of reinforced concrete pipe placed underground in existing roadways, with connector pipes and catch basins/inlet drains along a total length of approximately 3,650 feet. Ms. Lindsay is serving as the Project Director on the preparation of an Initial Study and Mitigated Negative Declaration (MND) in compliance with the California Environmental Quality Act (CEQA) and supporting technical studies and biological resources surveys. Her responsibilities include coordination with the City for data and project design information. Ms. Lindsay also conducted QA/QC review of all sections of the IS/MND prepared for the project.
Compliance Monitoring Services, Sunshine Canyon Landfill, Sylmar, CA; January 2012 to Ongoing Ms. Lindsay serves as Principal in Charge for mitigation monitoring services at the Sunshine Canyon Landfill. The UltraSystems team performs site visits to monitor over 400 conditions of approval and/or mitigation measures and writes monthly and quarterly reports on the findings.
Sunshine Canyon Landfill Expansion, Sylmar, CA (City portion); January 2012 to Ongoing Ms. Lindsay served as Project Director responsible for oversight of all environmental documentation, preparation and entitlement processing for the proposed Sunshine Canyon Landfill in the City of Los Angeles. Also responsible for overseeing nine (9) participating sub-consulting firms, as well as an in-house environmental staff. This combined landfill would have an approximate 90-million tons of disposal capacity, with a planned maximum intake rate of 11,000 tons-per-day (tpd).
Sunshine Canyon Landfill Expansion, Sylmar, CA (County portion); January 2012 to Ongoing Ms. Lindsay served as Project Director for the proposed Sunshine Canyon Landfill in the County of Los Angeles responsible for preparing nine environmental documents, entitlement processing, including an Oak Tree and Conditional Use Permit (i.e., 51 project conditions and seven separate monitoring programs), for this project in the City of Los Angeles. She also assisted the County staff with the preparation of permit compliance documentation (i.e., pre-construction, construction, and operations) for required regulatory permits for project implementation.
This landfill has an approximate 17-million tons of disposal capacity, with a planned maximum intake rate of 6,500 tpd.
As-Needed Environmental Documentation and Regulatory Permit Contract, Los Angeles County, CA, 2003 - Ongoing
Ms. Lindsay is serving as Principal-in-Charge and Contractual Administrator for this ongoing contract for the County of Los Angeles. She assists with the oversight of all environmental documentation preparation and entitlement processing, as well as technical services. UltraSystems is contracted by Los Angeles County to provide “as-needed” environmental services for various projects throughout the County. Specific task orders are issued by the County, and all services are performed in compliance with policies, procedures, and standards of Public Works, as well in accordance with the Scope of Services defined in the original RFP documents. Since 1994, UltraSystems has managed over 60 projects under this County of Los Angeles contract.
Parts of our services entail the preparation of environmental documents, including CEQA/NEPA environmental documents, as required by specific project scopes and master plans. Examples include: field, literature, and electronic database reviews; Initial studies; technical studies; documentation; public meetings and publications. In addition, UltraSystems prepares regulatory permits, permit applications, specialized studies, field activities, and regulatory agency hearings.
MWD Prestressed Concrete Cylinder Piper (PCCP)Exploratory Testing and Planning; October 2017 to March 2021
Ms. Lindsay served as Principal-in-Charge for this project in which UltraSystems prepared an Environmental Exploration and Testing Plan and Traffic Control Plans for the Metropolitan Water District’s Second Lower Feeder Pipeline Rehabilitation project that runs approximately 30 miles between Orange and Los Angeles Counties.
UltraSystems’ directed the soil boring, soil sampling, and piezometer installations at up to nine boring locations. In addition, UltraSystems is obtaining encroachment, lane closure, and other required permits required to perform the project in compliance with local, state, and federal regulatory requirements.
To: Mayor and City Council
From: City Manager
Meeting Date: March 28, 2023
Subject: ACCEPTANCE OF GRANT FUNDS FROM THE
DEPARTMENT OF PARKS AND RECREATION OFFICE
OF GRANTS AND LOCAL SERVICES OUTDOOR EQUITY
GRANT PROGRAM (OEP) - RIO HONDO PARK NATURE
PROGRAM (NON-CIP NO. 6570)
Recommendation:
1. Accept grant funding in the amount of $481,729 for the Rio Hondo Park Nature Program through the Department of Parks and Recreation Office of Grants and Local Services Outdoor Equity Grants Program (OEP Grant) and increase the fiscal year (FY) 2022-23 adopted budget by increasing revenue account number 699.00.0000-45000-NonCIP. 6570 (State Grant) by $481,729;
2. Approve an appropriation of $481,729 from grant funds and amend the FY 2022- 2023 adopted budget by increasing expense account number 699.80.8100- 54500-NonCIP No. 6570 by $481,729; and
3. Authorize the City Manager to execute all related grant documents.
Fiscal Impact:
Shall the Council approve the recommendations, both the revenue and expense accounts (699.00.0000-45000-NonCIP. 6570 and 699.80.8100-54500-NonCIP. 6570) will increase by $481,729. There is no fiscal impact to the General Fund.
Background:
In 2019, the OEP Grant was enacted by Governor Gavin Newsom when he signed Assembly Bill 209 (AB 209) – Chapter 675, located in the Public Resources Code §5090.75(c) (1.26). On July 1, 2020, the California Legislature authorized $57 million of funding for OEP Grants. These are competitive grants to provide public agencies and non-profits with funding to offer programs aimed to create outdoor program access for underserved communities, giving participants opportunities to visit state parks and other 9 CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 28, 2023
ACCEPTANCE OF GRANT FUNDING FOR THE RIO HONDO PARK NATURE PROGRAM.
public lands in nature. The grants are administered through the State of California Department of Parks and Recreation (DPR), Office of Grants and Local Services. In June 2021, the state announced that it was accepting applications for the OEP Grant.
An OEP Grant request could be a minimum of $20,000 or up to a maximum of $700,000 dollars per community home base. Eligible programs must meet the following minimum requirements:
1. Establishment of a “Community Home Base” (home base) – a central gathering place for residents of an underserved community where the majority of targeted participants live; and
2. Creation of programming that provides planned activities in the community and trips from the home base to natural areas within the state.
In addition to the minimum requirements, more points were awarded to applications where the home base serves a community with significant challenges, such as limited outdoor access due to economic limitations.
Discussion:
In July 2021, staff began the grant application process and identified Rio Hondo Park as the “home base” for the proposed program. This park site was selected as the home base as it falls within a critically underserved neighborhood making the application more likely to be selected for an award.
The grant application submitted on October 10, 2021, requested funding to develop a NEW program called the Rio Hondo Park Nature Program. This NEW program includes funding for transportation, excursion tickets/fees, overnight accommodations, food, program supplies, insurance and staffing costs. The grant funds provide three (3) years of program costs which also include a mentorship component and environmental education.
The overall goal of the proposed program is to increase recreational access and opportunities to connect residents with the outdoors while providing direct benefits to the community such as improving the quality of life for a diverse group of residents of all ages and abilities.
On May 27, 2022, the City was awarded $481,729 to implement the Rio Hondo Park Nature Program. Staff has begun developing a schedule with excursions and informative sessions for FY 2022/23 and FY 23/24. We look forward to bringing these new excursions to our community.
CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 28, 2023
ACCEPTANCE OF GRANT FUNDING FOR THE RIO HONDO PARK NATURE PROGRAM.
Conclusion:
Staff recommends that City Council accept the grant funding of $481,729 from The Department of Parks and Recreation Office of Grants and Local Services Outdoor Equity Grant Program for Rio Hondo Park Nature Program NonCIP No. 6570 and amend the FY 2022-2023 Budget accordingly.
Steve Carmona
SC:PY
Enclosure: 1) Grant Contract
State of California - Natural Resources Agency
Department of Parks and Recreation
GRANT CONTRACT
General Fund
Outdoor Equity Grants
PROJECT NO.
GRANTEE
Total State grant amount not to exceed
GRANTEE
The General and Special Provisions attached are made a part of and incorporated into the Contract.
By
Title
Date
Signature of Authorized Representative
By
Date
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
CERTIFICATION OF FUNDING
(For State Use Only)
AMOUNT ENCUMBERED BY THIS DOCUMENT
CONTRACT NO
FUND.
PRIOR AMOUNT ENCUMBERED FOR THIS
CONTRACT
FISCAL SUPPLIER I.D.
TOTAL AMOUNT ENCUMBERED TO DATE
$
ITEM CHAPTER STATUTE FISCAL YEAR
Reporting Structured. Account/Alt Account. PROJECT / WORK PHASE City of Pico Rivera
July 01, 2020 through June 30, 2027
2022/23
C5053033
3790-1011-0001 6
City of Pico Rivera
$481,729.00
General Fund
37900091 5432000-5432000000
$481,729.00
City Manager
0000011796
The GRANTEE agrees to the terms and conditions of this Contract, and the State of California, acting through its Director of Parks and Recreation, pursuant to the State of California, agrees to fund the total State grant amount indicated below. The GRANTEE agrees to complete the PROJECT SCOPE(s) as defined in the Development PROJECT SCOPE /Cost Estimate Form or Acquisition Documentation for the application(s) filed with the State of California.
Typed or printed name of Authorized Representative
GRANT PERFORMANCE PERIOD is from
20 AMENDMENT NO
$481,729.00
Address
ACTIVITY CODE
60066
CONTRACT PERFORMANCE PERIOD is from July 01, 2020 through June 30, 2027 Enclosure 1
9a
1 I. RECITALS
This CONTRACT is entered into between the California Department of Parks and Recreation (hereinafter referred to as “GRANTOR,” “DEPARTMENT” or “STATE”) and City of Pico Rivera (hereinafter referred to as “GRANTEE”).
The DEPARTMENT hereby grants to GRANTEE a sum (also referred to as “GRANT MONIES”) not to exceed _$481,729___, subject to the terms and conditions of this CONTRACT and Assembly Bill 2020/21 California State Budget, Chapter 6, SECTION
1. Chapter 1.26 (commencing with Section 5090.75) Division 5 of the Public Resources Code, statutes of 2020, Item number – 3790-1011-0001 (hereinafter referred to as “GRANT PROGRAM”). These funds shall be used for completion of the GRANT SCOPE(S).
The Grant Performance Period is from _July 01, 2020_ to _June 30, 2027_.
II. GENERAL PROVISIONS
A. Definitions
As used in this CONTRACT, the following words shall have the following meanings:
1. The term “GRANT PROGRAM” means Assembly Bill 209 Chapter 675, SECTION 1. Chapter 1.26 (commencing with Section 5090.75) Division 5 of the Public Resources Code, as referred to in section I of this CONTRACT.
2. The term “APPLICATION” means the individual project APPLICATION packet for a project pursuant to the enabling legislation and/or grant program process guide requirements.
3. The term “GRANTOR”, “DEPARTMENT”, or “STATE” means the California Department of Parks and Recreation.
4. The term “GRANTEE” means the recipient of GRANT MONIES as described in Section I of this CONTRACT.
5. The term “GRANT SCOPE” means the items listed in the GRANT SCOPE/Cost Estimate Form found in the APPLICATION submitted pursuant to this grant.
6. The term “GUIDES” means (1) the document identified as the “Grant Administration Guide for the Outdoor Equity Grants Program” and (2) The Application Guide for the Outdoor Equity Grants Program.
B. Project Execution
2 1. Subject to the availability of GRANT MONIES in the GRANT PROGRAM, the STATE hereby grants to the GRANTEE a sum of money not to exceed the amount stated on the cover and Section I of this CONTRACT, in consideration of, and on condition that, the sum be expended in carrying out the purposes as set forth in the scope described in the enabling legislation and referenced in the APPLICATION, Section I of this CONTRACT, and under the terms and conditions set forth in this CONTRACT.
The GRANTEE shall assume any obligation to furnish any additional funds that may be necessary to complete the GRANT SCOPE(S).
The GRANTEE agrees to submit any change or alteration from the original GRANT SCOPE(S) in writing to the STATE for prior approval. This applies to any and all changes that occur after STATE has approved the APPLICATION.
Changes in the GRANT SCOPE(S) must be approved in writing by the STATE.
To maintain the integrity of the competitive grant program, the GRANTEE agrees that any other project changes or alterations which deviate from the intent of the project selection criteria provided by the GRANTEE in the original competitive APPLICATION must be submitted in writing to the STATE for prior approval.
2. The GRANTEE shall complete the GRANT SCOPE(S) in accordance with the time of the Grant Performance Period set forth in Section I of this CONTRACT, and under the terms and conditions of this CONTRACT.
3. The GRANTEE shall comply with all applicable current laws and regulations affecting projects, including, but not limited to, legal requirements for contracts, health and safety codes, and laws and codes pertaining to individuals with disabilities, including but not limited to the Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.) and the California Unruh Act (California Civil Code §51 et seq.).
C. Project Costs
1. GRANTEE agrees to abide by the GUIDES.
2. GRANTEE acknowledges that the STATE may make reasonable changes to its procedures as set forth in the GUIDES. If STATE makes any changes to its procedures and guidelines, STATE agrees to notify GRANTEE within a reasonable time.
D. Project Administration
1. If GRANT MONIES are advanced for projects, the advanced funds shall be placed in an interest-bearing account until expended. Interest earned on the advanced funds shall be used on the project as approved by the STATE. If grant monies are advanced and not expended, the unused portion of the grant and any interest earned shall be returned to the STATE within 60 days after project completion or end of the grant performance period, whichever is earlier.
2. The GRANTEE shall submit written project status reports within 30 calendar days after the STATE has made such a request. In any event, the GRANTEE shall 3 provide the STATE a report showing total final project expenditures within 60 days of project completion or the end of the grant performance period, whichever is earlier. The grant performance period is identified in Section I of this CONTRACT.
3. The GRANTEE shall make activities conducted pursuant to this CONTRACT available for inspection upon request by the STATE.
E. Insurance Requirement
1. Coverage term: Coverage shall be in force for the complete term of the CONTRACT. If insurance expires during the term of the grant performance period, a new certificate of insurance must be received by STATE at least ten (10) days prior to the expiration of the original insurance. Any new insurance policy must still comply with the original terms of the grant.
2. Policy cancellation or termination and notice of non-renewal: Insurance policies shall contain a provision stating coverage will not be cancelled without 30 days prior written notice to STATE. In the event GRANTEE fails to always keep in effect the specified insurance coverage, STATE may, in addition to any other remedies it may have, terminate this CONTRACT upon the occurrence of such event, subject to the provisions of this CONTRACT.
3. Deductible: GRANTEE is responsible for payment of any deductible or selfinsured retention requirement contained within their insurance policy.
4. Primary clause: Any required insurance shall be primary, and not excess or contributory, to any other insurance carried by the GRANTEE, or by any other entity, including the STATE.
5. Insurance carrier required rating: All insurance companies must carry a rating acceptable to the Office of Risk and Insurance Management. If the GRANTEE is self-insured for a portion or all of the insurance coverage period required by this CONTRACT, prior review of financial information including a letter of credit may be required before such self-insurance will be approved by STATE.
6. Endorsements: Any endorsements required by STATE must be included with all requested certificates of insurance and shall not be substituted by referring to such coverage on the certificate of insurance. All policies or letters of selfinsurance must use the CG-2010-1185 form or equivalent and include the following clause:
“The California Department of Parks and Recreation, Office of Grants and Local Services and the State of California, its officers, agents, employees, and servants are named as additional insured.”
In the case of the GRANTEE’S utilization of subcontractors to complete the scope of work pursuant to this CONTRACT, the GRANTEE shall include all subcontractors as insureds under GRANTEE’S insurance or shall supply evidence of insurance to STATE equal to policies, coverages, clauses, and limits required of GRANTEE by this CONTRACT.
4 Any proposed change in the required insurance coverage status stated herein shall be reported to STATE prior to the effective date of such change and may result in restrictions being imposed on the usage of the grant monies or equipment.
7. Inadequate insurance: Inadequate or lack of insurance does not negate the GRANTEE’s obligations under the CONTRACT
8. Commercial general liability: The GRANTEE shall maintain general liability coverage with limits of not less than $1,000,000 per occurrence for bodily injury and property damage liability combined with a $2,000,000 annual policy aggregate. The general liability coverage shall include coverage for all liabilities arising out of premises, operations, independent contractors, products, completed operations, personal and advertising injury, and liability assumed under an insured contract. This insurance coverage shall apply separately to each insured against whom claim is made or suit is brought subject to the GRANTEE’S limit of liability
9. Vehicle insurance: In addition to general liability coverage required by Section E of this CONTRACT, the GRANTEE shall maintain the required insurance for all vehicles used in programs funded by grant money.
10.Vehicle liability: The GRANTEE shall maintain motor vehicle liability insurance coverage with limits required by State and Federal statute; but such limits shall not be less than $1,000,000 combined single coverage limit per accident. Such insurance shall cover all liability and damages arising out of use of a motor vehicle for any purpose connected directly or indirectly with the CONTRACT, including owned, hired and non-owned motor vehicles.
11.Workers’ compensation and employer’s liability: The GRANTEE shall provide either (1) or (2) below:
(1.) The GRANTEE shall maintain statutory workers’ compensation and employer’s liability insurance coverage for all of its employees who will be engaged in the performance of the Agreement for the entire term of this CONTRACT. Employer’s liability coverage limits 26 of $1,000,000 are required.
In addition, the GRANTEE shall forward a Waiver of Subrogation to STATE. (2.) If paid employees are not used to carry out the activities covered by this CONTRACT, then the Exemption of Workers’ Compensation must be submitted to STATE.
12.Self-insurance: If applicable, the GRANTEE shall provide evidence of selfinsurance to STATE. STATE reserves the right to request any additional information, as determined by STATE, concerning the GRANTEE’S ability to adequately self-insure.
F. Project Termination
1. Project Termination refers to the non-completion of a GRANT SCOPE. Any grant funds that have not been expended by the GRANTEE shall revert to the STATE. 5 2. The GRANTEE may unilaterally rescind this CONTRACT at any time prior to the commencement of the project. The commencement of the project means the date of the letter notifying GRANTEE of the award or when the funds are appropriated, whichever is later. After project commencement, this CONTRACT may be rescinded, modified or amended only by mutual agreement in writing between the GRANTEE and the STATE, unless the provisions of this CONTRACT provide that mutual agreement is not required.
3. Failure by the GRANTEE to comply with the terms of the (a) GUIDES, (b) any legislation applicable to the GRANT PROGRAM, (c) this CONTRACT as well as any other grant contracts, specified or general, that GRANTEE has entered into with STATE, may be cause for suspension of all obligations of the STATE unless the STATE determines that such failure was due to no fault of the GRANTEE. In such case, STATE may reimburse GRANTEE for eligible costs properly incurred in performance of this CONTRACT despite non-performance of the GRANTEE.
To qualify for such reimbursement, GRANTEE agrees to mitigate its losses to the best of its ability.
4. Any breach of any term, provision, obligation or requirement of this CONTRACT by the GRANTEE shall be a default of this CONTRACT. In the case of any default by GRANTEE, STATE shall be entitled to all remedies available under law and equity, including but not limited to a) Specific Performance; b) Return of all GRANT MONIES; and c) Payment to the STATE of the costs of enforcement of this CONTRACT, including but not limited to court and arbitration costs, fees, expenses of litigation, and reasonable attorney fees.
5. The GRANTEE and the STATE agree that final payment may not be made until the work described in the GRANT SCOPE is complete.
G. Budget Contingency Clause
If funding for any fiscal year is reduced or deleted by the budget act for purposes of this program, the STATE shall have the option to either cancel this CONTRACT with no liability occurring to the STATE or offer a CONTRACT amendment to GRANTEE to reflect the reduced grant amount. This Paragraph shall not require the mutual agreement as addressed in Paragraph F, provision 2, of this CONTRACT.
H. Hold Harmless
1. The GRANTEE shall waive all claims and recourse against the STATE including the right to contribution for loss or damage to persons or property arising from, growing out of or in any way connected with or incident to this CONTRACT except claims arising from the concurrent or sole negligence of the STATE, its officers, agents, and employees.
2. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents and employees against any and all claims, demands, damages, costs, expenses or liability costs arising out of the activities conducted described as the project which claims, demands or causes of action arise under California 6 Government Code Section 895.2 or otherwise except for liability arising out of the concurrent or sole negligence of the STATE, its officers, agents, or employees.
3. The GRANTEE agrees that in the event the STATE is named as codefendant under the provisions of California Government Code Section 895 et seq., the GRANTEE shall notify the STATE of such fact and shall represent the STATE in the legal action unless the STATE undertakes to represent itself as codefendant in such legal action in which event the GRANTEE agrees to pay the STATE’s litigation costs, expenses, and reasonable attorney fees.
4. The GRANTEE and the STATE agree that in the event of judgment entered against the STATE and the GRANTEE because of the concurrent negligence of the STATE and the GRANTEE, their officers, agents, or employees, an apportionment of liability to pay such judgment shall be made by a court of competent jurisdiction. Neither party shall request a jury apportionment.
5. The GRANTEE shall indemnify, hold harmless and defend the STATE, its officers, agents, and employees against any and all claims, demands, costs, expenses or liability costs arising out of legal actions pursuant to items to which the GRANTEE has certified. The GRANTEE acknowledges that it is solely responsible for compliance with items to which it has certified.
I. Financial Records
1. The GRANTEE shall maintain satisfactory financial accounts, documents, including loan documents, and all other records for the project and to make them available to the STATE for auditing at reasonable times. The GRANTEE also agrees to retain such financial accounts, documents and records for five years following project termination or issuance of final payment, whichever is later.
2. The GRANTEE shall keep such records as the STATE shall prescribe, including records which fully disclose (a) the disposition of the proceeds of STATE funding assistance, (b) the total cost of the project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the project cost supplied by other sources, and (d) any other such records that will facilitate an effective audit.
3. The GRANTEE agrees that the STATE shall have the right to inspect and make copies of any books, records or reports pertaining to this CONTRACT or matters related thereto during regular office hours. The GRANTEE shall maintain and make available for inspection by the STATE accurate records of all of its costs, disbursements and receipts with respect to its activities under this CONTRACT.
Such accounts, documents, and records shall be retained by the GRANTEE for at least five years following project termination or issuance of final payment, whichever is later.
4. The GRANTEE shall use a generally accepted accounting system. 7 J. Nondiscrimination
1. The GRANTEE shall not discriminate against any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status in the administration of any activities conducted pursuant to this CONTRACT.
2. The GRANTEE shall not discriminate against any person based on residence except to the extent that reasonable differences in admission or other fees may be maintained on the basis of residence and pursuant to law.
3. All activities shall be open to members of the public generally, except as noted under the special provisions of this project CONTRACT or under provisions of the enabling legislation and/or grant program.
K. Severability
If any provision of this CONTRACT or the application thereof is held invalid, that invalidity shall not affect other provisions or applications of the CONTRACT which can be given effect without the invalid provision or application, and to this end the provisions of this CONTRACT are severable.
L. Liability
1. STATE assumes no responsibility for assuring the safety or standards of programs related to the GRANT SCOPE. The STATE’s rights under this CONTRACT to review, inspect and approve the GRANT SCOPE and any final plans of implementation shall not give rise to any warranty or representation that the GRANT SCOPE and any plans or improvements are free from hazards or defects.
2. GRANTEE will secure adequate liability insurance, performance bond, and/or other security necessary to protect the GRANTEE’s and STATE’s interest against poor workmanship, fraud, or other potential loss associated with completion of the grant project.
M. Assignability
Without the written consent of the STATE, the GRANTEE’s interest in and responsibilities under this CONTRACT shall not be assignable by the GRANTEE either in whole or in part.
N. Use of Grant Monies
GRANTEE shall not use any grant funds (including any portion thereof) for the purpose of making any leverage loan, pledge, promissory note or similar financial 8 device or transaction, without: 1) the prior written approval of the STATE; and 2) any financial or legal interests created by any such leverage loan, pledge, promissory note or similar financial device or transaction in the project property shall be completely subordinated to this CONTRACT through a Subordination Agreement provided and approved by the STATE, signed by all parties involved in the transaction, and recorded in the County Records against the fee title of the project property.
O. Section Headings
The headings and captions of the various sections of this CONTRACT have been inserted only for the purpose of convenience and are not a part of this CONTRACT and shall not be deemed in any manner to modify, explain, or restrict any of the provisions of this CONTRACT.
P. Waiver
Any failure by a party to enforce its rights under this CONTRACT, in the event of a breach or default, shall not be construed as a waiver of said rights; and the waiver of any breach or default under this CONTRACT shall not be construed as a waiver of any subsequent breach.
III. SPECIAL PROVISIONS:
A. Economic Sanctions
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate contracts with, and to refrain from entering any new contracts with, individuals or entities that are determined to be a target of Economic Sanctions. This Executive order extends to recipients of any State Grants (Grantee). Grantees include those who have contracted or will contract to receive State grants funds. Accordingly, should the State determine that a Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities that shall be grounds for termination of this agreement. The State shall provide the Grantee advance written notice of such termination, allowing the Grantee at least 30 calendar days to provide a written response. Termination of any contract found to be in violation of this Executive Order shall be at the sole discretion of the State. 9 _City of Pico Rivera____________________________________
GRANTEE
By:__________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
STATE OF CALIFORNIA
DEPARTMENT OF PARKS AND RECREATION
By: _________________________________
Signature of Authorized Representative
Title: _________________________________
Date: _________________________________
To: Mayor and City Council
From: City Manager
Meeting Date: March 28, 2023
Subject: TREASURER’S MONTHLY INVESTMENT TRANSACTION
REPORT AS OF FEBRUARY 28, 2023
Recommendation:
1. Receive and file the Treasurer’s Monthly Investment Transaction Report as of February 28, 2023.
Fiscal Impact:
There is no fiscal impact from this item.
Background:
Per the City of Pico Rivera (City) Investment Policy approved by the City Council on April 26, 2022, the City Treasurer submits a monthly investment transaction report to the City Council within 30 days of the end of the reporting period in accordance with California Government Code Section 53607.
Discussion:
This report updates the City Council on the City’s monthly transactions of the City’s investment portfolio for the month ending February 28, 2023. The statements enclosed include transactions of the City’s investments with Local Agency Investment Fund (LAIF) and Chandler Asset Management (Enclosures 1 - 2).
Conclusion:
As of February 28, 2023, the City’s portfolio remains highly rated, liquid, and stable. All investments are maintained in accordance with California Government Code Section 53601 and the City’s investment policy approved by the City Council on April 26, 2022.
Steve Carmona
10 CITY COUNCIL AGENDA REPORT – MEETING OF MARCH 28, 2023 TREASURER’S MONTHLY INVESTMENT TRANSACTION REPORT AS OF FEBRUARY 28, 2023
SC:JG:JM:ep
Enclosures: 1) LAIF Statements for the Month Ending February 28, 2023. 2) Chandler Asset Management Transaction Ledger for the Month Ending February 28, 2023.
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Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount 2/1/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 836.09 1.00000 836.09 - 836.09 2/6/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 4,595.08 1.00000 4,595.08 - 4,595.08 2/9/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 7,025.00 1.00000 7,025.00 - 7,025.00 2/14/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 49,688.38 1.00000 49,688.38 - 49,688.382/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 1,656.25 1.00000 1,656.25 - 1,656.25 2/15/2023 ACQUISITIONS Purchase Honeywell Intl Callable Note Cont 01/15/2028 400,000.00 1.02243 408,972.00 - 408,972.00 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 1,008.17 1.00000 1,008.17 - 1,008.17 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 212.67 1.00000 212.67 - 212.672/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 219.33 1.00000 219.33 - 219.33 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 10,840.96 1.00000 10,840.96 - 10,840.96 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 4,338.22 1.00000 4,338.22 - 4,338.22 2/15/2023 ACQUISITIONS Purchase BMW Vehicle Lease Trust 2023-1 A3 40,000.00 0.99998 39,999.05 - 39,999.052/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 47.33 1.00000 47.33 - 47.33 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 358.42 1.00000 358.42 - 358.422/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 4,779.79 1.00000 4,779.79 - 4,779.792/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 5,136.97 1.00000 5,136.97 - 5,136.972/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 678.00 1.00000 678.00 - 678.002/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 933.17 1.00000 933.17 - 933.172/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 263.08 1.00000 263.08 - 263.082/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 3,327.62 1.00000 3,327.62 - 3,327.62 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 47.67 1.00000 47.67 - 47.67 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 5,237.04 1.00000 5,237.04 - 5,237.04 2/15/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 2,809.72 1.00000 2,809.72 - 2,809.72 2/16/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 74,542.39 1.00000 74,542.39 - 74,542.392/16/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 3,025.00 1.00000 3,025.00 - 3,025.00 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 56.01 1.00000 56.01 - 56.01 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 279.75 1.00000 279.75 - 279.75 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 66.00 1.00000 66.00 - 66.00 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 5,399.30 1.00000 5,399.30 - 5,399.30 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 5,505.30 1.00000 5,505.30 - 5,505.30 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 12,181.43 1.00000 12,181.43 - 12,181.432/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 400,000.00 1.00000 400,000.00 - 400,000.00 2/21/2023 ACQUISITIONS Purchase FHLMC K054 A2 500,000.00 0.94957 474,785.16 762.50 475,547.66 2/21/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 2,900.00 1.00000 2,900.00 - 2,900.00 2/23/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 24,868.19 1.00000 24,868.19 - 24,868.19 2/24/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 500.00 1.00000 500.00 - 500.00 2/24/2023 ACQUISITIONS Purchase Honda Auto Receivables Owner 2023-1 A3 70,000.00 0.99981 69,986.99 - 69,986.99 2/27/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 21,242.84 1.00000 21,242.84 - 21,242.842/27/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 19,279.83 1.00000 19,279.83 - 19,279.832/27/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 6,927.34 1.00000 6,927.34 - 6,927.34 2/27/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 16,976.00 1.00000 16,976.00 - 16,976.00 2/27/2023 ACQUISITIONS Purchase First American Govt Obligation Fund Class Y 77.92 1.00000 77.92 - 77.922/21/2023 ACQUISITIONS Short Sale First American Govt Obligation Fund Class Y (475,547.66) 1.00000 (475,547.66) - (475,547.66)2/24/2023 ACQUISITIONS Short Sale First American Govt Obligation Fund Class Y (69,986.99) 1.00000 (69,986.99) - (69,986.99) 2/21/2023 DISPOSITIONS Closing Purchase First American Govt Obligation Fund Class Y (475,547.66) 1.00000 (475,547.66) - 475,547.66 City of Pico Rivera Portfolio
Chandler Investment Transactions
February 2023
Enclosure 2
10b
Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
February 2023
2/24/2023 DISPOSITIONS Closing Purchase First American Govt Obligation Fund Class Y (69,986.99) 1.00000 (69,986.99) - 69,986.992/21/2023 DISPOSITIONS Maturity FFCB Note 400,000.00 1.00000 400,000.00 - (400,000.00)2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2020-A A3 4,761.51 1.00000 4,761.51 18.28 (4,779.79) 2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2022-B A3 - - - 358.42 (358.42) 2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2022-C A3 - - - 933.17 (933.17) 2/15/2023 DISPOSITIONS Paydown Mercedes-Benz Auto Receivables 2022-1 A2 - - - 1,008.17 (1,008.17) 2/15/2023 DISPOSITIONS Paydown Toyota Auto Receivables Trust 2021-D A3 - - - 47.33 (47.33)2/15/2023 DISPOSITIONS Paydown Mercedes-Benz Auto Lease Trust 2021-B A3 2,766.39 1.00000 2,766.39 43.33 (2,809.72) 2/15/2023 DISPOSITIONS Paydown Mercedes-Benz Auto Receivable 2023-1 A3 - - - 263.08 (263.08) 2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2022-A A3 - - - 212.67 (212.67) 2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2021-A A3 5,216.35 1.00000 5,216.35 20.69 (5,237.04) 2/15/2023 DISPOSITIONS Paydown Nissan Auto Receivables Owner 2019-C A3 5,114.75 1.00000 5,114.75 22.22 (5,136.97) 2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2020-B A3 3,320.47 1.00000 3,320.47 7.15 (3,327.62) 2/15/2023 DISPOSITIONS Paydown American Express Credit Trust 2022-2 A - - - 678.00 (678.00) 2/15/2023 DISPOSITIONS Paydown Toyota Auto Receivables 2020-D A3 4,327.02 1.00000 4,327.02 11.20 (4,338.22) 2/15/2023 DISPOSITIONS Paydown Toyota Auto Receivable Own 2020-A A3 10,783.14 1.00000 10,783.14 57.82 (10,840.96) 2/15/2023 DISPOSITIONS Paydown Honda Auto Receivables Trust 2022-1 A3 - - - 219.33 (219.33) 2/15/2023 DISPOSITIONS Paydown John Deere Owner Trust 2021-B A3 - - - 47.67 (47.67)2/21/2023 DISPOSITIONS Paydown Verizon Owner Trust 2020-B A 12,152.55 1.00000 12,152.55 28.88 (12,181.43) 2/21/2023 DISPOSITIONS Paydown Honda Auto Receivables Trust 2021-4 A3 - - - 66.00 (66.00)2/21/2023 DISPOSITIONS Paydown Honda Auto Receivables Trust 2021-1 A3 5,383.97 1.00000 5,383.97 15.33 (5,399.30) 2/21/2023 DISPOSITIONS Paydown Honda Auto Receivables Trust 2020-3 A3 5,489.27 1.00000 5,489.27 16.03 (5,505.30)2/21/2023 DISPOSITIONS Paydown Honda Auto Receivables 2022-2 A3 - - - 279.75 (279.75) 2/21/2023 DISPOSITIONS Paydown Verizon Owner Trust 2019-C A1A 55.92 1.00000 55.92 0.09 (56.01) 2/27/2023 DISPOSITIONS Paydown FHLMC K031 A2 20,267.01 1.00000 20,267.01 975.83 (21,242.84) 2/27/2023 DISPOSITIONS Paydown FHLMC K034 A2 15,807.02 1.00000 15,807.02 1,168.98 (16,976.00) 2/27/2023 DISPOSITIONS Paydown BMW Vehicle Lease Trust 2021-2 A3 6,907.87 1.00000 6,907.87 19.47 (6,927.34) 2/27/2023 DISPOSITIONS Paydown BMW Vehicle Lease Trust 2022-1 A3 - - - 77.92 (77.92) 2/27/2023 DISPOSITIONS Paydown FHLMC K032 A2 18,328.33 1.00000 18,328.33 951.50 (19,279.83) 2/14/2023 DISPOSITIONS Sale US Treasury Note 50,000.00 0.99293 49,646.48 41.90 (49,688.38) 2/15/2023 DISPOSITIONS Sale First American Govt Obligation Fund Class Y 39,999.05 1.00000 39,999.05 - (39,999.05) 2/15/2023 DISPOSITIONS Sale First American Govt Obligation Fund Class Y 408,972.00 1.00000 408,972.00 - (408,972.00)2/16/2023 DISPOSITIONS Sale US Treasury Note 75,000.00 0.99305 74,478.52 63.87 (74,542.39) 2/21/2023 DISPOSITIONS Sale First American Govt Obligation Fund Class Y 475,547.66 1.00000 475,547.66 - (475,547.66)2/23/2023 DISPOSITIONS Sale US Treasury Note 25,000.00 0.99383 24,845.70 22.49 (24,868.19) 2/24/2023 DISPOSITIONS Sale First American Govt Obligation Fund Class Y 69,986.99 1.00000 69,986.99 - (69,986.99) 2/7/2023 DISPOSITIONS Security Withdrawal First American Govt Obligation Fund Class Y 2,480.28 1.00000 2,480.28 - (2,480.28) 2/27/2023 DISPOSITIONS Security Withdrawal First American Govt Obligation Fund Class Y 245.48 1.00000 245.48 - (245.48) 2/1/2023 Other Transactions Dividend First American Govt Obligation Fund Class Y 405,754.20 0.00206 836.09 - 836.09 2/6/2023 Other Transactions Interest State Street Bank Callable Note Cont 2/6/2025 90,000.00 0.00873 785.70 - 785.70 2/6/2023 Other Transactions Interest Microsoft Callable Note Cont 12/6/2023 265,000.00 0.01438 3,809.38 - 3,809.38 2/9/2023 Other Transactions Interest Paccar Financial Corp Note 130,000.00 0.00250 325.00 - 325.00 2/9/2023 Other Transactions Interest Apple Inc Callable Note Cont 11/9/2026 400,000.00 0.01675 6,700.00 - 6,700.00 2/15/2023 Other Transactions Interest US Treasury Note 700,000.00 0.00063 437.50 - 437.50 2/15/2023 Other Transactions Interest US Treasury Note 650,000.00 0.00188 1,218.75 - 1,218.75 Transaction
Date Tran Category
Tran Type
Description Security Description Quantity Price Principal Interest Total Amount City of Pico Rivera Portfolio
Chandler Investment Transactions
February 2023
2/16/2023 Other Transactions Interest Bank of NY Mellon Corp Callable Note Cont 6/16/20 275,000.00 0.01100 3,025.00 - 3,025.00 2/21/2023 Other Transactions Interest FFCB Note 400,000.00 0.00725 2,900.00 - 2,900.00 2/24/2023 Other Transactions Interest FHLMC Note 400,000.00 0.00125 500.00 - 500.00 Changes of Market Values and Accrued Interests (224,962.78)Net Investment Transactions $ (186,613.70)Beginning Balance as of 1/31/2023 31,070,422.48Ending Balance as of 2/28/2023 $ 30,883,808.78 A Regular Meeting of the Water Authority was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Meeting was jointly held with the City Council and Water Authority. Items appear as listed on the combined agenda for the meeting of January 24, 2023.
Authority President Lutz called the meeting to order at 6:01 p.m.
PRESENT: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
PUBLIC COMMENTS: None
PUBLIC HEARING: None
CONSENT CALENDAR:
Water Authority:
13. Minutes:
• Approved Water Authority meeting of December 13, 2022
14. Approved Amendment No. 3 to Professional Services Agreement with AKM Consulting Engineers. (500)
1. Approved an amendment to AKM’s Consulting Engineer’s professional services agreement in a not-to-exceed amount of $18,240.
Agreement No. 21-53-3
Motion by Commissioner Dr. Sanchez, seconded by Vice Chair Lara to approve Consent Calendar Item Nos. 13 and 14. Motion carries by the following roll call vote:
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:
Tuesday, January 24, 2023
11 1-24-23 Water Minutes
President Dr. Sanchez adjourned the Water Authority meeting at 9:57 p.m. in memory of Elion de Jesus Perez, John Gonzalez, and the recent shooting victims of Monterey Park.
There being no objection it was so ordered.
AYES: Camacho, Garcia, Lara, Sanchez, Lutz
ABSENT: None
________________________________
Erik Lutz, President
ATTEST:
________________________________
Anna M. Jerome, Authority Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Water Authority regular meeting dated January 24, 2023 and received and filed by the Water Authority on March 28, 2023.
_______________________________
Anna M. Jerome, Authority Secretary
To:
From:
Meeting Date:
Subject:
President and Commissioners
Executive Director
MARCH 28, 2023
APPROVE PURCHASE OF LARGE WATER METERS
FROM FERGUSON WATERWORKS
Recommendation:
1. Authorize the Executive Director to approve the purchase of large water meters from Ferguson Waterworks, Inc. (dba Ferguson Enterprises, Inc.) for the conversion to Automated Meter Infrastructure (AMI) Project.
Fiscal Impact:
The fiscal year (FY) 2022-23 Adopted Budget includes $215,000 for the Water Meters Replacement Program under Account No. 550.40.4920-53305 (Water Meter Maintenance and Repair). Total purchase amount is $107,192. Sufficient funds are available in the Water Authority Funds and no additional funding is required.
Discussion:
The Pico Rivera Water Authority (PRWA) Meter Replacement Program includes large meters which range in size from 3” inches to 10” inches, for a total of twenty-five (25).
Existing PRWA large meter inventory consists of Master Meter Octave meters which are not compatible with the new Automated Meter Infrastructure (AMI) being deployed by PRWA and Neptune Technology. The AMI system requires Neptune Mach 10 Ultrasonic meters that are fully compatible with the Neptune 360 software. This will ensure continued accuracy and performance, allowing for minimum maintenance and the capability to replace the Unitized Measuring Element (UME) without replacing the entire meter body.
In addition, a direct connectivity to the receivers and collector units installed by Neptune Technology for the AMI Network will be established. The cost to purchase the large meters is $107,192.
Ferguson Waterworks is the sole local distributor of Neptune water meters and appurtenances. Staff recommends procurement of materials and equipment in accordance with Section 3.20.030(B) of the Pico Rivera Municipal Code (Sole Source Purchasing), due to the local availability from this source. 12 PICO RIVERA WATER AUTHORITY AGENDA REPORT – MEETING OF MARCH 28, 2023
APPROVE PURCHASE OF LARGE WATER METERS FROM FERGUSON
ENTERPRISES INC.
Conclusion:
Staff recommends the purchase of all large water meter equipment to continue implementing the AMI project from Ferguson Waterworks in the amount of $107,192 in accordance with Pico Rivera Municipal Code Section 3.20.030(B). The work associated with this project will reduce unaccounted water, improve billing accuracy, and facilitate meter reading within PRWA system.
Steve Carmona
SC:NN:AR:np
Enclosure: 1) Sole Source Letter
Enclosure 1
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COUNCIL
MEETING
DATE
COUNCIL MEMBER REQUEST DETAIL DIRECTOR(S)
ACTION TAKEN: Memo; Staff
Report; Closed Session;
Presentation; Follow-up
Meeting; City Manager
Reports; Informal Action
DISCUSSION
ITEM
ACTION
ITEM DATE
STATUS:
Complete;
Pending;
On-going;
In-Progress
8/10/2021 Lutz/Lara Shopping Cart Ordinance Review ordinance A. Betancourt Discussion 2/22/2022 8/24/2021 Pending 6/28/2022 Lara/Camacho
Battery Storage Funds Set aside $50,000 for Battery
Storage for non-profits. S. Carmona
Pending
10/11/2022 Lara/Camacho NASA Contract Discuss third party vendors Present at next City Council meeting 10/25
1/24/2023 Complete
1/24/2023 Lara/Garcia Safe Pathways to School Discuss with ERUSD Boardmembers
Ad Hoc Committee
2/14/2023 Lutz/Lara City Identifying Markers Take to City Council N. Negrete 2/14/2023 Garcia/Sanchez Appointment of Public Safety Coordinator Take to City Council Authorized the City Manager to establish a pilot program
2/28/2023
2/14/2023 Garcia/Sanchez Ordinance Prohibiting Street Takeovers Take to City Council 2/14/2023 2/14/2023 Garcia/Sanchez Establishing Safe Spaces for kids Take to City Council P. Yugar 2/14/2023 2/28/2023 Lutz/Sanchez Feasability Study Marine Corps Property Ad Hoc Committee 2/28/2023 3/14/2023 Lutz/Garcia Monument Marker Upgrade Passons and Washington Bl N. Negrete
GOOD OF THE ORDER