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Agenda packet

Montebello City Council
May 11, 2022

Document
Agenda packet
Meeting
May 11, 2022
Body
Montebello City Council
Pages
9
Original file
23.3 MB
Text extracted from the city's file for reading and search. Open the original on montebelloca.api.civicclerk.com. That file is the official record.

If the description of work presented herein is agreeable, please Cummings Curley and Associates with a formal Agreement for signature.

Offered by,
CUMMINGS CURLEY AND ASSOCIATES, INC.

Robert L. Curley
President
Landscape Architect
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California 3583 • Arizona 30100 • Nevada 578 • Utah 377204 • Colorado 1559 • Texas 3337 • Washington 1069 • CLARB 913

March 17, 2022

City of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640

RE: Amendment #3 – Lake Design – New Lake, Existing Lake Improvements and Expanded Lake

Dear Mr. Enriquez,

Attached is Additional Work Proposal for design of the lakes on the Montebello Golf Course. The services include designing one new lake, enhancing one existing lake, and expanding one other existing lake. This fee includes full construction documents, details and specifications.

This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from PACE. Total additional fee is $28,000. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $28,000 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #3, Lake Design – Existing, Improved and New Lakes - $29,400.00.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,

Michael Angus
SportFive

Revised March 16, 2022
(Revised March 14, 2022)
(March 3, 2022)
Michael Angus
Director, Golf Course Design & Development
Sportfive
7077 E. Marilyn Road, Suite 140
Scottsdale, AZ 85254
(480) 688-4047
Re: Lake System Design for City of Montebello Golf Courses Revised Professional Engineering Services Proposal # B960 Mr. Angus,
PACE is pleased to provide our revised proposal for engineering services for the Lake System Design for City of Montebello Golf Courses project. Attached are our Scope of Services, Compensation, Hourly Rate Schedule and Provisions.

We appreciate the opportunity to be of service to Sportfive and look forward to the successful completion of the lake system design. Please contact me if there are any questions or if we may provide any additional information.

Sincerely,
Zirang Song, PE
Vice President - Recreational Water Division
ZS/CH
Enclosures: Scope of Services, Compensation, Hourly Rate Schedule and Provisions.

\\pacefs01_vm\rwprojects\B960\3-Contracts - Proposals\1. Proposal\2022-03-14_RPRO Lake System Design\1. MAngus Cov Ltr 3- 14-22.doc

PROPOSAL FOR PROFESSIONAL ENGINEERING SERVICES

LAKE SYSTEM DESIGN FOR CITY OF MONTEBELLO GOLF COURSES
#B960
OBJECTIVE:

This proposal includes design services for the following lake features in City of Montebello golf courses:
(1) Existing Lake (Lake A) at Hole 9 near the clubhouse: It is assumed a new aeration system and a new floating fountain for this existing lake will be required. No other design changes are included in the design scope.
(1) New lake (Lake B) at Hole 2, approximately 31,000 sq. ft.: This new lake will have an eroded concrete shoreline, RPE liner, lake overflow box with an outlet pipe, lake aeration system, and a floating fountain with LED lights.
(1) Expanded lake (Lake C) at short course, approximately 20,000 sq. ft new lake and 40,000 sq. ft. of existing lake: The existing lake is 25 years old. It is assumed the existing lake is lined with a type of geomembrane liner and it is reaching to the end of useful life (Typical geomembrane liners will have 30 years to 35 years of life). The entire lake including the existing portion will have a new RPE liner and new eroded concrete shorelines, new aeration equipment and two (2) new floating fountains with LED lights.

Also, a new foot bridge is proposed at B4 so the existing lake width will be reduced at both sides of the foot bridge. This proposal included the 10’ to 15’ long foot bridge design.

There will not be water recirculation systems for any of the lakes. No pumping equipment or vault design is included in this design scope. The lake aeration equipment and floating fountain electrical power and control boxes will be located along lake shoreline or other designated spaces to be provided by client.

The storm drain pipeline from the lake overflow box to a storm drain facility is not included in the design.

We will coordinate the outlet pipe size and invert, and stop the pipe at 5 feet from the overflow box.

Electrical power supply and control design for all new aeration equipment and floating fountains is not included in the proposal. Bid phase services, construction phase services, permitting assistance, site visits during construction, project meetings with City and/or other team members during design are not included in the proposal. If any of the above services will be required, a separate scope can be submitted, or additional costs can be billed according to the attached hourly labor rates schedule.

SECTION A - SCOPE OF SERVICES:

A. Consultant agrees to perform the following services:

TASK 01 - Preliminary Design Plans – 50% Level Plans / Layout Perform an initial engineering design plan layout for lake including:
i. Lake finish and materials
ii. Shoreline and lining
iii. Shoreline/edge conditions
iv. Geometry and layout
v. Lake aeration and floating fountain
Review of the geotechnical report including recommendations on soil conditions. Provide preliminary layout and grading. We anticipate working in conjunction with the golf course designer.

Prepare the Preliminary Design Plans of the 50% improvement plan package which includes: (1) title sheet, (2) initial construction notes, (3) overall layout, (4) grading plan with edge condition details, (5) typical lake grading cross-section, (6) aeration piping horizontal plan location and pipe details. The plan and profile of the proposed facility will be prepared on standard sheets and title blocks at a 1”=40’ scale for the design. The plan view will incorporate all of the base sheet data accumulated including digital topography background and project surrounding footprint data.

Deliverable: Electronic digital (pdf and drawing files) of the 50% Improvement Plan Drawings.  Site Layout
 Grading Plan and Boundary/Edge Condition
 Footbridge plan view and section view
 Aeration Piping Horizontal Layout
GC Lakes at City of Montebello Revised March 16, 2022
Scope and Compensation for #B960 Page 2 of 3
 Preliminary Aeration Equipment Layout
 Typical Lake Geometric Grading Cross-Sections
 Lake Engineered Shoreline/Liner Cross-Sections
 Lake Fill Valving
 Preliminary design development details
 Preliminary electrical power requirement
TASK 02 - Final Engineering Design-100% Construction Drawings Revisions to the 50% design submittals based on the review comments will be provided to generate the 100% plans for the lake and pump station improvements. Additional detailed information will be added to the improvement plans reflecting the 100% plan level as well as expanded construction notes and other information. These plans will incorporate the additional detailed information and adjustments in the proposed facilities. The necessary information will be added to ensure the design plans are consistent with the proposed contract bid items in the detailed specifications.

Deliverables: Electronic digital (pdf and CAD drawing files) of the 100% improvement plan drawings.

TASK 03 – Engineering Specifications
Prepare lake construction specifications corresponding to the lake portion of the Construction Specifications and Contract Documents suitable for bidding based on the list of different construction items generated at the particular design phase. The Client shall provide the consultant with (1) “boilerplate” standard specifications to verify the typical format before developing the specifications.

Deliverables: Electronic digital (pdf and excel) of the Specifications at the final design phase submittal.

SECTION B - COMPENSATION:

PACE will complete the work outlined herein and invoice Client monthly on a percentage of completion basis a lump sum amount of $28,000.

Task Description Professional Fee
01 Preliminary Design Plans – 50% Level Plans / Layout $14,000 02 Final Engineering Design -100% Construction Drawings $11,000 03 Engineering Specifications $ 3,000
Total $ 28,000
TOTAL LUMP SUM AMOUNT: $ 28,000
GC Lakes at City of Montebello Revised March 16, 2022
Scope and Compensation for #B960 Page 3 of 3
ASSUMPTIONS AND EXCLUSIONS:

1. The Client’s responsibilities shall include providing PACE with the base data and project information in a timely manner, coordination and management of other team consultants to assure that the project schedule can be met, and prompt payment of invoices in accordance with the terms and conditions included herein. The specific items that are to be provided by the Client or other consultants include the following:
a. Client input pertaining to project design issues and requirements including scheduling. b. Site land-use base plans with existing and proposed elevation contours in transferable computer format.
c. Geologic and soils investigation reports.
d. Existing and proposed hydrologic and drainage data, maps, and reports. e. Any other data that directly impacts PACE ability to perform the design in an efficient and economic manner.

2. Any proposed project changes which affect work in progress or previously completed will be justification for additional compensation.

3. All required aerial topography and base mapping will be paid for and supplied by Client, or others.

Base topo and site information will be provided in digital (electronic) format compatible with AUTOCAD or C3D version 2019 or earlier.

4. No environmental documentation or support, including no environmental permitting.

5. No surveying or construction staking is included.

6. No architectural, landscape architectural or structural engineering design is included.

7. Local government approval meetings, hearings, etc., and preparation of presentation graphics will be under separate work authorization, if required.

8. Existing utility information research and mapping is not included and will be provided by Client.

9. For all the data delivered to PACE for the purpose of digital mapping, including but not limited to GIS and AutoCAD, PACE requires said data be delivered in one of the recognized standard coordinate systems such as the Stateplane Coordinate System or the Universe Transverse Mercator (UTM). In addition, PACE requires all datums, vertical and horizontal, be documented in a metadata sheet and be included along with the delivered data. If the coordinate system is in what is often referred to as a “Local Coordinate System,” and the deliverer does not have the capability to convert data into one of the recognized standard coordinate systems, PACE requires a Control Conversion document (CCD) be included in the deliverable. The CCD will include all the necessary coordinate transformation information and scale factors needed to make an accurate translation of the data to PACE’s acceptable coordinate systems. If this information is not available, PACE will require an addendum to this proposal to include Time and Materials used to translate the delivered data into the appropriate standard coordinate system.

10. The fees proposed herein shall apply until one year from date of proposal. Due to ever-changing costs, Consultant will increase those portions of the contract fee for which work must still be completed after one year from date of proposal, as negotiated with the Client up to a maximum of ten-percent (10%).

2022 HOURLY LABOR RATES
Principal $265
Sr. Project Manager / Sr. Consulting Engineer $235
Sr. Electrical Engineer / Sr. GIS Analyst $225
Project Manager / Consulting Engineer / Sr. I&C Specialist $220 Sr. Project Engineer / Sr. Design Engineer $200
Instrumentation & Controls Specialist $165
Project Engineer / Design Engineer II $170
Sr. CAD Designer $150
Design Engineer $135
Graphic Designer $115
CAD Designer / GIS Analyst $115
Project Coordinator $95
Administrative Support $90
Assistant Designer $80
G.P.S. Survey Unit (w/ Operator) $250
Expert Witness / Legal Consultation $350 + Exp.

REIMBURSABLE EXPENSE RATES*
Units Cost
Travel
Mileage (Per Mile) Mile $0.59
Airfare, Auto Rental, Hotel At Cost
Misc. Travel (Parking, tax, tolls, meals, etc.) At Cost Per Diem (Contract Rate) DAY Contract Rate

Outside Reproduction At Cost

Shipping (FedEx, UPS, Courier, etc.) At Cost

Misc. (Review Fees, Specific Charges) At Cost

Reproduction (In-House)
Sheet Bond - B/W Prints and Copies – All sizes SF $0.16 (8 ½ x 11 to 12 x18)

Sheet - Color Prints and Copies – All sizes SF $1.20

Sheet - Glossy Color Print/Photo – All sizes SF $2.60

Roll - Plots and Copies (Roll Paper)
- Bond (B/W) SF $0.88
- Bond (Color) SF $1.56

Roll - Vellum or Mylar Plots SF $2.60

Roll - Glossy Color Plot Exhibits (Roll Paper) SF $3.12

Report 3-Ring Binders
< 1.5” EA $10.40

1.5” to 3” EA $15.60
> 3” EA $26.00
Coil or GBC Punch Binding EA $1.04
*Note: All reimbursable expenses will be invoiced at the above rates + 10%

AGREEMENT BETWEEN CLIENT AND CONSULTANT
AGREEMENT ENTERED INTO AT Fountain Valley, CA made this 16 th day of March 2022, by and between Sportfive hereinafter called “Client,” and Pacific Advanced Civil Engineering, Inc. (PACE) , a California corporation, herein called “Consultant.”
Client and Consultant agree as follows:

A. Client retains Consultant to perform services for:

Lake System Design for City of Montebello Golf Courses
hereinafter called “Project.”
B. Consultant agrees to perform the following scope of services:
(See attached Scope of Services – Section “A” for a detailed description) C. Client agrees to compensate Consultant for such services as follows:

Fee
(See attached Compensation Page – Section “B” for a detailed description) D. This Agreement is subject to Provisions of Agreement 1 through 28 attached herewith, and the terms and conditions contained in initialed exhibits attached herewith and made a part hereof.

IN WITNESS WHEREOF, the parties hereby execute this agreement upon the terms and conditions stated above and on the day and year indicated above.

Pacific Advanced Civil Engineering, Inc. (PACE) CLIENT: Sportfive By: By:

Name: Zirang Song, PE Name:

Title: Vice President - Recreational Water Division Title:

Job #: B960 Date:

GENERAL PROVISIONS ATTACHED TO THAT CERTAIN

AGREEMENT BETWEEN CLIENT AND CONSULTANT
DATED March 16, 2022 (collectively, the “Agreement”)
Pacific Advanced Civil Engineering, Inc. (PACE) shall be hereinafter referred to as “CONSULTANT” and Sportfive will be hereinafter referred to as “CLIENT” with respect to the “PROJECT” known as “Lake System Design for City of Montebello Golf Courses”.

GENERAL

1. In the performance of the services under the Agreement, CONSULTANT shall at all times be an independent cont ractor, contracting services to CLIENT solely pursuant to the Agreement, and CONSULTANT is not, nor shall CONSULTANT represent CONSULTANT to be at any time, an agent or employee of CLIENT except as expressly set forth in the Agreement.

2. CLIENT agrees to cooperate in any and every way or manner with CONSULTANT on the PROJECT.

3. In addition to the printed provisions, the drawings a nd specifications shall become the property of CLIENT at completion of construction of the PROJECT. The CLIENT shall not reuse project desig n, drawings, and specifications without written cons ent of CONSULTANT.

CONSULTANT will provide reproducible transparencies of the final PROJECT plans to CLIENT at completion of con struction of the PROJECT. CONSULTANT, however, does not assume any prof essional responsibility or liability for use of the final plans and/or the drawings or specifications at any location other than this particular PROJECT site. CLIENT will defend, i ndemnify and hold CONSULTANT harmless from any errors and/or omissions arisi ng out of the use of the final plans and/or the drawi ngs and specifications at any other location.

4. All agreements on CONSULTANT’S part are contingent up on and subject to, the fact that CONSULTANT shall no t be responsible for damages, or be in default or be deemed to be in def ault, by reason of delays in performance by reason of strike, lockouts, accidents, acts of God and other delays unavoidable or beyond CONSULT ANT’S reasonable control or due to shortages or unavailab ility of labor at established area wage rates or delays caused by failure of CLIENT or CLIENT’S agents to furnish information or to approve or disapprove CONSULTANT’S work promptly, or due to late or slow, or fa ulty performance by CLIENT or Client’s consultants or contractors, or by governmental agencies. In the case of the happenin g of any such cause of delay, the time of completio n of CLIENT’S work under the Agreement shall be extended accordingly.

5. In the event that all of the obligations of CONSULTAN T or CLIENT, respectively, required to be performed unde r the Agreement have not been performed as agreed for any reason other than a d efault by other party hereto, the non-defaulting par ty shall have the right, upon giving 30 calendar days prior written notice to the other party hereto, to terminate the Agreement and CON SULTANT shall be paid to the date of termination for all services rendered and cost i ncurred hereunder.

6. CONSULTANT makes no warranty, either expressed or implied, as to CONSULTANT’S findings, recommendations, specifications or professional advice except that these were promulgated after being prepared in accordance with generally accepted Civil Engineer practices and under the direction of a Civil Engineer and/or a professional staff.

7. CONSULTANT makes no representations concerning soil co nditions unless specifically included in writing in the Agreement and CLIENT is not responsible for any liability that may arise ou t of the making, or any failure to make, soil surveys or subsurface soil tests or general soil testing.

8. CONSULTANT makes no representation concerning construc tion cost figures estimated in connection with maps, plans, specifications or drawings other than that all cost figures are estimate s only.

9. In consideration of CONSULTANT’S fee for services, CLIENT agrees that, unless otherwise specified, CONSULTANT will perform no on site construction review for this PROJECT, unless specifically included in writing in this Agreement, that such services will be provided by others and that CLIENT shall defend, indemnify and hold CONSULTANT harmless from any and all liability, real or alleged, that might be occasioned by others performing construction review for this PROJECT.

10. CLIENT agrees that in accordance with generally accept ed construction practices, the construction contractor will be required to assume sole and complete responsibility for the PROJECT site, including safety of all persons and property; that this requirement shall be made to apply continuously and not be limited to normal work ing hours and CLIENT further agrees to defend, indemni fy and hold CONSULTANT harmless from any and all liability, real or alleged, i n connection with the performance of work of this PRO JECT, except liability arising from the sole negligence of CONSULTANT.

11. Notwithstanding anything else to the contrary contai ned herein or in the Agreement, CLIENT agrees to limi t CONSULTANT’S exposure to liability and damages to CLIENT and to all contracto rs and subcontractors on the PROJECT, due to professiona l negligent acts, errors or omissions of CONSULTANT, to the lesser of the limits of CONSULTANT’S errors and omissions and general liabi lity insurance policies, or the fee paid to CONSULTANT for the performance of the services under the Agreement. IN NO EVENT WILL CONSULTAN T BE

LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS, OR OTHER DAMAGES ARISING

OUT OF THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES UNDE R THE AGREEMENT, EVEN IF CONSULTANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THIS SECTION WI LL SURVIVE THE TERMINATION OF THE AGREEMENT.

12. Upon written request, each of the parties hereto shall execute and deliver, or cause to be executed and d elivered, such additional instruments and documents which may be necessary and proper to carry out the terms of the Agreement.

13. The terms and provisions of the Agreement shall not be construed to alter, waive or affect any lien or stop n otice rights, which CONSULTANT may have for the performance of services under the Agreement.

14. No conditions or representations, altering, detractin g from or adding to the terms of the Agreement or hereof shall be valid unless printed or written hereon or evidenced in writing by either party to the Agreement and accepted in writing by the othe r party hereto.

15. One or more waivers of any term, condition or covenant by CONSULTANT shall only be effective if in writing an d shall not be construed as a waiver of any subsequent breach of the same or any other term, condition or covenant.

16. In the event any provision of the Agreement shall be h eld to be invalid and unenforceable, the other provisi ons of the Agreement shall be valid and binding on the parties hereto.

17. Should litigation be necessary to enforce any term or p rovision of the Agreement, or to collect any portion of the amount payable under the Agreement, then all litigation and collection e xpenses, witness fees and court costs and attorneys’ fees shall be paid to the prevailing party.

18. The Agreement binds CONSULTANT and CLIENT and their successors and permitted assigns. Neither party heret o shall assignor transfer, whether by operation of law or otherwise, all or any portion of such party’s interest, rights or ob ligations in the Agreement without the prior written consent of the other party hereto.

19. The Agreement and the documents, drawings, plans and s pecifications referred to therein, and these General Provisions, constitute the entire agreement of the parties hereto with respect to the matters set forth therein and herein and are the final, complete and exclusive expression of the terms and conditions thereof. All pr ior or contemporaneous agreements, representations, neg otiations and understandings of the parties hereto, oral or written , express or implied, are hereby superseded and merged herein.

20. The Agreement shall be construed and enforced in acc ordance with the laws of the State of California. Eac h Party hereby irrevocably consents that all proceedings arising in connection with the Agreement shall be tried and litigated exclu sively in the State and Federal courts located in the County of Orange, State of Cal ifornia. The aforementioned choice of venue is inten ded by the parties to be mandatory and not permissive in nature, thereby precludi ng the possibility of litigation between the parties with respect to, or arising out of, the Agreement in any jurisdiction other than that specified in this Section.

21. All notices, demands or other communications given here under shall be in writing and shall be delivered pers onally, by facsimile or electronic mail transmission, or by United States cert ified or registered mail, return receipt requested, pos tage prepaid, addressed to the address for such party set forth in the Agreement. All no tices shall be deemed given upon the earliest of rec eipt, confirmed facsimile or electronic mail transmission, or three 3 calendar day s after deposit in the United States mail.

22. In the event of any conflict or inconsistency betwee n the provisions of these General Provisions and the p rovisions of the Agreement, the provisions of these General Provisions shall control.

PAYMENT

23. CONSULTANT shall present all invoices to CLIENT prior t o the last day of each calendar month based upon pe rcentage of completion, per the fee set forth in the Agreement. Invoices shall be due and payable when delivered. Payment is to be made at 17520 Newhope Street, Suite 200, Fountain Valley, CA 92708.

24. CLIENT shall promptly review invoices and notify CONS ULTANT of any objection thereto; absent such objectio n in writing within 10 calendar days of the date of the invoice, the invoi ce shall be deemed proper and acceptable and immedia tely payable in full.

25. If the undisputed amount of any invoice is not paid within 30 calendar days of the date of the invoice, such undisputed amount shall commence bearing interest from the date of the invoice at the rate of 1.5% per month or the maximum rate all owed by law, whichever is greater, and CLIENT agrees to pay all accrued interest thereon, together with the undisputed amounts set forth in such invoice.

26. In the event that any undisputed amount of any invo ice is not paid in full within 60 calendar days fol lowing the date of the invoice, such failure shall constitute a material breach of the Ag reement and CONSULTANT may exercise all rights and re medies CONSULTANT may have at law, in equity or under the Agreement with res pect to such material breach including, without limit ation, termination of the Agreement following 10 calendar days’ written notice of such material breach to CLIENT and CLIENT’S failure to cure such breach within such 10-day period.

27. CLIENT shall pay, in addition to the stated fee, the cost of all reimbursable items such as fees, permits, bond premiums, title company charges, delivery charges, blueprints, and reproductions and all other charges and expenses not specifically covered by the terms of the Agreement. In the event such reimbursable items are pai d directly by CONSULTANT, then such charges and expe nses shall be invoiced at CONSULTANT’S direct cost plus 10% for handling.

28. Any additional services not covered in the Scope of Work of the Agreement, which CLIENT requests CONSULTANT to perform, such as site reconnaissance and inspections during construction, additional visits out of town or to other places of business, will be requested in writing and will be invoiced on a time and material basis based on CONSULTANT’S then current schedule of fees and costs.

Hourly Rate
$265
$235
$225
$220
$200
Instrumentation & Controls Specialist $165
ENGINEERING FEE ESTIMATE $170
PROJECT WORKSHEET $150
Design Engineer $135
Project Data CAD Designer/GIS Analyst $115
Project Name: GC Lakes at City of Montebello Graphic Designer $115 Client: Sportfive Project Coordinator $95
PACE Job Number: B960 Administrative Support $90
Estimate Date: March 16, 2022 Assistant Designer $80
G.P.S. Survey Unit (w/Operator) $250 Total Fee: $28,000 Expert Witness/Legal Consultation $350 + Exp.
01 Preliminary Design Plans – 50% Level Plans / Layout 10 18 60 2 $14,000 $14,000 02 Final Engineering Design -100% Construction Drawings 8 8 56 $11,040 $11,000 03 Engineering Specifications 2 10 8 $2,990 $3,000
20 0 0 0 0 36 116 10 $28,030 $28,000
Work Item Description Principal
Project
Engineer
/Design
Engr. II
2022 PACE Hourly Rate Schedule
Description
Principal
Sr. Electrical Engineer / Sr. GIS Analyst
Project Manager /Consulting Engr./Sr. I&C Specialist
Sr. Proj. Engr./Sr. Design Engr.

Proj. Engr/Design Engineer II
Sr. CAD Designer
Sr. Proj. Mgr./Sr. Consulting Engr.

Sr. Electrical
Engineer/Sr.

GIS Analyst
Estimated Manhours
Project Mgr./
Consulting
Engr./
Sr. I&C
Specialist
Sr. CAD
Designer
Project
Coordinator
TOTALS
Sr. Project
Manager/Sr.

Consulting Engr.

Contract
Fee Amount
UsedItem No.

Sr. Project
Engineer/Sr.

Design Engr.

Man-Power
Subtotal

April 28, 2022

City of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640

RE: Amendment #5 – Electrical Engineering Services – Golf Course Items

Dear Mr. Enriquez,

Attached is Additional Work Proposal for Electrical Engineering Services for the Montebello Golf Course Project. The services and fee includes:

Electrical for the Three (3) On-Course Lakes
Electrical for the Golf Irrigation System (Heads and Controllers, not existing Pump Station) Electrical for the 6-Hole Short Course Lighting
Electrical for the Event Gazebo
Electrical for the Stub-Out for Potential Future 6-Hole Short Course Starter

This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from Douglas Fredrikson Architects, Inc. Total additional fee is $8,500.

Detailed information and a summary of projected hours and hourly rates is included. In addition to the $8,500 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #5, Electrical Engineering Services - $8,925.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,

Michael Angus / SportFive

May 2, 2022

City of Montebello
Mr. James Enriquez, P.E.

Director / City Engineering
1600 W. Beverly Blvd.

Montebello, CA 90640

RE: Amendment #6 – Lake Design Changes to Incorporate a New Irrigation Pump Station

Dear Mr. Enriquez,

Attached is Additional Work Proposal for Lake Design Changes to Incorporate a New Irrigation Pump Station for the Montebello Golf Course Project. The services and fee includes:

Design coordination on Lake Point of Connections and Lake Design Invert Elevations Design coordination for a new Intake Pipe
Design coordination for a new Intake Screen
Design coordination for new Wetwell

This is for additional design and coordination services outside of the existing SportFive Agreement with the City of Montebello.

The attached proposal is from PACE, Inc. Total additional fee is $3,500. Detailed information and a summary of projected hours and hourly rates is included. In addition to the $3,500 fee, SportFive will add an additional five (5%) percent for coordination and management.

Total Fee for Amendment #6, Lake Design Changes - $3,675.

If you have any questions, or require further information, please feel free to contact me any time.

Sincerely,

Michael Angus / SportFive

AUTHORIZATION FOR CHANGE ORDER

TO: Sportfive ATTN: Michael Angus
7077 E. Marilyn Road DATE: April 28, 2022
Suite 140 PROJECT: City of Montebello GC Lakes #B960
Scottsdale, AZ 85254 C.O. AUTHORIZATION #: 01

The following design changes were not included in the original contract and our original design budget was exceeded. We are requesting authorization for additional budget.

Task 04 – Entry Lake Irrigation Pump Station Wet Well Intake Pipe $3,500

1. Coordinate with the design team for the entry lake irrigation pump station intake pipe for pipe size, pipe layout, Point of Connection (POC), pipe invert and lake penetration.

2. Revise the entry lake plan to show the intake pipe to a proposed irrigation pump station wet well.

The irrigation pump station and wet well design shall be by others.

3. Intake pipe plan and profile from the intake screen to the Point of Connection.

4. Add intake pipe with liner seal and intake screen installation details on lake plans.

5. Add pipe and intake screen specifications.

6. Re-submit the updated lake plans.

The Additional Amount of Compensation:

This Request - Change Order # 01: $3,500

Estimated By: ______________________________ 04-28-2022 Zirang Song, PE - PACE Date

AGREED TO AND ACCEPTED BY:

By_____________________________________ ___________
Sportfive Date

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Michael Solorza, Director of Finance
James Enriquez, Director of Public Works / City Engineer S
UBJECT: Amend the Fiscal Year 2021-22 Capital Improvement Program Budget for Various Projects
D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) A
mend the Fiscal Year 2021- 22 Capital Improvement Program Budget in the Amounts and for the Projects/Accounts Detailed on Attachment A; and 2) T
ake such additional, related, action that may be desirable.

FI

SCAL IMPACT
T
he adopted Capital Improvement Program ( CIP) budget for Fiscal Year 2021-22 is $12,901,417 and utilizes funding from Gas Tax, Local Return Funds (i.e., Proposition C, Measure R, etc.), Measure W (Los Angeles County stormwater fee), Road Maintenance and Rehabilitation Account (RMRA/SB1), and Federal and State grants (i.e., CDBG, HSIPL, etc.).

T
he budget amounts included in the FY 2021- 22 CIP represent ed either new funding necessary to begin a project or to continue a previously approved project. However, most of the projects that are part of the FY 2021-22 CIP budget are continued from prior years, as typically design, engineering , and construction span more than one fiscal year depending on the project. There are additional funds available in the various special funds that are not part of the $12.901 million committed to the various projects, and which must be appropriated. In other words, an available fund balance exists from funds not being committed to a particular project or, in this case, not carrying over the committed project funds that were previously approved in prior CIP Budgets. 13 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Amend the Fiscal Year 2021-22 Capital Improvement Program Budget for Various Projects

Page 2 of 2 ends

The projects and funding sources summarized in Attachment A represent those projects requiring a budget amendment and lists projects that need to utilize unprogrammed funds due to previously appropriated amounts not being carried over from previous year(s) CIP Budgets. The “YTD Remaining Balance” column on Attachment A represents the appropriations needed for each project. In total, across the various funding sources, the budget increase will be $1,035,553, spread over twenty-one (21) different projects.

As staff works to improve the entire budget process – operating and capital – situations such as this are uncover ed and must be rectified in order to match year-t o- date expenditure amounts with appr oved budgets. The recommended action will “clean-up” those projects where prior year adopted budget amounts were not properly carried over. Furthermore, this recommended action will assist staff in more accur ately budgeting for continuing CIP projects when the FY 2022-23 budget is presented.

BACKGROUND
The Los Angeles County Metropolitan Transportation Authority (Metro) provides Local Return Funds (LRF) to cities in Los Angeles County for various transit, road and str eet uses. These funds are recorded in their separate funds: Measure M, Measure, R, Proposition A, and Proposition C. Montebello utilizes these revenues for transit projects, street rehabilitation, and related road projects. The City also receives State Funding from Gas Tax and SB1 (Road Maintenance and Rehabilitaiton Account) to utilize for road projects and street improvements. These funding sources are the main contributors to the City’s various CIPs and how the CIP Budget is established.

Hence, staff in Public Works and Finance are working together to ensure committed project budgets are carried over as part of the year -end close process. The carry -over amounts are an imperative part of the committed project budgets and assist with accurately determing the fund balance of each funding source. This recommended action, along with an improved year -end carryover process, will help avoid requesting unprogrammed funds to be utilized for existing project expenses and assist with preparing future CIP budgets. Staff plans on preparing a 5-year CIP plan for future consideration by City Council to include all CIP Projects.

SUMMARY
Staff is recommending that the City Council approve amending the Fiscal Year 2021- 22 Capital Imp rovement Program Budget in the amounts and for the Projects/Accounts Detailed on Attachment A.

ATTACHMENT:

A. A
ttachment A – Capital Improvement Projects Budget Amendments

CITY OF MONTEBELLO

ATTACHMENT A

CAPITAL PROJECTS EXPENDITURES BUDGET BY FUNDING SOURCE
FISCAL YEAR 2021-2022 - Budget Amendments
AS OF 3/31/22
CP# PROJECT NAME FUNDING SOURCES FUND GL ACCOUNT # PROJECT # FY 21-22 BUDGET FY21-22 Encumbrance FY21-22 Expense YTD Remaining
Balance
CP 864 Montebello Blvd. ATP - Lincoln to Paramount GENERAL 100 100-30-310-7116 100.397.90 - 262,895.58 234,977.97 (497,874) CP 873 BEVERLY TERRACE (MAPLE TO PARK), Prop A Exchange proceeds GAS TAX 200 200-99-7116 100.408.30 - - 1,401.17 (1,401) CP 873 HAY STREET (GARFIELD TO SLY CITY LIMIT), Prop A Exchange proceeds GAS TAX 200 200-99-7116 100.409.20 - - 1,401.17 (1,401) CP 873 LOS AMIGOS AVENUE (WEIMAR TO LAS FLORES), Prop A Exchange proceeds GAS TAX 200 200-99-7116 100.411.30 - - 1,401.17 (1,401) CP 873 OAKWOOD AVENUE (MONTEBELLO TO SPRUCE), Prop A Exchange proceeds GAS TAX 200 200-99-7116 100.413.30 - - 1,401.17 (1,401) SGV COG Participation, Multiple Funding Sources PROP A 210 210-99-6030 100.240.99 - - 13,595.86 (13,596) CP 864 Montebello Blvd ATP (Lincoln to Paramount), Prop A (Bus Shelter/ PADS & ADA ramps / Sidewalk) PROP A 210 210-99-7116 100.397.70 - 190,025.10 - (190,025) CP 864 Montebello Blvd ATP (Lincoln to Paramount), PROP C PROP C 215 215-99-7116 100.397.30 - 11,806.95 1,020.00 (12,827) CP 858 Arroyo Drive St Improvements - Astra to Rose Glen, Measure R MEASURE R 220 220-99-7116 100.385.10 - - 63,598.57 (63,599) Annual Sidewalk Improvement Program FY21-22 MEASURE R 220 220-99-7116 100.436.20 - - - - CP 873 BEVERLY TERRACE (MAPLE TO PARK), MEASURE R MEASURE R 220 220-99-7116 100.408.10 - - 1,947.97 (1,948) CP 873 HAY STREET (GARFIELD TO SLY CITY LIMIT), MEASURE R MEASURE R 220 220-99-7116 100.409.10 - - 5,635.05 (5,635) CP 872 HOLGER DRIVE (VICTORIA TO FORBES), MEASURE R MEASURE R 220 220-99-7116 100.410.10 - - 25,198.31 (25,198) CP 873 LOS AMIGOS AVENUE (WEIMAR TO LAS FLORES), MEASURE R MEASURE R 220 220-99-7116 100.411.10 - - 15,086.29 (15,086) Montebello Paving the Way, Measure R Measure R (Bond) 220 220-99-7117 100.433.10 873,604.00 - 1,019,931.44 (146,327) CP 873 BEVERLY TERRACE (MAPLE TO PARK), MEASURE M MEASURE M 222 222-99-7116 100.408.20 - - 2,054.29 (2,054) CP 873 OAKWOOD AVENUE (MONTEBELLO TO SPRUCE), MEASURE M MEASURE M 222 222-99-7116 100.413.10 - - 5,859.09 (5,859) CP 881 Various Street Improvement Project MEASURE M 222 222-99-7116 100.881.40 130,000.00 4,652.00 166,499.00 (41,151) CP 873 LOS AMIGOS AVENUE (WEIMAR TO LAS FLORES), TDA ARTICLE 3 TDA ARTICLE 3 223 223-99-7116 100.411.20 - - 1,363.18 (1,363) CP 873 OAKWOOD AVENUE (MONTEBELLO TO SPRUCE), TDA ARTICLE 3 TDA ARTICLE 3 223 223-99-7116 100.413.20 - - 421.49 (421) CP 864 Montebello Blvd ATP (Lincoln to Paramount), ATP Grant ATP GRANT 265 265-3001-2018-097-7116 100.397.50 - 6,984.62 - (6,985) 1,035,553
Increase Appropriations for
each project by the amount in
the "YTD Remaining Balance"
I TEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: David Sosnowski, Director of Recreation and Community Services S
UBJECT: Approval of Exclusive Permissive Use & Licensing Agreement No. 3982 with Samaljon Inc. for Grant Rea Park Batting Cages D
ATE: May 11, 2022
______________________________________________________________________ RECOMMENDATIONS:

I
t is recommended that the City Council:
1) A
pprove a new Exclusive Permissive Use & Licensing Agreement No. 3982 with Samaljon. (“Licensee”); and
2) A
uthorize the City Manager to execute the Agreement on behalf of the City; and 3) T
ake such additional, related, action that may be desirable.

F

ISCAL IMPACT
T
he terms of the updated agreement for a n Exclusive Permissive U se & Licensing Agreement have been simplified to provide guaranteed annual lease revenue to the City, while simplifying the management of the agreement for both the Licensee (Samaljon, Inc.) and City staff. The Licensee shall pay the City a monthly License Fee. The License Fee shall cover the use of the site and operation of the facility seven days a week between the hours of 7:00 a.m. and 9:00 p.m., during the term of the agreement.

T
he Licensee shall pay the City a flat fee in the amount of One Thousand Dollars ($1,000) per month during a “Peak Month” defined as January through July and a flat fee of Three Hundred Dollars ($300) per month during a “Non-Peak Month” defined as August through December, or $8,500 per year. The new lease agreement also includes adjustments to reflect annual changes to the Consumer Price Index (CPI). In addition, the Licensee shall 14 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Approval of Exclusive Permissive U se & Licensing Agreement No. 3982 with Samaljon Inc. for Grant Rea Park Batting Cages

Page 2 of 2 ends

maintain throughout the term of this agreement a current Montebello City Business License and timely pay all fees associated with the license.

BACKGROUND

Samaljon, Inc., currently has an agreement with the City to operate pitching machines at the batting cages l ocated on a portion of Grant Rea Park. The Licensee installed the existing equipment in the batting cages and has had an agreement with the City of Montebello since 1971. The current Agreement expired in December 2020. The Batting Cages have been closed from March of 2020 to January of 2022 due to COVID-19 pandemic guidelines, City COVID-19 restrictions and park amenity closures.

Presently the Batting Cages have the following ameni ties that are maintained by the Licensee:

1. Six individual hitting areas.

2. Six pitching machines (four baseball and two softball).

3. Bats, balls, helmets, accessory equipment and other equipment used for the maintenance and operations of the batting cages.

4. An accessory building to be used for office and storage space.

5. Safety netting.

The new lease will be retroactive to the beginning of the year and is for a five-year period effective January 1, 2022 through December 31, 2027 The Licensee agrees to upgrade and maintain the equipment and facility and to schedule responsible staff, all in accordance with plans and specifications which have been approved by the City.

SUMMARY

The City Council will consider approving a new Exclusive Permissive U se & Licensing Agreement and authorize the City Manager to execute an Agreement on behalf of the City.

ATTACHMENTS:

A. Attachment A – Exclusive Permissive Use and Licensing Agreement B. Attachment B – Agreement No. 2594, Original Agreement

ATTACHMENT A

CITY OF MONTEBELLO

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982 WITH SAMALJON, INC.

This EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT (“Agreement”) is made and entered into January 1 , 20 22, by and between the CITY OF MONTEBELLO , a California municipal corporation ( the “City ”) and SAMALJON, INC., (the “Licensee”). The City and L icensee are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the City owns real property commonly known as “Grant Rea Park” located at 600 Rea Drive in the City of Montebello, which is currently utilized as a public park facility (“Subject Property”); and

WHEREAS, the Licensee owns and operates a batting cage facility (“Batting Cages”) for-profit, and independent of the City located at the Subject Property since about 1971; and

WHEREAS, the Permissive Use & Licensing Agreement previously entered by and between the City and Licensee has now expired and the Parties have indicated a desire to continue the exclusive operation of the Batting Cages at the Subject Property for the benefit and in the best interest of City residents and visitors; and

WHEREAS, the Parties have agreed to enter into good-faith negotiations and memorialize the terms and conditions of this Agreement.

NOW, THEREFORE, the City and Licensee, in return for the mutual promises and other good and valuable consideration, the receipt a nd sufficiency of which is hereby acknowledged, do agree as follows:

SECTION 1. RECITALS. The provisions of the above Recitals are incorporated into this Agreement by this reference.

SECTION 2. SITE. The Batting Cages shall operate within the area of the Subject Property depicted in Exhibit “A” hereto. Licensee shall not be entitled to deviate, relocate, locate, move or otherwise operate the Batting Cages outside of the EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

Page 2 of 9 ends

permitted Subject Site and in the matter depicted in Exhibit “A” without first obtaining written permission from the City.

SECTION 3. GRANT OF LICENSE.

3.1 City hereby grants to Licensee an exclusive license to utilize the above described Site, for the location thereof of Licensee’s Property here defined as:
a) Batting cage with six (6) individual hitting area s in the manner shown in Exhibit “A.”
b) Six (4) pitching machines (consisting of 4 baseball and 2 softball); c) Fencing surrounding and within the Subject Site;
d) Bats, balls, helmets, accessory equipment, and other equipment used for the maintenance and operation of the Batting Cages; and e) Accessory building to be used for office and storage space exclusively in the manner shown in Attachment “A.”
f) Exhibit “B” is a list of equipment that shall rem ain at all times as Licensee’s Property.

3.2 Nothing contained herein shall be construed as:
a) Granting to the Licensee title, property ownership, or any rights in the Subject Property;
b) Granting to the City title, property ownership, or any rights in Licensee’s Property; and
c) Creating a partnership, or joint venture relationship between the City and Licensee.

3.3. The Licensee shall not, at any time, record or attempt to record this Agreement, any memorandum thereof, or any other instrument against the Subject Property. The license granted to Licensee shall be limited to the terms set forth herein.

SECTION 4. TERM AND TERMINATION.

4.1 The term of this Agreement shall commence on January 1, 2022 and shall be in full force and effect for five (5) year s (“Term”) unless earlier terminated as provided herein.

4.2 The Licensee shall be allowed to operate the Batting Cages seven days per week between the hours of 7:00 a.m. and 9:00 p.m. Any deviation from the dates, times and hours of operation herein specified must be approved in writing and in advance by the City.

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

Page 3 of 9 ends

4.3 Either party shall have the right to terminate the Agreement, without cause or for convenience at any time with 90 -days’ written notice to the other party. Upon 90- days’ written notice of termination, both parties shall cooperate with reasonable practice and to the fullest extent possible under the circumstances to winddown any obligations set forth in this Agreement.

SECTION 5. LICENSEE’S OBLIGATIONS.

5.1 Fees. The Licensee shall pay the City a flat fee in exchange for the license granted herein as follows:
a) Peak Months . The Licensee shall pay the City a flat fee of $1,000 per month during a “Peak Month” defined as January through July. b) Non-Peak Months. The Licensee shall pay the City a flat fee of $ 300.00 per month during a “Non -Peak Month” defined as August through December.

5.1.1 Fee Adjustments and Modifications. The Parties hereto agree that there may be circumstances under which the fees defined in Subsection 5.1 “Fees” may need to be adjusted or modified to reflect either increases or decreases due to fluctuations in the Consumer Price Index ( “CPI”) or changes in the Licensee’s taxable possessory interest ( “PI”) caused by a change in ownership, or completion of new construction under the guidelines of Proposition 13 (“Change in Circumstances”) . When and if such Change in Circumstances arises, the parties agre e to proceed in good -faith negotiations to adjust the fees defined in Subsection 5.1 based on reliable evidence, including but not limited to , the latest CPI and documents reassessing the Licensee’s PI by the Los Angeles County Office of the Assessor. Such fee adjustment or modification shall be made in writing and shall not take effect until all parties execute such writing as an “Amendment” to this Agreement.

5.2 Business License. The Licensee shall maintain, throughout the term of this Agreement, a current Montebello City Business License and timely pay all fees associated with that business license. In addition, should any real or personal property tax be imposed upon any building or other structure constructed by Licensee upon the Facility, or upon the Site itself by means of a “possessory interest” tax or other lawfully imposed tax, including, but not limited to, a business license tax, or assessment, Licensee shall make timely payment of such taxes.

5.3 Operation. The Licensee agrees to oper ate the Batting Cages Facility in accordance with the following requirements:

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

Page 4 of 9 ends

a) Batting Cages shall be open to all members of the general public at a uniform charge and only during the times specified in Section 4 above; b) The Licensee, at his sole expense, s hall maintain the Batting Cages and equipment as constructed hereunder in a reasonable manner, compatible with the surrounding and adjacent public park usage by the City; and c) Upon receiving a ten -days’ (10-days’) prior notice from the City, the Licensee shall refrain from usage of the Site, permitted hereunder during special events such Fourth of July, and other similar occasions designated by the City, not to exceed five (5) days.

5.4 Maintenance.
a) The Licensee shall maintain, at his sole expense, the Batting Cages and Site, all in accordance with plans and specifications which have been approved by the City herein. The City shall have the right to enforce such plan as may be necessary to render the use proposed hereunder compatible with the continued use of the adjacent park area. b) The Licensee, at its sole expense, shall maintain storm drainage facilities so as to adequately drain the Site, in accordance with the direction of the Montebello City Engineer. The Licensee shall bear all costs of connectio n charges for such utilities as may be necessary, in the Licensee’s opinion, to service the Site and the use permitted thereon. The Licensee shall bear the cost of all utility services, except that after the Licensee has connected to the existing water fa cilities, which are owned by the City and located on the Subject Property, that there shall be no direct charge to Licensee as and for water utilized on said Site.
c) The Licensee shall at its sole expense keep and maintain the Site in good repair during the Term of this Agreement.
d) The Licensee shall not make any additional, permanent alterations or improvements to the Site from the first date appearing in this Agreement above moving forward. The Licensee shall remove any existing alteration, addition or improvement and restore the Site to its original condition at its own expense upon termination and agrees to repair, replace or compensate the City for any substantial damage or excessive cleanup cost at the Site sustained by the City upon termination of thi s Agreement, as determined by the City in its sole discretion.

5.5 Property.
a) The Licensee shall maintain the facility as referenced Section 5.4. The City reserves the right to acquire, at a price to be negotiated upon termination of the Agreement, any other items transferred or used from the EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

Page 5 of 9 ends

existing batting cages as listed in Attachment “B” attached hereto. Any items not acquired by the City may be removed by the Licensee at his expense and to the extent that remov al of such items will not damage the remaining facility.

SECTION 6. CITY’S OBLIGATIONS.

6.1. Unreasonable Interference. In fulfillment of the City’s obligations and consideration under this Agreement, the City shall make the Subject Site available to Licensee for the purposes stated in this Agreement and shall not unreasonably, except as specified herein, interfere with Licensee in the exercise of any of its rights or responsibilities under this Agreement.

6.2 Parking. The City agrees to permit patrons of Licensee to utilize off -street parking facilities available on the Subject Property, provided that the City reserves the right to reconstruct and/or relocate the existing off -street parking facilities as it may deem necessary. City agrees to ma intain reasonable pedestrian access to the Batting Cages, consistent with the Park use of the adjacent property.

6.3 Exclusive Use. The City agrees that this is an exclusive Agreement as such, only Licensee will be the only licensed operator of the Batt ing Cages or similar setup on the Subject Property on a for -profit basis. Licensee understands that other Batting Cages or similar set-ups may be allowed on a case -by-case basis by the City to operators of non -profit agencies including, but not limited to , youth and community group sport organizers on a non-licensed, non-permanent basis.

SECTION 7. NOTICES . Notices pursuant to this Agreement, shall be given by United States mail, registered or certified with return receipt requested, postage prepaid, addressed to the Parties hereto as follows:

To City: City of Montebello
Attention: Director of Recreation and Community Services 1600 West Beverly Blvd.

Montebello, CA 90640

To Licensee: Samaljon, Inc.

Attention: Steve Manookian
P.O. Box 231
Montebello, CA 90640

SECTION 8. INSURANCE.

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

Page 6 of 9 ends

8.1 Licensee shall procure and maintain in full force and effect, throughout the term of this Agreement, liability insurance in minimum amounts to be approved by the Licensor’s Risk Manager, naming the City as an additional insured. A certificate of said insurance shall be submitted to the Director of Recreation and Community Services for approval and thereafter filed with the Montebello City Clerk.

8.2 Licensee shall also, during the term of the Agreement, take out and keep in effect commercial general liability for the following policies of insurance:
a) Comprehensive General Liability to include coverage for, personal injury and property damage in limit of $1,000,000 C.S.L. (Combined Single Limit). Any deductible is to be paid by the Licensee.
b) Worker’s Compensation to the established California legal limits. The “City of Montebello” shall be specifically named as an additional insured on the policy

8.3 Should any of the above -described policies be canceled before the expiration or termination of this Agreement, for any reason, the Licensee shall immediately cease and desist from all activities at the site upon said notice of termination and shall additionally immediately notify the Licensor thro ugh registered mail, addressed to Director of Recreation and Community Services, 1600 West Beverly Blvd., Montebello, CA 90640.

SECTION 9. INDEMNIFICATION.

9.1 The Licensee agrees to indemnify the City, its officers, employees and agents against and will hold and save each of them harmless from any and all obligations or liabilities that may be asserted or claimed by any person, firm entity, corporation, political subdivision or other organization arising out of our related to the negligent acts, wil lful misconduct, errors or omissions of the Licensee, its agents, employees subcontractors, or invitees.

9.2 The Licensee will defend any actions or actions filed in connection with said claim, damages, penalties obligations or liabilities and will pay a ll reasonable costs and expenses, including reasonable attorneys’ fees incurred in connection therewith.

9.3 The Licensee will promptly pay any judgment rendered against Licensee, its officers, employees and agents for any such claims, damages, obligati ons or liabilities.

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

Page 7 of 9 ends

9.4 In the event that the City, its officers, employees and agents are made a party to any action or proceeding filed or prosecuted against the Licensee for such claims or other damages arising out of or in relation to the negligence, willful misconduct, errors or omissions of Licensee hereunder, Licensee agrees to pay the City, its officers, employees and agents, for any and all costs and expenses incurred by the City, its officers, employees and agents in such actions and proceedings including, but not limited to, reasonable attorney’s fees.

9.5 It is understood by the parties herein that Licensee shall not be responsible for any and all obligations or liabilities that may be asserted or claimed against the City arising ou t of, or m ade in connection with, the design and build of the Batting Cages.

SECTION 10. ASSIGNMENTS. Licensee shall not be permitted to assign any right or duty arising pursuant to this Agreement, to any person without the written consent of the City.

SECTION 11. ADDITIONAL PROVISIONS.

a) Condition of Facilities . The City makes no representation as to the quality, condition or status of the Subject Site and Site . The Licensee shall assume responsibilities of the Site on an “as-is” condition.

b) Severability. If one or more of the provisions of the Agreement shall be or become invalid, illegal or unenforceable, under any duly promulgated and applicable law, order, or regulation, the validity, and enforceability of the remaining provisions contained herein shall not be in any way affected, impaired, prejudiced, or disturbed as a result.

c) Entire Agreement . This Agreement contains the entire understanding between the City and Licensee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by all Parties. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.

d) Waiver. Waiver by any party hereto of any term, condition, or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.

e) Governing Law. This Agreement shall be interpreted and construed according to the laws of the State of California.

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

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f) Authority to Sign. Each party has re ad this Agreement and understands and knows the contents thereof, and represents and warrants that the person signing this Agreement on behalf of their respective party is empowered to do so and hereby binds the respective party.

g) Counterparts. This Agreem ent may be executed in one or more counterparts. Each shall be deemed an original and all, taken together, shall constitute one and the same instrument.

[SIGNATURES ON NEXT PAGE]

EXCLUSIVE PERMISSIVE USE & LICENSING AGREEMENT NO. 3982

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IN WITNESS WHEREOF, the Parties, through their respective authorized representatives, have executed this Agreement as of the date first written above.

(“CITY) (“LICENSEE”)

CITY OF MONTEBELLO SAMALJON, INC

________________________________ ________________________________ René Bobadilla, City Manager Steve Manookian, President

ATTEST:

_________________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

_________________________________
Arnold Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – Subject Property
 Exhibit B – Equipment List

EXHIBIT “B”

1. 350 l.f. 8’ chain link fencing

2. Six (6) net blue poles

3. Building (except new electrical service and foundation)

4. Two (2) wide chain link gates

5. Netting in front of pitching machines

6. Five (5) hard rubber backstops

7. Four (4) coin boxes

8. Small mesh chain link fencing material used above pitching machines

Agreement No. 2594

PERMISSIVE USE & LICENSING

AGREEMENT
This Permissive Use & Licensing Agreement shall be duly executed prior to the date of commencement, January 1, 2010 by the designated official of the City of Montebello, a municipal corporation, hereinafter referred to as the LICENSOR and SAMALJON, INC., a California corporation, by and through its President, Alfred Manookian hereinafter referred to as LICENSEE. The Licensor and Licensee may be referred to hereafter, and collectively, as the PARTIES.

RECITALS:

A. Licensor owns the real property commonly known as "Grant Rea Park" located at 600 Rea Drive in the City of Montebello, which is currently utilized as a public park facility. hereinafter referred to as the Subject Property.

B. Licensor and Licensee have previously entered into a certain "Concession Agreement Grant Rea Park Baseball Pitching Machines" (also referred to as "Agreement
No. 1818") dated on or about January 1, 2004, whereby the Licensor granted Licensee the exclusive license to install and operate a Batting Cages Facility, hereinafter referred to as the SITE, within a specific location on the Subject Property.

C. Agreement No. 1818 between Licensor and Licensee is set to terminate on December 2009.

D. Licensee has indicated a desire to continue the operation of the Batting Cages Facility, and the Licensor agrees that such a continuance would benefit and be in the best interest of the recreational program.

NOW, THEREFORE, THE LICENSOR AND THE LICENSEE COME INTO THE AGREEMENT AS FOLLOWS:

1. Recitals. The provisions of the above Recitals are incorporated into this Agreement by this reference.
1 ATTACHMENT B

2. Site. The Batting Cages Facility is located and operated in an area within the Subject Property, depictedin Attachment "A" hereto, as set forth by the Licensor.

3. Grant of License. Licensor hereby grants to Licensee an exclusive license to utilize the Site, above described, for the location thereon of six ( 6), ( 4 baseball, 2 softball) pitching machines, fencing and an accessory building, the latter to be used for office and storage space exclusively, in the manner shown on Attachment " A" hereto. No deviation of the Site shall be permitted, insofar as the location of the Batting Cages Facility is concerned, except upon the written approval of the Licensor. Nothing contained herein shall be construed as ( 1) granting to Licenseeany property or ownership rights in the Subject Property, (2) granting title to Licenseeor any right, or interestin or to any personal property of the Licensor, or 3) creating a partnership, or joint venture relationship between Licensor and Licensee. Licensee shall not, at any time, record or attempt to record this Agreement, any memorandum thereof, or any other instrument against the Subject Property. The license granted to Licensee shall be limited to the terms set forth herein.

4. Maintenance of Storm Drain Facilities. Licensee, at his sole expense, shall maintain storm drainage facilities so as to adequately drain the Site, in accordance with the direction of the Montebello City Engineer. Licensee shall bear all costs of connection charges for such utilities as may be necessary, in the Licensee' s opinion, to service the Site and the use permitted thereon. Licensee shall bear the cost of all utility services, except that after Licensee has connected to the existing water facilities, which are owned by Licensor and located on the Subject Property, that there shall be no direct charge to Licensee as and for water utilized on said Site.

5. Licensor' s reservation of riaht to close the Site. Notwithstanding the grant of license provided to Licensee as set forth in Paragraph 3 above, the Parties agree and acknowledge that the Licensor reserves the right to require Licensee 2 close the Site and terminate operation of the Batting Cages Facility in the event that Licensor determines that such a closure of the Site or termination of the operation of the Batting Cages Facility is needed for the Licensor's projects, including, but not limited to, emergency repairs of the Subject Property. In an emergency or when the Licensor's project has gone past estimated deadlines shall the Licensor request the Licensee to close from February to November of any year in this agreement, since that would put great hardship upon the Licensee and the boys and girls of the Local Baseball and Softball Leagues.

To the extent feasible, Licensor shall provide 30 day notice, to Licensee prior to exercising this right to close the Site. Licensee shall be entitled to a rent credit from Licensor as a result of the Licensor's exercise of such right. The rent credit shall be no rent charges for the days required to be closed and a credit of one day of future rent for everyday required to be closed. The rent credit shall be equal to the daily amount of the respective Licensee Fee or Supplemental License Fee; as such terms are defined in Paragraph 7 herein, up to the maximum amount of the Licensee Fee or Supplemental License Fee. In no event shall the refund or credit paid to Licensee, as a result of Licensor's exercise of that right set forth herein, be more than the respective total amount of the Licensee Fee or Supplemental License Fee.

Licensee further agrees and acknowledges that it shall not be entitled to any additional compensation from Licensor's exercise of the right to use the Site as set forth herein.

Licensee's failure to comply with Licensor's exercise of this right as set forth in this Paragraph shall be a sufficient basis for a finding of non-compliance by Licensee of the terms and conditions of this Agreement, and grounds for termination of this Agreement by the Licensor pursuant to Paragraph 11 (d) herein.

6. Facility. Licensee shall maintain, at his sole expense, the Facility and Site, all in accordance with plans and specifications which have been approved by the Licensor. The Licensor shall have the right to enforce such plan as may be necessary to render the use proposed hereunder compatible with the continued use of the adjacent park area.
3 7. License Fee.
a) Licensee shall pay Licensor an annual license fee in return for the license provided herein and hereinafter referred to as License Fee. The License Fee shall cover the use of the Site and operation of the Facility for an annual seven- month period, commencing February 151and ending August 31st, during the term of the Agreement. The initial License Fee shall be in the amount of $ 6, 386, which shall cover the period of February 1, 2010 to August 31, 2010. Every year thereafter, the License Fee shall be increased in an amount equal to the percentage increase of the annual Los Angeles Area Consumer Price Index ("CPP') of which yearly increases of the annual Los Angeles Area CPI shall not be less than one percent ( 1 %) or more than eight percent ( 8%). The License Fee shall be paid in equal installments, payable in advance, when invoiced from the Licensor, on the 1st day of each month; February, March, April, May, June, July and August, commencing in year 2010 and continuing for the subsequent years of the term of this Agreement. b) Licensee may operate the Batting Cages Facility in January, September, October or November ( Batting Cages Facility shall not operate, and is not allowed to operate, in the month of December) in any given year, throughout the term of this Agreement, provided that Licensee pays the Licensor a supplemental Licensee Fee (" Supplemental License Fee") for each month stated herein. The Licensee will notify the Licensor the amount of days of operation for the previous month. The Licensor will send an invoice for the Supplemental License Fee due.

The initial Supplemental License Fee shall be in an amount of $ 16.81 per day plus the annual CPI increase for the Los Angeles Area.
c) In addition, Licensee shall maintain, throughout the term of this Agreement, a current Montebello City Business License and timely pay all fees associated with that business license. In addition, should any real or personal property tax be imposed upon an any building or other structure constructed by Licensee upon the Facility, or upon the Site itself by means of a "possesory interest' tax or and other lawfully imposed tax, including, but not limited to, a business license tax, or assessment, Licensee shall make timely payment of such taxes. d) Failure to pay such License Fee or tax shall be a sufficient basis for a finding by the Montebello City Council of non- compliance by Licensee of the terms 4 and conditions of this Agreement, to which this Agreement may be terminated pursuant to Paragraph 11( d) of this Agreement.

8. Indemnification. Licensee agrees to indemnify Licensor, its officers, employees and agents against and will hold and save each of them harmless from any and all obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or related to the negligent acts, willful misconduct, errors or omissions of Licensee, its agents, employees, subcontractors, or invitees. 1) Licensee will defend any action or actions filed in connection with said claim, damages, penalties, obligations or liabilities and will pay all reasonable costs and expenses, including reasonable attorneys' fees incurred in connection therewith.
2) Licensee will promptly pay any judgment rendered against Licensee, its officers, employees and agents for any such claims, damages, obligations or liabilities.
3) 1n the event that the Licensor, - its officers employees and agents are made a party to any action or proceeding filed or prosecuted against Licensee for such claims or other damages arising out of or in relation to the negligence, willful misconduct, errors or omissions of Licensee hereunder, Licensee agrees to pay the Licensor, its officers, employees and agents, for any and all costs and expenses incurred by Licensor, its officers, employees and agents in such actions and proceedings including, but not limited to, reasonable attorneys' fees.

9. Insurance.
a) Licensee shall procure and maintain in full force and effect, throughout the term of this Agreement, liability insurance in minimum amounts to be approved by the Licensor' s Risk Manager, naming the Licensor as an additional insured in order to carry out the provisions of Paragraph 7, above. A certificate of said insurance shall be submitted to the Director of Municipal Services for approval and thereafter filed with the Montebello City Clerk.
b) Licensee shall also, during the term of the Agreement, take out and keep in effect commercial general liability for the following policies of insurance.

F
1) Comprehensive General Liability to include coverage for, personal injury and property damage in limit of $ 1,000, 000 C.S.L. (Combined Single Limit). Any deductible is to be paid by the Licensee.
2) Workers' Compensation to the established California legal limits. The "City of Montebello' shall be specifically name as an additional insured on the policy.
c) Should any of the above- described policies be canceled before the expiration or termination of this Agreement, for any reason, the Licensee shall immediately cease and desist from all activities at the site upon said notice of termination and shall additionally immediately notify the Licensor through registered mail, addressed to Risk Manager, 1600 West Beverly Boulevard, Montebello, CA 90640. Licensee shall file any required Certificates of Insurance with the Licensor' s Departmentof MunicipalServices. The certificatesshall comply with all the insurance requirements as previously stated. "Split" limit may be substituted if the total per occurrence equals or exceeds the combined single limit amount. Failure to obtain and maintain said insurance shall be a sufficient basis for a finding of non- compliance by Licensee of the terms and conditions of this Agreement, and grounds for termination pursuant to Paragraph 11(d) of this Agreement.

10. Term. The term of this License Agreement shall be for a period of five (5) years, commencingJanuary1, 2010, continuingthroughand including, the 30th day of December, 2014. Licensee shall have the option to extend the initial term one ( 1) time for a five ( 5) year extension, provided that terms and conditions remain the same, or as mutually agreed upon by the parties unless terminated in the manner hereinafter described. Licensee' s exercise of the option to extend is subject to the following conditions: (i) the extensionoption may be exercised only by written notice delivered by the Licensee to the Licensor not later than six ( 6) months prior to the expiration of the initial term and (ii) only if, as of the date of the delivery of notice, Licenseeis not in default underthis Originalagreementand any amendments thereto.

11. Termination. This Agreement may be terminated prior to the normal expiration of the term hereof, as defined by the conditions of this section:
2 a) By mutual agreement of the parties hereto, as evidenced in a written document properly executed and signed by both parties; or b) By Licenseeduring the first two years of this Agreement and prior to August 31 of the year in which cancellation is desired, by ninety ( 90) days written notice given to Licensor, at the address and in the manner provided in Paragraph 16 hereof, by Licensee of the intent to terminate this Agreement with the termination to be effective upon the 91 st day after the giving of such notice; or c) By Licensee, during the last three years of this Agreement and prior to August 31 of the year in which cancellation is desired, by, sixty ( 60) days written notice to Licensor, at the address and in the manner provided in Paragraph 16 hereof, of the intent to terminate this Agreement with the termination to be effective upon the 61st day after the giving of such notice; or
d) By Licensor, upon a finding by the Montebello City Council that Licensee has not complied with the terms and conditions of this Agreement. Prior to making such finding, the Montebello City Council shall conduct a hearing, and shall give the Licensee at least ( 10) days notice of the time and place of such hearing. At the -time of such hearing, the Montebello City Council shall consider all relevant evidence, and exclusively based thereon, shall determine whether Licensee has failed to comply with the provisions of this Agreement, and whether to terminate this Agreement with Licensee. The Montebello City Council' s determination shall be final and conclusive.
e) By Licensor, without further liability on not less than six ( 6) months prior written notice if Licensor determines that they do not want any batting cages on the Subject Property. The Licensor reserves the right to determine use of the Site and any expansion or development of the Subject Property/ public park facility, or any other development of the Licensor.

12. Assignment. Licensee shall not be permitted to assign any right or duty arising pursuant to this Agreement, to any person without the written consent of the City.

13. Operation. Licensee agrees to operate the Batting Cages Facility in accordance with the following requirements:
7 a) said Batting Cages Facility shall be open to all members of the general public at a uniform charge; and
b) said BattingCagesFacilityshallbe openfor usefrom February1stto August 31stof each calendar year during the term hereof; the hours of operation duringwhichsaid Facilityshall be open, shall be establishedby the Licenseeand approved by the Licensor. If Licensee desires to keep the said Batting Cages Facilityopenat any time duringthe calendaryear, exceptfor duringthe monthof Decemberand other than the period of February 1stthrough August 31St, as hereinabovedescribed, an additional licensee fee shall be charged, as provided in Paragraph 7( b) hereof; and
c)
that Licensee, at his soleexpense, shall maintainthe BattingCages Facility and equipment as constructed hereunder in a reasonable manner, compatiblewith the surroundingand adjacentpublic park usage by the City; and d) that upon receiving a 10 day prior notice from the Licensor, the Licenseeshallrefrainfromusageof the Site, permittedhereunderduringspecial events such as Fourth of July, and other similar occasionsdesignatedby the Licensor, not to exceed five ( 5) days.
e) failure to operate the Facility in accordance with the requirements of Paragraph13, in its entirety, shall be a sufficient basis for a finding by the MontebelloCityCouncilof non-complianceby Licenseeof the termsandconditions of this Agreement, and grounds for termination as provided in Paragraph 11(d) hereof.

14. Parking Facility Access. Licensor agrees to permit patrons of Licenseeto utilizeoff-streetparkingfacilitiesavailableon the SubjectProperty, provided that the Licensor reserves the right to reconstruct and/or relocate the existing off-street parking facilities as it may deem necessary. Licensor agrees to maintain reasonable pedestrian access to the Batting Cages Facility, consistent with the Park use of the adjacent property.

15. Acquisition of Facility' s Equipment upon Termination. Licensee shall maintain the Facility as set forth herein. The City reserves the right to acquire, at a price E
to be negotiated between the Parties upon termination of the Agreement, any other items transferred or used from the existing cages for the construction of the new cages, as listed in Attachment " B" attached hereto. Any items not acquired by the City shall be removed by Licensee at his expense and to the extent that the removal of such items will not damage the remaining Facility.

16. Notices. Notices pursuant to this Agreement, shall be given by United States mall, registered or certified with return receipt requested, postage prepaid, addressed to the Parties hereto as follows:

To Licensor: City of Montebello
Attention: Director of Municipal Services
1600 West Beverly Blvd.

Montebello, CA 90640
To Licensee: Samaljon, Inc.

Attention: Steve Manookian
P. O. Box 231
Montebello, CA 90640

17. Miscellaneous Provisions.
a) Licensee will act hereunder at all times as an independent contractor.

This Agreement shall not and is not intended to constitute Licensee as an agent, servant, or employee of the Licensor and shall not and is not intended to create the relationship of partnership, joint venture or association between the Licensor and Licensee. Licensee shall have no power or authority to incur any debt, obligation or liability on behalf of Licensor. The Licensor does not grant Licensee any authority or right, expressed or implied, to assume or create any obligation or responsibility on behalf of Licensor or to bind Licensor in any manner.
b) Disputes regarding the interpretation or application of any provision of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. Should any dispute regarding the interpretation or application of this Agreement lead to litigation, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which it may be entitled.
0 c) Waiverby any partyheretoof anyterm, conditionor covenantof this Agreementshall not constitutethe waiverof any otherterm, conditionor covenant hereof.
d) This Agreementshall be binding upon each of the Parties hereto. e)
This Agreementshall be interpretedand construedaccordingto the lawsof theStateof Californiaandvenueshallbe in the Countyof LosAngeles, State of California.
f) If any provision of this Agreement is held by a court of competent jurisdictiontobeinvalid, voidor unenforceable, theremainingprovisionnevertheless will continue in full force and effect without being impairedor invalidated in any way.
g) This Agreement contains the entire understanding between the Licensor and Licensee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modificationsto thisAgreementshallbe effectiveonlyif in writingandsignedby each party._
h) This Agreement shall become effective as of the date set forth on which the last of the Parties, whether City or Licensee, executes said Agreement Effective Date' herein).

Signature Page to follow.]
10 IN WITNESS WHEREOF, this Agreement has been executed by the duly authorized officers of the Parties as of the day and year set forth below.

Date: /
2& e1
ATTEST:
a-"
RobertJ. King, Ciq Clerk 7—
Date: Z 2 I' v %

CITY OF MONTEBELLO,
a Municipal Corporation
Licensor")
By: '
William M. Molinari, Mayor
SAMALJON, INC.,
a California Corporation
Licensee")
By' Z:

Manookian, President
Sflve
11 Attachment " A" --
RenderingofSiteandFacility (tobeattached)
1 Z
x
ATTACHMENT " B"

1. 350 118' high chain link fencing.

2. Six ( 6) net blue poles.

3. Building (except new electrical service and foundation).

4. Two 18: wide chain link gates

5. Netting in front of pitching machines.

6. Five ( 5) hard rubber backstops.

7. Four ( 4) coin boxes.

8. Small mesh chain linkfencingmaterial usedabove pitchingmachines. 13 4- 07- 2014
Re: pickingup the option on Lease2594
To: city of Montebello,
From: SamaljonInc. and the Montebello BattingCages.

Basedonthelease2594, wearepickingupour5yearoptiontoextendtheleaseto December, 2019.

Sincerely
r
if
Steve Manookian `
4/ 7/ 201411: 50am
ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Fernando Pelaez, Fire Chief
S
UBJECT: Approval to Submit Application for the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund
D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) Appr
ove the submission of the grant application for the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund; and 2) T
ake such additional, related, action that may be desirable.

FI

SCAL IMPACT
T
he Los Angeles County Board of Supervisors directed the Chief Executive Office Homeless Initiative to create a $10 million Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund. The funding opportunity is available to cities and Councils of Government ( COGs) to submit a competitive grant application. The City’s Operation Stay Safe project (i.e., “Tiny Homes”) is eligible to receive up to $876,000 based on the CCOGIHS Interim Housing Bed Rate. If a grant is awarded and once the amount is determined, staff will return to the City Council with a request to appropriate the funds.

B

ACKGROUND
T
he Los Angeles County Board of Supervisors recognizes the importance of supporting cities and Councils of Government across the County to strengthen the region’s homeless housing and services system. As such, the Board directed the Chief Executive Office Homeless Initiative to create a $10 million Cities and Councils of Governments Interim 15 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Approval to Submit Application for the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund

Page 2 of 2 ends

Housing Services (“CCOGIHS”) Fund to support services at i nterim housing projects located in local jurisdictions to create a pathway for people experiencing homelessness (“PEH”) to secure permanent housing.

The County will be allocated State of California Homeless Housing, Assistance, and Prevention Program Round 3 (“HHAP 3”) funding. HHAP 3 provides flexible block grant funds to Continuums of Care, large cities with populations of 300,000 and above, and counties to build on the regional coordination created through previous California Homeless Coordinating and F inancing Council grant funding and supports local jurisdictions in their unified regional responses to reduce and end homelessness. T he Board approved allocating $10 million of the County’s HHAP 3 funds to the CCOGIHS Fund.

The CCOGIHS Fund will be used to provide grants to cities and COGS in the County that are in need of financial support to provide services at interim housing sites.

DISCUSSION

The Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund is accepting applications . Applicants may apply for funding to expand or develop local interim housing capacity to address homelessness and move PEH into permanent housing. Programs and activities must be based on evidence- based solutions that prevent, reduce and end homelessness
.

The Fire Department is seeking to submit a grant proposal requesting funding that will be used towards operating costs and supportive services for Operation Stay Safe (i.e., “Tiny Homes). The Tiny Homes Pilot P rogram is a collaboration with the San Gabriel Valley Regional Housing Trust (SGVRHT) and the San Gabriel Valley Council of Governments (SGVCOG). The City’s MCAP team will play an inst rumental role in coordinating and overseeing the continuum of care for participants entering Operation Stay Saf e. MCAP will act as the gatekeeper and evaluate referrals to the program for eligibility. The supportive services provided by MCAP include crisis intervention, diversion, problem solving, and housing placement.

SUMMARY

That the City Council approve the submission of the grant proposal application for the Cities and Councils of Governments Interim Housing Services (“CCOGIHS”) Fund

ATTACHMENTS:

None

ITEM #___
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Fernando Pelaez, Fire Chief
S
UBJECT: Appropriation of Grant Award Funds from the California Fire Foundation Spring 2022 Grant Cycle
D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1)
Approve the appropriation of $15,000 awarded to the Fire Department by the California Fire Foundation; and
2) Amend the Fiscal Year 2021- 22 budget by increasing appropriations by $15,000 in Account No. 265- 85-855-4198 and 265-85-855-6010.60 (Grants, Fire, CA Fire Foundation, Misc Grants [Revenue] and Machinery & Equipment – Personal Protective Equipment [Expenditures]); and
3) T
ake such additional, related, action that may be desirable.

FI

SCAL IMPACT
The
California Fire Fou ndation awarded the Fire Department a grant in the amount of $15,000 on April 28, 2022 (Attachment A). This funding opportunity has no local matching funds requirement.

F
unding for this project will be appropriated in Account Nos. 265-85-855-4198 and 265- 85-855-6010.60 (Grants, Fire, CA Fire Foundation, Misc Grants [Revenue] and Machinery & Equipment – Personal Protective Equipment [Expenditur es]). Staff is requesting the Fiscal Year 2021- 22 budget be amended to increase appropriations by $15,000 in each of those accounts.
16 CITY COUNCIL AGENDA REPORT – MEETING OF May 11, 2022 Appropriation of Grant Award Funds from the California Fire Foundation Spring 2022 Grant Cycle

Page 2 of 3 ends

BACKGROUND

The California Fire Foundation (CFF) was established in 1987 as a statewide nonprofit 501(c)(3) charitable organization, which offers grant opportunities to fire departments, firefighter associations and community-based organizations whose vital projects focus on keeping communities and first responders safe, especial ly in the areas of public safety prevention education initiatives, emotional and financial assistance to families of fallen firefighters.

According to the California Fire Foundation, the current wildfire risk is in a continuous state of disaster alert and critical impact to individuals and communities . The State of California has felt the impact of climate change more acutely, with disastrous consequences, especially with devastating wildfires fueled by severe droughts and heat waves; flooding and mudsli des driven by heavy rains; and erosion and coastal damage from rising sea levels. Communities across the state are experiencing first-hand this new normal; with extreme weather variations, and increasingly dangerous wildfires afflict our state on a regular basis.

The City of Montebello is experiencing an increase of fire incidents due to natural causes and either purposely or not purposely done. Since July 1, 2021 to February 21, 2022 the Fire Department has responded to a total of 139 different types of fire incidents that is 24% of 7,347 total incidents. To that end, Staff received direction at the March 9, 2022 City Council meeting to apply for this grant (Attachment B).

DISCUSSION

The focus of the California Fire Foundation grant received by the Fire Department will be on supporting wildfire preparedness and/or prevention efforts, which protect and enhance the public’s safety and/or the safety of California’s firefighters and other first responders.

The grant award will provide funding for Personal Protective Equipment and Specialized Firefighting Equipment , allowing the Fire Department to establish the Montebello Fire Rapid Extraction Module Support Team (REMS Team). The REMS team will function in a wildland fire incident (Local or State), and wil l be pre-staged as the rescue team comprised of experienced Emergency Medical Technicians and Paramedics that are assigned to a wildland fire to provide firefighters safe, effective and efficient methods of egress off the fire line in the event of injury or illness incurred during firefighting operations.

Given the City’s proximity to wildland areas that frequently burn and require appropriate and specific equipment in order to properly and safely respond, this grant opportunity will provide an opportunity to purchase wildland equipment for our Department. The additional funding resources provide much neede d operational infrastructure to support the Fire Department’s overall strategic goals in the delivery of fire prevention and wildland protection services to the community.

CITY COUNCIL AGENDA REPORT – MEETING OF May 11, 2022
Appropriation of Grant Award Funds from the California Fire Foundation Spring 2022 Grant Cycle

Page 3 of 3 ends

SUMMARY

That the City Council approve the appropriation of $15,000 awarded to the Fire Department by the California Fire Foundation and amend the FY 2021- 22 budget by increasing appropriations in Account Nos. 265- 85-855-4198 and 265- 85-855-6010.60 (Grants, Fire, CA Fire Foundation, Misc Grants [Revenue] and Machinery & Equipment – Personal Protective Equipment [Expenditures]).

ATTACHMENTS:

A. Attachment A – Grant Agreement
B. Attachment B – March 9, 2022 City Council Agenda

Lynda Chavez Montebello Fire Department
Printed On: 4 May 2022
2022 So Cal Fire Prevention & Preparedness -
Grant Application 1
Montebello Fire Rapid Extraction Module Support Team
(REMS Team)
2022 So Cal Fire Prevention & Preparedness - Grant Application Montebello Fire Department
Angelica Palmeros
1600 W. Beverly Blvd
Montebello, CA 90640
O: 323-864-1701
Lynda Chavez
[email protected]
O: 323-887-1200
M: 323-864-1701

ATTACHMENT A
Lynda Chavez Montebello Fire Department
Printed On: 4 May 2022
2022 So Cal Fire Prevention & Preparedness -
Grant Application 2
FollowUp Form
Question Group
Applicant
Name of the department, association or organization applying for grant funds.

Montebello Fire Department
Project Name
What is the name of your project?
Montebello Fire Rapid Extraction Module Support Team (REMS Team) Decision Date
04/21/2022
Amount Awarded
$15,000.00

GRANT AGREEMENT
This Grant Agreement contains the terms and conditions of the grant awarded to your department or organization ("Grantee"). By electronically signing this Grant Agreement and accepting grant funds from the California Fire Foundation ("Grantor"), an officer or director of the Grantee makes the following representations and agrees to the obligations and conditions set forth.

The California Fire Foundation requires this agreement to be electronically signed and related forms submitted prior to issuing any grant funds.

If you are not able to utilize all or part of the grant funds awarded for this project, contact us at 800.890.3213 or mailto:[email protected]:[email protected]@cpf.orgmailto:cffgrants @cpf.orgmailto:[email protected]
Use of Grant Funds*

1. Grant funds shall be expended solely in support of the objectives detailed in your proposal and budget for the above-referenced project.

2. Grant funds shall not be used for lobbying expenditures or to aid in the election or appointment of a public official or in the passage or defeat of a ballot measure.

3. Grantee agrees to defend and hold harmless the Grantor and its officers and employees from and against any claim, including the expenses of investigation and defense of such claim, arising out of or in any way connected with this grant or the expenditure of grant funds.

Lynda Chavez Montebello Fire Department
Printed On: 4 May 2022
2022 So Cal Fire Prevention & Preparedness -
Grant Application 3

4. Grantee shall furnish to the Foundation any information concerning a major program or budget change in the proposal.

5. Grantee shall maintain financial records for expenditures and receipts relating to this grant, retaining these records and other supporting documentation that details all grant funds used for the approved proposal and budget.

6. Any undisbursed project funds shall be remitted to the Foundation within two months following the end of the grant period. Any refund of less than $100 will be waived.

7. The Foundation reserves the right to discontinue, modify or withhold any payment(s) that might otherwise be due under this grant, to require a refund of any unexpended funds, or both, if, in the Grantor’s judgment, either of the following occur:
•Grant funds have been used for purposes other than those contemplated by this agreement; or •Such action is necessary to comply with the requirements of any law or regulation affecting either the Grantee’s or the Grantor’s responsibilities under the grant.

I agree to the above
The http://cafirefoundation.orgCalifornia Fire Foundation prefers to issue grant awards via physical check. A check will be sent by US Mail to the following address you provide:

Grantee's Finance Contact (Name - First and Last)*
Lynda Chavez
Finance Contact's Email Address*
[email protected]
Finance Contact's Phone Number*
3238641701
Payee*
Name of department, agency or organization that the check is made payable to.

Important! Payee name listed must match the name provided on the W-9 below.

City of Montebello
Payee Address*
Address that the check should be sent to via US Mail
Example:

SoCal Fire Department
c/o City of SoCal, Accounting Department
1234 Southern Street
SoCal, CA 56789
City of Montebello
Lynda Chavez Montebello Fire Department
Printed On: 4 May 2022
2022 So Cal Fire Prevention & Preparedness -
Grant Application 4
c/o City of Montebello, Accounts Receivable
1600 W Beverly Blvd.

Montebello, CA 90640
W-9*
Upload a completed W-9 for the grantee (download a blank one here) Important! The uploaded W-9 must include a signature and date, and the name provided on the W-9 must match the payee name listed in the Disbursement of Funds section above.

PDF
W-9 Form City of Montebello.pdf
Compliance*

1. Grantee shall not engage in any activity that is inconsistent with the terms of this Grant Agreement, including using these funds in a fashion inconsistent with the Grantor’s status as an organization exempt from taxation under Internal Revenue Code Section 501(c)(3) and related IRS regulations and rulings.

2. Grantee shall not, directly or indirectly, engage in, support, or promote violence or terrorist-related activities.

I agree to the above
Cooperation*

1. Grantee shall cooperate with the Grantor in supplying additional information or in complying with any procedures which might be required by any governmental agency in order for the Grantor to establish the fact that it has observed all requirements of the law with respect to this grant.

I agree to the above
Grant Reporting*

1. Grantee shall submit a brief final impact report through the Grantor's online grants' portal no later than 45 calendar days after the end date of Grantee's project, as stated in the awarded proposal. ***NOTE: Access to the final impact report will appear on Grantee's dashboard in the portal shortly after this agreement is submitted and Grantor has issued award.

2. Grantee's final report shall include:
•A summary of what was accomplished within the project period via the expenditure of grant funds;
•The status of project objectives with respect to how grant funds were expended to attain said objectives;
•A description of progress made, including any challenges, opportunities, or outcomes; •Media, including links to pictures and/or video clips highlighting Grantee's project; and •A final total project budget (which may be greater than the amount of the grant) and corresponding expenditures since the start of the grant period. Please include related receipts and/or invoices.

I agree to the above
Lynda Chavez Montebello Fire Department
Printed On: 4 May 2022
2022 So Cal Fire Prevention & Preparedness -
Grant Application 5
Partnership Recognition*

1. Grantor will include information regarding this grant in periodic reports and through its various media channels.

2. Grantor encourages Grantee to make award announcements upon submitting this electronically signed agreement and, to this end, provides this media toolkit for Grantee's reference and use.

I agree to the above

ACCEPTANCE
By electronically signing this Grant Agreement below, the Grantee's signatory represents to the Grantor that they have the authority to sign this agreement on behalf of the Grantee. This grant may be withdrawn if you do not accept and submit a completed grant agreement within 14 calendar days.

By selecting the “I Accept Grant Terms and Conditions” below, Grantee agrees to accept and comply with the stated terms and conditions of this grant.
*
I Accept Grant Terms and Conditions
Name of Signatory (First, MI and Last)*
DISCLAIMER: By typing your name below you are signing this Grant Agreement electronically. You agree that your electronic signature is the legal equivalent of your manual signature on this agreement.

Angelica Palmeros
Signatory's Title*
Deputy Director, City of Montebello Fire Department
The California Fire Foundation truly values this opportunity to partner with you on your project and wishes you every success in the coming months!
One submitted, your responses cannot be edited. Carefully review your answers prior to submitting. After submitting your completed Grant Agreement, you will receive an email confirmation from us. If you haven't already, please be sure to mark [email protected] as a safe sender.

Lynda Chavez Montebello Fire Department
Printed On: 4 May 2022
2022 So Cal Fire Prevention & Preparedness -
Grant Application 6
File Attachment Summary
Applicant File Uploads
• W-9 Form City of Montebello.pdf

CITY OF MO

NTEBELLO

CITY COUNCIL

AGENDA STAFF REPORT
TO: Honorable May
or and City Council Members
FROM: René B
obadilla, P.E., City Manager
BY: Fire Chi
ef Fernando Pelaez, Fire Department
SUBJECT: Ap
proval to Submit Application for the Cal Office of Emergency Services (Cal OES)
DATE: March
9, 2022
RECOMMENDATIONS:

It is rec
ommended that the City Council:
1) Approve the s
ubmission of the grant application for the California Fire Foundation Spring 2022 Grant Cycle; and
2) Take such addi
tional, related, action that may be desirable.

FISCAL IMPACT
The Califor
nia Fire Foundation Spring 2022 Grant Cycle currently has a funding opportunity to submit a competitive grant application. Depending on the scope of the project, the City could potentially receive up to $15,000. This funding opportunity has no local matching funds requirement. If a grant is awarded and once the award amount is determined, staff will return to the City Council with a request to appropriate the funds.

BACKGROUND
The Californi
a Fire Foundation (CFF) was established in 1987 and it’s a statewide nonprofit 501(c)(3) charitable organization, which offers grant opportunities to fire departments, firefighter associations and community -based organizations whose vital projects focus on keeping communities and first responders safe, especially in the areas of public safety prevention education initiatives, emotional and financial assistance to families of fallen firefighters, firefighters and the communities they protect.

ITEM #13

ATTACHMENT B
CITY COUNCIL AGENDA REPORT – MARCH 9, 2022
Approval to Submit Application for the California Fire Foundation Spring 2022 Grant Cycle

Page 2 of 2 ends

According to the California Fire Foundation, the current wildfire risk is in a continuous state of disaster alert and critical impact to individuals and communities . The State of California has felt the impact of climate change more acutely , with disastrous consequences, especially with devastating wildfires fueled by severe droughts and heat waves; flooding and mudslides driven by heavy rains; erosion and coastal damage from rising sea levels. Communities across the state are experiencing first -hand this new normal; with extreme weather variations, and increasingly dangerous wildfires afflict our state on a regular basis. The City of Montebello is also been experiencing an increase of fire incidents due to natural causes and either purposely or not purposely done, since July 1, 2021 to February 21, 2022 the Fire Department has responded to a total of 139 different types of fire incidents, that is 24% from 7,347 total incidents.

DISCUSSION

The objective the California Fire Foundation will focus on supporting wildfire preparedness and/or prevention efforts, which protect and enhance the public’s safety and/or the safety of California’s firefighters and other first responders. The grant will provide funding in the following areas: 1) Vegetation Mitigation & Fuels Reduction; 2) Education, 3) Planning or Community Outreach Campaigns; 4) Personal Protective Equipment; Specialized Firefighting Equipment; 5) First Responder Training.

The Montebello Fire Department is seeking to submit a grant proposal for funding that will be used towards wildland fire Personal Protective Equipment and Specialized Firefighting Equipment for all Montebello Fire Department suppression personnel. Given the City’s proximity to wildland areas that frequently burn and require appropriate and specific equipment in order to properly and safely respond, this grant opportunity would provide an opportunity to seek wildland equipment for our Department. Once the proposed focus area is identified, the Department will be applying under the appropriate category based on specific needs. The additional funding resources would provide much needed operational infrastructure to support the Fire Department’s overall strategic goals in the delivery of fire prevention and wildland protection services to the community.

SUMMARY

That the City Council approve the submission of the grant proposal application for the California Fire Foundation for the Spring Cycle 2022.

ATTACHMENTS:

None

ITEM #____
C

ITY OF MONTEBELLO
CI

TY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and City Council Members
F
ROM: René Bobadilla, P.E., City Manager
B
Y: Paul Espinosa, Chief of Police
S
UBJECT: Authorization to Issue a Request for Proposals (RFP No. 22 -9) for Crossing Guard Services
D
ATE: May 11, 2022
RECOMMENDATIONS:

I
t is recommended that the City Council:
1) Aut
horize Staff to issue a Request for Proposals (RFP No. 22-9 ) for Crossing Guard Services; and
2) T
ake such additional, related, action that may be desirable.

FI

SCAL IMPACT
I
ssuance of this RFP has no direct fiscal impact. However, should there be a successful award of a contract related to providing Crossing Guard Services, the fiscal impact will be presented. Staff will research funding sources to offset impact to the General Fund.

There may be grant opportunities, or other alternate funding streams. A full cost proposal will be presented in a subsequent agenda report coinciding with awarding of an agreement for these services.

B

ACKGROUND
T
he City of Montebello (“City ”) by and through the Montebello Police Department is requesting proposals from highly qualified contractors to provide Crossing Guard Services. The Montebello Police Department currently contracts with All C ity Management Services (ACMS), Agreement No. 3452 is set to expire on June 30, 2022.

The Montebello Unified School District (MUSD) and City of Montebello have a 17 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Authorization to Issue a Request for Proposals (RFP No. 22-9) for Crossing Guard Services

Page 2 of 2 ends

Memorandum of Understanding ( MOU) in place that has the MUSD paying ten (10) percent of the annual cost for these services.

Additionally, the Police Department has developed a draft Request f or Proposal (RFP), setting clear expectations and a detailed scope of work, to ensure the needs of the City are met. If approved, the notice inviting proposals will be published using Planetbids.com beginning May 12, 2022. All bids will be submitted through the Planetbids.com platform.

The due date for all proposals is tentatively scheduled for June 30, 2022 with selection of a vendor following shortly after. Staff will return to the City Council seeki ng approval of an award of a contract, along with presenting a fiscal impact statement outlining a total project budget and funding sources.

ANALYSIS

The Police Department is requesting authority to issue a RFP to identify a contractor for Crossing Guard Services. A selection process will be used to evaluate proposals based on various qualitative components. The award selection will be based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to the City.

SUMMARY

Staff is recommending that the City Council approve the issuance of a RFP and direct staff to take such additional, and related, action that may be desirable.

ATTACHMENT:

A. Attachment A – DRAFT Request for Proposal (RFP No. 22-9)

ITEM #____
C

ITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO
: Honorable Mayor and Members of the City Council
F
ROM: René Bobadilla, City Manager
B
Y: Michael A. Solorza, Director of Finance
S
UBJECT: Approval of Agreement No. 3980 with The Pun Group, LLP for Financial Audit Services
DATE: May 11, 2022
RECOMMENDATION:

I
t is recommended that City Council approve awarding a professional services agreement for audit services to The Pun Group, LLP (Pun Group), and authorize the City Manager to execute the agreement.

FISCAL IMPACT
T
hrough a competitive Request for Proposals (RFP) process (Attachment A), The Pun Group, LLP was chosen as the City’s succeeding audit firm. The “Background” section provides detail on the RFP process and scoring.

T
he attached professional services agreement (Attachment B) has an initial term of three (3) years and includes an option to extend for two (2), one (1) year terms. If approved, the total amount of this agreement shall not exceed $455,524. This total, not-to-exceed amount assumes the City exercises the extension options for the fourth and fifth years and includes a ten (10) percent contingency for additional services related to financial auditing/reporting.

T
he following table provides an annual breakdown of the cost:
18 CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022 Approval of Agreement No. 3980 with The Pun Group, LLP for Financial Audit Services

Page 2 of 3 ends

Year 1 Year 2 Year 3
Year 4
Optional
Year 5
Optional
FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26
Proposed All -Inclusive
Total $ 78,000.00 $ 80,340.00 $ 82,750.00 $ 85,233.00 $ 87,790.00 Contingency (10%) $ 7,800.00 $ 8,034.00 $ 8,275.00 $ 8,523.30 $ 8,779.00 Total $ 85,800.00 $ 88,374.00 $ 91,025.00 $ 93,756.30 $ 96,569.00

Sufficient funds for services associated with this agreement will be budgeted annually beginning in Fiscal Year 2022–23.

BACKGROUND

Most government agencies are required to hire external, independent auditors to audit their financial statements annually and conduct internal controls evaluations. The auditor is responsible for determining that financial statements do not include material misstatements and do not misrepresent their financial condition. In addition, auditors evaluate the City's internal controls and procedures to reduce the risk of collusion, theft, or fraud.

Since 2013, the City has used the accounting firm Vasquez and C ompany (Vasquez) to provide financial auditing services. While Vasquez has consistently provided professional service, staff determined that conducting a competitive process would help ensure the City is receiving the highest level of service and the best pricing for these important services. In addition, Assembly Bill 1345, signed into law in 2012, requires rotation after six years (Government Code 12410.6(b)).

On March 24, 2021, City Council approved the second amendment to the agreement with Vasquez to conduct the fifth and final year of audit services under Agreement No. 3289 and authorized issuing a Request for Proposals (RFP) for Audit Services (Attachment A).

On February 28, 2022, the Finance Department issued RFP 22-6 for Audit Services. This RFP was open for 32 days; closing on March 31, 2022. According to the available data in the City’s PlanetBids Portal, 57 firms were initially notified, 14 registered as prospective bidders, and three firms submitted questions regarding the RFP.

Before the closing date/time, the City received responses from the following firms listed in alphabetical order:

Firm Name Location
Badawi and Associates, CPAs Berkeley, CA
The Pun Group, LLP Santa Ana, CA
Vasquez & Company, LLP Glendale, CA

CITY COUNCIL AGENDA REPORT – MEETING OF MAY 11, 2022
Approval of Agreement No. 3980 with The Pun Group, LLP for Financial Audit Services

Page 3 of 3 ends

After receiving the responses, the Finance D epartment established an evaluation committee to review each reply and provide feedback. The committee consisted of the Director of Finance, Deputy Director of Finance, Accounting Manager, an Accountant, and Senior Management Analyst. After reviewing the responses and contacting references, Pun Group was selected. Pun Group demonstrated the most experience with local municipal agencies in the County of Los Angeles; experience with transit authorities; the proposal clearly stated their audit process; had favorable feedback from references; and offered the most competitive pricing. In general, Pun Group demonstrated extensive experience in auditing governmental entities.

SUMMARY

The City's professional services agreement for audit services is scheduled to terminate on June 30, 2022. For this reason, an RFP was released for audit services. After reviewing the responses to the RFP for audit services, it is recommended that City Council authorize awarding an agreement to Pun Group to provide the necessary services.

ATTACHMENTS

A. Attachment A – RFP 22-6 Audit Services
B. Attachment B – Agreement No. 3980 with The Pun Group, LLP (includes response to RFP)

1 CITY OF MONTEBELLO
Request for Proposals
RFP No. 22 - 6
Audit Services

Release Date: Monday, February 28, 2022
Due Date: March 31, 2022, at 11 a.m. PST

2 TO PROSPECTIVE PROPOSERS
The City of Montebello invites firms to submit a proposal in accordance with this Request for Proposals (RFP). Your response to this request will be evaluated to determine your firm's qualifications. Submissions must adhere to the format and content of this RFP. Proposals will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

THE DATE OF SOLICITATION
February 28, 2022

THE PROJECT
Project Name: Audit Services
Location: City of Montebello

THE OWNER
Name: City of Montebello – Finance Department
Address: 1600 West Beverly Blvd., Montebello, CA 90640 Contact: Michael Solorza, Director
Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
Name: City of Montebello – Finance Department
Address: 1600 W. Beverly Blvd., Montebello, CA 90640
Contact: Micah Herd, Sr. Management Analyst
Contact Phone: (323) 887-1200 Ext. 212
Contact E-Mail: [email protected]

Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by Wednesday, March 16, 2022, at 11:00 a .m. PST. To access the City's PlanetBids Portal, please visit: https://www.cityofmontebello.com/rfp -bids/bid-opportunities.html and click on "Bid Opportunities" to locate the RFP.

3 Audit Services
Request for Proposals (RFP) No. 22 – 6

Table of Contents

Page

1.0 Notice Inviting Proposals 4

2.0 Introduction/About the City of Montebello 5

3.0 Timeline 7

4.0 Purpose 7

5.0 Scope of Work 7

6.0 Deliverables 9

7.0 Proposal Submittal 10

8.0 Evaluation of Proposal 10

9.0 Proposal Protests 10

10.0 Execution of Agreement 12

11.0 Insurance 12

12.0 Non-Commitment of City 14

13.0 Labor Requirements 14

14.0 Records 14

15.0 Subcontractors 14

16.0 Modifications/Changes 15

17.0 Disclosure of Information 15

18.0 City of Montebello Rights 15

Appendix A – Proposal Content and Format
Appendix B - Sample Professional Services Agreement

4 Audit Services
Request for Proposals (RFP) No. 22 – 6

1.0 Notice Inviting Proposals
The City of Montebello is seeking proposals from quali fied consultants/firms to conduct Audit Services following the specifications, terms, and conditions identified in Requ est for Proposals (RF P) No. 22 - 6. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit: https://www.cityofmontebello.com/rfp - bids/bid-opportunities.html and click on "Bid Opportunities." Responses must be submitted via PlanetBids by Thursday, March 31, 2022, at 11:00 a.m. PST . Questions must be submitted no later than Wednesday, March 16, 2022, at 11:00 a.m. PST.

Responses to this request will be evaluated to determine the consultant/firm that is the most qualified and responsive to the requirements. Responses must adhere to the format and content describe d in the RFP. Responses will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required to be considered.

DATE OF SOLICITATION: Monday, February 28, 2022

QUESTIONS DEADLINE: Wednesday, March 16, 2022 at 11 :00 a.m.

PST
(QUESTIONS MUST BE SUBMITTED VIA

PLANETBIDS)

SUBMITTAL DUE DATE: Thursday, March 31, 2022 at 11:00 a.m. PST

5 2.0 Introduction
The City of Montebello, hereinafter referred to as the City, invites proposals from qualified firms of certified public accountants to audit its financial statements. These audits are to be performed following auditing standards consistent with those generally accepted in the United States, current standards set forth for f inancial audits in General Accounting Office's (GAO) Government Auditing Standards, the provisions of the Federal Single Audit Act and U.S. Office of Management and Budget (OMB) Circular A - 133, Audits of State, Local Governments and Non -Profit Organizations and Article XIIIB of the California Constitution – Appropriations Limit.

Through this solicitation, the City seeks to establish a three (3) year agreement for audit services starting with the fiscal year ending on June 30, 2022, with an option to extend for two (2) additional, one (1) year terms.

Responses are due no later than Thursday, March 31, 2022, at 11:00 a.m. PST through the City's PlanetBids Portal . Before submitting responses, firms must register as a vendor in the portal. Vendors are encourag ed to register well ahead of the deadline to avoid any technical difficulties that may arise. To register, please visit:
https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html and click "New Vendor Registration."

All responses to this opportuni ty must conform to this Request for Proposals (RFP) requirements. Failure to do so may result in the response being considered non - responsive.

Proposals submitted to the City of Montebello shall become the exclusive property of the City. Submissions shal l become a matter of public record subject to disclosure, except for those elements that are identified by the Consultant/Firm as business or trade secrets and marked as "Trade Secret", "Confidential", or "Proprietary" and determined by the City to be exempt from disclosure under the Public Records Act.

Each element of a submittal that the firm desires not to be considered a public record must be marked as set forth above. If disclosure is required under the California Public Records Act or otherwise by law, the City will decide and retain the confidentiality to the extent permitted.

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles, California. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles. Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles as a whole. It is a full -service city that provides a long list of services, employing approximately 480 full -time and part -time employees in public safety, transit, and non - safety functions.

6 To ensure compliance with various internal and ex ternal financial reporting requirements, the City is seeking the services of a certified public accountant firm to provide audit services. The City intends these services to commence with reporting for the fiscal year ending on June 30, 2022.

General Financial Information
The City’s Fiscal Year starts July 1 and ends on June 30.

The City's total operating budget for Fiscal Y ear 2021-22 is $171.9 million. This amount includes the Capital Improvement Program/Street Fund of $11.5 million and Enterprise Funds of $53.4 million.

The General Fund operating budget of $61.4 million supports the primary operations of the City, including public safety, public works, parks and recreation, community services, and general administration.

For the Fiscal Year ending June 30, 2021, the total general governmental revenues for the City were $84.0 million. The total general governmental expenditures were $67.9 million.

Finance Department Operations
The Finance Department encompasses the functions of general accounting, budget development and administration, treasury, debt administration, payroll, cashiering, accounts payable, accounts receivable, purchasing, and business licensing. Staffing consists of twenty-one (21) full-time positions, including the Director of Financ e, Deputy Director of Finance, Accounting Manager, Management Analyst, Accountants, Finance Technicians, Account Clerks, and Administrative Secretaries.

• Number of Bank Accounts: 11 Operating accounts (Bank of the West); 2 LAIFs, 2 CDs; 2 accounts for Risk Management/Worker Comp purposes, and 96 other bank accounts for bond debt service.
• Number of Cash Disbursements per Month: 350 (approximate) • Number of Payroll Checks/Direct Deposits Per Month: 1300 (approximate)

Fund Structure
The City uses the following fund types in its financial reporting:

Fund Type No. of Individuals Funds No. of Funds on
ACFR
General Fund 1.0 1.0
Special Revenue
Funds

20.0 18.0
Enterprise Funds 4.0 4.0
Internal Service
Funds

1.0 1.0
Private Purpose
Trust Fund

2.0 2.0
7 Financial System
The City's financial system is New World Systems by Tyler Technologies for general ledger, accounts payable, payroll, purchasing, budgeting, human resource management, fixed assets, project accounting, and cashiering.

3.0 Timeline
 Release RFP February 28, 2022
 Online Q&A Deadline March 16, 2022 at 11a.m. PST
 Deadline to Submit Responses via PlanetBids March 31, 2022 at 11a.m. PST  City Review of Qualification Submissions Mid-April 2022  Notifications Sent to Firms Late April/Early May 2022  Award Mid/Late May 2022

4.0 Purpose
Through this opportunity, the City of Montebello intends to obtain the services of a qualified independent certified public accounting firm to provid e the services as detailed in the Scope of Work/Services section.

5.0 Scope of Work/Services
Required Audits

1. Annual Comprehensive Financial Report (ACFR)
Due annually by December 31
Issue an independent opinion on the fair presentation o f the City's financial statements following accounting principles generally accepted. City staff will prepare all financial statements, note disclosures, and required supplementary information. The audit firm shall provide technical assistance as needed to prepare the City's Annual Comprehensive Financial Report (ACFR).

2. Single Audit Report
Due annually by March 31
Prepare the City’s Single Audit Report, to include the following:
• Report on internal control over financial reporting and on compliance and other matters based on an audit of financial statements performed in accordance with Government Auditing Standards.
• Report on compliance with requirements applicable to each major program, internal control over compliance, and on the schedule of expenditures of federal awards in accordance with OMB Circular A-133. • Schedule of Expenditures of Federal Awards (draft prepared by City staff).
• Notes to Schedule of Expenditures of Federal Awards.
• Schedule of Findings and Questioned Costs.
• Any other required schedules or reports.

3. Data Collection Form
Prepare the Data Collection Form as required by OMB Circular A-133 8 4. Statement on Auditing Standards No. 114 Communications Issue all communications required in accordance with Statement on Auditing Standards No. 114 to those charged with governance (City Council) and management.

5. GANN Appropriation Limit
Due annually by March 31
Issue the "agreed -upon procedures" report on the City's Article XIIIB GANN Appropriations Limit calculations.

6. California State Controller’s Office Cities Financia l Transactions (“SCO”) Report
Due annually by April 30
Prepare the annual State Controllers Report reflecting the financial transactions for Transit and non-Transit Funds and the Public Financing Authority.

7. GASB Pronouncements
The audit firm shall know and be prepared to advise the City staff on how best to implement both current and proposed GASB pronouncements.

8. Transit Fund Financial Statements
Due annually by December 31
Independent auditor's report on internal contr ol over financial reporting and on compliance and other matters is based on an audit of financial statements performed according to government auditing standards.

9. Transit Agency’s Annual National Transit Database (NTD) Report Due annually by December 31
Annual NTD report completed according to the standards established by the Federal Transportation Administration.

Additional Services
In addition to the services mentioned above, the City may request additional assistance as needed related to the items identified in this request. The City understands that these services may incur an additional cost. The other services that may be requested include, but are not limited to:

 Requesting an electronic copy of all draft and final reports and, if needed, a mutually agreed-upon number of printed copies shall be delivered to the City.

 The selected firm is expected to keep the City informed of new state and federal developments affecting governmental finance and reporting standards and trends, including upcoming GASB pronouncements, and provide advice for extraordinary transactions. If there is a charge for this, the cost must be separately identified in the selected firm's cost proposal. 9  The selected firm is expected to be responsive to questions or requests ma de by the City during the agreement term. The early termination clause may be exercised if the Consultant/Firm is deemed non -responsive to queries, general requests, or fails to meet the deadlines.

 The City may request the selected firm to be present at meetings (in person or virtually) and/or other events for coordination, preparation, and/or present the final report to city staff, elected officials, external agencies, members of the general public, or others, as needed.

Auditing Standards
Audits shall be conducted under the following standards:

 Auditing standards generally accepted in the United States as set promulgated by the American Institute of Certified Public Accountants (AICPA) or any successor body, including measures related to fraud detecti on. Such standards must include specific requirements found in the new AICPA audit guide, Audits of State and Local Governments.

 Government Auditing Standards, issued by the Comptroller General of the United States.

 The provisions of the Single Audit Act of 1996, as amended.

 The audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”).

 Specific auditing standards relati ng to any grant agreement determined to be material by the auditors for purposes of the examination of the basic financial statements.

 Any other applicable standards for conducting examinations and/or reports to be issued in conjunction with those items outlined in Scope of Work /Services Section.

6.0 Deliverables
Deliverables will vary based on the report type and submission method. Typically, the City will require the following:
 Draft Report
 Final Report – A minimum of three (3) bound, hard copies of each audit report and an electronic copy

10 7.0 Proposal Submittal
Please review Appendix – A (Proposal Format and Content ), attached hereto and incorporated herein by this reference, for specific details regarding the information that needs to be included in your submission. Failure to provide all requested information may be considered “non-responsive” and rejected.

Responses to this RFP must be submitted electronically via the City’s PlanetBids Portal by the deadline. Any responses transmitted and/or time -stamped after the deadline will not be ac cepted. Firms planning to submit responses to this request are highly encouraged to submit all documentation before the deadline to avoid any technical difficulties/errors.

8.0 Evaluation Criteria
The Finance Department will establish an evaluation committee consisting of City staff responsible for reviewing a nd rating each proposal . The proposal evaluation process will be conducted using a two-step process.

First, the committee will review submissions to ensure adherence to the minimum/proposal format requirements. In the second part of this process, the evaluation committee will review and rate proposals based on the following:

 Qualifications as they relate to this project (50%)
o Thoroughness and understanding of the tasks to be completed o Background and experience in organizational analysis evaluation o Knowledge of the City of Montebello and local needs
o Experience of personnel assigned to the work
o Communication Skills
 Reputation for integrity and competence (30%)
o Positive Reference Checks
o Work Samples
 Proposed Fees and Charges for Service (20%)

9.0 Protest Procedures
Proposal Protest Procedures (Before Proposal Opening)
A protest filed before proposal opening must be filed in writing no later than ten (10) working days before proposal opening. The most common types of protest that might be filed before a proposal opening would include those based upon restrictive specifications or alleged improprieties in any solicitation that is apparent before the scheduled proposal opening.

When a protest is filed before a scheduled proposal opening, certain steps must be followed:

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening). All protests must be filed with the Director of Finance for determi nation. Protest must be submitted to the 11 Director of Finance by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

The City of Montebello
Attn: Director of Finance
1600 W. Beverly Blvd
Montebello, CA 90640

or

E-mail:
[email protected]

B. The protest must contain the factual and legal reason(s) for the protest and should recommend a proposed remedy. Nevertheless, it should be noted that the City re serves the right not to implement the proposed remedy but offer alternative solutions where applicable.

C. Where appropriate, t he City will hold an informal conference on the merits of a protest with all interested parties allowed to attend. Interested par ties may include all proposers and Sub -contractors or suppliers, provided they have a substantial economic interest in a portion of the RFP.

D. All potential proposers will be advised of a pending protest.

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:
 The items to be procured are urgently required;
 Delivery or performance will be unduly delayed by failure to make the award promptly; or
 Failure to make a prompt award will otherwise cause undue harm to the City.

The City will respond in writing within ten (10) working days after receipt of a properly filed protest. The response will be provided by the Director of Finance and will include a response to each substantive issue raised in the protest.

After the exhaustion of administrative remedies, the protesting party will be given the City’s final decision. The Director of Finance has the authority to make the final determination regarding all protests.

Proposal Protest Procedures (After Proposal Opening/Post Award) A protest filed after a proposal opening must be filed within three (3) working days after the proposal opening date. The City will grant the protesting Consultant a fair review and shall have up to ten (10) working days to review the protest and render its decision.

12 10.0 Execution of Agreement
The resulting agreement ( see attached sample Appendix B ) shall be signed by the successful Proposer and returned within the required insurance within ten (10) business days after the City has provide d written notice t hat the consultant/firm has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall just cause, at the City's optio n for annulment of the award. Please review the insurance requireme nts and indemnification clause as stated in the attached sample agreement.

Should the successful proposer decline to execute the agreement, the City Council can either reject all proposals or call for new proposals or accept other proposals.

11.0 Insurance
The Consultant/Firm selected must meet the following minimum insurance requirements upon execution of the City’s Professional Services Agreement:

1. Commercial General Liability
Commercial General Liability (CGL) (equivalent in coverage scope to Insuranc e Services Office, Inc. Form CG 00 01) shall cover on an “occurrence” basis for bodily injury and property damage, including premise -operations, products - completed, broad form property damage, blanket contractual liability, independent contractors, persona l injury or bodily injury, and advertising injury with limits no less than $ 2,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

If requested, the "City of Montebello, its officials, emplo yees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

2. Business Automobile Liability
For owned vehicles, hired, and non -owned vehicles, Insurance Services Office Form CA 00 01 covering, Code 1 (any auto), or if the vendor has not owned autos, Code 8 (hired) and 9 (non -owned) with a limit no less than $1,000,000 per accident for bodily injury and property damage.

If an automobile is not necessary to perform services, the Consultant must submit a written request for a waiver of this requirement.

3. Professional Liability or Errors and Omissions
Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects ’ and engineers’ coverage shall be endorsed to include contractual liability.
13 4. Workers' Compensation and Employer's Liability
Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Required insurance documentation

1. Certificate of Insurance
The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

2. Endorsements (if requested)
In addition to the Certificate of Insurance, the vendor must provide the following endorsements:

a. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11 85.

b. Cancellation notice endorsements. Each policy must be endorsed to certify that it will be not be cancelled or non -renewed by either party or reduced in coverage or limits (except by paid claims) unless the insurer has provided the City with thirty (30) days prior written notice of cancellation (ten (10) days for cancellation due to nonpayment of premium is acceptable).

c. Primary, non -contributory coverage endorsements. The general liability and professional liability (if required) policies must be endorsed to provide that each policy shall apply on a primary, non -contributing basis with any insurance or self -insurance, primary or excess, maintained by or available to the City or its officials, employees and agents.

Waiver and Modifications of Insurance Requirements
To the extent permitted by law, t he City may modify these insurance requirements at any time and at its sole discretion.

In general, any contract deemed sole source, professional/professional services, involve the disclosure of proprietary information, and/or a public works project may require revisions to the City's standard insurance requirements. Any revisions to the insurance requirements will be identified within the associated service contract terms and conditions.

14 Firms/Consultants may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provided a brief explanation for the request. Requests will be reviewed on a ca se-by-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

12.0 Non-Commitment of City
While the C ity has every intentio n to select a consultant/firm through this process , this intention is subject to change at any time during the process. The City does no t commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

13.0 Labor Requirements
a. BACKGROUND: All personnel engaged in the performance of this work shall be employees of the Consultant /Firm and as such, shall be warranted to possess sufficient experience and reliability to perform this work.

b. HEALTH: All personnel engaged in the performance of this work shall be in good health and free of contagious diseases. The Consultant /Firm shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant/Firm allow the use of, or presence of, alcohol or drugs on the premises or in the building.

c. NON-DISCRIMINATION: The Consultant /Firm shall not engage in discrimination in the employment of pers ons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

e. CONDUCT: No person(s) shall be employed for this work that is found to be incompetent, disorderly, and troublesome, under the influence of alcohol and drugs, which fails or otherwise refuses to perform the work properly and acceptably, or is otherwise objectionable. Any person found to be objectionable shall be discharged immediately and not re -employed for this work.

14.0 Records
The C onsultant/Firm agrees to p ermit City Manager or designee access to records, reports, files, and other pape rs or property of the Consultant/Firm to audit any performance aspect under this agreement.

15.0 Subcontractors
The Consultant /Firm shall be respon sible for all work performed under th e final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. Any and all subcontractors used on this work shall be under the dir ect supervision of the Consultant/Firm and 15 shall be considered as his employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor's insurance.

16.0 Modifications/Changes
Changes in the areas serviced and/or specifications may be necessary during the term of the agreement. Changes in the agreement requirements and corresponding changes in compensation may be implemented upon the mutual understanding between the City and the Consultant/Firm. These changes will be processed through the City Manager.

17.0 Disclosure of Information
a. The Consultant /Firm agrees that it will not during or after the term of t he agreement disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges , operating procedures, or methods of doing business to any person, firm, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, withou t the prior written consent of the City. Such confidential or proprietary information received by the Consultant /Firm shall be used exclusively in connection with the performance of services.

b. The Consultant /Firm shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City.

18.0 City of Montebello Rights
In its discretion, the City reserves the right to:

1. Reject any and/or all proposals for no reason or any reason including, but not limited to, the following:

a. The proposal is incomplete, non -responsive, obscure, irregular, or lacking necessary detail and specificity.

b. The Consultant/Firm, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.

c. The Consultant /Firm failed or neglected to complete and submit any information wit hin the time specified by the City, and as may be otherwise required herein.

2. Reject any proposal that, in the opinion of the City, is so unbalanced in comparison to other proposals received and/or to the City’s internal estimates that it does not accurately reflect the cost to perform;

3. Accept all or any part of a proposal;

16 4. Cancel the entire RFP;

5. Issue subsequent RFPs; or

6. Waive any errors or informalities in any proposal to the extent permitted by law.

Please review:

Appendix A – Proposal Content and Format
Appendix B – Sample Professional Services Agreement

ITEM #___
RES
OLUTION NO. 22-31
A RE

SOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO

APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS
NOW,

THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO
HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:

SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1530, consisting of 7 pages, and including:

War
rant No.

Gene
ral: Checks No.596134 through; 596259
ACH No. 1953 through; 2024
On fil
e in the office of the City Clerk, the same having been audited and approved by the Deputy Director of Finance as required by law.

SECTION 2
. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECT
ION 3. That the City Clerk shall certif y to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPR
OVED AND ADOPTED this 11th day of May 2022.
_________
______________________
Kimberly A. Cobos-Cawthorne, Mayor
ATT
EST: APPROVED AS TO FORM:
_________
______________ ________________________________
Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney 19 RESOLUTION NO. 22-31

Page 2 of 2 ends

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No. 22-31 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meet ing of said Council held on the 11 th day of May 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.

DATE: __
Christopher Jimenez, City Clerk

• Exhibit A – Warrant Register
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME 4331 - General Account
1953 04/21/2022 $3,431.47 CONTRACT SERVICES 40670 ALL CITY MANAGEMENT SERVICES 1954 04/21/2022 $5,235.84 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 1955 04/21/2022 $2,560.01 SUPPLIES 62880 AMERICAN MARKER 1956 04/21/2022 $40.00 CARPOOL INCENTIVE 289 ANDREA ANDRADE 1957 04/21/2022 $40.00 CARPOOL INCENTIVE 61470 ERIKA L ANDRADE 1958 04/21/2022 $3,331.21 SUPPLIES 35980 SAEED RADMEHR
1959 04/21/2022 $20,791.45 CONTRACT SERVICES 2102 JOHN P BEROKOFF 1960 04/21/2022 $46,695.73 WATER PURCHASE RESALE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 1961 04/21/2022 $40.00 CARPOOL INCENTIVE 17880 ANI CHUKHURYAN 1962 04/21/2022 $1,517.68 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 1963 04/21/2022 $143.14 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 1964 04/21/2022 $1,772.76 SUPPLIES 2455 THE ILLINI COMPANIES INC 1965 04/21/2022 $698.86 CONTRACT SERVICES 2057 EVERNORTH BEHAVIORAL HEALTH 1966 04/21/2022 $6,333.10 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 1967 04/21/2022 $60.00 CONTRACT SERVICES 23660 DAIOHS USA 1968 04/21/2022 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 1969 04/21/2022 $2,269.50 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 1970 04/21/2022 $120.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 1971 04/21/2022 $37,339.51 CONTRACT SERVICES 2793 IBE DIGITAL 1972 04/21/2022 $80.00 CARPOOL INCENTIVE 11280 MICHAEL LOPEZ 1973 04/21/2022 $40.00 CARPOOL INCENTIVE 71590 LUZ MARIA 1974 04/21/2022 $7,316.25 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 1975 04/21/2022 $40,018.84 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 1976 04/21/2022 $40.00 CARPOOL INCENTIVE 2203 SAMANTHA NEVAREZ 1977 04/21/2022 $1,909,745.04 VEHICLE PURCHASES 24690 NEW FLYER AMERICA (USA) INC 1978 04/21/2022 $40.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 1979 04/21/2022 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 1980 04/21/2022 $12.12 SUPPLIES 1120 BLUETRITON BRANDS INC City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22

Page 1 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22 1981 04/21/2022 $15,399.46 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 1982 04/21/2022 $1,467.47 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 1983 04/21/2022 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 1984 04/21/2022 $38,859.39 FUEL INVENTORY 1059 AMBER RESOURCES LLC 1985 04/21/2022 $40.00 CARPOOL INCENTIVE 3211 JESSICA SERRANO 1986 04/21/2022 $1,575.47 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 1987 04/21/2022 $200.00 TRAINING 2287 STACEY SMITH
1988 04/21/2022 $40.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO 1989 04/21/2022 $164.81 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 1990 04/21/2022 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 1991 04/21/2022 $330.75 CONTRACT SERVICES 395 MARIA TERESA VASQUEZ 1992 04/21/2022 $2,792.81 SUPPLIES 3088 WAXIES ENTERPRISES LLC 1993 04/21/2022 $1,374.00 CONTRACT SERVICES 183 WECK LABORATORIES ENVIRONMENTAL SERVICES INC 1994 04/28/2022 $274.70 SUPPLIES 3163 BANK OF AMERICA
1995 04/28/2022 $1,474.15 SUPPLIES 3163 BANK OF AMERICA 1996 04/28/2022 $1,156.00 SUPPLIES 3163 BANK OF AMERICA 1997 04/28/2022 $1,646.27 TRAVEL & MEETINGS 3163 BANK OF AMERICA 1998 04/28/2022 $631.96 TRAVEL & MEETINGS 3163 BANK OF AMERICA 1999 04/28/2022 $1,551.94 TRAINING 3163 BANK OF AMERICA 2000 04/28/2022 $61.10 SUPPLIES 3163 BANK OF AMERICA
2001 04/28/2022 $150.78 TRAINING 3163 BANK OF AMERICA
2002 04/28/2022 $100.38 TRAVEL & MEETINGS 3163 BANK OF AMERICA 2003 04/28/2022 $10,500.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 2004 04/28/2022 $3,109.05 CONTRACT SERVICES 40670 ALL CITY MANAGEMENT SERVICES 2005 04/28/2022 $2,050.84 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 2006 04/28/2022 $3,524.60 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 2007 04/28/2022 $41,522.02 CONTRACT SERVICES 3016 ANTARES GOLF LLC 2008 04/28/2022 $471.87 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 2009 04/28/2022 $1,075.75 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC

Page 2 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22 2010 04/28/2022 $1,767.71 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 2011 04/28/2022 $1,873.60 UNIFORM EXPENSE 3560 ENTENMANN-ROVIN CO 2012 04/28/2022 $1,600.00 ADVERTISING/PRINTING SERVICES 405 GREGORY C REUEL 2013 04/28/2022 $763.95 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 2014 04/28/2022 $2,033.14 VEHICLE MAINTENANCE/EXPENSES 270 HARBOR DIESEL AND EQUIPMENT INC 2015 04/28/2022 $640.00 CONTRACT SERVICES 19250 N/S CORPORATION 2016 04/28/2022 $44,256.60 CONTRACT SERVICES 42180 PCAM LLC 2017 04/28/2022 $103.33 SUPPLIES 1120 BLUETRITON BRANDS INC 2018 04/28/2022 $988.05 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 2019 04/28/2022 $44,569.09 FUEL INVENTORY 1059 AMBER RESOURCES LLC 2020 04/28/2022 $15,061.24 MACHINERY & EQUIPMENTS 1933 STRICTLY TECHNOLOGY LLC 2021 04/28/2022 $695.00 EDUCATION REIMBURSEMENT 3005 TONY TORRES 2022 04/28/2022 $1,361.86 SUPPLIES 3088 WAXIES ENTERPRISES LLC 2023 04/28/2022 $4,740.00 CONTRACT SERVICES 3564 WESTGEN CONSTRUCTION CORP 2024 04/28/2022 $1,800.00 CONTRACT SERVICES 8160 WINCAL TECHNOLOGY CORPORATION ACH TOTAL $2,343,671.65
596134 04/21/2022 $136.03 BUILDING IMPROVEMENTS 1674 1st JON INC 596135 04/21/2022 $509.77 PREVENTIVE MAINTENANCE 64600 A TO Z FIRE PROTECTION COMPANY 596136 04/21/2022 $95.00 CONTRACT SERVICES 983 ABBA TERMITE AND PEST CONTROL INC 596137 04/21/2022 $1,194.95 SUPPLIES 1670 ADAMSON POLICE PRODUCTS 596138 04/21/2022 $15,527.96 MACHINERY & EQUIPMENTS 3179 ADOBE INC 596139 04/21/2022 $942.64 SUPPLIES 3041 ADVEXURE LLC
596140 04/21/2022 $36,432.00 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 596141 04/21/2022 $264.00 CONTRACT SERVICES 1287 ALTA LANGUAGE SERVICES INC 596142 04/21/2022 $269.41 UTILITY SERVICES 39550 AT&T
596143 04/21/2022 $3,373.58 UTILITY SERVICES 39550 AT&T 596144 04/21/2022 $528.00 CONTRACT SERVICES 2854 AUTOMATED GATE SERVICES INC 596145 04/21/2022 $250.00 GENERAL GOVERNMENT 3580 BARBARA BEJARANO 596146 04/21/2022 $13,929.00 FRINGE BENEFITS 37550 CALIFORNIA EMPLOYMENT DEVELOPMENT DEPT

Page 3 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22 596147 04/21/2022 $112.14 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 596148 04/21/2022 $26.02 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 596149 04/21/2022 $2,412.23 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 596150 04/21/2022 $351.65 CONTRACT SERVICES 36870 CINTAS CORPORATION 596151 04/21/2022 $9,281.35 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 596152 04/21/2022 $195.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 596153 04/21/2022 $6,139.94 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 596154 04/21/2022 $200.00 TRAINING 54160 MONIQUE DELLIBOVI 596155 04/21/2022 $302.56 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 596156 04/21/2022 $419.68 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 596157 04/21/2022 $1,296.63 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 596158 04/21/2022 $150.00 TRAINING 3589 GET SAFE
596159 04/21/2022 $2,452.81 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 596160 04/21/2022 $8,597.31 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 596161 04/21/2022 $284.00 EDUCATION REIMBURSEMENT 568 JUAN M HERNANDEZ 596162 04/21/2022 $897.00 EDUCATION REIMBURSEMENT 3547 ZACHARY HUMBER 596163 04/21/2022 $80.00 CARPOOL INCENTIVE 3585 LUPITA IBARRA 596164 04/21/2022 $695.00 EDUCATION REIMBURSEMENT 3590 KYLE JORDAN 596165 04/21/2022 $90.00 PARKS AND RECREATION 3581 ISRAEL LOPEZ 596166 04/21/2022 $250.00 GENERAL GOVERNMENT 3582 REYNA LOPEZ 596167 04/21/2022 $75.00 PERMITS AND FEES 58760 LOS ANGELES COUNTY REGISTRAR 596168 04/21/2022 $75.00 PERMITS AND FEES 58760 LOS ANGELES COUNTY REGISTRAR 596169 04/21/2022 $75.00 PERMITS AND FEES 58760 LOS ANGELES COUNTY REGISTRAR 596170 04/21/2022 $6,597.19 CONTRACT SERVICES 110 MICHELIN NORTH AMERICA INC 596171 04/21/2022 $976.42 CONTRACT SERVICES 74640 MISSION LINEN SUPPLY 596172 04/21/2022 $40,965.91 BUILDING IMPROVEMENTS 3365 MOHAWK COMMERCIAL INC 596173 04/21/2022 $12.65 TRAVEL & MEETINGS 60300 NICOLE MOOSHAGIAN 596174 04/21/2022 $574.55 SUPPLIES 15620 OFFICE DEPOT INC 596175 04/21/2022 $40.00 CARPOOL INCENTIVE 65330 WENDY PEREZ

Page 4 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22 596176 04/21/2022 $18.88 UTILITY SERVICES 36610 CITY OF PICO RIVERA 596177 04/21/2022 $250.00 GENERAL GOVERNMENT 3579 ANTOINETTE RAMIREZ 596178 04/21/2022 $200.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 596179 04/21/2022 $577.00 GENERAL GOVERNMENT 3578 EDWARD ROBLES 596180 04/21/2022 $40.00 CARPOOL INCENTIVE 3584 BRENDA RODRIGUEZ 596181 04/21/2022 $400.00 CONTRACT SERVICES 61140 MICHAEL SAVEDRA 596182 04/21/2022 $6,657.21 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 596183 04/21/2022 $4,401.24 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 596184 04/21/2022 $154,171.77 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 596185 04/21/2022 $17,226.73 FRINGE BENEFITS 25850 STANDARD INSURANCE COMPANY 596186 04/21/2022 $300.40 CONTRACT SERVICES 387 TRANSUNION RISK AND ALTERNATIVE DATA SOLUTIONS INC 596187 04/21/2022 $79,062.51 CONTRACT SERVICES 3187 TRISTAR RISK MANAGEMENT 596188 04/21/2022 $17,007.60 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 596189 04/21/2022 $5,395.17 FRINGE BENEFITS 58990 VISION SERVICE PLAN 596190 04/21/2022 $169.95 SUPPLIES 9470 W W GRAINGER INC 596191 04/21/2022 $1,173.15 CONTRACT SERVICES 3572 JIM WARINO 596192 04/21/2022 $17,129.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 596193 04/21/2022 $280.95 CONTRACT SERVICES 2905 ZUTRA WATER 596194 04/28/2022 $60.00 PARKS AND RECREATION 3469 STEVE MARTEL 596195 04/28/2022 $438.37 TRAVEL & MEETINGS 3300 ALBERTO MIRANDA 596196 04/28/2022 $636.58 CARPOOL INCENTIVE 28240 SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT 596197 04/28/2022 $4,982.21 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 596198 04/28/2022 $3,920.42 UTILITY SERVICES 1732 AT&T CORP 596199 04/28/2022 $9,900.00 ADVERTISING/PRINTING SERVICES 3107 ADS ON THE MOVE LLC 596200 04/28/2022 $325.00 CONTRACT SERVICES 3593 SONIA ALONSO 596201 04/28/2022 $2,381.75 UTILITY SERVICES 38380 AT&T 596202 04/28/2022 $8,804.94 UTILITY SERVICES 39550 AT&T 596203 04/28/2022 $96.75 UTILITY SERVICES 39550 AT&T
596204 04/28/2022 $27.50 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC

Page 5 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22 596205 04/28/2022 $189.36 SUPPLIES 159 BOUND TREE MEDICAL LLC 596206 04/28/2022 $280.00 TRAINING 21620 BURRO CANYON ENTERPRISES INC 596207 04/28/2022 $795.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 596208 04/28/2022 $54.26 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 596209 04/28/2022 $100.00 PARKS AND RECREATION 3597 ANDRES CRUZ 596210 04/28/2022 $425.00 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 596211 04/28/2022 $172.98 CONTRACT SERVICES 1894 ECONOMY RENTAL INC 596212 04/28/2022 $1,993.32 SUPPLIES 2523 THE BEISTLE COMPANY 596213 04/28/2022 $163.17 VEHICLE MAINTENANCE/EXPENSES 38020 FLEET PRIDE INC 596214 04/28/2022 $337.14 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 596215 04/28/2022 $2,028.86 UNIFORM EXPENSE 55650 GALLS LLC 596216 04/28/2022 $7.04 MAIL/ POSTAL EXPENSE 3167 GENERAL LOGISTICS SYSTEMS US INC 596217 04/28/2022 $309.09 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 596218 04/28/2022 $3,962.50 CONTRACT SERVICES 46870 HDL COREN & CONE 596219 04/28/2022 $300.00 CONTRACT SERVICES 3599 JOHN H HERNANDEZ 596220 04/28/2022 $200.00 TRAVEL & MEETINGS 3386 JOHNATHAN HERNANDEZ 596221 04/28/2022 $257.33 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 596222 04/28/2022 $4,200.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS 596223 04/28/2022 $568.95 CONTRACT SERVICES 8130 RICHARD D JONES A PROFESSIONAL LAW CORP 596224 04/28/2022 $484.01 SUPPLIES 2811 LIGHT BULB DEPOT 38 LLC 596225 04/28/2022 $25.00 RECREATION CLASSES 3596 VANESSA LITTLETON 596226 04/28/2022 $12.00 DUES & SUBSCRIPTIONS 9200 LOS ANGELES COUNTY ASSESSOR OFFICE 596227 04/28/2022 $536.60 SUPPLIES 3035 LA COUNTY SHERIFF'S DEPARTMENT 596228 04/28/2022 $5,563.00 CONTRACT SERVICES 2410 LOS ANGELES COUNTY DEPT OF HEALTH SERVICES 596229 04/28/2022 $125.00 PARKS AND RECREATION 3594 CRYSTAL MADRIGAL 596230 04/28/2022 $792.99 CONTRACT SERVICES 2597 MAGIC JUMP RENTALS INC 596231 04/28/2022 $620.84 CONTRACT SERVICES 74640 MISSION LINEN SUPPLY 596232 04/28/2022 $285.66 SUPPLIES 15620 OFFICE DEPOT INC 596233 04/28/2022 $200.00 TRAVEL & MEETINGS 3150 SANDRA OLIVAS

Page 6 ends

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No. 1530
From Payment Date: 04/21/22 - To Payment Date: 04/28/22 596234 04/28/2022 $250.00 GENERAL GOVERNMENT 3595 ELIZABETH OYARZABAL 596235 04/28/2022 $605.00 CONTRACT SERVICES 3601 PROFESSIONAL INTERPRETING LLC 596236 04/28/2022 $271.88 SUPPLIES 56260 PRUDENTIAL OVERALL SUPPLY 596237 04/28/2022 $147.81 UNIFORM EXPENSE 2002 SAM BROWN SHIELD INC 596238 04/28/2022 $83,962.32 LEASE PAYMENT 2846 SANTANDER BANK NA 596239 04/28/2022 $400.00 CONTRACT SERVICES 61140 MICHAEL SAVEDRA 596240 04/28/2022 $27,441.65 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 596241 04/28/2022 $6,932.38 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 596242 04/28/2022 $500.09 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 596243 04/28/2022 $116.91 SUPPLIES 52620 TALLEY COMMUNICATIONS 596244 04/28/2022 $189.75 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 596245 04/28/2022 $2,405.08 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 596246 04/28/2022 $1,000.00 CONTRACT SERVICES 65440 TIERRA WEST ADVISORS 596247 04/28/2022 $3,818.62 UTILITY SERVICES 72570 US TELEPACIFIC CORP 596248 04/28/2022 $695.00 EDUCATION REIMBURSEMENT 3195 NICHOLAS TRUELOVE 596249 04/28/2022 $281.23 CONTRACT SERVICES 131 UNITED SITE SERVICES INC 596250 04/28/2022 $8,503.80 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 596251 04/28/2022 $7,217.44 COPIER REPAIR/SERVICES 2747 US BANK EQUIPMENT FINANCE 596252 04/28/2022 $5,191.00 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 596253 04/28/2022 $95.47 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 596254 04/28/2022 $563.11 UTILITY SERVICES 23610 VERIZON WIRELESS 596255 04/28/2022 $1,167.32 SUPPLIES 9470 W W GRAINGER INC 596256 04/28/2022 $2,910.00 CONTRACT SERVICES 51770 WILLDAN FINANCIAL SERVICES 596257 04/28/2022 $2,872.56 SUPPLIES 67320 WINZER CORPORATION 596258 04/28/2022 $95.00 CONTRACT SERVICES 3006 WORLD OIL ENVIRONMENTAL SERVICES 596259 04/28/2022 $400.00 CONTRACT SERVICES 328 ANNE L DONOFRIO CHECK TOTAL $676,134.98
GRAND TOTAL $3,019,806.63

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