
There is no direct fiscal impact associated with this item.
Respectfully submitted by: Prepared by:
Inez Alvarez
City Manager
Diana Garcia
Assistant City Manager
Reviewed by:
Karl H. Berger
City Attorney
ATTACHMENT:
1. Email Request from California State University, Los Angeles with attachments New Business - 5A
Staff Report
May 7, 2025
ATTACHMENT 1
Email Request from California State University,
Los Angeles with attachments
From: Gonzales, Omar I
To: Ngo, Vinh T.; Alvarez, Inez
Subject: Request to Submit CSU Budget Advocacy Letter
Date: Thursday, April 17, 2025 4:56:01 PM
Attachments: image001.png
2025 CSU Budget Advocacy Fact Sheet (March 2025).pdf
2025 CSU Budget Advocacy Infographic Sheet (March 2025).pdf MontereyPark_CSU Budget Letter_FINAL.docx
[EXTERNAL EMAIL]
CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders.
Dear Mayor Ngo and City Manager Alvarez,
On behalf of Cal State LA, I’m reaching out to respectfully request that the City of Monterey Park consider submitting a letter urging the Governor and legislative leadership to reject the proposed $375 million cut to the California State University (CSU) system and to uphold the state’s financial commitments to the CSU in the 2025–26 budget.
As a proud anchor institution serving Monterey Park and the greater San Gabriel Valley, Cal State LA plays a vital role in driving upward mobility and workforce development across the region. Senate District 25—which includes the City of Monterey Park—has the highest concentration of Cal State LA alumni in the state, with over 68,800 graduates living in the district. This is a direct reflection of the university’s deep commitment to serving local students and families.
The proposed budget cut would reduce Cal State LA’s operating budget by $24.6 million, threatening our ability to offer the courses, services, and student support that enable our students to succeed and graduate on time. These reductions would disproportionately impact first-generation students, working adults, and students of color—the very communities Cal State LA is proud to serve.
I’ve attached a customizable letter template for your consideration, along with two background documents prepared by the CSU Chancellor’s Office: a fact sheet and infographic outlining the systemwide impacts of the proposed cut.
We greatly value our partnership with the City of Monterey Park and would be honored to have your support in advocating for full CSU funding. Your voice as a regional leader would make a meaningful difference.
Please don’t hesitate to reach out with any questions or if you’d like support finalizing the letter.
Best,
Omar
OMAR GONZALES
Executive Director
External Affairs and University Relations
California State University, Los Angeles
5151 State University Drive
Los Angeles, CA 90032
T 323.343.3030
calstatela.edu
| We Are LA
Produced by MarCom | WZ14528 | 03.25
REQUEST
The CSU is advocating for measures to avoid the $375 million ongoing reduction and preserve the full funding of the CSU in 2025-26. The CSU also disagrees with the proposed deferral of compact into the future.
BACKGROUND
The California State University (CSU) is facing significant financial challenges, due in part to a proposed state budget cut, threatening the quality of education provided to its more than 460,000 students at its 23 campuses, jeopardizing gains in enrollment, graduation rates and delivery of basic services.
T
he governor’s budget proposal poses serious challenges for the CSU. A $375 million ongoing reduction threatens CSU’s financial stability that is equivalent to 36,000 students or 5% of its operating fund. To put the cut in perspective, the $375 million cut is akin to the operating budget of Fresno State, a university serving 24,000 students. Further, a planned 5% base funding increase in 2025-26 was deferred to 2027-28 with a promise of one-time back payments.
Already, budget shortfalls total $138 million in 2023-24 and $218 million in 2024-25 across the system. The state forecasts state budget deficits in future years heightening the risk that proposed future payments to the CSU will not occur. The proposed cut would force further reductions in academic programs and student services undermining equity initiatives, graduation rates, and CSU’s critical role in California’s workforce and economy.
C
SU HAS ALREADY MADE SIGNIFICANT CUTS
Despite receiving three consecutive years of state compact funding, CSU’s costs associated with rising health care benefits, workforce compensation, and a variety of inflationary expenses have resulted in costs consistently exceeding revenue,
exacerbating financial challenges. Below are examples of key actions already taken by the CSU and its universities during 2023-24 and 2024-25.
• Course Sections: 1,430 sections were eliminated by 7 universities, representing a 7% course reduction and 35,000 student seats at those universities.
• Job Reductions: 1,208 positions were cut across 17 universities. • Student Support Employees: 13 universities reduced their financial aid, mental health, and academic counseling employees by 7.3%.
• Degree Programs: Due to low enrollment, 73 programs were suspended, and 63 were discontinued by trustees in 2024.
• Management Personnel: 98 employees in good standing were not retained due to fiscal constraints.
IMPACTS OF CUTS AND DEFERRAL
The proposed budget cut, compounded by a deferral, would have profound impacts on the CSU system. Larger class sizes would result from reduced funding, diminishing individual attention and student engagement. Course offerings would be significantly limited, creating barriers for students attempting to complete their degrees on time. Critical support services, essential to student well-being and academic success, would face cuts, leaving many without necessary resources. Additionally, layoffs, non-retention, and hiring freezes, already underway, would escalate, jeopardizing the quality of education and the stability of campus operations.
STOP CSU BUDGET CUT OF $375 MILLION
STOP CSU BUDGET CUT OF $375 MILLION
#STOPCSUCUTS
The governor’s budget proposal presents significant challenges for the CSU and over 460,000 students, jeopardizing its financial stability and undermining its vital role in California’s workforce and economy.
Produced by MarCom | WZ14580 | 3.25
THE BUDGET SQUEEZE
THE SCALE OF THE PROPOSED BUDGET CUT IS EQUIVALENT TO:
2,400
FULL-TIME
FACULTY OR
9%
OF ALL
FACULTY
5%
REDUCTION
TO ALL
23 CAMPUS
BUDGETS
THE ENTIRE
BUDGET
OF A
UNIVERSITY
SERVING
24,000
STUDENTS
19,800
COURSES
AFFECTING
455,000
SEATS
3,300
(17%)
STAFF
POSITIONS
WHO WE SERVE
PELL GRANT STUDENTS*
Nearly half of undergraduates
receive the Pell Grant.
FIRST-GEN STUDENTS*
More than one quarter of
undergraduates are the first in their
families to attend college.
DIVERSITY OF STUDENTS*
More than half of CSU students
are from traditionally
underrepresented backgrounds.
PROGRESS HALTED
THE $375 MILLION CUT WILL SLOW OR HALT CSU’S PROGRESS AND IMPACT:
SOCIAL MOBILITY
All 23 CSUs were ranked in
the 4-Year California Mobility
Index for institutions of higher
education.
WORKFORCE IMPACT
CSU helps create 209,400
jobs annually.
ECONOMIC IMPACT
CSU returns nearly $7 for
every $1 invested by CA.
TIME TO DEGREE
CSU’s Graduation Initiative 2025
has reduced students’ time to
degree, saving them money.
ENROLLMENT GROWTH
First-Year enrollment has seen
historic highs (65k to 68k) in the
last two years.
GRADUATION RATE
CSU’s four-year graduation
rate has doubled (18% to 36%)
since 2015.
*2024 numbers
OR OR OR OR
City Council Staff Report
DATE:
AGE
NDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Director of Public Works
SUBJECT: Approve the Notice of Public Hearing for Refuse Rate Adjustments and Set a Public Hearing Date on July 16, 2025
RECOMMENDATION:
It is recommended that the City Council consider:
1. Receiving and filing the Solid Waste Franchise Fee Study;
2. Approving the proposed refuse rates for customer consideration;
3. Directing the City Manager, or designee, to implement the Proposition 218 protest ballot process (pursuant to Resolution No. 11647) for proposed rate setting;
4. Setting a Public Hearing to consider rate increases; and
5. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
In 2017, the City Council adopted Ordinance No. 11951, establishing solid waste rates and charges. Since then, there have been changes to the cost of services and facilities necessary to deliver solid waste services to residents and commercial properties in the City. These changes have been influenced by new state regulations for the collection and disposal of solid waste, recycling, and organic waste, and new franchises for solid waste collection services in the City, resulting in increases to operational and administrative costs.
In January 2024, the City entered into an agreement with R3 Consultants to complete a solid waste franchise fee study (“Study”) to identify costs for the management and administration of solid waste services. The last study for refuse rates was completed in 2014. Staff worked with R3 to develop a rate analysis inclusive of refuse rates and charges that can effectively fund the City’s refuse enterprise.
Pursuant to Article XIII D, Section 6 of the California Constitution (added by voters via Proposition 218), before imposing new or increasing existing property- related rates for solid waste, the City must provide notice by mail of a public hearing for considering such rates. The notice must be provided at least 45 days before the date of the public hearing on the proposed fees. In 2014, the City Council adopted Resolution No. 11647 establishing procedures for increasing maximum rates for property-related fees in May 7, 2025
New Business - 5B
Staff Report
May 7, 2025
accordance with the requirements of Proposition 218. These procedures require the City Council to approve the Proposition 218 Notice, which contains the proposed monthly rates for residential and commercial refuse services; and the date in which the rates would become effective if approved.
It is recommended that City Council approve the proposed Proposition 218 Notice, which provides a notice date of July 16 , 202 5, for a public hearing and effective date of September 1 , 202 5, for implementation of proposed rates. If the attached notice is approved, it will be mailed to property owners and tenants who are directly responsible for paying refuse bills. Property owners (and tenants) have the ability to “protest” the proposed Rates until the close of the public hearing. If a majority of the parcels file written protests with the City before the close of the public hearing, Proposition 218 states that the City cannot implement the proposed fee. If a majority of the parcels do not protest the proposed increase, the Council may implement the proposed rate increase. Only one ballot per parcel is counted during the protest proceedings. Thus, while there may be multiple owners or tenants for one parcel of property, only one vote will be counted from that parcel.
BACKGROUND:
At the March 26, 2024, City Council meeting, City Council awarded a new , exclusive residential solid waste franchise agreement to Ware disposal and non-exclusive commercial solid waste franchise agreements to Ware Disposal and Athens Services for the collection, processing, and disposal of solid waste . The new franchise agreements went into effect September 1, 2024, and included updated customer rates for solid waste services. Customers are charged a monthly rate based on service level which varies by container size, number of containers and collection frequency. Under the new franchise agreements, the standard service level for single-family customers is weekly collection of one (1) black cart for solid waste, one (1) blue cart for recycling and one (1) green cart for organics recycling.
Refuse rate charges, including franchise fees paid to the City by the contractors were not updated at the start of the franchise agreements. Franchise fees are charged to cover the costs incurred by the City in managing, administering, and enforcing the services provided in the franchise agreements, as well as the charge for the use of the public right- of-way for set-out and collection of solid waste containers. The following charges currently apply to commercial refuse rates: CERCLA (Comprehensive Environmental Response, Compensation, and Liability Act)\ (5%), Commercial Service Collection Fee (5%), Waste Management Surcharge (4%) and City Fee (15.8%) for a combined total of 29.8% .
Because these fees have not been updated for several decades, the City worked with R3 consultants to complete a Study to identify costs that may be recovered through the Franchise fees to sustain the City’s refuse enterprise.
The proposed franchise fee has three components: City costs for the management and administration of the agreements; charges for the use of the public right-of-way; and costs
Staff Report
May 7, 2025
associated with pavement impacts. The following table provides a breakdown of costs for each category:
Category Residential Franchise
Annual costs
Commercial Franchise
Annual costs
City’s Costs $187,259 $187,259
Property Use Charges $704,777 $43,124
Pavement Impacts $187,500 $272,500
Maximum fees $1,079,536 $502,883
All calculated amounts were reviewed by the City for reasonableness and consistency with applicable franchise fee charges. Based on the results of th e Study, it is recommended that the Cit y consider a maximum $1,079,536 Franchise Fee for the residential agreement and a maximum $502,883 in franchise f ees for the commercial agreements. R3 estimates that a $1,079,536 annual Franchise Fee for the Residential Agreement would be approximately 14.13% of gross revenues to the Residential Contractor. Similarly, a $502,883 annual Franchise Fee covering both Commercial and Residential Agreements would be approximately 14.40% of gross revenues to the Commercial Contractors. Based on these findings, the current residential rates would need to be adjusted by 14.13%. A list of proposed residential rates are provided in the following table. The proposed rates include the average annual percentage change in the Consumer Price I ndex (CPI) for all urban consumers in the Los Angeles- Long Beach- Anaheim Region (3.30%):
RESIDENTIAL
(Cart Service)
Service Type Current Rate Proposed Rate
Effective September 1, 2025
96 black / 96 green & blue $ 29.99 $ 35.36 96 black / 64 green & blue $ 28.00 $ 33.01 64 black / 96 green & blue $ 27.87 $ 32.86 64 black / 64 green & blue $ 27.00 $ 31.83 Extra 96 black $ 10.00 $ 11.79 Extra 96 green $ 9.00 $ 10.61 Extra 96 blue $ 7.50 $ 8.84 Extra 64 black $ 8.00 $ 9.43 Extra 64 green $ 7.50 $ 8.84 Extra 64 blue $ 5.50 $ 6.48 Extra 32 black $ 6.00 $ 7.07 Extra 32 green $ 5.00 $ 5.89 Extra 32 blue $ 3.50 $ 4.13 Roll-out $ 25.00 $ 29.47 Extra Exchange $ 35.00 $ 41.26
Staff Report
May 7, 2025
MULTIFAMILY RESIDENTIAL
(Bin Service)
Service Type Current Rate Proposed Rate
Effective September 1, 2025
1 cy / 1x week $ 99.00 $ 116.72 1 cy / 2x week $ 180.00 $ 212.21 1 cy / 3x week $ 255.00 $ 300.64 1 cy / 4x week $ 320.00 $ 377.27 1 cy / 5x week $ 385.00 $ 453.90 1 cy / 6x week $ 450.00 $ 530.53 1 cy Special Services $ 125.00 $ 147.37 2 cy / 1x week $ 111.00 $ 130.86 2 cy / 2x week $ 188.00 $ 221.65 2 cy / 3x week $ 290.00 $ 341.90 2 cy / 4x week $ 360.00 $ 424.43 2 cy / 5x week $ 430.00 $ 506.95 2 cy / 6x week $ 500.00 $ 589.48 2 cy Special Services $ 125.00 $ 147.37 3 cy / 1x week $ 125.00 $ 147.37 3 cy / 2x week $ 250.00 $ 294.74 3 cy / 3x week $ 360.00 $ 424.43 3 cy / 4x week $ 450.00 $ 530.53 3 cy / 5x week $ 540.00 $ 636.64 3 cy / 6x week $ 630.00 $ 742.75 3 cy Special Services $ 125.00 $ 147.37 Maximum commercial rates are charged by each individual hauler based on service level.
Commercial rate charges will be set at 14.4% as identified in the Study. A list of proposed maximum commercial rates to be charged by each hauler is attached as Attachment 2.
Should City Council not want to consider implementing the maximum franchise fee, staff would revise the proposed rates based on City Council’s direction and would adjust the franchise fee rates accordingly.
2024-25 STRATEGIC PLAN GOAL:
The proposed rate study and Prop 218 process supports the City’s goal to maintain fiscal stability of our city’s financial resources. Updating refuse rates and charges will allow the City to recover costs for the delivery of solid waste service.
FISCAL IMPACT:
The mailing costs for distributing the proposed Proposition 218 Notice is approximately $8,500. If the maximum franchise fee is adopted, the proposed refuse rate increase will result in approximately $ 1,079,536 in annual refuse rate and charges revenue from residential agreement and $502,883 for the commercial agreement.
Staff Report
May 7, 2025
Respectfully submitted by: Prepared by:
Shawn Igoe
Director of Public Works
Xochitl Tipan
Public Works Manager
Approved by: Reviewed by:
Inez Alvarez
City Manager
Solange Z. Fortenbach
Deputy City Attorney
ATTACHMENTS:
1. Franchise Fee Study
2. Proposed Residential and Commercial Rates
3. Prop 218 Notice
Staff Report
May 7, 2025
ATTACHMENT 1
Franchise Fee Study
1512 Eureka Road, Suite 220, Roseville, CA 95661 | p 916.782.7821 | f 916.782.7824 | www.r3cgi.com September 25, 2024
Xochitl Tipan
Administrative Manager
City of Monterey Park
submitted via email: [email protected]
SUBJECT: Solid Waste Franchise Fee Study – R3 Final Report
Dear Ms. Tipan,
R3 Consulting Group, Inc. (R3) is pleased to submit the attached Final Report of solid waste franchise fee study (Study) to the City of Monterey Park (City). This report presents our analytical methodology, results and findings, and recommendations regarding the solid waste Franchise Fees to be paid by the City’s solid waste collection service providers (Ware Disposal, Inc. and Athens Services, taken together “Contractors”) per the new September 1, 2024, agreements (Agreements) between the City and the Contractors. The Agreements include an Exclusive Residential Discarded Materials Agreement (Residential Agreement) between the City and Ware Disposal, Inc. (Residential Contractor) and the Non- Exclusive Commercial Discarded Materials Agreements (Commercial Agreements) between the City and Ware Disposal, Inc. and Athens Services (Commercial Contractors).
The purpose of this Study was to comprehensively analyze and calculate the following:
City’s Costs: The annual costs to the City for performing its management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractors’ Agreements.
Property Use Charges: The annual use charge to the Contractors for their special and lasting access to use government property in the public right-of-way for placement of solid waste containers and collection of the solid waste contents.
Pavement Impacts: The annualized costs for pavement repair, maintenance, and rehabilitation resulting from the unique impacts to City street pavement caused by the Contractors’ solid waste collection vehicles during the course of providing sanitation service.
These values were not calculated by this Study and were provided by the City as the work product of other consultants.
Total annual Franchise Fees applicable to the Residential Agreement and Commercial Agreements were calculated such that they were not more than necessary to cover the City’s costs in managing and administering the Agreements, plus the value of the Contractors’ use of the public right-of-way, plus the Pavement Impacts calculated by the City’s other consultants.
Sincerely,
Garth Schultz | Principal
R3 Consulting Group, Inc.
510.292.0853 | [email protected]
TABLE OF CONTENTS
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report toc - i
1. Executive Summary
page 1
2. Methodology & Calculations
page 4
3. Findings & Conclusions
page 9
4. Recommendations
page 10
1. EXECUTIVE SUMMARY
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 1 of 10 Background
The City’s September 1, 2024 Agreements with the Contractors are for the collection, processing, and disposal of solid waste from Contractors’ solid waste service subscribers in the City. The Agreements provides the Contractors with the rights to provide critical aspects of the City’s solid waste services, including solid waste collection and the other services and programs included in the Agreements. The Agreements specify that the Contractors will charge solid waste service subscribers, with the Contractors billing and collecting revenues from subscribers and the City authorizing the maximum rates that the Contractors may charge pursuant to the rate adjustment methodology included in the Agreement s.
Per the Agreements, the Contractors are to pay the City Franchise Fees to cover the costs incurred by the City in managing, administering, enforcing, and supplementing the services provided in the Agreements, as well as the charge for the use of the public right-of-way for the special and lasting access to use it for set-out and collection of solid waste containers, and Pavement Impacts.
Purpose
The purpose of this Study is to identify the amounts that may be reasonably recovered through the Franchise Fees paid by the Contractors to the City as exempt from consideration as taxes. In terms of the applicable legal framework, this analysis seeks to quantify whether amounts that may be reasonably recovered through the Franchise Fees paid by the Contractors to the City fall within an exemption to the definition of a tax per Article XIII C, Section 1(e) of the California Constitution (“Proposition 26”) .
There are four primary exceptions to the Proposition 26 definition of tax that are relevant:
Exception 1: “A charge imposed for a specific benefit conferred or privilege granted directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of conferring the benefit or granting the privi lege.” Exception 2: “A charge imposed for a specific government service or product provided directly to the payor that is not provided to those not charged, and which does not exceed the reasonable costs to the local government of providing the service or product.” Exception 3: “A charge imposed for the reasonable regulatory costs to a local government for issuing licenses and permits, performing investigations, inspections, and audits, enforcing agricultural marketing orders, and the administrative enforcement and adjudication thereof.” Exception 4: “A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property.”
Franchise Fees are fees with three components. The first component includes the City’s proportionate costs (City’s Costs) per Exceptions 1, 2 and 3. The second component includes the proportionate charges for the Contractors’ use of the public right-of-way (Property Use Charges) per Exception 4. The third component includes the City’s proportionate costs associated with pavement impacts (Pavement Impacts) per Exception 1.
Methodology and Findings
To complete this Study, R3 reviewed and analyzed information provided by the City pertaining to the City’s Costs and Property Use Charges; we also relied on analytical results from other City consultants pertaining to Pavement Impacts (as was the City’s direction). Using that information, we then calculated – as a subset of the total amounts in these categories – the proportionate amounts necessary to cover the City’s costs, including staffing and other costs and use of government property in the public right-of-way during the course of providing sanitation service. All calculated amounts in this Study are in current Fiscal Year (FY) 2023-24 dollars. Minor difference in dollar figures shown in the report are due to rounding.
Executive Summary
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 2 of 10 City’s Costs
The annual costs for management and administration of the Agreements. Staffing costs are calculated based on estimated time allocations (based on historical experience and the assessment of current City employees). The calculation results are $374,518 in City’s Costs. Split evenly between the Agreements, the amounts are $187,259 for the Residential Agreement and $187,259 for the Commercial Agreements.
Property Use Charges
The annual charge to the Contractors for use of government property in the public right-of-way is calculated as a function of estimates for the number of solid waste accounts setting out solid waste collection containers in the right-of-way, the set-out area used, the amount of time it is used, and the market value for the per square foot use of the public right-of-way.
The calculation result for the use of the public right-of-way is a proportionate annual total Property Use Charge of $747,901, with $704,777 being applicable to the Residential Agreement and $43,124 being applicable to the Commercial Agreements.
Pavement Impacts
The annualized costs for pavement repair, maintenance, and rehabilitation is calculated based on the proportionate impact to pavement from solid waste collection vehicles compared to other sources of impacts. Calculations of Pavement Impacts were performed by other consultants to the City and were not calculated via this Study. These are separate from Property Use Charges, in that Pavement Impacts are derived from damage caused to pavement by Contractors’ vehicles, while Property Use Charges are derived from the use of the public right-of-way for the set-out and collection of solid waste containers.
The calculations provided by other consultants to the City yield results for the annual proportionate Pavement Impacts caused by Contractors’ solid waste collection vehicles during the course of providing sanitation service in the amounts of $187,500 for the Residential Agreement and $272,500 for the Commercial Agreements, for a total of $460,000 across all three Agreements.
Conclusions
Franchise Fee
The sum of the annual City’s Costs and Property Use Charges calculated in this Study are $892,036 for the Residential Agreement ($187,259 for City’s Costs plus $704,777 in Property Use Charges) and $230,383 for the Commercial Agreements ($187,259 for City’s Costs, plus $43,124 in Property Use Charges).
Adding the annual Pavement Impacts calculated by other City consultants yields $1,079,536 for the Residential Agreement ($187,259 for City’s Costs, plus $704,777 in Property Use Charges, plus $187,500 in Pavement Impacts) and $502,883 for the Commercial Agreements ($187,259 for City’s Costs, plus $43,124 in Property Use Charges, plus $272,500 in Pavement Impacts).
The City may consider a maximum $1,079,536 Franchise Fee for the Residential Agreement and a maximum $502,883 in Franchise Fees for the Commercial Agreements. Based on the results of this Study, these amounts are not more than necessary to cover the City’s costs incurred in managing and administering the Agreements, plus the value of the Contractors’ use of the public right-of-way, plus annual proportionate Pavement Impacts.
The City may consider Franchise Fees that are less than the amounts calculated by this Study, which would result in Franchise Fees being below the calculated amounts necessary to cover the City’s Costs, Property Use Charges, and Pavement Impacts. Given that the calculations in this Study are estimates based on ranges (and are therefore limited as described in the section below) and given unknown but possible changes in the legal framework affecting what may constitute allowable costs for Franchise Fee revenue r ecovery
Executive Summary
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 3 of 10 in the future, adoption of Franchise Fees below the amounts calculated via this Study would be a conservative approach that would further bolster reasonableness.
R3 estimates that a $1,079,536 annual Franchise Fee for the Residential Agreement would be approximately 14.13% of gross revenues to the Residential Contractor (assuming that the Franchise fee would be funded by residential rate revenues).
R3 estimates that a $502,883 annual Franchise Fee covering both Commercial Agreements would be approximately 14.40% of gross revenues to the Commercial Contractors (assuming that the Franchise fee would be funded by commercial rate revenues).
Reasonableness of Estimates and Assumptions
In performing calculations, it was necessary to estimate certain values for which reasonable ranges exist.
Where assumptions were necessary for completing calculations, our objective was to apply assumptions on the lower end of the reasonable range based on our professional experiences working on similar matters for other agencies. Had we used other higher assumptions, the results of this Study would have been higher calculated Franchise Fee amounts. Therefore, we conclude that the calculated fee amounts are not higher than necessary to cover the City’s reasonable costs plus the reasonable value of the Contractors’ use of the public right-of-way.
Limitations
This Study relies on information provided by the City which we have reviewed and analyzed for reasonableness and accuracy but did not independently audit or verify. This includes the calculations of Pavement Impacts, which were conducted by other consultants to the City outside of this Study.
As stated above, it was necessary to estimate certain values for which reasonable ranges are known to exist. Though changes to estimates and other underlying assumptions may materially change the calculations, we have elected to apply estimates on the low end of reasonable ranges, thus minimizing the potential that changes in calculations would result in different ultimate findings. We have reviewed estimates and assumptions with City staff and have mutual concurrence on applicability and reasonableness of all such values in this Study.
Finally, the methodology employed by this Study calculates the reasonable values for the Franchise Fee within the context of current laws, regulations, and court rulings. Changes in the legal framework may require revisions to the methodology and findings contained in this Study.
2. METHODOLOGY & CALCULATIONS
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 4 of 10 City’s Costs
Methodology
R3 reviewed and analyzed information provided by the City pertaining to the General Fund costs incurred for management, administration, regulatory compliance and enforcement, solid waste collection and clean-up, and other obligations associated with the Contractors’ Agreements.
These costs include and may not be limited to:
Staffing costs, including salaries and benefits.
Contracted services.
Capital and equipment depreciation.
Capital and equipment operations and maintenance.
Supplies and materials.
Using the total annual salary, benefits, and other cost information provided by City staff (Finance Director and Public Works Director) for FY 2023-24, we estimated the proportion of costs associated with management and administration of the Agreements. We then calculated the proportionate totals and categorized them by the functions listed in the sections below.
Variables, Estimates and Assumptions
Staffing Costs
Variables associated with salaries and benefits include the allocation of time that positions are dedicated to management and administration of the Agreements (including time supervising others with primary responsibility for these duties), the amount by which funding of salaries and benefits will be paid by the General Fund. The estimated time allocation by position category provided by the City and used in this Study is shown in Table 1, below and on the following page. Finance positions that are include are indirectly associated with the management and administration of the Agreements, including processing of fee payments, payroll and accounts payable functions, and general overhead (which is not otherwise included in this Study). Other positions are either directly or indirectly responsible for the City’s solid waste services and management and administration of the Agreements.
Table 1: Allocations of Staffing Time by Position
Positions Time
Allocation
Finance Director and Finance Manager 5.5%
Financial Analyst 25.0%
Sr. Account Clerk (3) 33.3%
Sr. Accountant 3.6%
Methodology & Calculations
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 5 of 10 Positions Time
Allocation
Info Tech Systems Manager 1.1%
Administrative Secretary 22.9%
Administrative Manager 30.0%
Director of Public Works 9.0%
Public Works Maintenance Manager 25.0%
Management Analyst 25.0%
Public Works Maintenance Supervisor responsible for Illegal Dumping Clean- up Response, Clean-up, Mitigation, and Prevention. 25.0% Public Works Maintenance Worker responsible for Public Solid Waste Receptable Collection. 50.0%
R3 verified with City staff that the salaries and benefits included in this Study will be paid by the General Fund – any non-General Fund portions of positions included in Table 1 have been excluded from the calculations.
Analysis
Direct Management and Administration
This category includes City staffing and consulting costs for direct management and administration of the Agreements. Staffing costs include allocated costs for the City’s Finance Director, Financial Analyst, Sr.
Account Clerk, Administrative Manager, Director of Public Works, and Public Works Maintenance Manager, for a total annual calculated cost in this category of $228,975.
Indirect Management and Administration
This category includes City staffing costs for indirect management and administration, including supervision of those responsible for direct management and administration of the Agreement s and associated responsibilities. Allocated costs for the Sr. Account Clerks, Sr. Accountant, Info Tech Systems Manager, Administrative Secretary, and Management Analyst are calculated for total annual costs in this category of $145,543.
Annual Total of City’s Costs
Table 3, below, shows the total of the City’s Costs for management and administration of the Agreement s as calculated in this Study, by category.
Methodology & Calculations
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 6 of 10 Table 3: City’s Annual Costs by Category and in Total
Category Staffing Costs
Direct Management and
Administration $228,975
Indirect Management and
Administration $145,543
Total Annual City’s Costs $374,518
Property Use Charges
Methodology
R3 reviewed and analyzed information provided by the City pertaining to Property Use Charges for Contractors’ use of the public right-of-way for collection of solid waste collection containers. They then calculated the annual Property Use Charges based on:
The setout area used for collection of solid waste containers (in square feet).
The amount of time that the area is used.
The market value for use of the public right-of-way (in dollars per square foot).
The number of solid waste subscribers setting out collection containers in the public right -of- way.
Using these values, we calculated the market value for the Contractors’ use of government property in the City.
Variables, Estimates, and Assumptions
Setout Area
Standard residential solid waste collection setouts include three solid waste collection containers, usually carts with wheels and lids, with one each for garbage, recycling, and organics waste streams. The setout area needed for placement of these containers is inclusive of the width of each container (typically two feet) as well as minimum required space between the containers and other objects such as cars (minimum of one feet). The set-out area also takes up available parking space and is, thus, assumed to extend six feet out from the curb. Taken altogether, the area for residential setouts is calculated as three containers that are each two feet wide, plus one foot between each container and other objects, for a total area ten feet wide times six feet in depth. The result is 60 square feet of setout area per serviced single- family residential property.
The amount of area used for commercial setouts (in this Study, use of the term commercial also always includes multi-family) can vary widely, as there is no standard commercial subscription size profile – each commercial solid waste subscriber can select from a range of container sizes, with most of them being larger than the containers used in residential areas. Given this complexity, this Study assumes that the average commercial setout area is twice that of the residential setout area, for 120 square feet. This estimate is likely lower than the average setout area needed in commercial areas and is, therefore, conservative.
Methodology & Calculations
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 7 of 10 Setout Time Usage
Standard residential solid waste collection setouts include three solid waste collection containers, usually carts with wheels and lids, with one each for garbage, recycling, and organics waste streams. The setout area needed for placement of these containers is inclusive of the width of each container (typically two feet) as well as minimum required space between the containers and other objects such as cars (minimum of one feet). The set-out area also takes up available parking space and is, thus, assumed to extend six feet out from the curb. Taken altogether, the area for residential setouts is calculated as three containers that are each two feet wide, plus one foot between each container and other objects, for a total area ten feet wide times six feet in depth. The result is 60 square feet of setout area per serviced single- family residential property.
The amount of area used for commercial setouts (in this Study, use of the term commercial also always includes multi-family) can vary widely, as there is no standard commercial subscription size profile – each commercial solid waste subscriber can select from a range of container sizes, with most of them being larger than the containers used in residential areas. Given this complexity, this Study assumes that the average commercial setout area is twice that of the residential setout area, for 120 square feet.
Commercial solid waste containers, especially the metal bin-type containers, range in size from one cubic yard to four cubic yards (which are approximately two to eight times the volume of the largest residential containers) and are thus typically much larger in footprint area than residential containers. Additionally, commercial subscribers can and often do use a greater number of containers than residential customers.
For these reasons we conclude that our assumption of 120 square feet for commercial s etouts (twice the residential setout) is likely lower than the average setout area needed in commercial areas and is, therefore, conservative. If detailed information about the number and type of commercial containers were available, it is likely that information would support setout areas larger than the 120 square feet assumed in this Study.
Market Value for Use of Public Right-of-Way
To establish the market value for use of the public right-of-way, R3 conducted an online survey of recent purchases of bare land in the City and locally in Los Angeles County. R3 sampled twenty-seven recent sales of bare land, which were sold for a median of $26.12 per square foot. To that value, R3 added the per square foot value of the City’s street pavement, which is calculated as a function of the total replacement value of the City’s streets ($229,765,000) divided by the area of the streets in square f eet (24,834,707) both of which are contained in the City’s pavement management plan.
The resultant value of the street improvements is $9.25 per square foot, which, when added to the $26.12 market value of bare land, yields $35.37 per square foot. This value is then divided by a rental realization rate of 3.40, which was established via online survey of 30 parking space rentals in and around the City for a total annual per square foot use charge for the public right-of-way of $10.23. R3 believes this value to be conservative – other methodologies that could have been applied would have resulted in a higher estimated market value for the use of the public right-of-way. For example, had this Study used “parklet rental fee” charges established in other California communities, with an approximate average annual per square foot value of $15.00 per square foot, the results from this Study would be higher than estimated herein.
Number of Subscriptions Setting Out Containers
The City reports that there are 11,912 residential and 3,278 commercial solid waste service subscribers in the City. However, not all subscribers set out their containers in the public right-of-way for collection all the time. To account for non-setouts (either because subscribers don’t have waste materials to set out or because they receive on-premises service) we assume that only 90% of residential solid waste subscribers set out containers on a regular basis, for a resulting total of 10,721 average residential setouts. It is also understood that most commercial subscribers do not set out containers in the public right-of-way, and therefore we conservatively assume that only 5% of commercial subscribers set out
Methodology & Calculations
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 8 of 10 containers on a regular basis, for a resulting total of 164 average commercial setouts. It should be noted that the 90% set-out estimate for residential customers may be low, and the 5% set-out rate for commercial customers is almost certainly low – were one to take field observations for these values, we believe that the actual rates of set-out would be higher than used for the purposes of this Study.
Analysis and Total Annual Property Use Charges
Calculating the total annual Property Use Charges using the variables, estimates, and assumptions from the prior section is a function of multiplication, as shown in Table 4, on the following page.
Table 4: Calculation of Total Annual Property Use Charges Variable Category Residential Commercial
Grand Total Annual
Property Use Charge
Setout Area 60 SF 120 SF
Setout Time Usage 10.71% 21.42%
Annual Use Charge $10.23 per SF $10.23 per SF
Number of Setouts 10,721 164
Total Annual Property
Use Charges $704,777 $43,124 $747,901
3. FINDINGS & CONCLUSIONS
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 9 of 10 Franchise Fee
R3 calculated estimates of the City’s Costs and Property Use C harges based on actual and estimated cost information provided by the City, and with reasonable and conservative assumptions for estimated values.
The sum of annual City’s C osts and Property Use Charges calculated in this Study is $1,122,419.
o For the Residential Agreement, the amounts are $187,259 in City’s Costs and $704,777 in Property Use Charges, for a total annual amount calculated by this Study of $892,036.
o For the Commercial Agreements, the amounts are $187,259 in City’s Costs and $43,124 in Property Use Charges, for a total annual amount calculated by this Study of $230,383.
The City separately commissioned other consultants to calculate Pavement Impacts, w
hich were $460,000 annually, $187,500 for the Residential Agreement and $272,500 for t
he Commercial Agreements. Adding these to the amounts above yields, o $1,079,536 in maximum annual Franchise Fees for the Residential Agreement. o $502,883 in maximum annual Franchise Fees for the Commercial Agreements.
Where assumptions were necessary to complete the analysis in this Study, reasonable at
tempts were made to apply conservative assumptions given a range of possible inputs.
The calculated amounts bear a reasonable relationship to the Contractors’ bur dens on the City resulting from the management and administration of the Agreements, the reasonable value of the Contractors’ use of the public right-of-way, and Pavement Impacts. The City’s Costs have been reviewed and confirmed by City staff as being representative of the actual time and costs incurred for these activities. Amounts of Property Use Charges are proportionately allocated to the Contractor with due recognition of the realities of the Contractors’ operations.
The Franchise Fees calculated via this Study are maximum amounts, and the City may consider lesser amounts of Franchise Fees, especially given the unsettled legal landscape regarding cost categories that may be recovered via Franchise Fees.
Adopting Franchise Fees below the maximum would be a conservative approach that would ai
d in the City findings that the Franchise Fees are not more than necessary to cover the City’s costs incurred in managing and administering the Agreements, plus the value of the Contractors’ use of the public right-of-way, plus Pavement Impacts.
4. RECOMMENDATIONS
City of Monterey Park | Solid Waste Franchise Fee Study – R3 Final Report 10 of 10 Sources and Uses Accounting
Currently, the City’s Costs and Property Use Charges are not tied to Franchise Fee revenues in the City’s accounting system. The City could implement project code accounting and/or enterprise fund accounting for the Franchise Fee to better track source revenues and their uses. In either case, allocated and/or direct staffing and other costs could be tied to source revenues, while the Property Use Charges could be transferred out for general use.
R3 recommends the City consider implementing sources and uses accounting practices for Franchise Fee revenues, City’s Costs, Property Use Charges, and Pavement Impacts.
Periodic Recalculation
Over time, the City’s Costs associated with the Agreements and the value of Property Use Charges for use of the public right-of-way may change in ways that vary from the annual change in the CPI.
Additionally, changes in City policies, programs, procedures, organization, geopolitical boundaries, laws, regulations, court rulings, and/or other factors may also trigger a need for recalculating fees.
R3 recommends the City consider updating this Study periodically (e.g., every five years) or more frequently if needed to recalculate fees in response to other factors.
Staff Report
May 7, 2025
AT
TACHMENT 2
Proposed Residential and Commercial Rates
Service Type Current Rate Proposed Rate
Effective September 1, 2025*
96 black / 96 green & blue 29.99$ 35.36$
96 black / 64 green & blue 28.00$ 33.01$
64 black / 96 green & blue 27.87$ 32.86$
64 black / 64 green & blue 27.00$ 31.83$
Extra 96 black 10.00$ 11.79$
Extra 96 green 9.00$ 10.61$
Extra 96 blue 7.50$ 8.84$
Extra 64 black 8.00$ 9.43$
Extra 64 green 7.50$ 8.84$
Extra 64 blue 5.50$ 6.48$
Extra 32 black 6.00$ 7.07$
Extra 32 green 5.00$ 5.89$
Extra 32 blue 3.50$ 4.13$
Roll-out 25.00$ 29.47$
Extra Exchange 35.00$ 41.26$
Service Type Current Rate Proposed Rate
Effective September 1, 2025
1 cy / 1x week 99.00$ 116.72$
1 cy / 2x week 180.00$ 212.21$
1 cy / 3x week 255.00$ 300.64$
1 cy / 4x week 320.00$ 377.27$
1 cy / 5x week 385.00$ 453.90$
1 cy / 6x week 450.00$ 530.53$
1 cy Special Services 125.00$ 147.37$
2 cy / 1x week 111.00$ 130.86$
2 cy / 2x week 188.00$ 221.65$
2 cy / 3x week 290.00$ 341.90$
2 cy / 4x week 360.00$ 424.43$
2 cy / 5x week 430.00$ 506.95$
2 cy / 6x week 500.00$ 589.48$
2 cy Special Services 125.00$ 147.37$
3 cy / 1x week 125.00$ 147.37$
3 cy / 2x week 250. 00$ 294.74$
3 cy / 3x week 360.00$ 424.43$
3 cy / 4x week 450.00$ 530.53$
3 cy / 5x week 540.00$ 636.64$
3 cy / 6x week 630.00$ 742.75$
3 cy Special Services 125.00$ 147.37$
RESIDENTIAL
(Cart Service)
MULTIFAMILY RESIDENTIAL
(Bin Service)
*Includes CPI adjustment of 3.30%
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
1x/week 128.50$ 151.86$
2x/week 233.64$ 276.10$
3x/week 318.01$ 375.81$
4x/week 389.40$ 460.17$
5x/week 460.79$ 544.54$
6x/week 532.18$ 628.90$
7x/week 681.45$ 805.30$
2 CY Solid Waste Bin
1x/week 141.48$ 167.20$
2x/week 247.92$ 292.98$
3x/week 349.16$ 412.62$
4x/week 427.04$ 504.66$
5x/week 504.92$ 596.69$
6x/week 582.80$ 688.73$
7x/week 732.07$ 865.13$
3 CY Solid Waste Bin
1x/week 154.46$ 182.54$
2x/week 272.58$ 322.12$
3x/week 399.78$ 472.45$
4x/week 490.64$ 579.82$
5x/week 581.50$ 687.19$
6x/week 672.36$ 794.57$
7x/week 821.63$ 970.97$
4 CY Solid Waste Bin
1x/week 188.21$ 222.42$
2x/week 341.37$ 403.42$
3x/week 438.72$ 518.46$
4x/week 536.07$ 633.51$
5x/week 633.42$ 748.55$
6x/week 730.77$ 863.59$
7x/week 880.04$ 1,039.99$
1x/week 233.45$ 275.87$
2x/week 409.06$ 483.41$
3x/week 576.12$ 680.83$
4x/week 704.62$ 832.69$
1.5 CY Solid Waste Bin
2 CY Solid Waste Compactor
WARE DISPOSAL
COMMERCIAL RATES
Customer-Owned Compactor Bin Service without Organics - Includes the cost for recycling services provided to customers and the cost of disposal of non-recyclable materials.
Customers without Organics - Includes solid waste collection and disposal and recycling services.
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
5x/week 833.12$ 984.54$
6x/week 961.62$ 1,136.40$
7x/week 1,207.92$ 1,427.46$
1x/week 254.86$ 301.18$
2x/week 449.76$ 531.50$
3x/week 659.64$ 779.54$
4x/week 809.56$ 956.70$
5x/week 959.48$ 1,133.87$
6x/week 1,109.40$ 1,311.04$
7x/week 1,355.70$ 1,602.10$
1x/week 173.48$ 205.01$
2x/week 315.41$ 372.74$
3x/week 429.31$ 507.34$
4x/week 525.69$ 621.24$
5x/week 622.07$ 735.13$
6x/week 718.44$ 849.02$
7x/week 919.96$ 1,087.16$
1x/week 191.00$ 225.72$
2x/week 334.69$ 395.52$
3x/week 471.37$ 557.04$
4x/week 576.51$ 681.29$
5x/week 681.64$ 805.53$
6x/week 786.78$ 929.78$
7x/week 988.30$ 1,167.92$
1x/week 208.52$ 246.42$
2x/week 367.98$ 434.86$
3x/week 539.71$ 637.80$
4x/week 662.37$ 782.76$
5x/week 785.03$ 927.71$
6x/week 907.69$ 1,072.67$
7x/week 1,109.21$ 1,310.81$
1x/week 254.08$ 300.26$
2x/week 460.85$ 544.62$
3x/week 592.28$ 699.93$
4x/week 723.70$ 855.23$
5x/week 855.12$ 1,010.54$
3 CY Solid Waste Compactor
Customers with Organics - Includes solid waste collection and disposal, recycling service, and organics recycling service.
1.5 CY Solid Waste Bin
2 CY Solid Waste Bin
3 CY Solid Waste Bin
4 CY Solid Waste Bin
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
6x/week 986.54$ 1,165.85$
7x/week 1,188.06$ 1,403.99$
1x/week 350.17$ 413.81$
2x/week 613.60$ 725.12$
3x/week 864.18$ 1,021.24$
4x/week 1,056.93$ 1,249.03$
5x/week 1,249.68$ 1,476.81$
6x/week 1,442.43$ 1,704.60$
7x/week 1,811.88$ 2,141.19$
1x/week 382.29$ 451.78$
2x/week 674.64$ 797.25$
3x/week 989.47$ 1,169.30$
4x/week 1,214.34$ 1,435.05$
5x/week 1,439.22$ 1,700.80$
6x/week 1,664.10$ 1,966.55$
7x/week 2,033.54$ 2,403.14$
20-yd (Up to 3 tons) $655.49 774.63$
30-yd (Up to 4 tons) 785.29$ 928.02$ 40-yd (Up to 5 tons) 915.09$ 1,081.41$ Disposal per Ton Over Flat Rate tons 120.07$ 141.89$ 20-yd (Up to 4 tons) 720.39$ 851.32$ 30-yd (Up to 6 tons) 811.25$ 958.70$ 35-yd (Up to 7 tons) 941.05$ 1,112.09$ 40-yd (Up to 8 tons) 973.50$ 1,150.44$ Disposal per Ton Over Flat Rate Tons 120.07$ 141.89$ Rocket Launcher per hour (4-hour minimum) (2) 227.15$ 268.43$ Compactor Wash-Out 421.85$ 498.52$ 10-yd 642.51$ 759.29$
40-yd (All sizes up to 40-yd) 973.50$ 1,150.44$ Customer-Owned Compactor Roll-Off Service - Includes the cost of any recycling services provided to the customer and disposal of non-recyclable materials.
Roll-Off Service for Inert Material - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.
Customer-Owned Compactor Bin Service with Organics- Includes solid waste collection and disposal, recycling service, and organics recycling service.
3 CY Solid Waste Compactor
Mixed Waste Roll-Off Service - Includes container delivery and removal, the cost of any recycling services provided to customer, and disposal of non-recyclable materials.
Roll-Off Service for C&D Debris Material - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials. 2 CY Solid Waste Compactor
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
10-yd Carbon Waste 1,298.00$ 1,533.91$ 10-yd Asbestos Pipe Disposal 1,298.00$ 1,533.91$ 3-yd Temp Bin Service 162.25$ 191.74$ Push-out Service per Bin per Month $45.43 53.69$
Lock Lids per Container per Month 25.96$ 30.68$ Lock Lid Installation (one time per installation) 45.43$ 53.69$ Extra Cart Service (per cart per occurrence) 45.43$ 53.69$
1.5-yd Bin Extra Service 84.37$ 99.70$ 2-yd Bin Extra Service 97.35$ 115.04$ 3-yd Bin Extra Service 110.33$ 130.38$ 4-yd Bin Extra Service 123.31$ 145.72$ Overflowing Bin (per bin per occurrence) 116.82$ 138.05$ Overweight Bin (per bin per occurrence) 116.82$ 138.05$ Dead Run or Go Back (Bin) 97.35$ 115.04$ Bin Exchange or Wash Out 129.80$ 153.39$ Bulky Item Collection: Rate per Item 45.43$ 53.69$ Customer Bin Fabrication (per Cubic Yard) 389.40$ 460.17$ Replacement of Burned Bin (per Bin) 811.25$ 958.70$ Roll-off Dead Run or Go Back 162.25$ 191.74$ Roll-off Container Relocation 129.80$ 153.39$ Declined Payment 58.41$ 69.03$ Stop Service 58.41$ 69.03$ Service Reinstatement 58.41$ 69.03$ *Includes CPI adjustment of 3.30%
Roll-Off Service for Special City Waste - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.
Temporary Bin Service
Extra Services
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
1x/week 173.47$ 205.00$
2x/week 289.30$ 341.89$
3x/week 405.14$ 478.77$
4x/week 513.25$ 606.53$
5x/week 667.69$ 789.05$
6x/week 930.25$ 1,099.33$
7x/week 1,007.47$ 1,190.58$
2 CY Solid Waste Bin
1x/week 181.19$ 214.13$
2x/week 304.75$ 360.14$
3x/week 428.31$ 506.15$
4x/week 559.58$ 661.29$
5x/week 706.31$ 834.68$
6x/week 829.86$ 980.69$
7x/week 1,084.70$ 1,281.84$
3 CY Solid Waste Bin
1x/week 188.92$ 223.25$
2x/week 322.36$ 380.94$
3x/week 455.78$ 538.62$
4x/week 589.21$ 696.30$
5x/week 722.64$ 853.98$
6x/week 856.09$ 1,011.68$
7x/week 1,130.60$ 1,336.08$
4 CY Solid Waste Bin
1x/week 205.37$ 242.70$
2x/week 355.24$ 419.81$
3x/week 505.13$ 596.94$
4x/week 655.00$ 774.05$
5x/week 804.88$ 951.17$
6x/week 954.77$ 1,128.30$
7x/week 1,253.96$ 1,481.87$
ATHENS SERVICES
COMMERCIAL RATES
Customers without Organics - Includes solid waste collection and disposal and recycling services.
1.5 CY Solid Waste Bin
Customer-Owned Compactor Bin Service without Organics - Includes the cost for recycling services provided to customers and the cost of disposal of non-recyclable materials. 2 CY Solid Waste Compactor
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
1x/week 335.64$ 396.64$
2x/week 459.19$ 542.65$
3x/week 582.75$ 688.67$
4x/week 714.03$ 843.80$
5x/week 860.75$ 1,017.19$
6x/week 984.31$ 1,163.21$
7x/week 1,239.14$ 1,464.36$
1x/week 420.58$ 497.02$
2x/week 554.02$ 654.72$
3x/week 687.45$ 812.39$
4x/week 820.88$ 970.08$
5x/week 954.31$ 1,127.75$
6x/week 1,087.75$ 1,285.46$
7x/week 1,362.26$ 1,609.86$
1x/week 238.95$ 282.38$
2x/week 354.79$ 419.27$
3x/week 470.62$ 556.16$
4x/week 578.73$ 683.92$
5x/week 733.18$ 866.43$
6x/week 995.73$ 1,176.71$
7x/week 1,072.95$ 1,267.97$
1x/week 246.68$ 291.51$
2x/week 370.23$ 437.52$
3x/week 493.79$ 583.53$
4x/week 625.07$ 738.67$
5x/week 771.79$ 912.06$
6x/week 895.34$ 1,058.07$
7x/week 1,150.18$ 1,359.22$
1x/week 254.40$ 300.63$
2x/week 387.84$ 458.33$
3x/week 521.26$ 616.00$
4x/week 654.70$ 773.69$
5x/week 788.12$ 931.36$
1.5 CY Solid Waste Bin
2 CY Solid Waste Bin
3 CY Solid Waste Bin
3 CY Solid Waste Compactor
Customers with Organics - Includes solid waste collection and disposal, recycling service, and organics recycling service.
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
6x/week 921.57$ 1,089.07$
7x/week 1,196.08$ 1,413.47$
1x/week 270.86$ 320.09$
2x/week 420.73$ 497.19$
3x/week 570.61$ 674.32$
4x/week 720.48$ 851.43$
5x/week 870.37$ 1,028.56$
6x/week 1,020.25$ 1,205.68$
7x/week 1,319.44$ 1,559.26$
1x/week 401.12$ 474.02$
2x/week 524.68$ 620.04$
3x/week 648.23$ 766.05$
4x/week 779.51$ 921.19$
5x/week 926.23$ 1,094.58$
6x/week 1,049.79$ 1,240.59$
7x/week 1,304.62$ 1,541.74$
1x/week 486.06$ 574.41$
2x/week 619.50$ 732.10$
3x/week 752.93$ 889.78$
4x/week 886.36$ 1,047.46$
5x/week 1,019.79$ 1,205.14$
6x/week 1,153.24$ 1,362.84$
7x/week 1,427.75$ 1,687.24$
20-yd (Up to 3 tons) $689.36 814.65$
30-yd (Up to 4 tons) $810.82 958.19$
40-yd (Up to 5 tons) $932.27 1,101.71$
Disposal per Ton Over Flat Rate tons $121.45 143.52$
20-yd (Up to 4 tons) $810.82 958.19$
30-yd (Up to 6 tons) $923.00 1,090.76$
35-yd (Up to 7 tons) $1,011.11 1,194.88$
3 CY Solid Waste Compactor
Customer-Owned Compactor Bin Service with Organics- Includes solid waste collection and disposal, recycling service, and organics recycling service. 2 CY Solid Waste Compactor
4 CY Solid Waste Bin
Mixed Waste Roll-Off Service - Includes container delivery and removal, the cost of any recycling services provided to customer, and disposal of non-recyclable materials.
Customer-Owned Compactor Roll-Off Service - Includes the cost of any recycling services provided to the customer and disposal of non-recyclable materials.
Service Level Current Rate Proposed Rate
Effective September 1, 2025*
40-yd (Up to 8 tons) $1,099.25 1,299.04$
Disposal per Ton Over Flat Rate Tons $121.45 143.52$
Rocket Launcher per hour (4-hour minimum $600.00 709.05$ Compactor Wash-Out $354.81 419.30$
10-yd $614.07 725.68$
40-yd (All sizes up to 40-yd) $1,082.99 1,279.83$
10-yd Carbon Waste $810.82 958.19$
10-yd Asbestos Pipe Disposal $810.82 958.19$
3-yd Temp Bin Service $242.79 286.92$
Push-out Service per Bin per Month $36.53 43.17$
Lock Lids per Container per Month $18.94 22.38$
Lock Lid Installation (one time per installati $39.44 46.61$ Extra Cart Service (per cart per occurrence) $43.89 51.87$
1.5-yd Bin Extra Service $70.98 83.88$
2-yd Bin Extra Service $70.98 83.88$
3-yd Bin Extra Service $70.98 83.88$
4-yd Bin Extra Service $70.98 83.88$
Overflowing Bin (per bin per occurrence) $35.82 42.33$
Overweight Bin (per bin per occurrence) $143.90 170.05$ Dead Run or Go Back (Bin) $70.98 83.88$
Bin Exchange or Wash Out $42.98 50.79$
Bulky Item Collection: Rate per Item $42.98 50.79$
Customer Bin Fabrication (per Cubic Yard) $293.41 346.74$ Replacement of Burned Bin (per Bin) $586.84 693.50$
Roll-off Dead Run or Go Back $70.98 83.88$
Roll-off Container Relocation $86.71 102.47$
Declined Payment $35.82 42.33$
Stop Service $35.82 42.33$
Service Reinstatement $100.29 118.52$
*Includes CPI adjustment of 3.30%
Roll-Off Service for C&D Debris Material - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.
Roll-Off Service for Special City Waste - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.
Extra Services
Roll-Off Service for Inert Material - Includes container delivery and removal, the cost of any recycling services provided to the customer, and disposal of non-recyclable materials.
Temporary Bin Service
Staff Report
May 7, 2025
ATTACHMENT 3
Prop 218 Notice
1 NOTICE OF PUBLIC HEARING – PROPOSED REFUSE RATE ADJUSTMENTS The City of Monterey Park (City) is proposing an adjustment to the refuse rates. The proposal will be presented to the City Council for approval at a Public Hearing on July 16, 2025. If approved, the proposed rates, outlined in the charts included in this notice, would become effective September 1, 2025. Article XIII D, Section 6 of the California Constitution (Proposition 218) requires that the City mail notice of these proposed rate changes to all impacted property owners and water customers at least 45 days prior to a public hearing. Proposition 218 also establishes a protest process for the public to follow if they wish to oppose the proposed rates.
DATE, TIME, AND LOCATION OF THE PUBLIC HEARING
The Public Hearing will be held on July 16, 2025, at 6:30 p.m. in the Council Chambers of Monterey Park City Hall, 320 West Newmark Avenue, Monterey Park, California.
PROTEST PROCEDURE
At the July 16, 2025, public hearing, any person may be heard regarding the proposed rate adjustments. If you wish to oppose the proposed rate adjustments, you are requested to submit a written protest by mail in or hand delivered in advance of the hearing to the following address:
City of Monterey Park, Office of the City Clerk
320 West Newmark Ave, Monterey Park, CA 91754
In addition, written protests may be submitted in person prior to or at the hearing. The City will count all properly filled out written protests received prior to the conclusion of the public hearing. If a majority of affected property owners and water customers submit a written protest, the proposed new rates will not take effect. The City will not count written protest received after the conclusion of the public hearing. Verbal protests unaccompanied by a written protest will not be counted.
Protests should contain the following information: 1) the property’s Assessor’s Parcel Number, if known, and/or address; 2) your water account number; 3) whether you are the owner or a tenant that is billed directly by the City; 4) a statement that you are protesting the water rate adjustments; and 5) your printed name, date, and original signature.
Only one protest per property will be counted. If you own multiple properties affected by the proposed adjustments, you should submit separate protests for each affected parcel, as the protest threshold is based upon a majority of the total number of parcels. Once opened, protests are disclosable public records.
OFFICIAL BALLOT ENCLOSED
Protest Form: Property owners or an authorized representative may complete this form and deliver it to the City of Monterey Park, Office of the City Clerk, 320 West Newmark Ave, Monterey Park, CA 91754. This ballot must be received before the close of the City Council public hearing set for Wednesday, July 16, 2025.
Assessor's Parcel Number (
--) Parcel Address:
I Protest the proposed refuse rate increases I am Owner Tenant
Print Name: Sign Name:
2 BASIS FOR PROPOSED REFUSE RATE ADJUSTMENTS
The City is committed to providing the highest quality services at the lowest possible rates to our customers. The City proposes to establish new refuse rates and charges for the collection of trash, recycling, and organics, for a five -year period, effective September 1, 2025.
Senate Bill (SB) 1383, adopted by the state of California, requires jurisdictions to reduce emissions of short-lived climate pollutants through a 75% reduction of organic waste disposal by 2025. Jurisdictions are required to implement a three- cart collection system (landfill, recycling, and organics) or deliver waste to a "high-diversion" waste processing facility.
At the March 26, 2024, City council awarded a new exclusive residential solid waste franchise agreement to Ware disposal and non -exclusive commercial solid waste franchise agreement to Ware Disposal and Athens Services that meets SB 1383 requirements including implementation of a three-container collection system. The residential monthly refuse charge includes: weekly curbside collection of trash, recycling, and organics; bulky Item collection program (unlimited calls per year); electronic waste collection (up to 4 calls per year); Christmas tree collection program; and Quarterly Clean Up events and Compost giveaway events.
Proposed rates also include costs incurred by the City in managing, administering, and enforcing the services provided in the franchise a greements. The City’s agreements with Ware Disposal and Athens Services include annual adjustments based on average annual percentage change in the published CPI, for all urban consumers in the Los Angeles-Long-Beach-Anaheim region. The proposed rates would be adjusted accordingly, based on the applicable CPI adjustment, for the five-year period. For questions regarding th is notice, please contact the City of Monterey, Public Works Department at (626) 307-1320.
PROPOSED REFUSE RATES
RESIDENTIAL
(Cart Service)
Service Type Current
Rate
Proposed Rate
Effective Sep. 1, 2025
96 black/96 green & blue $29.99 $35.36
96 black/64 green & blue $28.00 $33.01
64 black/96 green & blue $27.87 $32.86
64 black/64 green & blue $27.00 $31.83
Extra 96 black $10.00 $11.79
Extra 96 green $9.00 $10.61
Extra 96 blue $7.50 $8.84
Extra 64 black $8.00 $9.43
Extra 64 green $7.50 $8.84
Extra 64 blue $5.50 $6.48
Extra 32 black $6.00 $7.07
Extra 32 green $5.00 $5.89
Extra 32 blue $3.50 $4.13
Roll-out $25.00 $29.47
Extra Exchange $35.00 $41.26
MULTIFAMILY RESIDENTIAL
(Bin Service)
Service Type Current Rate Proposed Rate
Effective Sep. 1, 2025
1 cy / 1x week $99.00 $116.72
1 cy / 2x week $180.00 $212.21
1 cy / 3x week $255.00 $300.64
1 cy / 4x week $320.00 $377.27
1 cy / 5x week $385.00 $453.90
1 cy / 6x week $450.00 $530.53
1 cy Special Services $125.00 $147.37
2 cy / 1x week $111.00 $130.86
2 cy / 2x week $188.00 $221.65
2 cy / 3x week $290.00 $341.90
2 cy / 4x week $360.00 $424.43
2 cy / 5x week $430.00 $506.95
2 cy / 6x week $500.00 $589.48
2 cy Special Services $125.00 $147.37
3 cy / 1x week $125.00 $147.37
3 cy / 2x week $250.00 $294.74
3 cy / 3x week $360.00 $424.43
3 cy / 4x week $450.00 $530.53
3 cy / 5x week $540.00 $636.64
3 cy / 6x week $630.00 $742.75
3 cy Special Services $125.00 $147.37
City Council Staff Report
DATE: May 7, 2025
AGENDA ITEM NO:
TO: The Honorable Mayor and City Council
FROM: Shawn Igoe, Public Works Director
Scott Haberle, Interim Fire Chief
SUBJECT: Consideration and possible action to adopt a resolution authorizing the City Manager to enter into a Master Equipment/Lease Agreement with Banc of America Public Capital Corp . for financing up to $3 million, in a form approved by the City Attorney, for various equipment ; and authorizing the City Manager, or designee to enter into contracts , in a form approved by the City Attorney, for the purchase of equipment RECOMMENDATION:
It is recommended that the City Council consider:
1. Adopting a Resolution authorizing the City Manager to enter into a Master Equipment/Lease Agreement with Banc of America Public Capital Corp . for financing up to $3 million, in a form approved by the City Attorney , for various equipment;
2. Authorizing the City Manager , or designee, to execute an agreement, in a form approved by the City Attorney, with KME Fire Apparatus for the purchase of a fire engine;
3. Authorizing the City Manager , or designee, to execute an agreement, in a form approved by the City A ttorney, for the purchase and installation of replacement HVAC units;
4. Authoring the City Manager or designee , to execute an agreement, in a form approved by the City Attorney, for a Ford F-650 dump truck; and
5. Taking such additional, related, action that may be desirable.
EXECUTIVE SUMMARY:
The replacement of one 2006 Fire Engine is necessary to ensure efficient emergency service delivery and operational readiness to the community. The replacement of one 2005 dump truck is necessary as it has reached its useful life and has become difficult to maintain. And lastly, the replacement of HVAC systems at City Hall , Delta Treatment plant, and Garvey Ranch Museum is necessary as the existing units are frequently breaking down, incurring significant maintenance costs.
The cost for the replacement of the equipment above requires a significant amount of upfront cash outlay. To assist in alleviating the cost initially, the Public Works Director (“Director”) and Interim Fire Chief (“Chief”) are recommending the use of a Master Equipment/Lease Agreement to limit the use of the City’s reserve funds, allowing the New Business - 5C
Staff Report
May 7, 2025
payment for equipment to be spread across several years, with a tax-exempt fixed interest rate. Pursuant to the Monterey Park Municipal Code 3.20, the Director and Chief are requesting the use of consortium pricing for the purchase of the replacement fire engine and waiving all bidding requirements for the purchase of a dump truck and additional HVAC units pursuant to Resolution No. 2025-R3.
BACKGROUND:
Fire Engine Purchase
The City owns a 19-year-old reserve engine that is currently operational ready, but has become increasingly difficult to maintain, as it has had significant use over the years, and replacement parts are becoming harder to find. Due to the frequency of the engine’s maintenance, and the increasing cost of said maintenance, the Department is requesting the purchase of a new engine. The manufacturer of the City’s apparatus, KME Fire Apparatus (“KME”) is located in Nesquehoning, PA ., and has provided numerous fire apparatus to fire departments throughout Southern California over the last 20 years. The
Pursuant to MPMC section 2.30.050(4), the City is using consortium pricing from the Orange County Fire Authority to ensure the lowest possible base price for a fire engine .
After the inclusion of all the necessary equipment to ensure the engine is turnkey ready at delivery, the estimated cost for the replacement engine is approximately $1,179,156 .
KME provides an extended warranty of 10 years or 200,000 miles. Per KME, completion of the fire engine is estimated to be 27 months after the receipt of a signed purchase order.
Dump Truck Purchase
The Public Works Department is requesting the purchase of a Ford F-650 dump truck to replace its current 2005 Chevrolet C7500 dump truck, Unit No. 937. Unit 937 is over 20 years old and has reached the end of its useful service life. Additionally, the unit has had significant ongoing issues with its air brake system and obtaining parts for maintenance is challenging as some of the parts are no longer manufactured. The requested unit is used to transport asphalt from the yard, to load material for sunken roadways or sidewalks and also used for standby operations. The truck is an essentia l piece of equipment for day-to-day operations. It is recommended that the City Council waive bidding requirements pursuant to Resolution No. 2025 -R3 and directly negotiate with a vendor for the purchase of the proposed dump truck. The estimated cost for the requested replacement truck is approximately $120,000.
HVAC Purchase
The Public Works Department is responsible for building maintenance across all City facilities including the maintenance of HVAC systems. Due to the age of existing HVAC systems, many units are beyond their useful service life, resulting in frequent breakdowns and higher ma intenance costs. Through recent Capital Improvement Projects, the City has completed recent HVAC replacements at several facilities, including the Barnes Park Service Club, El Encanto, Barnes Gym, Langley Senior Center, and Bruggemeyer Library. Funding is requested to complete additional HVAC replacement s at City Hall ,
Staff Report
May 7, 2025
Delta Treatment plant, and Garvey Ranch Museum. Replacing units will improve energy efficiency, reduce long-term maintenance costs, and ensure a comfortable environment for staff and visitors. It is recommended that the City Council waive bidding requirements pursuant to Resolution No. 2025 -R3 and directly negotiate with a contractor for the purchase and installation of the proposed HVAC replacements. The estimated cost for the requested HVAC units, including installation, is approximately $1,000,000.
Financing
Cash purchase is capital intensive and requires a large amount of upfront cash out lay.
Lease-purchase allows the payment to be spread over a period but with added interest costs. Specifically, lease-purchase has become a viable option for local governments in acquiring larger capital assets that are not expected to recur and have a long useful life.
One of the compelling reasons to finance this purchase is because those who will benefit from the City’s services should contribute to its costs as the services are consumed over time.
Lease-purchase program is especially advantageous at the current time as it limits the use of the City’s financial reserves. The requested principal to be financed has a not to exceed amount of $3 million, with a nine-year term and a tax-exempt fixed interest rate.
The financing proceeds will be deposited into an escrow account and disbursements made therefrom to pay for the equipment. Staff is recommending the City Council approve the use of the current Master Equipment Lease/Purchase Agreement with Banc o f America Public Capital Corp., to purchase the above equipment, with a fixed rate of 3.97% with a nine-year term. The chart below details the estimated total cost breakdown (a 20% contingency is included in the loan):
Fire Apparatus $1,179,156.00
Sales Tax $123,811.38
HVAC $1,000,000.00
Discounted Dump Truck $103,939.66
Taxes/Fees $11,050.34
Contingency (20%) $443,591.48
TOTAL FINANCED AMOUNT $2,861,548.86
2024-25 STRATEGIC PLAN GOAL:
The proposed fire engine meets the City’s goal to maintain public safety with a flexible and enhanced service model by ensuring the Fire Department ha s the necessary equipment to r espond to emergency calls. The proposed dump truck and replacement HVAC units meet the City’s goal to maintain, build and modernize infrastructure and facilities to support the current and future needs of our city and community. Not only has this equipment reached the end of its useful service life but replacements are expected to be more efficient and reduce maintenance costs in the long-term.
FISCAL IMPACT:
Staff Report
May 7, 2025
The annual amount of the debt service payment from the proposed lease-purchase financing is $190,619.69 bi-annually, for nine years, starting from November 16, 2025 through May 16, 2034. Each year the fixed bi-annual debt service payments will be committed through budget appropriation.
Respectfully submitted by: Respectfully submitted by:
Shawn Igoe
Public Works Director
Scott Haberle
Interim Fire Chief
Prepared by:
Xochitl Tipan
Public Works Manager
Prepared by:
__________________________________
Rebecca Bojorquez
Principal Management Analyst
Reviewed by:
__________________________________
Martha Garcia
Finance Director
Approved by: Reviewed by:
Inez Alvarez
City Manager
Justin A. Tamayo
Assistant City Attorney
ATTACHMENTS:
1. Resolution
2. KME Fire Apparatus Proposal
3. Orange County Fire Authority Bid Specifications
Staff Report
May 7
, 2025
ATTACHMENT 1
Resolution
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO
A MASTER EQUIPMENT/LEASE AGREEMENT WITH BANC OF
AMERICA PUBLIC CAPITAL CORP., IN A FORM APPROVED BY THE
CITY ATTORNEY, FOR FINANCING OF VARIOUS EQUIPMENT
BE IT RESOLVED by the Council of the City of Monterey Park as follows:
SECTION 1: The City Council finds as follows:
A. The City has a need for the acquisition and financing of certain property consisting of one Fire Engine, one dump truck and 36 Heating Ventilation and Air - Conditioning (“HVAC”) units (collectively, the “Equipment”).
B. The City desires to participate in a lease-purchase program with Banc of America Public Capital Corp (or one of its affiliates) for acquisition of the Equipment as it limits the use of the City’s financial reserves.
C. The City complied with Monterey Park Municipal Code (“MPMC”) Chapter 3.20 governing the purchase of supplies.
D. This Resolution is adopted based upon the entirety of the administrative record including, without limitation, the staff report submitted by the Interim Fire Chief (“Chief”) and Public Works Director (“Director”).
SECTION 2: Action. The City Council adopts this resolution authorizing the City Manager, or designee, to enter into a Master Equipment/Lease Agreement with Banc of America Public Capital Corp. for financing not to exceed $3 million, in a form approved by the City Attorney, for various equipment.
SECTION 3: Other Actions Authorized. The City Manager, and designees, are authorized to take all action necessary or reasonably required to carry out, give effect to this Resolution.
SECTION 4: Construction. This Resolution must be broadly construed in order 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 5: Reliance on Record. Every one of the findings and determinations in this Resolution are based on the competent and substantial evidence, both oral and written, contained in the entire record relating to the project. The findings and determinations constitute the independent findings and determinations of the City Council in all respects and are fully and completely supported by substantial evidence in the record as a whole.
Resolution No.
SECTION 6: Limitations. 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 have been made to form accurate assumptions. Somewhat related to this are the limitations on the City's ability to sol ve 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: Summaries 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: Severability. lf 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 9: 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 10: 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 11: Effective Date. This Resolution will become effective immediately upon adoption and will remain effective unless repealed or superseded.
SECTION 12: The City Clerk is directed to certify to the adoption of this Resolution and enter it into the book of original Resolutions.
Resolution No.
PASSED AND ADOPTED this 7th day of May, 2025.
________________________________
Vinh T. Ngo, Mayor
Attest:
__________________________
Maychelle Yee, City Clerk
Approved as to Form:
Karl H. Berger, City Attorney
By: __________________________
Justin A. Tamayo, Assistant City Attorney
Staff Report
May 7
, 2025
ATTACHMENT 2
KME Fire Apparatus Proposal
*1762 S. Sycamore Ave., Rialto, CA 92376 • 14562 Manzanita Drive, Fontana, CA 92335 * Rialto Office No.: (909) 879 -7354 • Fontana Office No.: 800 -328-1033 • Website: FASService.Org
April 3, 2025
Monterey Park Fire Department
Fire Chief Haberle,
On behalf of Fire Apparatus Solutions and KME Fire Apparatus, I am pleased to offer you this proposal for one (1) KME Severe Service pumper per the attached specifications. The price and terms and conditions are as follows:
Base Price: $1,302,342.00
Prepayment Discount: -$123,186.00
Subtotal: $1,179,156.00
Sales Tax @10.50%: $123,811.38
Total: $1,302,967.38
Delivery: 27 Months from receipt of order
Prepayment: if prepayment option is chosen, KME will collect the full contract amount up front then refund the City the prepayment discount at delivery. The discount is based on the 27 month delivery projection. The discount will be adjusted up or down based on the actual build term.
Note: Radio installation is included in this quote.
Please feel free to call or email me if you have any questions on this proposal.
Respectfully,
Brandon Gomez
Apparatus Sales
Staff Report
May 7
, 2025
ATTACHMENT 3
Orange County Fire Authority Bid Specifications
1260262.1
ORANGE COUNTY FIRE AUTHORITY
MASTER AGREEMENT
TYPE I ENGINES
THIS AGREEMENT FOR TYPE I ENGINES ("Agreement") is made and entered into this 25th day of June, 202 4 ("Effective Date"), by and between the Orange County Fire Authority, a California Joint Powers Authority ("OCFA"), and Kalmikov Enterprises, Inc. dba Fire Apparatus Solutions ("Contractor"). OCFA and Contractor are sometimes hereinafter individually referred to as "Party" and collectively as the "Parties".
RECITALS
WHEREAS, OCFA requires Type I Engines a s requested in RFP JA2673 , hereinafter referred to as “Project”; and
WHEREAS, Contracto r has submitted to OCFA a proposal dated Apri l 30, 2024 ,
incorporated herein by this reference (“Proposal”); and WHEREAS, OCFA and Contractor desire to enter into this Agreement in order to receive and provide, respectively, Type I Engines on the same terms, conditions, and pricing as further set forth in Section 1.1 of this Agreement;
AGREEMENT
NOW THEREFORE, OCFA and Contractor mutually agree as follows:
SECTION ONE
1.1 Scope of Agreement. In compliance with all terms and conditions of this Agreement, OCFA shall procure Type I Engines from Contractor as more fully detailed in Exhibit “A", attached hereto, which includes by reference and by addendum: (1) OCFA’s RFP JA2673, dated March 29, 2024 (“Solicitation”), (2) Contractor’s Proposal, as modified by Contractor’s Best and Final Offer dated June 10, 2024 , and (3) any amendments, addendums, change orders, or modifications mutually agreed upon by the Parties hereto (“Services”, “Goods” or “Work”). In the event of any inconsistency between the terms contained in “Exhibit “A”, and/or the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement and then Exhibit “A” shall govern, in that order.
1.2 Term. This Agreement shall commence on the Effective Date, and continue in full force and effect for one (1) year , unless earlier terminated in accordance with Section 3.8 of this Agreement. The Agreement may be renewed on the same terms and conditions for up to four (4) additional one-year terms upon mutual written agreement between OCFA and Contractor.
1.3 Compensation and Payment. For the Goods or Services rendered pursuant to this Agreement, Contractor shall be compensated and reimbursed, in a ccordance with the pricing set forth in Exhibit “B,” attached hereto.
RFP No. JA2673 – Type I Engines
2 1.4 Contractor’s Representative. The following principal of Contractor is hereby designated as being the principal and representative of Contractor authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith: Brandon Gomez, Sales Representative. The foregoing principal shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the work hereunder. The foregoing principal may not be changed by Contractor without the express written approval of OCFA.
1.5 Contract Administrator. The Contract Administrator shall be Kevin Berghaus, Fleet Manager, unless otherwise designated in writing by OCFA. It shall be Contractor's responsibility to keep the Contract Administrator fully informed of the progress of the provision of the Goods or Services and Contractor shall refer any decisions that must be made by OCFA to the Contract Administrator. Unless otherwise specified herein, any approval of OCFA required hereunder shall mean the approval of the Contract Administrator.
1.6 Notices. Any notice, demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other party of the change of address in writing. Notice shall be deemed communicated forty -eight (48) hours from the time of mailing if mailed as provided in this Section.
Orange County Fire Authority
Attention: Sara Kennedy, Purchasing
Manager
1 Fire Authority Road
Irvine, CA 92602
WITH COPY TO:
David E. Kendig, General Counsel
Woodruff, Spradlin & Smart
555 Anton Blvd. Suite 1200
Costa Mesa, CA 92626
To Contractor: Fire Apparatus Solutions
Attention: William Kalmikov
14562 Manzanita Drive
Fontana, CA 92335
SECTION TWO
2.1 Orders. The Contractor shall receive written or verbal requests for Goods or Services on an as-needed basis for items on this Agreement, subject to the terms, conditions, and pricing listed herein. The Contractor shall be responsible for confirming specifications, quantities, and pricing with the Contract Administrator prior to order entry/delivery.
Orders may be placed at any time during the term of the Agreement even if delivery may not be made until after the expiration of the Agreement. Order dates take precedence over delivery dates. The Contractor must clearly identify the order date on all invoices to OCFA.
2.2 Substitutions. The Contractor is required to meet all specifications and requi rements contained herein. No substitutions will be accepted without prior OCFA written approval.
RFP No. JA2673 – Type I Engines
3 2.3 Delivery. Time of delivery of Goods or Services is of the essence in this Agreement.
OCFA reserves the right to refuse any Goods or Services and to cancel all or any part of the Goods or Services not conforming to the Statement of Goods or Services to Be Provided, as set forth in Exhibit “A”. Acceptance of any part of the order for Goods shall not bind OCFA to accept future shipments nor deprive it of the righ t to return Goods already accepted at Contractor’s expense. Over-shipments and under-shipments of Goods shall be only as agreed to in writing by OCFA. Delivery shall not be deemed to be complete until all Goods or Services have actually been received and accepted by OCFA.
In the event the delivery location does not have a loading dock, it will be the Contractor’s responsibility to make all necessary arrangements to complete delivery.
2.4 Freight (F.O.B. Destination). Contractor assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all Goods deemed necessary under this Agreement.
2.5 Taxes. OCFA is subject to applicable sales and use tax. Unless otherwise provided herein or by law, prices do not include applicable sales or use tax. Sales tax will be paid directly to the state of California if not collected by the Contractor.
2.6 Acceptance. Unless otherwise agreed to in writing by OCFA: 1) acceptance shall not be deemed complete unless in writing and until all the Goods or Services have actually been received, inspected, and tested to the satisfaction of OCFA, and 2) payment shall be made in arrears after satisfactory acceptance.
2.7 Payment. In any month in which Contractor wishes to receive payment, Contractor shall no later than the first working day of such month, submit to OCFA an invoice for Goods provided and Services rendered prior to the date of the invoice. Invoices should be sent by electronic mail to:
Orange County Fire Authority, Accounts Payable
[email protected]
OCFA shall pay Contractor for all expenses stated thereon which are approved by OCFA consistent with this Agreement, within thirty (30) days of receipt of Contractor’s invoice. Partial payments are authorized for partial shipments with signature approval.
2.8 Usage. No guarantee is given by OCFA to Contractor regarding usage of this Agreement.
Usage figures, if provided, are approximate, based upon the last usage. The Contractor agrees to supply the Goods or Services requested, as needed by OCFA, at prices listed in Exhibit “B”, attached hereto, regardless of quantity requested.
Contractor acknowledges that this Agreement i s subject to and contingent upon funds being appropriated therefore by the OCFA Board of Directors for each fiscal year covered by the Agreement. If such appropriations are not made, or are otherwise limited, OCFA may immediately terminate or modify this Agreement without penalty.
2.9 Disaster/Emergency Incident Requirements. In the event of a disaster or emergency incident, this Agreement may be subject to extraordinary usage. The Contractor shall service
RFP No. JA2673 – Type I Engines
4 OCFA during such a disaster or emergency incident unde r the same terms and conditions that apply during non -emergency conditions. The pricing set forth in the Exhibit “B” shall apply to serving OCFA’s needs regardless of the circumstances. If Contractor is unable to supply the Goods or Services under the term s of the Contract, then upon request from OCFA, Contractor shall provide proof of such disruption and a copy of the invoice for the Goods or Services from Contractor’s supplier(s). Additional profit margin as a result of supplying Goods or Services during a disaster or emergency incident shall not be permitted.
2.10 Provision of Additional Goods or Services. Contractor shall provide Goods or Services in addition to those specified in Exhibit “A” when directed to do so in writing by the Purchasing Manager or designee, hereinafter “the Purchasing Manager”, provided that Contractor shall not be required to provide any additional Goods or Services without compensation. Additional compensation in an amount within management authority must be approved in writing by th e Purchasing Manager. Any greater increase must be approved in writing by the Executive Committee of the OCFA Board of Directors. In the event any change or changes to the Goods or Services is requested by OCFA, the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all terms of such addendum, including, but not limited to, any additional fees.
2.11 Reports/Meetings. As required by the Contract Administrator, the Contractor shall develop reports and any other relevant documents necessary to complete the requirements set forth in this Agreement. The OCFA’s Contract Administrator and Contractor’s Representative will meet on reasonable notice to discuss Contractor’s performance and progress under this Agreement. If requested, Contractor’s Representative and other project personnel shall attend all meetings. The Contractor shall provide such information that is requested by OCFA for the purpose of monitoring progress under this Agreement.
The Contractor shall submit usage re ports on an annual basis to and in a format specified by the Contract Administrator 90 days prior to the expiration date of the Agreement term or subsequent renewal term, if requested.
2.12 Records. Contractor shall keep such books and records as shall be necessary to properly provide the Goods or Services required by this Agreement and enable the Contract Administrator to evaluate the performance of such requirements. The Contract Administrator shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit and make records and transcripts from such records.
2.13 Performance. Contractor shall perform all work under this Contract, taking necessary steps and precautions to perform the work to the reasonab le satisfaction of OCFA. Contractor shall be responsible for the quality, technical assurance, timely completion and coordination of all documentation and other Goods or Services furnished by Contractor under this Agreement.
Contractor shall perform all wo rk diligently, carefully, and in a good and workman -like manner; shall furnish all labor, supervision, machinery, equipment, materials, and supplies necessary therefore and, if permitted to subcontract, shall be fully responsible for all work performed by subcontractors.
Contractor shall adopt and follow reasonable procedures and methods during the term of the Agreement to prevent loss or damage to materials, papers or other components of the work, and
RFP No. JA2673 – Type I Engines
5 shall be responsible for all such damage until accepta nce of the work by OCFA, except such loss or damages as may be caused by OCFA’s own negligence.
2.14 Time for Completion. All Goods or Services rendered pursuant to this Agreement shall be performed within the time periods prescribed in Exhibit “A”. The extension of any time period specified must be approved in writing by the Contract Administrator.
2.15 Contractor Personnel. If providing se rvices, the Contractor warrants that it and all employees, subconsultants and subcontractors providing any Services pursuant to this Agreement shall have a sufficient skill and experience to perform the Services.
If required in Exhibit “A”, all Contractor's employees shall wear uniforms, badges, or other means of identification at all times while on OCFA property. If requested, the Contract Administrator must be notified of the means of identification to be worn by employees prior to beginning work and notified seven days prior to any changes in identification.
2.16 Conflict of Interest – Contractor’s Personnel. The Contractor shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interest s of OCFA. This obligation shall apply to the Contractor; Contractor’s employees, agents, and relatives; sub -tier Contractors; and third -parties associated with providing Goods or Services hereunder. The Contractor’s efforts shall include, but not be limited to establishing precautions to prevent its employees or agents from making, receiving, providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to appear to influence individuals to act contrary to the best interests of OCFA.
Further, the Contractor warrants that no gratuities in the form of entertainment, gifts or otherwise were offered or given by Contractor or any agent or representative of Contractor to any officer or employee of OCFA with a view towa rd securing the Agreement or securing favorable treatment with respect to any determinations concerning the performance of the Agreement. For breach or violation of this warranty, OCFA shall have the right to terminate the Agreement, either in whole or in part.
2.17 Conflict of Interest – OCFA Personnel. The OCFA General Order 06 prohibits its employees from engaging in activities involving a conflict of interest. The Contractor shall not, during the period of this Agreement, employ any OCFA employee for any purpose.
2.18 Confidentiality. Information obtained by Contractor in the performance of this Agreement shall be treated as strictly confidential and shall not be used by Contractor for any purpose other than the performance of this Agreement without the written consent of OCFA.
2.19 News/Information Release. The Contractor agrees that it will not issue any news releases in connection with either the award of this Agreement or any subsequent amendment of or effort under this agreement without first obtaining review and written approval of said news releases from OCFA through OCFA’s Communications Director.
2.20 Licenses and Permits. Contractor shall obtain at its sole cost and expense such licenses, permits and approvals as may be required by law to provide the Goods or Se rvices required by this Agreement.
RFP No. JA2673 – Type I Engines
6 2.21 Sub-Contracting. The Contractor shall not contract with any other entity to provide in whole or in part the Goods or Services required hereunder without the express written approval of the Purchasing Manager. If Contract or is authorized to subcontract any part of the work specified herein, Contractor shall be responsible to OCFA for the acts and omissions of its subcontractor(s) and subconsultant(s) in the same manner as it is for persons directly employed.
For purposes of this Agreement, all persons engaged in the provision of Goods or Services will be considered employees of Contractor. OCFA will deal directly with and will make all payments to Contractor. Nothing contained in this Agreement shall create any contractual relationships between any subcontractor and OCFA. Contractor shall ensure that all subcontractors maintain insurance in accordance with the requirements set forth herein are complied with prior to commencement of work by each subcontractor.
2.22 Withholding Payment for Non-Authorized Subcontractors. OCFA shall have the right to withhold payment from Contractor for work performed by any subcontractor or subconsultant providing Goods or Services but not authorized in writing by the Purchasing Manager, or regarding which the insurance or other requirements under this Agreement have not been satisfied.
2.23 Force Majeure. Contractor shall not be assessed with liquidated damages or unsatisfactory performance penalties because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Contractor, including, but not restricted to, acts of God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Contractor shall within thirty -six (36) hours of the commencement of suc h condition notify the Contract Administrator who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for providing the Goods or Services for the period of the enforced delay when and if in the Contract Administra tor’s judgment such delay is justified, and the Contract Administrator’s determination shall be final and conclusive upon the parties to this Agreement.
2.24 Assignments. Neither this Agreement nor any interest herein may be assigned, transferred, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of the Purchasing Manager. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proce eding, this Agreement shall be void.
No approved transfer shall release Contractor or any surety of Contractor from any liability hereunder without the express written consent of the Purchasing Manager.
2.25 Proof of Insurance (If Applicable). The Contractor m ust furnish OCFA with the documents specified in Exhibit “C” proving the necessary levels of insurance coverage, as required. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
RFP No. JA2673 – Type I Engines
7 2.26 Warranty. Contractor expressly warrants that the Goods or Services covered by this Agreement are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended.
2.27 Indemnification. To the fullest extent permitted by law, Contractor shall defend (at Contractor’s sole cost and expense with legal counsel reasonably acceptable to OCFA), indemnify and hold the O CFA, its board members, officials, officers, employees, agents and volunteers, free and harmless from any and all claims, demands, orders, causes of action, costs, expenses, liabilities, losses, penalties, judgments, arbitration awards, settlements, damage s or injuries of any kind, in law or in equity, including but not limited to property or persons, including wrongful death, (collectively “Claims”) in any manner arising out of, pertaining to, related to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officers, directors, employees, subconsultants, subcontractors, agents or invitees in connection with performance under this Agreement, or in any manner arising out of, pertaining to, related to, or incident to an alleged breach of this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses.
Notwithstanding the foregoing, and only to the extent that the work performed by Contractor are subject to California Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor.
Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Contractor’s indemnification obligation or other liability hereunder.
Notwithstanding the foregoin g, such obligation to defend, hold harmless and indemnify the OCFA, its board members officials, officers, employees, agents and volunteers, shall not apply to the extent that such Claims are caused by the sole negligence or willful misconduct of that indemnified party.
2.28 Independent Contractor. The legal relationship between the Parties is that of an independent contractor, and nothing herein shall be deemed to make Contractor, or any of its personnel, an OCFA employee. During the performance of this Agreem ent, Contractor and its officers, employees, and agents shall act in an independent capacity and shall not act as OCFA officers or employees. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with the provision of Goods or Services under this Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to social security income tax withholding, unemployment compensation, workers’ compensation, and other similar matters. OCFA shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with Contractor. Contractor shall not incur or have the power to incur any debt, oblig ation, or liability against OCFA, or bind OCFA in any manner.
If providing Services, Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under Contractor’s exclusive direction and control. Neither OCFA nor any of its officials, officers, employees, agents or volunteers shall have control over the conduct of Contractor or any of its officers, employees,
RFP No. JA2673 – Type I Engines
8 or agents, except as set forth in this Agreement. Contractor, its officers, employees or agents, shall not maintain a permanent office or fixed business location at OCFA’s offices. OCFA shall have no voice in the selection, disc harge, supervision, or control of Contractor’s officers, employees, representatives or agents or in fixing their number, compensation, or hours of service.
No OCFA benefits shall be available to Contractor, its officers, employees, or agents, in connection with the provision of Goods or Services under this Agreement. Except for fees paid to Contractor as provided for in this Agreement, OCFA shall not pay salaries, wages, or other compensation to Contractor for the provision of any Goods or Service s under this Agreement.
OCFA shall not be liable for compensation or indemnification to Contractor, its officers, employees, or agents, for injury or sickness arising out of providing any Goods or Services hereunder. If for any reason any court or governme ntal agency determines that OCFA has financial obligations, other than pursuant to Section 1.3 herein, of any nature relating to salary, taxes, or benefits of Contractor’s officers, employees, representatives, agents, or subconsultants or subcontractors, C ontractor shall defend, indemnify, and hold harmless OCFA from and against all such financial obligations.
2.29 Employee Retirement System Eligibility Indemnification. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing any Goods or Services under this Agreement claims or is determined by a court of competent jurisdiction to be eligible for enrollment in an employee retirement system as an employee of OCFA, Contractor shall indemnify, defend, and hold harmless OCFA against: (1) all such claim(s) and determination(s); (2) for the payment of any employee and/or employer contributions for employee retirement system benefits on behalf of Contractor or its employees, agents or subcontractors; and (3) the payment of any penalt ies and interest on such contributions which would otherwise be the responsibility of OCFA.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Contractor and any of its employees, agents, and sub contractors providing any Goods or Services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by OCFA, including but not limited to eligibilit y to enroll in an employee retirement system as an employee of OCFA and entitlement to any contribution to be paid by OCFA for employer contribution and/or employee contributions for employee retirement system benefits.
SECTION THREE
3.1 Governing Law and Venue. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim or matter arising out of or in relation to t his Agreement shall be instituted in the Superior Court of the County of Orange, State of California, or any other appropriate court in such county, and Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
3.2 Compliance with Laws. Contractor represents and warrants that all Goods or Services rendered hereunder shall be provided in accordance with all laws, ordinances, resolutions,
RFP No. JA2673 – Type I Engines
9 statutes, rules, and regulations of OCFA and any federal, state or local governmental agency of competent jurisdiction.
3.3 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or dec ree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the Parties hereunder.
3.4 Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by so executing this Agreement the Parties hereto are formally boun d to the provisions of this Agreement.
3.5 Calendar Days. Any reference to the word “day” or “days” herein shall mean calendar day or calendar days, respectively, unless otherwise expressly provided.
3.6 Amendments. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the Parties; no oral understanding or agreement not incorporated herein shall be binding on either of the Parties; and no exceptions, alternative s, substitutes or revisions are valid or binding on OCFA unless authorized by the Purchasing Manager in writing.
3.7 Entire Contract. This Agreement contains the entire agreement between the Parties with respect to the matters herein, and there are no restrictions, promises, warranties or undertakings other than those set forth herein or referred to herein.
3.8 Termination. OCFA reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Contractor, e xcept where continuation would constitute a danger to health, safety or general welfare, the period of notice shall be such shorter time as may be appropriate.
3.9 Disputes – Contract. The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Agreement is not disposed of in a reasonable period of time by Contractor’s Representative and OCFA’s Contract Administrator, such matter shall be brought to the attention of the Purchasing Manager by way of the following process:
• The Contractor shall submit to the Purchasing Manager a written request for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or in volving this Agreement, unless OCFA, on its own initiative, has already rendered such a final decision.
• The Contractor’s written request shall be fully supported by factual information, and, if the request involves a cost adjustment to the Contract, includ e statement by a corporate officer indicating that the request is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which Contractor believes OCFA is liable.
RFP No. JA2673 – Type I Engines
10 • Pending the final resolution of any dispute arising under, related to, or involving this Agreement, Contractor agrees to diligently proceed with the performance of this Agreement, including the delivery of goods and/or provision of services. Contractor’s failure to diligently proceed shall be considered a material breach of this Agreement.
3.10 Breach of Contract. The failure of Contractor to comply with any of the provisions, covenants or conditions of this Agreement shall be a material breach of this Agreement. In such event OCFA may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Agreement:
• Afford Contractor written notice of the breach and ten days or such shorter time that may be specified in this Agreement within which to cure the breach; • Discontinue payment to the contactor for and during the period in which Contractor is in breach; and
• Withhold any payments to the Contractor for the purpose of set -off or partial payment of the amounts owed to OCFA.
3.11 Waiver. No delay or omission in the exercise of any right or remedy of a non -defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of OCFA shall be deemed to waiver or render unnecessary OCFA ’s consent to or approval of any subsequent act of Contractor. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
3.12 Remedies Not Exclusive. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
3.13 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement.
If either party commences an action against the other party arising out of or in connection with this Agreement or its subject matter, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs of suit from the losing party.
3.14 Non-Liability of OCFA Officers and Employees. No officer or employee of OCFA shall be personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by OCFA or for any amount which may become due to the Contractor or its succe ssor, or for breach of any obligation of the terms of this Agreement
3.15 Non-Discrimination. Contractor covenants that, by and for itself, its heirs, executors, assigns, subcontractors, subconsultants and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, disability, medical
RFP No. JA2673 – Type I Engines
12 EXHIBIT “A”
Statement of Goods or Services to Be Provided
INTRODUCTION
The Orange County Fire Authority (OCFA) is requesting proposals from authorized dealers for the purchase and build of seven (7) new Type I Engines in accordance with vehicle specification number 24- 01-07 (revised 3/28/24) . OCFA utilizes a Type 1 fire engine as the primary vehicle for transporting operations crews and equipment for fire suppression and water delivery to fire related emergencies. They carry the primary hose for ac quiring water from hydrants to the hose lines and nozzles for fire suppression. These vehicles are also the primary delivery vehicle for crews to render aid and assistance for all emergencies that OCFA responds to on a daily basis including, Medical, Wildl and, Rescue and various other emergencies and service calls throughout OCFA’s jurisdiction. They carry the required Basic and Advanced Life Support EMS equipment along with the radios, crew gear and tools needed for emergency response. It is an essential vehicle for delivering the services OCFA provides.
The intent of these specifications is to obtain equipment suitable for the service demands of the Fire Authority while following the policies of the Orange County Fire Authority Purchasing and Fleet Services Sections.
The objective of the specifications is to outline the requirements and general functional areas believed to be necessary to successfully perform this contract. The specifications are to be used as a general guide and are not intended to be a complete list of all work necessary to complete the project.
The OCFA solicitation document and vehicle specifications document will be the only documents used by the OCFA during the entire build process (start -finish). All proposals, specifications, in- house orders, shop build orders, etc. created by Offerors are not acceptable. No Exception.
All specified items requested by OCFA shall be supplied by the vehicle manufacturer/builder at no additional cost to the OCFA.
The Orange County Fire Authority and/o r its representatives shall not be responsible for errors and/or mistakes made by the offeror in the submission of their proposal. The Fire Authority specifically reserves the right to reject any or all proposals.
MINIMUM REQUIREMENTS
Offerors must meet the following minimum requirements to be considered responsive. Failure to meet these minimum requirements may cause the submitted proposal to be eliminated from further consideration in the evaluation process.
• Proposals will only be accepted from vehicle builders who design, fabricate, and assemble complete apparatus at their own facilities. This requirement will protect the Orange County Fire Authority from divided warranty responsibility between chassis and b ody manufacturers. This shall include the chassis assembly, fabrication and attachment of the cab shell to the chassis assembly and complete body structure. Private labeling of another manufacturer's cab and or chassis will not meet this requirement.
• The successful offeror shall have a delivery and service facility within fifty (50) driving miles of the OCFA Fleet Services repair facility. The facility shall have been engaged in the delivery, repair and maintenance of similar apparatus for a minimum of five (5) years. The facility shall have adequate covered, lighted and floor area for inspection and repair of the apparatus and shall be approved by t he OCFA Fleet Services section.
• The apparatus must be manufactured in the continental United States.
RFP No. JA2673 – Type I Engines
13 • Awarded contractor must be able to provide proof of applicable licenses and/or permit’s to do business within the State of California.
ORDER CONFIRMATION
Upon receipt of approved purchase order, Offeror shall confirm in writing, factory order number, factory assembly date, and estimated delivery schedule and send to:
Orange County Fire Authority
1 Fire Authority Road
Irvine, CA 92602
Attn: Kevin Berghaus, Fleet Manager
ENGINEERING/INSPECTION TRIPS
The manufacturer shall provide engineering/inspection trips as indicated below, to the facility/facilities, where the vehicle(s) will be manufactured.
• Pre-Engineering (pre-construction) conference
• Mid-point Inspection (70 to 80 percent completed)
• Final (pre-delivery) inspection of completed apparatus o This inspection will ensure that all specification requirements have been met prior to delivery. o If deviations, issues, corrections or paint inadequacies from these specifications are noted during the final inspection, they are to be corrected prior to the vehicle leaving the factory (no exception).
The manufacturer shall agree to bear all expenses including: travel, lodging, and meals for a total of up to five (5) OCFA representatives to attend the pre-construction meeting, four (4) at mid-point inspection and four (4) at each of the two final inspection trips, over the course of the vehicle build process. Travel and inspections shall be conducted Monday thru Friday during normal business hours unless otherwise agreed upon by OCFA.
DELIVERY
The vehicle and any equipment described within these specifications shall be completed and delivered to the OCFA, within the timeframe specified in the specifications or as quoted by the contractor, whichever is sooner. The vehicle will be delivered clean, full of fuel, Diesel Exhaust Fluid, DPF, clean and free of evidence of road travel , serviced and ready for immediate service. Delivery shall be FOB destination.
The contractor acknowledges and agrees that any delay would seriously affect the public welfare and the operations of the OCFA and that it is extremely difficult to ascertain and determine actual damages for such delay. Therefore, it is agreed that the contractor shall become liable to the OCFA for liquidated damages in the sum of one hundred dollars ($100) for each and every calendar day in excess of the date specified for delivery for each unit not delivered as scheduled.
TRAINING
The manufacturer shall arrange for a factory trained representative to conduct training courses and demonstrate the equipment as follows at the customer’s location:
• Three (3) days shall be provided for instruction on the operation, use and maintenance of the new apparatus for operators to coincide with our shift schedule. (one day per shift) • Two (2) days shall be provided for the fleet services section for instruction on the operation, use and basic maintenance for repair of the chassis, body, and all components. To include trouble
RFP No. JA2673 – Type I Engines
14 shooting chassis wiring and any multiplexing s ystem. (Two days to accommodate all of fleet services attendance)
• Factory representative shall be well versed and familiar with all aspects of the vehicle operations, capabilities and limitations (No exception).
• Manufacturer shall give permission for photo/video recording of any and all training sessions for future reference by the OCFA.
OTHER CONDITIONS
Delivery of unit(s) to the OCFA shall include a pre -delivery check sheet showing what operations have been performed on the vehicle and be signed by the technician or individual(s) who serviced or repaired the unit.
A supplemental vehicle information sheet (provided by the OCFA at the pre-construction meeting) is also required when the unit is delivered, as well as a USB thumb drive showing ALL the makes a nd manufacturer model numbers, size, makes, etc., of all components that pertain to the unit. Payment will not be processed without this completed form. An electronic version of the form will be supplied by the OCFA if requested. Manufacturer is to complet e sections two, three and four of the supplemental information sheet and return to OCFA.
Prior to final delivery, each vehicle will have an “acceptance inspection” performed by the OCFA at the manufacturer’s local service/repair/sales facility. After the successful completion of the inspection and all noted repairs, corrections and deficiencies are corrected the vehicle(s) can then be delivered to the OCFA Fleet Services facility and ready for immediate operation.
Delivery will not be considered complete an d payment will not be processed until the following requirements are met:
• All reference material (described above) delivered to OCFA Fleet Services. • All loose equipment (listed later in these specifications) delivered to OCFA Fleet Services. • Training for both operations and fleet services personnel as described is completed by a factory authorized representative
PREPARATION FOR SHIPMENT
The vehicle, its accessories, spare parts, and tools, shall be packed in such a manner as to prevent pilferage and ensure safe delivery to the designated point.
DMV REGISTRATION
The manufacturer shall provide the following:
• Complete California Department of Motor Vehicles registration including all taxes and fees. • Certificate of origin.
• Verification of Vehicle Identification Number with California weight certification
SERVICE REQUIREMENTS
It is the intent of the Purchaser to assure that parts and service are readily available for the equipment specified. Parts and Service capabilities are a criteria for award of the contract.
Each offeror shall supply, with their proposal, detailed information on the offeror's ability to perform routine and emergency service on the vehicle after delivery. Detailed information shall be provided on service facilities, personnel, service vehicles, and the type and nature of repair work the offeror is able to provide.
RFP No. JA2673 – Type I Engines
15 Offeror shall state the number of miles from the Purchaser's facility to the nearest fully staffed repair facility operated by the offeror.
The successful offeror shall have a delivery and service facility within fifty (50) driving miles of the OCFA Fleet Services repair facility. The facility shall have been engaged in the delivery, repair and maintenance of vehicle for a minimum of five (5) years. The facility shall have adequate covered, lighted and floor area for inspection and repair of the vehicle and shall be approved by the OCFA Fleet Services section (No exception).
REPLACEMENT PARTS
The offeror shall state and list those parts of the proposed vehicle that are exclusively manufactured and sold, which are not available through regular manufacturing jobbers or retail outlets within the Southern California area. A positive guarantee shall accompany proposals stating that the manufacturer will make available a complete stock of these captive parts.
Manufacturer shall state where parts are carried in stock, and length of time necessary to furnish these parts to the fire equipment repair shop of Orange County Fire Authority. A positive guarantee shall accompany proposal stating that the manufacturer will make available a complete stock of all parts or components on the Pacific Coast for the purpose of making delivery of such parts for a period of fifteen (15) years.
TECHNICAL DATA AND DRAWINGS
Technical data describing the proposed apparatus and all major components shall be submitted. Major components include: body, cab/chassis, engine, transmission, f ront and rear axles, wheels and tires, brakes, and other specified components.
All offerors shall include the following technical drawings with their proposal:
• Preliminary drawings of proposed OCFA apparatus
• Turning radius report for the proposed OCFA apparatus All drawings (for both proposed and “as-built” vehicles) shall be provided in full-size (approximately 34” x 22” for readability and clarity) and 8 ½” x 11”.
Manufacturer shall provide total weight certification (GVW and GAW) which includes rated axle capacities.
Manufacturer shall also provide road performance guarantees including: acceleration, top speed, grade- ability, braking, etc.
Vehicle turning radius (right and left) and rated axle capacity data shall be provided.
Materials, type of construction and general drawings showing compartment size, seating arrangements, controls and instrument panel layout shall be provided.
RFP No. JA2673 – Type I Engines
16 EXHIBIT “B”
Pricing
All pricing shall be firm, and include all insurance, warranty, and transportation costs, unless otherwise specified herein. The Contractor certifies that the pricing offered is no higher than the lowest price Contractor charges other agencies for similar quantities under similar conditions.
The Contractor further agrees that any reductions in the price of the Goods or Services described in Exhibit “A” will apply to any undelivered balance. The Contractor shall promptly notify OCFA of such price reductions.
Price escalation will only be granted during the 90 day period prior to each annual anni versary of the contract effective date. The Contractor may submit a written request that OCFA increase the prices for an amount for no more than the most recently available 12-month period for the Producer Price Ind ex (PPI) for Heavy Duty Truck MFG, Series ID PCU336120336120 , as published by the U.S. Department of Labor, Bureau of Labor Statistics (http://www.bls.gov).
Approval for contract price escalation shall only be granted based on the Producer Price Index (PPI) and/or historic price/cost data s upplied by Contractor that clearly and convincingly is verifiable and shows a cost that reflects the same gross profit percent as the base pricing. The Contractor’s profit margin shall not be increased during the term of this agreement nor during the term of any renewals or extensions granted. The OCFA shall review the request for adjustment and respond in writing; such response and approval shall not be unreasonably withheld.
At the end of the initial term, pricing may be adjusted for amounts other than inflation based on mutual agreement of the parties after review of appropriate documentation. Renewal prices shall be firm for at least one year, and may be adjusted thereafter as outlined in the previous paragraph. No fuel surcharges will be accepted. No price increases will be accepted without proper request by Contractor and response by the Purchasing Manager.
BEST AND FINAL OFFER RFP JA2673 TYPE I ENGINES
REQUEST FOR BEST AND FINAL OFFER
RFP JA2673 TYPE I ENGINES
DATE BEST AND FINAL OFFER REQUESTED: June 6, 2024
DUE DATE FOR BEST AND FINAL OFFER: June 12, 2024 at 5:00PM Kalmikov Enterprises dba Fire Apparatus Solutions
[email protected]
Dear Brandon Gomez,
Your firm, Kalmikov Enterprises dba Fire Apparatus Solutions, submitted a proposal in response to the above referenced Request for Proposal (RFP) issued by the Orange County Fire Authority (OCFA). Fire Apparatus Solutions has been selected as a finalist for further consideration in the RFP evaluation. As part of the negotiation process, the Orange County Fire Authority is exercising the right to request a Best and Final Offer (BAFO) for further evaluation and consideration.
Fire Apparatus Solutions, is invited to submit its BAFO for consideration in the award determination process. Best and Final Offers must be received no later than 5:00 P.M. June 12, 2024. The BAFO may be submitted by email.
T
he purpose of the Best and Final Offer is to allow both OCFA and your firm to make any modifications to the required specifications, terms or conditions, of the contract before making the final decision in the award. In addition, the BAFO also provides your firm an opportunity to make final adjustments to the proposed pricing included in your original proposal.
Best and Final Offers must be received by the Orange County Fire Authority - Purchasing Section no later than the deadline specified above. If a response is not received by the deadline, your original offer will serve as the final offer. Please submit your
response to this request via e-mail to: [email protected]. The Best and Final Offer will further assist in making our final award recommendation.
Thank you again for your continued interest in doing business with Orange County Fire Authority.
Best Regards,
James Aguila
Assistant Purchasing Agent
TO THE ORANGE COUNTY FIRE AUTHORITY:
The Undersigned hereby amends the original proposal as indicated in this Best and Final Offer and shall provide the Type I Engines in compliance with all terms, conditions, specifications, and amendments in the Request for Proposal which is incorporated by reference as if fully set forth herein. The representations herein are made under penalty of perjury.
Signature of Person Authorized to Sign Date
Printed Name Title
Brandon Gomez
6/10/2024
Salesperson
BEST AND FINAL OFFER RFP JA2673 TYPE I ENGINES
BEST AND FINAL OFFER PRICING
The initial proposal pricing that was submitted is provided below with an additional section provided for a BAFO adjustment. As a result of the OCFA Budget Adoption process, OCFA plans to issue two consec utive PO’s: 7 Engines to be ordered FY23/24, with a PO anticipated to be issued prior to June 30, 2024. 3 additional engines to be ordered FY24/25, with a PO anticipated to be issued between 7/1 -7/31/24.
1. Original Proposal
Pricing 2. Best and Final Offer Pricing
Item Description UoM Qty Unit Price Unit Price Ext. Total 1 TYPE I ENGINE
Per Specification No.
24-01-07
YEAR: 2026
MAKE: KME
MODEL: SEVERE
SERVICE
Each 7 10 $1,107,291.00 $ $
2 COMM EQUIPMENT
INSTALLATION Each 7 10 $37,000.00 $ $
Sales Tax (7.75%) $88,682.55 Sales Tax (7.75%) $
Subtotal $1,232,973.55 Subtotal $
3 Tire Fee per
apparatus, non-
taxable
Each 7 10 $10.50 $ $
4 Delivery Cost to OCFA
RFOTC, non-taxable Each 7 10 $0.00 $ $
5 Documentation Fees Each 7 10 $0.00 $ $
6 Pre-Inspection Trip
cost per person Each 5 $2,100.00 $ $
7 Mid Inspection Trip
cost per person Each 4 $2,100.00 $ $
8 Final Inspection Trip #
1 cost per person Each 4 $2,500.00 $ $
9 Final Inspection Trip #
2 cost per person Each 4 $2,500.00 $ $
Total
1,107,291.00
11,073,910.00
37,000.00
370,000.00
886,903.03
10.50 Type text here
105.00
0.00 0.00
0.00 0.00
10,500.00
10,500.00
8,400.00
8,400.00
10,000.00
10,000.00
10,000.00
10,000.00
12,330,813.03
$12,639,818.03
BEST AND FINAL OFFER RFP JA2542 FIRE SAFETY EDUCATION TRAILER 3 OPTIONAL ITEMS:
Item Description UoM Qty Unit Price Unit Price Ext. Total 10 5 Year Warranty Each 10 $21,600.00 $ $
11 Pre-payment
Discount. Includes
Performance Bond
Each 10 - $90,000.00 $ $
1. In an effort to gain a level of certainty around delivery lead times, OCFA is interested in pursuing a performance bond (without prepayment). Please provide information and pricing for available performance bond options:
Provide a description of the performance bond options offered: UOM QTY Unit Price 12 Each 1
13 Each 1
Provide any additional information on the types of performance bonds offered:
Provide the estimated delivery schedule for the 10 Type I Engines:
Type I Engine Purchase Order Date Estimated Delivery Date # 1 6/30/24
# 2 6/30/24
# 3 6/30/24
# 4 6/30/24
# 5 6/30/24
# 6 6/30/24
# 7 6/30/24
# 8 7/1/24
# 9 7/1/24
# 10 7/1/24
21,600.00
-90,000.00
Type text here
-900,000.00
KME Performance Bond
$4 per thousand
a performance bond can be provided at a cost of $4.00 per thousand dollars. 10/1/2026
10/1/2026
10/1/2026
11/1/2026
11/1/2026
11/1/2026
12/1/2026
12/1/2026
12/1/2026
12/1/2026
21,600.00
RFP No. JA2673 – Type I Engines
20 EXHIBIT “C”
Insurance Requirements
C1. Compliance with Insurance Requirements. Firm shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to OCFA, all insurance required under this secti on. Firm shall not commence any Services under this Agreement unless and until it has provided evidence satisfactory to OCFA that it has secured all insurance required under this section. If Firm’s existing insurance policies do not meet the insurance requirements set forth herein, Firm agrees to amend, supplement or endorse the policies to meet all requirements herein.
C2. Types of Insurance Required. Without limiting the indemnity provisions set forth in this Agreement, Firm shall obtain and maintain in f ull force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
C2.1 Professional Liability/Technology Errors and Omissions Insurance ("PLI"). Firm shall obtain and maintain PLI insurance applicable to each licensed profession practiced by Firm. Firm shall maintain PLI insurance with per -claim and aggregate limits no lower than one million dollars ($1,000,000.00) each occurrence and two million dollars ($2,000,000.00) aggregate. Covered p rofessional services shall specifically include all Services to be performed under the Agreement and the policy shall be endorsed to delete any exclusions that may exclude coverage for claims within the minimum PLI Limits for the Services to be performed under this Agreement.
C2.1.1 The PLI policy shall be endorsed to delete any Contractual Liability Exclusion. The PLI shall include contractual liability coverage applicable to this Agreement. The policy must “pay on behalf of” the insured, and include a provisio n establishing the insurer’s duty to defend the insured.
C2.1.2 If the PLI policy of insurance is written on a “claims-made” basis, the policy shall be continued in full force and effect at all times during the term of this Agreement, and for a period of three ( 3) years from the date of the completion of all Services provided hereunder (the "PLI Coverage Period"). If any PLI policy is replaced, cancelled, non-renewed, discontinued, or otherwise terminated, or if the limits of a PLI policy are reduced or the avai lable coverage depleted below the required minimum coverage amounts for any reason during the PLI Coverage Period, Firm shall immediately obtain replacement PLI coverage meeting the requirements of this Section 6.2.1. Such replacement coverage shall satis fy all requirements herein, and shall include coverage for the prior acts or omissions of Firm during the time period during which any Services were performed. The coverage shall be evidenced by either a new policy evidencing no gap in coverage, or by obtaining separate extended “tail” coverage with the present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be subject to the written approval by the OCFA.
C2.1.3 If the PLI policy is written on an “occurrence” basis, the policy shall be continued in full force and effect during the term of this Agreement, or until completion of the Services provided for in this Agreement, whichever is later. In the event of
RFP No. JA2673 – Type I Engines
21 termination of the PLI policy during this period, new coverage shall immediately be obtained, and written evidence of the policy shall be immediately provided to OCFA, to ensure PLI coverage during the entire course of performing the Services.
C2.1.4 Firm shall not perform any Services at any time during which required types or amounts of PLI insurance are not in effect, and OCFA shall have no obligation to pay Firm for Services performed while required PLI insurance is not in effect.
C2.2 Commercial General Liability Insurance. Firm shall obtain and maintain, in ful l force and effect throughout the term of this Agreement, Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including property damage, bodily injury and personal & advertising injury with limits no less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate. If a general aggregate limit applies, the general aggregate limit shall be no less than two million dollars ($2,000,000.00). Coverage for products and completed operat ions is required with limits no less than two million dollars ($2,000,000.00 aggregate. CGL insurance shall be provided on an occurrence-based coverage form; a "claims made" CGL policy is not acceptable. Firm shall maintain CGL insurance with per -claim, ag gregate and products and operations completed limits no lower than the minimum CGL coverage limits set forth above. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for any of the following: (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) any other exclusion contrary to this Agreement.
C2.3 Automobile Liability Insurance. Firm shall obtain and maintain, in full for ce and effect throughout the term of this Agreement, a policy of Automobile liability insurance written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury, disease and property damage. Defense costs shall be paid in addition to the policy limits. The policy shall specifically include coverage for owned, non -owned, leased, and hired automobiles, and be endorsed to eliminate any exclusion applicable to any of them.
C2.4 Workers’ Compensation Insurance. Firm shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance with limits no less than one million dollars ($1,000,000.00), and in compliance with all other statutory requirements applicable in the State of California. Firm hereby waives on its own behalf, and shall obtain an endorsement from its workers’ compensation insurer waiving on the insurance company's behalf, all rights of subrogation ag ainst the OCFA, its board members, officials, officers, employees, agents and volunteers.
C2.4.1 If subconsultants or subcontractors are used, Firm shall require each of its subconsultants and subcontractors, if any, to waive all rights of subrogation, and to obtain endorsements from the subconsultants'/subcontractors' workers’ compensation insurers waiving all rights of subrogation, against the OCFA, its board members, officials, officers, employees, agents and volunteers.
RFP No. JA2673 – Type I Engines
22 C2.4.2 Firm and each of its subconsultants and subcontractors shall also maintain, in full force and effect throughout the term of this Agreement, Employer’s Liability Insurance with limits of at least one million dollars ($1,000,000.00) per injury or illness.
C3. Acceptability of Insurers. Each insurance policy required by this section shall be issued by a licensed company authorized to transact business by the Department of Insurance for the State of California with a current rating of A -:VII or better (if an admitted carrier), or a c urrent rating of A:X or better (if offered by a non -admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI)), by the latest edition of A.M. Best’s Key Rating Guide, except that the OCFA will accept workers’ compens ation insurance from the State Compensation Fund. In the event the OCFA determines that the Services to be performed under this Agreement creates an increased or decreased risk of loss to the OCFA, the Firm agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the OCFA.
C3.1 Firm shall immediately replace any insurer whose A.M. Best rating drops below the levels specified herein with an insurer that meets the minimum requirements herein.
C4. Specific Insurance Provisions and Endorsements. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the OCFA for written approval. Required insurance policies shall conta in the following provisions, or Firm shall provide endorsements on forms approved by the OCFA to add the following provisions to the insurance policies:
C4.1 CGL and Auto Liability Endorsements. The policy or policies of insurance required by this Agreement for CGL and Automobile Liability Insurance shall be endorsed as follows:
C4.1.1 Additional Insured: The OCFA, its board members, officials, officers, employees, agents and volunteers, shall be additional insureds; and
Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Firm, (4) contain any other exclusions contrary to the Agreement; or (5) contain special limitation s on the scope of protection afforded to additional insureds.
C4.1.2 Primary, Non-Contributing. Each CGL and Auto Liability insurance policy shall be endorsed to be primary and any other insurance, deductible, or self-insurance maintained by the OCFA, its board members, officials, officers, employees, agents or volunteers, shall not contribute with the primary insurance.
C4.2 Notice of Cancellation: Each policy of any type shall be endorsed to provide that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirt y (30) days prior written notice has been provided to the OCFA.
Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Firm’s failure to pay the insurance premium, the notice provided by the insurer to OCFA shall be by not less than ten (10) days prior written notice. (A statement that notice will be
RFP No. JA2673 – Type I Engines
23 provided "in accordance with the policy terms" or words to that effect is inadequate to meet the requirements of this Section).
C4.2.1 Pre-Payment of Policy Premium. If for any reason an insurer declines to issue an endorsement certifying that it will notify OCFA in accordance with section
6.4.2, Firm shall either obtain insurance from another insurer who will provide the required notice endorsement or shall provide evidence satisfactory to OCFA that the entire policy premium for the full term of that policy has been pre -paid such that the risk of non-payment of premiums during the term of the policy has been eliminated.
C4.3 ACORD Forms Will Not Be Accepted in Lieu of Endorsements. By executing this Agreement, Firm certifies that it has – prior to execution of this Agreement - confirmed that its insurance company will issue each of the endorsements required by this Agreement. Firm also certifies that it understands that "ACORD" Certificate of Liability Insurance forms will not be accepted in lieu of required endorsements.
C5. Deductibles and Self-Insured Retentions. Any deductible or self -insured retention must be approved in writing by the OCFA in advance. The decision whether t o approve or withhold approval of a deductible or self-insured retention shall be made by the OCFA in the OCFA's sole and absolute discretion. (Firm may request pre -approval from OCFA of a deductible or self - insured retention prior to submitting Firm's Proposal).
C6. Waiver of Subrogation. All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the OCFA, its officials, officers, employees, agents and volunteers, or shall specif ically allow Firm or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Firm hereby agrees to waive its own right of subrogation against the OCFA, its officials, officers, employees, agents and volunteers.
C6.1 Waivers of Subrogation: Subconsultants and Subcontractors. If OCFA approves the use of subconsultants or subcontractors for the performance of any portion of the Services, then Firm shall obtain from each subconsultant and subcontractor, and make available to OCFA upon request, written express waivers by each subconsultant and subcontractor of the right of subrogation against the OCFA, its officials, officers, employees, agents and volunteers, and policy en dorsements of each of its subconsultants' and subcontractors' insurance policies waiving any rights of subrogation against the OCFA, its officials, officers, employees, agents and volunteers insurer. All such waivers and endorsements shall be obtained pri or to commencement of any Services by each subconsultant or subcontractor.
C7. Evidence of Coverage. Concurrently with the execution of the Agreement, Firm shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required to be maintained by Firm by this Section 5. Firm sh all promptly furnish, at OCFA’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents OCFA requires to verify coverage.
C7.1 Required insurance policies shall not be in compliance if they i nclude any limiting provision or endorsement that has not been submitted to the OCFA for written approval.
RFP No. JA2673 – Type I Engines
24 C7.2 Authorized Signatures. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf.
C7.3 Renewal/Replacement Policies. At least fifteen (15) days prior to the expiration of any policy required by this Agreement, evidence of insurance showing that such insurance coverage has been renewed or exte nded shall be filed with the OCFA. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Firm shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the OCFA evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies meeting all requirements of this Agreement.
C8. Requirements Not Limiting. Require ment of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Firm may be held responsible for losses of any type or amount.
C9. Enforcement of Agreement (Non-Estoppel). Firm acknowledges and agrees that actual or alleged failure on the part of the OCFA to inform Firm of any non -compliance with any of the insurance requirements set forth in this Agreement imposes no additional obligation on the OCFA nor does it waive any rights hereunder.
C10. Insurance for Subconsultant s. If OCFA approves the use of subconsultants or subcontractors for the performance of any portion of the Services, then Firm shall be responsible for causing each approved subconsultant and subcontractor to procure and maintain insurance in the same types and amounts required for Firm, and in full compliance with the insurance requirements set forth in this Agreement, except as otherwise authorized in writing by the Contract Manager.
C10.1 Delivery of Evidence of Subcontractor Insurance. Upon request of OCFA , Firm shall deliver to OCFA all certificates of insurance and endorsements required from subcontractors and subconsultants. (Note: Firm's duty to obtain all required insurance for subcontractors and subconsultants required under this Agreement applies whe ther or not OCFA requests delivery of evidence of such coverage.)
C11. Other Insurance Requirements. The following terms and conditions shall apply to the insurance policies required of Firm and its subconsultants and subcontractors, if any, pursuant to this Agreement:
C11.1 Firm shall provide immediate written notice to OCFA if (1) any of the insurance policies required herein are terminated, cancelled, suspended, or non-renewed (2) the limits of any of the insurance coverages required herein are reduced; (3) any required insurance coverage is reduced below the required minimum limits through claims or otherwise, or (4) the deductible or self-insured retention is increased.
RFP No. JA2673 – Type I Engines
25 C11.2 All insurance coverage and limits required under this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement o r any other agreement relating to the OCFA or its operations shall limit the application of such insurance coverage.
C11.3 None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting e ndorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the OCFA and approved in writing.
C11.4 Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay the Project. It is Firm’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein and Firm agrees to reimburse OCFA for any losses resulting from its failure, or its subconsultants' or subcontractors' failure, to timely comply with the requirements of this Agreement.
C11.5 Firm agrees to ensure that subconsultants and subcontractors, if any , and any other parties involved with the Project who are brought onto or involved in the Project by Firm, provide the same minimum insurance coverage required of Firm. Firm agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Firm agrees that upon request, all agreements with, and evidence of insurance from, subconsultants and subcontractors and others engaged in performing any Services will be submitted to the OCFA for review.
C11.6 Firm agrees to provide immediate written notice to OCFA of any claim, demand or loss arising out of the Services performed under this Agreement and for any other claim, demand or loss which may reduce the insur ance available to an amount less than required by this Agreement.