Montebello City Council
June 22, 2022

using funds from increases in fuel excise taxes, diesel fuel sales taxes, and vehicle registration fee increases.

SB-1 has a Maintenance of Effort (MOE) requirement to ensure that these new roads funds do not supplant existing levels of city general revenue spending on streets and roads. In order for cities to receive RMRA funds, the City must maintain General Fund spending for street, road, and highway purposes at no less than the average expenditures from Fiscal Years 2009–10, 2010–11, and 2011–12. The required MOE for Montebello is $2,438,124, which the City has met.

The use of RMRA local streets and roads funds is similar but, not identical, to Highway Users Tax Account (HUTA/Gas Tax) use rules. Pursuant to Streets and Highways Code Section 2030, RMRA local streets and roads allocations must be used for projects “that include, but are not limited to,” the following: road maintenance and rehabilitation, safety projects, railroad grade separations, traffic control devices, complete street components, “including active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and storm-water capture projects in conjunction with any other allowable project.”

ANALYSIS
In order for a project to be considered for SB-1 funding, it must be listed and approved through adoption of a Resolution by the City Council. In addition to the adoption of the recommended Resolution, the projects listed must be included in the City’s adopted budget and updated every year. As part of the approved Fiscal Year 2022-23 Capital Improvement Program (CIP) Budget, the following new and carry-over projects are recommended for SB-1 Funds:

1. HyRAP Streets Project

2. Annual Concrete Repair Project

3. Olympic Boulevard Complete Street Feasibility Study

4. Beach Street Pavement Rehabilitation (Carry-Over)

SUMMARY
Staff is recommending that the City Council adopt Resolution No. 22-50 approving the list of FY 2022-23 CIP Projects for SB-1 funding. Upon adoption of the Resolution, staff will submit the project list to the California Transportation Commission.

ATTACHMENT:

A. Attachment A – Resolution No. 22-50

ATTACHMENT A
RESOLUTION NO. 22-50

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO ADOPTING A LIST OF PROJECTS FOR FY 2022-23
FUNDED BY SB-1: THE ROAD REPAIR AND ACCOUNTABILITY ACT
OF 2017

RECITALS
WHEREAS, Senate Bill 1 (SB-1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 in order to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB-1 includes accountability and transparency provisions that will ensure the residents of the City of Montebello are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City of Montebello ("City") must adopt by resolution a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB-1, which must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement; and
WHEREAS, the City will receive an estimated one million three hundred ninetythree thousand one hundred seventy-five dollars and zero cents ($1,393,175) in RMRA funding in Fiscal Year 2022-23 from SB-1; and
WHEREAS, this is the sixth year in which the City is receiving SB-1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB-1; and
WHEREAS, the City has undergone a robust public process to ensure public input is included in the community's transportation priorities/the project list; and WHEREAS, the City used a Pavement Management System to develop the SB1 project list to ensure revenues are being used on the most high-priority and cost effective projects that also meet the community's priorities for transportation investment; and
WHEREAS, the funding from SB-1 will help the City to maintain and rehabilitate many streets and roads, and add active transportation infrastructure throughout the City this year and similar projects into the future: and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs RESOLUTION NO. 22-50

Assessment found that City streets and roads are in poor condition and this revenue will help us increase the overall quality of the City's road system and over the next decade will bring our streets and roads into a good condition; and WHEREAS, the City is afforded flexibility within the projects listed in a given year to make any necessary changes as priorities and needs may require, ' the City will make note of any changes to the proposed project list priorities in the annual Expenditure Report to the California Transportation Commission, and WHEREAS, the SB-1 project list and overall investment in local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide.

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

SECTION 1.The City Council of the City of Montebello finds that:
(a) The foregoing recitals are true and correct.

SECTION 2. The City Council hereby adopts the following list of proposed projects to be funded in part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account Revenues:

1. Project Title: HyRAP Streets Project
Description: The work will consist of pavement micro-grinding and other preparatory work followed by pavement resurfacing with a two-layered system. The bottom pavement layer is an Asphalt-Rubber Aggregate Membrane (ARAM) and is topped with the final layer of HYRAP asphalt pavement.

Project Location:
• Bluff Road from Washington Boulevard to Date Street
• Date Street from Bluff Road to Montebello Boulevard
• Hughes Avenue from Bluff Road to Montebello Boulevard • Hughes Avenue from Montebello Boulevard to End
• Jacmar Drive from Third Street to Montebello Boulevard • Mines Street from Bluff Road to Montebello Boulevard
• Montebello Boulevard from Walnut Avenue to Mines Street • Montebello Boulevard from Date Street to Washington
Boulevard
• South Tenth Street from Hughes Street to End
• South Tenth Street from Beach Street to End
• South Fifth Street from Mines Avenue to Walnut Avenue • South Sixth Street from Jacmar Drive to Beach Street
• South Sixth Street from Roosevelt Avenue to Mines Street RESOLUTION NO. 22-50

• San Marino Avenue from Montebello Boulevard to Greenwood Avenue
• South Spruce Street from Beach Street to Hughes Street • Walnut Avenue from Montebello Boulevard to End
Estimated Project Schedule:
• Design: Start (08/2021) – Completion (06/2022)
• Construction: Start (08/2022) – Completion (10/2022)
Estimated Useful Life: 10 to 20 years.

2. Project Title: Annual Concrete Repair Program
Description: The Project includes removal and reconstruction of existing concrete sidewalks, curb and gutters, driveway approaches, and curb ramps citywide to meet ADA requirements.

Project Location: Citywide, mostly south of Olympic Blvd Estimated Project Schedule:
• Design: Start (12/2021) – Completion (03/2022)
• Construction: Start (07/2022) – Completion (09/2022)
Estimated Useful Life: 10 to 15 years.

3. Project Title: Olympic Boulevard Complete Street Feasibility Study Description: Feasibility study for a complete street corridor enhancement project that will address traffic and pedestrian safety, implement active transportation facilities, maximize on-street parking in a high density community, enhance street landscaping with drought tolerant plants, and rehabilitate the pavement.

Project Location: Olympic Boulevard from Concourse Avenue to Montebello Boulevard
Estimated Project Schedule:
• Design: Start (08/2022) – Completion (03/2023)
• Construction: Start (08/2023) – Completion (02/2024)
Estimated Useful Life: 10 to 20 years.

SECTION 3. The following previously proposed and adopted projects may also utilize Fiscal Year 2021-22 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City of Montebello is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

1. Project Title: Beach Street Pavement Rehabilitation, Phase 1 Description: Pavement resurfacing; repairs to sidewalks, drive approaches, curb & gutter; ADA curb ramps, pavement striping; etc.

Project Location: Beach St. from Vail Ave. to 5th Street Estimated Project Schedule:
• Design: Start (09/2020) -Completion (09/2021)
RESOLUTION NO. 22-50

• Construction: Start (04/2022) – Completion (07/2022)
Estimated Useful Life: 10 to 20 years.

SECTION 4. That the City Clerk shall certify to the adoption of this Resolution by the City Council, and shall thereupon be in full force and effect upon it execution.

APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

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 the foregoing Resolution No. 22-50 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 meeting of said Council held on the 22nd day of June 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 22-50

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

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: James Enriquez, P.E., Director of Public Works / City Engineer SUBJECT: Approve Refund of Federal Transportation Grant Funds to the California Department of Transportation in the amount of $428,623 DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve a refund payment to the California Department of Transportation (Caltrans) in the amount of $428,623 for Federal transportation grant fund expenses deemed disallowed in the November 2020 Incurred Cost Audit; and 2) Amend the Fiscal Year 2021-22 adopted budget by increasing appropriations by $428,623 in Account No. 100-30-330-7050 (General Fund, Public Works, Engineering, Miscellaneous Expense); and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The California Department of Transportation (Caltrans) conducted an Incurred Cost Audit, which was finalized in November 2020 (Attachment C). This audit determined that certain expenses charged to various Federal transportation grants were not allowed. The $428,623 recommended for repayment is the remaining balance of the amount of the total expenses disallowed ($479,871) per the Audit. The City Council authorized a partial payment of $51,248 on August 11, 2021.

The City Council is being asked to amend the Fiscal Year 2021-22 budget by increasing appropriations by $428,623 in Account No. 100-30-330-7050 (General Fund, Public Works, Engineering, Miscellaneous Expense).

ITEM #___ 25
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Refund of Federal Transportation Grant Funds to the California Department of Transportation in the amount of $428,623

BACKGROUND
On May 24, 2022, the City received an email from Caltrans requesting immediate reimbursement of Federal transportation grant funds in the amount of $428,623. This is the remaining balance of the total reimbursement amount referenced in the Corrective Action Plan Letter dated March 19, 2021 (Attachment B) and the November 2020 Incurred Cost Audit (Attachment C).

Finding 1 of the Audit found the City non-compliant with state and federal regulations during the contract procurement for Advanced Applied Engineering, Inc., doing business as Infrastructure Engineers. Additionally, the Audit identified a potential conflict of interest related to the contract with Infrastructure Engineers.

The Audit concluded that in March 2015, the City contracted with Infrastructure Engineers to act as the City Engineer. As the City Engineer, Infrastructure Engineers performed engineering services including: public works engineering management services; city engineering services; traffic engineering services; public works inspection services; development engineering services and capital improvement program and grant management services. The scope of work also included the option of on-demand project specific professional services including, preparation of plans, specifications and estimates (PS&E) and related services.

The Audit also concluded that the City used price as an evaluation factor when procuring the architectural and engineering services, which is prohibited by California Government Code Section 4526 and 23 Code of Federal Regulations (CFR) 172.7 (a) (1) (iii) (B). In addition, the City did not evaluate proposals received based on the evaluation criteria stated in the Request for Proposals (RFP) as required by 23 CFR 172 (a) (1) (iv).

DISCUSSION
Staff continues working with Caltrans on the implementation of corrective actions identified in the audit. This will include formal adoption by the City Council of Caltrans mandated contracting and project management processes as well as modifications to contract language for projects funded with State and Federal funds managed by Caltrans.

Staff will work with the City Attorney’s office to modify contract language as required by Caltrans and request City Council adoption at a later date.

SUMMARY
Upon the approval of the City Council of the recommended actions, staff will issue payment to Caltrans and in addition continue working on the recommended actions as stipulated in the Audit. The FY 2021-22 budget will be amended, increasing appropriations in Account No. 100-30-330-7050 by $428,623.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Refund of Federal Transportation Grant Funds to the California Department of Transportation in the amount of $428,623

ATTACHMENTS:

A. Attachment A – Caltrans Invoice Nos. 81M02088 and 81M02089 B. Attachment B – Correction Plan Letter dated March 19, 2021 C. Attachment C – Incurred Cost Audit, File P1560-0025 dated November 2020

“Provide a safe, sustainable, integrated and efficient transportation system to enhance California’s economy and livability”
STATE OF CALIFORNIA-------CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom, Governor

DEPARTMENT OF TRANSPORTATION

DIVISION OF LOCAL ASSISTANCE
P.O. BOX 942874, MS-1
SACRAMENTO, CA 95274-0001
PHONE (916) 653-1776
FAX (916) 654-2409
TTY 711
www.dot.ca.gov
Making Conservation
a California Way of Life.

March 19, 2021
James Enriquez
Director of Public Works
City of Montebello
1600 West Beverly Blvd.

Montebello, CA 90640-3932
Dear Mr. Enriquez:

This letter serves as the California Department of Transportation (Caltrans) Division of Local Assistance’s (DLA) corrective action plan for the findings described in the Incurred Cost audit, File P1560-0025, for the City of Montebello (City), dated November 2020.

Finding 1: Deficiencies with Architectural & Engineering (A&E) Procurement and Potential Conflict of Interest
The City was not in compliance with State and federal regulations during the procurement of the A&E consulting firm, Advanced Applied Engineering, Inc, doing business as Infrastructure Engineers. In addition, a potential conflict of interest was identified in relation to the contract with Infrastructure Engineers.

Corrective Actions Required by DLA by August 31, 2021:

1. Reimburse Caltrans $77,075 in disallowed costs due to the procurement deficiencies identified. In consideration of the circumstances of disallowed funds found in the audit in relation to a lack of responsible charge, DLA will work with the Federal Highways Administration (FHWA) and the City to determine if $402,064 should be fully reimbursed to Caltrans.

2. Adopt Chapter 10 of the Local Assistance Procedure Manual (LAPM) for the procurement of A&E consultant contracts. Since DLA updates the LAPM annually, it is suggested our partners use similar language as part of their A&E procurement procedures as a best practice: “For procurements of Architectural and Engineering consultants with federal and State funds granted by Caltrans, please follow Chapter 10 of the Local Assistance James Enriquez
March 19, 2021

Procedures Manual located here: https://dot.ca.gov/-/media/dotmedia/programs/local-assistance/documents/lapm/ch10.pdf.”

3. Require appropriate staff to attend the Local Agency A&E Contract Procurement training to become more familiar with the updated procedures in Chapter 10 of the LAPM. The City must submit a list of staff who attended the DLA A&E webinar for verification. The A&E training webinar is available at the below website:
https://www.youtube.com/watch?v=CtJGAzh1iJc&feature=youtu.be

4. Designate a City employee as the responsible charge to comply with Chapter 16.2 of the LAPM, and the Federal Master Agreement and regulations.

Finding 2: A&E Contract Management Deficiencies
The City’s A&E consultant contract with Infrastructures Engineers was not administered in accordance with State and federal regulations and contract terms.

Corrective Actions Required by DLA by August 31, 2021:

5. Develop consultant contract management procedures that must include, but not be limited to ensure:
a. Revise the City's contract template to comply with the deficiencies noted in the audit report and Exhibit 10-R of the LAPM:
https://dot.ca.gov/-/media/dot-media/programs/localassistance/documents/lapm/c10/10r.pdf b. Staff submit and comply with the Exhibit 10-C of the LAPM requirement before executing a consultant contract.

DLA must review and approve the revised process before implementation and training staff.

6. Require applicable staff to attend DLA's Federal Aid Series training on Federal Rules for Contract Administration and Project Completion and submit a list of attendees to DLA for verification.

James Enriquez
March 19, 2021

Finding 3: Construction Contract Procurement and Management Deficiencies The City did not maintain adequate procedures for managing their construction contract procurement and contract management to meet State and federal regulations.

Corrective Actions Required by DLA by August 31, 2021:

7. Develop construction contract management procedures that must include, but not be limited to ensure:
a. Verification that the construction contractor is not suspended or debarred prior to award.
b. Ensure project records are to be retained by local agencies for a period of three years from state payment of the final voucher, or a four-year period from the date of the final payment under the contract, whichever is longer, consistent with Section 19.2 of the LAPM. c. Project responsibility resides with the City and remove language that the state has the right to assume full and direct control of the contract. d. Update policy to include advertising for a minimum of three weeks.

DLA must review and approve the revised process before implementation and training staff.

8. Ensure key City personnel are properly trained on the construction contract management procedures once developed. The City will be required to submit a list of staff trained to DLA for verification.

Finding 4: Untimely Requests for Reimbursement (RFR)
The City did not submit RFRs to Caltrans at minimum every six months as required.

Corrective Actions Required by DLA by August 31, 2021:

9. Develop grant or contact management procedures that must include, but not be limited to ensure RFRs are submitted timely within six months.

DLA must review and approve the revised process before implementation and training staff.

James Enriquez
March 19, 2021

Paula Bersola will be in contact with the City to discuss the corrective actions in further detail. She may be reached at (916) 651-8911 or <[email protected]>.

Sincerely,
DEE LAM, Chief
Division of Local Assistance
c: Michael Solorza, Director of Finance, City of Montebello Audits Distribution List, <[email protected]>, Federal Highway Administration
Tony Tavarez, Director, District 7, Caltrans
Paul-Albert Marquez, Deputy District Director, Division of Transportation, Planning and Local Assistance, District 7, Caltrans
Steve Novotny, District Local Assistance Engineer, Division of Local Assistance, District 7, Caltrans
Kamal Sah, Chief, Office of Guidance and Oversight, Division of Local Assistance, Caltrans
City of Montebello Interim Incurred Cost Audit
1 FINDINGS AND RECOMMENDATIONS
FINDING 1 – Deficiencies with A&E Procurement and Potential Conflict of Interest The City was not in compliance with state and federal regulations during the procurement of the A&E consulting firm, Advanced Applied Engineering, Inc, doing business as Infrastructure Engineers. In addition, we identified a potential conflict of interest related to the contract with Infrastructure Engineers.

In March 2015, the City contracted with Infrastructure Engineers to act as their City Engineer. As the City Engineer, Infrastructure Engineers performed engineering services including: public works engineering management services; city engineering services; traffic engineering services; public works inspection services; development engineering services and capital improvement program and grant management services. The scope of work also included the option of on-demand project specific professional services including, preparation of plans, specifications and estimates (PS&E) and related services. Specific procurement and contracting deficiencies are outlined below.

Procurement
The City used price as an evaluation factor when procuring the A&E services which is not allowed by California Government Code 4526 and 23 Code of Federal Regulations (CFR) 172.7 (a) (1) (iii) (B). In addition, the City did not evaluate proposals recevied based on the evaluation criteria stated in the Request for Proposals (RFP) as required by 23 CFR 172 (a) (1) (iv). As a result, costs totaling $77,075 reimbursed to the City for Infrastructure Engineers are disallowed.

Deficiencies with Issuing On-Demand Project Specific Work The City’s on-demand project specific work was not in compliance with the City’s contract or state and federal regulations. The contract stated that the City can issue RFP at any time for the preparation of Plans Specifications & Estimates and other related services necessary to carry out any project in the City’s Capital Improvement Program. However, instead of issuing a project specific RFP as required by 23 CFR 172, the City used a Request for Services. The Request for Services was general in scope and did not contain the type of details required by 23 CFR 172. In addition, the City’s contract required proposals to include a listing of standard hourly rates for services by type of personnel and/or services. The Request for Services did not contain this information. We also found that the method of payment for the Request for Services was based on percentage of total estimated construction cost, an unallowable method.

City of Montebello Interim Incurred Cost Audit
2 23 CFR 172.7 (i) “…Regardless of any process utilized for prequalification of consultants or for an initial assessment of a consultant's qualifications under a RFQ, a RFP specific to the project, task, or service is required for evaluation of a consultant's specific technical approach and qualifications.”
23 CFR 172 requires that an RFP provide a clear, accurate and detailed description of the scope of work, technical requirements . . . for the services to be rendered; the submission of a cost proposal; the preparation of an independent cost estimate by the City; and negotiations.
23 CFR §172.9 Contracts and administration. “(b) Payment methods. (1) The method of payment to the consultant shall be set forth in the original solicitation, contract, and in any contract modification thereto. The methods of payment shall be: Lump sum, cost plus fixed fee, cost per unit of work, or specific rates of compensation.” The City stated they had been working with Infrastructures Engineers for many years and the contract administrator followed the City’s past practices without knowing the actual state, federal and contract requirements.

For a list of addtional procurement deficiencies and related regulations see Attachment B.

Potential Conflict of Interest
A potential conflict of interest occurred due to the contracting arrangements the City had with Infrastructure Engineers. Under the March 2015 contract, the City entered into various Requests for Services for Infrastructure Engineers to perform design PS&E, project management, bidding, award of contract, construction management, inspection and other project specific services. The Infrastructure Engineers employees who were acting as the City Engineer subsequently reviewed and accepted the Requests for Services work performed by other Infrastructure Engineers employees.

Several potential conflict of interest events occurred due to this arrangement:
• Infrastructure Engineers performed a management support role as City Engineer, a position that would allow them to exercise authority over the management of work performed by Infrastructure Engineers such as the review and acceptance of the work performed by Infrastructure Engineers under the Request for Services.
• In addition to preparing the PS&E, the City had Infrastructures Engineers performing all aspects of project delivery duties to include: acting as Resident Engineer, construction engineering, construction inspection, project management, and for one project, acting as the Person in Responsible Charge without having compensating controls to help ensure an adequate segregation of duties.

City of Montebello Interim Incurred Cost Audit
3 23 CFR 172.7 (b) (5) (iii) states, “A consultant serving in a management support role may be precluded from providing additional services on projects, activities, or contracts under its oversight due to potential conflict of interest.” Caltrans, Division of Local Assistance’s (DLA) Local Assistance Procedure Manual (LAPM) Chapter 10.9 Miscellaneous Consideration, states that a consultant in a management role (i.e. City Engineer) shall not participate in, or exercise authority over management of work performed by the consultant’s firm.

LAPM Chapter 10.1 Consultants Performing Work on Multiple Phases of Federal-aid Projects states in part, “…All consultants acting in a management support role must complete Exhibit 10-U: Consultant in Management Support Role Conflict of Interest and Confidentiality Statement…” The City did not submit the required Exhibit 10-U statement to notify Caltrans that they had Infrastructure Engineers acting in ‘management support roles’ as City Engineer and Project Manager.

Person in Responsible Charge
The City had an Infrastructure Engineers staff acting as one of the City’s Person in Responsible Charge for project HSIPL-5247(020), which is not in compliance with federal regulations, the Caltrans/City agreements, and the LAPM. The Infrastructure Engineers employee acting as the City Engineer signed the Requests for Reimbursements submitted to Caltrans along with completing and approving the Local Agency Invoice Review Checklist as the Person in Responsible Charge for the project. In addition, as noted above, Infrastructures Engineers also performed all aspects of project development and management for this project. The LAPM Chapter

20.2 Unrecoverable Project Deficiencies states in part, “…When the local agency hires a consultant to provide construction-engineering services for a project, the local agency is still required to provide a full-time employee of the agency to be in responsible charge of the project. Failure to do so shall make the construction phase ineligible for reimbursement with federal funds…” Therefore, because the City had Infrastructure Engineers staff acting as the Person in Responsible Charge, the related construction contract HSIPL-5247(020) costs totaling $402,064 are disallowed. 23 CFR 172.9 (d) (1) Responsible Charge states in part, “A full-time, public employee of the contracting agency qualified to ensure that the work delivered under contract is complete, accurate, and consistent with the terms, conditions, and specifications of the contract shall be in responsible charge of each contract or project. . .. the contracting agency shall designate a public employee as being in responsible charge…”
Caltrans/City agreement 07-5247R, Article I, Paragraph 15 states, "ADMINISTERING AGENCY shall provide or arrange for adequate supervision and inspection of each City of Montebello Interim Incurred Cost Audit
4 project. While consultants may perform supervision and inspection work for project with a fully qualified and licensed engineer, ADMINISTERING AGENCY shall provide a full-time employee to be in responsible charge of each project.”

For a summary of disallowed costs see Attachment A.

The City stated they were not familiar with state and federal procurement regulations, conflict of interest, or the Person in Responsible Charge requirements. Additionally, the City did not have procurement policies and procedures established when the City contracted with Infrastructure Engineers. However, both City staff and the Infrastructure Engineers employee acting as the Person in Responsible Charge, signed the Request for Reimbursement invoice review check list (LAPM Exhibit 5-J) submitted to Caltrans. All signatories of this form, “certify that the costs claimed follow pertinent program guidelines, and all Federal/State regulations. All consultant and contractor agreements have been reviewed and approved in accordance with the LAPM Chapter 10 “Consultant Selection” and Chapter 16 “Administer Construction Contracts”.”
Because the City contracted with Infrastructure Engineers to perform all aspects of project development and oversight without having necessary compensating controls, the City runs the risk of Infrastructures Engineers not disclosing deficiencies in the work they perform. In addition, the City may not be able to ensure that the public’s best interest is maintained throughout the life of a project.

RECOMMENDATIONS
A. Reimburse Caltrans $77,075 in disallowed costs due to the procurement deficiencies identified.

B. Update procurement guidelines and policies to conform with the requirements stipulated in the Caltrans agreements and state and federal procurement regulations.

C. Reimburse Caltrans $402,064 in disallowed construction costs due to issues with the Person in Responsible Charge.

D. Implement the requirements of California Government Code 4526, 23 CFR 172, and the LAPM to include Chapter 10 that deals with procuring consultant contract, consultant conflict of interest requirements, and the City’s responsibilities to mitigate conflicts of interest and train staff accordingly.

E. Implement the requirements of LAPM Chapter 20, 23 CFR 172, and the Caltrans/City agreement to ensure a full-time City employee(s) acts as a Person in Responsible Charge and train staff accordingly.

City of Montebello Interim Incurred Cost Audit
5 F. Take DLA’s Architecture and Engineering consultant procurement training.

FINDING 2 - A&E Contract Management Deficiencies

The City’s A&E consultant contract with Infrastructures Engineers was not administered in accordance with state and federal regulations and contract terms. Specific deficiencies in managing the Infrastructures Engineers’ consultant contract are outlined below.

Missing Required Contract Provisions
The City did not ensure all the required provisions were included in the contract as follows:

Missing Provisions Criteria
Allowable Costs and Method of
Payments
23 CFR 172.9 (c) (ix);
23 CFR 172.9 (b) (1).

Cost Principles and Administrative
Requirements 23 CFR 172.9 (c) (1) (ix)
Audit Review Procedures LAPM Chapter 10 Exhibit 10R
Prohibition of Expending State or Federal
Funds for Lobbying 23 CFR 172.9 (c) (2)
Subcontracting Caltrans/City agreement, Exhibit A
(2) (3)
Debarment and Suspension 2 CFR 200 Appendix II (H)
State Prevailing Wage Rates 2 CFR 200 Appendix II
Rebates, Kickbacks and Other Unlawful
Consideration 2 CFR 200 Appendix II
Equipment Purchase LAPM Chapter 10 Exhibit 10R
The City did not submit a required LAPM Exhibit 10-C, Consultant Contract Reviewers Checklist to the Division of Local Assistance Engineer (DLAE). According to LAPM Chapter 10.5, the Exhibit 10-C is required for local agencies to complete before executing the consultant contract to help ensure that all federal and state requirements have been met.

The City stated they were not aware of contract and Caltrans/City agreement language, state and federal regulations, and the LAPM, and thought that the City Attorney’s review ensured all the contract language met federal and LAPM requirements. Without the required state and federal contract provisions, the City risks not being able to enforce contract requirements and risks billing Caltrans for unallowable costs.

City of Montebello Interim Incurred Cost Audit
6 Deficiencies in Consultant Procurement Guidelines and Policy The City established Procurement Guidelines in 2017; however, the guidelines and the City’s Municpal Code policies were incomplete and did not include several requirements for procurements using state and federal funds.

For a summary of specific deficiencies see Attachment C.

The City stated they were not aware of the federal and LAPM requirements. Without adequate procurement guidelines and policies, the City may not be able to support that consultant contracts are procured in a competitive manner and that a fair and reasonable price is obtained.

RECOMMENDATIONS
A. Include state and federal regulations, Caltrans/City agreements, and LAPM required language in all third-party contracts.

B. Require staff to submit and comply with the LAPM Exhibit 10-C requirements before executing a consultant contract.

C. Require Contract Administer and City employees involved with contract administration to attend DLA’s Federal Aid Series training, specifically on Federal Rules for Contract Administration and Project Completion.

FINDING 3 – Construction Contract Procurement and Management Deficiencies The City did not maintain adequate procedures for managing their construction contract procurement and contract management to meet state and federal regulations. We tested one construction project with costs totaling $639,995 during our audit period. Specific deficiencies identified are outlined below.

Did Not Verify Construction Contractor Eligibility
Based on our testing of the construction contractor procurement, we found that the City did not have documentation to verify the construction contractor was not suspended or debarred. The City did not have established procurement policies and procedures at the time the construction contract was awarded. Without verifying whether the contractor is suspended or debarred, the City did not comply with federal regulation and increases the risk of contracting with contractors that are prohibited from working on federally-funded projects.

The audit team was able to determine that the contractor was not suspended or debarred during the time of our audit.

City of Montebello Interim Incurred Cost Audit
7 23 CFR 635.110 (e) states, “Contractors who are currently suspended, debarred or voluntarily excluded under 49 CFR part 29 or otherwise determined to be ineligible, shall be prohibited from participating in the Federal-aid highway program.” Inaccurate Construction Contract Language
We identified two contract provisions that did not adhere to federal and LAPM requirements. Article XI of the contract stated that the project and financial records must be retained for five years from the expiration of the contract unless given permission by the City to destroy the records rather than the required three years from submission of the final expenditure report. In addition, the contract language under Article XII stated that the State of California shall exercise general supervision and shall have the right to assume full and direct control of the contract. It is the City’s responsibility to provide or arrange adequate supervision over the projects of local streets and roads.
2 CFR 200.333 states, in part, “Financial records, supporting documents, statistical records, and all other non-Federal entity records pertinent to a Federal award must be retained for a period of three years from the date of submission of the final expenditure report…”
LAPM, Chapter 2 (2013), Roles and Responsibilities, states, in part, “The responsibility for implementing individual projects on the local streets, roads, and other transportation systems resides with the local agencies, principally the cities and counties.” The City stated they thought the City Attorney’s review ensured all the construction contract language met federal and LAPM requirements before it was executed. If the City expects Caltrans to exercise general supervision on projects the City may not fulfill their contract oversight responsibilities. If the City permits the contractor to discard project records prior to three years from the date of the final expenditure report, they may not be able to support contract costs.

Requirement Missing from the City’s Municipal Code Policy The City’s Municipal Code Policy did not include the requirement to advertise Invitations for Bid for a minimum of three weeks as required when using federal funds. 23 CFR 635.12 (b) states, in part, “The advertisement and approved plans and specifications shall be available to bidders a minimum of 3 weeks prior to opening of bid…”

RECOMMENDATIONS
City of Montebello Interim Incurred Cost Audit
8 A. Prior to contract award, verify and document that the construction contractor is not suspended or debarred.

B. Revise Article XI of the contract to require that all records be maintained for a minimum period of three years from the date of submission of the final expenditure report to Caltrans.

C. Remove Article XII from the contract or modify the language to ensure that project responsibility resides with the City and remove language that the state has the right to assume full and direct control of the contract.

D. Update the Municipal Code Policy to include advertising for a minimum of three weeks.

FINDING 4 – Untimely Requests for Reimbursement
The City did not submit Requests for Reimbursement (RFR) to Caltrans at minimum every six months as required. For five of the seven RFRs tested, two were not submitted timely as follows:
• Project HSIPL-5247 (020) RFR No 2 was received July 26, 2016 and RFR No. 3 was received July 6, 2017, six months late.
• Project STPL-5247(023) RFR No.1 was received February 24, 2017 and RFR No. 2 was received January 19, 2018, five months late.

Caltrans/City agreement 07-5247R and 07-5247F15, Article IV, Paragraph 4 states, in part, "ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six (6) months commencing after the funds are encumbered. . .” The City stated they were not aware of the Caltrans/City agreement requirements.

Failure to invoice timely could result in the loss of funding because project(s) may be placed on the “inactive list” or suspended due to no reported project activity. Also, late invoices can also impact the timeliness of Caltrans oversight and increase risk of billing for unallowable or unreasonable costs.

RECOMMENDATION
A. Submit invoices to Caltrans at least every six months.

City of Montebello Interim Incurred Cost Audit
9 ATTACHMENT A - Summary of Disallowed Costs
Findings:

HSIPL5247(020)
STPL-5247(023) HSIPL5247(024)
Total
Finding 1:

A&E Procurement
and Contracting
Issues
X $26,559 $50,516 $402,064
Finding 1:

Person in
Responsible Charge
$402,064 X X $77,075
Total Disallowed
Costs:
$402,064 $26,559 $50,516 $479,139

City of Montebello Interim Incurred Cost Audit
10 ATTACHMENT B - Summary of Consultant Procurement Deficiencies and Related Regulations
City Engineering Service A&E Contract with Infrastructure Engineers Deficiencies Criteria
Criteria weights were not identified in the
RFP 23 CFR 172.7 (a) (1) (ii) (C)
Price was used as an evaluation criterion 23 CFR 172.7 (a) (1) (iii) (B) Proposals were not evaluated based on
the criteria established in the RFP 23 CFR 172.7 (a) (1) (iv) (A) Independent cost estimates were not
prepared 23 CFR 172.7 (a) (1) (v) (B)
Conflict of interest requirement for
evaluation panel members was not met
(Exhibit 10-T was not submitted)
LAPM 2013, Chapter 10.9
An acceptable method of payment was
not specified in the RFP 23 CFR 172.9 (b) (1)
A maximum contract amount was not
specified in the RFP 23 CFR 172.9 (a) (3) (ii)
Debarment and suspension verifications
were not performed 23 CFR 172.7 (b) (3)
Inaccurate on-demand service
procedure 23 CFR 172.9 (a) (3) (iv) (B)
Price negotiations were not performed 23 CFR 172.7 (a) (1) (v) (A)

City of Montebello Interim Incurred Cost Audit
11 ATTACHMENT C - Summary of City Procurement Guidelines & Policy Deficiencies Requirements Not Included in the City's Procurement Guidelines Deficiencies Criteria
Identification of selection committee members
23 CFR 172.7 (a) (1) (iv) (F)
Record of receiving proposals, statement of
qualifications
Evaluation and ranking records such as original
score sheets from all panel members, short list
questions and other documentation
Record of negotiations (to include a separate
negotiation of profit in accordance with
federal guidelines)
23 CFR 172.7 (a) (1) (v) (E)
A&E Consultant Audit Request Letter and
Checklist (Exhibit 10-A)
LAPM Chapter 10.1.8
Consultant contract checklists (Exhibit 10-C)
Consultant Certification of Costs and Financial
Management (Exhibit 10-K)
Contract oversight and progress meeting
documents
Executed consultant contracts, cost proposals
and amendments (Exhibit 10-R)
Performance evaluation (Exhibit 10-S)
Certifications and Conflict of Interest forms
(Exhibit 10-T, Exhibit 10-U)
Documentation of DBE participation
City of Montebello Interim Incurred Cost Audit
12 Continued
Requirements Not Included in the City's Municipal Code Policy Deficiencies Criteria
Conflict of Interest (No requirement for Exhibit 10-
T)
LAPM Chapter 10.9;
23 CFR 172.7 (b) (4)
Advertisement for Request for Proposals is not a
minimum of 14 days 23 CFR 172.7 (a) (1) (ii) (G)
Does not conform to the 23 CFR 172, 23 CFR 635,
LAPM Chapter 10
Caltrans/City agreement
No.07-5247F15 Article I (9)

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: David Sosnowski, Director of Recreation and Community Services SUBJECT: Adopt Resolution No. 22-54 Authorizing the Waiving of Facility Rental Fees for Senior Clubs at the Montebello Senior Center
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Adopt a Resolution authorizing the Waiving of facility rental fees for senior clubs at the Montebello Senior Center; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Four (4) senior clubs currently utilize the Montebello Senior Center located at 115 S.

Taylor Avenue (“Senior Center”) in the City of Montebello to host meetings and events.

Based upon the City’s current adopted fee schedule, the senior clubs should be charged at the Category 2 fee for facility rentals, which is $10 per hour for meetings and $35 per hour for dances or other activities. In total, the City would receive approximately $18,200 in revenue from fees collected for club meetings and events.

Staff is recommending the City waive facility rental fees for the four (4) senior clubs listed below indefinitely, as they provide seniors with social opportunities that supplement City programming, allowing for community connections and engagement.

The listed senior clubs will still be required to pay Senior Center facility rental fees for any dates and times outside of their normal meeting and dance periods as identified in the attached Resolution (No. 22-54).

The waiving of fees will have an impact on projected revenue for the General Fund. The estimated $18,200 annually will not be realized for Fiscal Year 2022-23 and beyond.

ITEM #___ 26
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Adopt Resolution No. 22-54 Authorizing the Waiving of Facility Rental Fees for Senior Clubs at the Montebello Senior Center

However, this is a relatively modest loss of revenue that can be absorbed, as the end goal is to provide low-cost access to the City’s senior clubs.

BACKGROUND / ANALYSIS
The Senior Center is currently utilized by the following four (4) senior clubs to host meetings and events as listed in the attached resolution:
• Club Latino of Senior Citizens of Montebello
• Gad-A-Bouts Senior Citizens Club
• Happy Years Senior Club
• VIP Senior Citizen’s Club of Montebello
Previous to the pandemic there was also a Silver Year Senior Club that is now operated by City staff as a Tuesday social club, and is considered part of the Senior Center’s programming.

The clubs have been in existence since the early 1990’s and offer social opportunities for seniors in the Montebello community. Each club typically hosts a meeting and a dance once per week at the Senior Center. The clubs additionally offer other programming available to seniors, such as trips and luncheons.

Staff is recommending the City waive facility rental fees indefinitely for the senior clubs listed above due to the benefit they provide the Montebello senior community. The clubs currently pay the City’s Category 2 fee for facility rentals which is $10 per hour for meetings and $35 per hour for dances. In order to qualify to have facility rental fees waived, the senior clubs must have nonprofit status in current standing and proof of liability insurance on file. All senior clubs that currently utilize the Senior Center have necessary documents on file with the City. Additionally, senior clubs must be open to all seniors fifty years and older with no restrictions. Any newly formed Senior Clubs would be required to go through the normal Senior Center facility reservation process, including paying the City Council approved rental fees.

The senior clubs have not held formal meetings or events since March 2020 while the Senior Center was closed due to the pandemic. The Senior Center is now open for regularly scheduled programming and the senior clubs will begin their monthly activities.

Waiving fees for the senior clubs aims to make the Senior Center more accessible to the clubs and offer additional social opportunities and programming to the Montebello community. The City will nevertheless, reserve the right to rescind the facility rental fee waiver by further City Council action.

SUMMARY
Staff recommends that the City Council consider waiving facility rental fees indefinitely for the aforementioned senior clubs to utilize the Senior Center facility for their meetings and CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Adopt Resolution No. 22-54 Authorizing the Waiving of Facility Rental Fees for Senior Clubs at the Montebello Senior Center

dances. Senior clubs are vital to the health and wellness of the Montebello senior community and the City aims to make these social opportunities readily accessible.

ATTACHMENTS
A. Attachment A – Resolution No. 22-54

ATTACHMENT A
RESOLUTION NO. 22-54

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO, CALIFORNIA, APPROVING THE WAIVING OF SENIOR CENTER FACILITY RENTAL FEES FOR SPECIFIED SENIOR GROUPS’

MEETINGS AND DANCES

RECITALS
WHEREAS, the Montebello City Council (“City Council”) adopts a user fee schedule from time to time which establishes fees charged for rental of City of Montebello (“City”) owned facilities; and
WHEREAS, the City desires to waive Montebello Senior Center (“Senior Center”) facility rental fees for the following clubs: the Club Latino of Senior Citizens of Montebello, the Gad-A-Bouts Senior Citizens Club, the Happy Years Senior Club, and the VIP Senior Citizen’s Club of Montebello to host their club meetings and dances (collectively, the “Senior Groups”); and
WHEREAS, the Senior Groups have a long-standing history of facility use for meetings and dances at the Senior Center; and
WHEREAS, the Senior Groups are vital to the health and wellness of the Montebello senior citizen community; and
WHEREAS, the City Council desires to make these Senior Groups more readily accessible through the waiving of Senior Center facility rental fees in the interest to provide enhanced social opportunities for the senior citizen population at large.

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

APPROVES THE WAIVING OF SENIOR CENTER FACILITY RENTAL FEES FOR SPECIFIC SENIOR GROUPS’ MEETINGS AND DANCES; AND
SECTION 1. Waive Senior Center rental fees for the following Senior Clubs’ meetings and dances:

A. Dates and Times of Waived meetings and dances:

1. Club Latino of Senior Citizens of Montebello; 1st and 3 rd Saturday of
each month, meeting from 9-11a.m. and dance from 12-3 p.m.

RESOLUTION NO. 22-54

2. Gad-A-Bouts Senior Citizens Club; every Wednesday - meeting from 11 a.m. – 12 p.m.

3. Happy Years Senior Club; every Thursday – meeting from 10 a.m. – 12 p.m. and dance from 12 – 4 p.m.

4. VIP Senior Citizen’s Club of Montebello; every Friday - meeting from 12- 1 p.m., and dance from 1-4 p.m.

B. The waiver of rental fees shall not apply to those meetings and dances held outside of the approved dates and time listed in Section 1, paragraph A of this Resolution.

SECTION 2. The facility rental fees shall be waived indefinitely provided the listed Senior Clubs comply with all required policies, rules, City codes, local and state laws.

The City reserves the right and authority to rescind this Resolution and reinstate any applicable facility rental fees at any time by and through further action of City Council.

SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
RESOLUTION NO. 22-54

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-54 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 meeting of said Council held on the 22nd day of June 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

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Fire Chief Fernando Pelaez, Fire Department
SUBJECT: Approve Submission of Application for the Los Angeles County Measure B Grant 2022
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve the submission of a grant application for the Los Angeles County Department of Health Services, Emergency Medical Services (EMS) Agency, Measure B Grants Program; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The Los Angeles County Department of Health Services, Emergency Medical Services (EMS) Agency Measure B Grants Program currently has a funding opportunity to submit a competitive grant application in partnership with Culver City Fire Department. The scope of the project is to purchase lifesaving emergency equipment. The City could potentially receive up to $26,000 in grant funding. This funding opportunity has no local matching funds requirement. If the grant is awarded and once the award amount is determined, staff will return to the City Council with a request to enter into an agreement with Culver City Fire Department to receive equipment and/or funds to purchase equipment, as well as request appropriation of the funds.

BACKGROUND
The Los Angeles County Emergency Medical Services (EMS) Agency coordinates Measure B funding through its Advisory Committee. Measure B is a special property ITEM #___ 27
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Submission of Application for the Los Angeles County Measure B Grant 2022

assessment that was passed by the voters of Los Angeles County on November 5, 2002.

This assessment is imposed upon all improvements (buildings) located in Los Angeles County and is added to Los Angeles County property taxes to provide funding for the Countywide System of Trauma Centers, Emergency Medical Services, Bioterrorism Response and Administration. Proposals for Measure B funding are submitted each year from April 15 through July 15. The proposals must meet the authorized uses for Measure B funding and the established goals.

Funded activities must fall within one of the following areas: Trauma Centers, Emergency Medical Services, Bioterrorism Response and Administration. The funding is to improve public health and safety and emergency medical response.

DISCUSSION
The objective of the Los Angeles County Emergency Medical Services (EMS) Agency, Measure B grants program is to fund emergency medical projects and activities that focus on improving emergency medical services. The Montebello Fire Department is seeking to submit a grant proposal in partnership with the Culver City Fire Department for funding that will be used towards emergency response equipment utilized by Operations/Suppression personnel.

The Culver City Fire Department will serve as the lead agency on the Measure B Grant and will be the pass-through agency for the following Fire Departments: Pasadena, Santa Monica, Long Beach, Burbank, Montebello, and Monrovia. This joint endeavor is a regional effort by local municipal fire departments to share resources and ensure up-todate emergency equipment is available to all regional local fire departments.

Once the proposed project is awarded, the Department will enter in to a sub-agreement between Culver City Fire Department and each individual department. The agreement is intended to ensure that each department receiving Measure B funding complies with the Los Angeles County Contract Grant. The additional funding resources would provide much needed operational infrastructure to support the Fire Department’s overall strategic goals in the delivery of fire services to the community.

SUMMARY
That the City Council approve the submission of the grant proposal application for the Los Angeles County Emergency Medical Services Agency Measure B Grant 2022.

ATTACHMENT:

None

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: Approve Issuing an Unarmed Transit Security Guard Services Request for Proposal, No. 22-7
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve issuing an Unarmed Transit Security Guard Services Request for Proposal, No. 22-7 (RFP No. 22-7); and
2) Take such additional, related action that may be desirable.

FISCAL IMPACT
There is no fiscal impact related to issuing RFP No. 22-7 for unarmed transit security guard services (see Attachment “A”). Once a contractor (Contractor) is selected for award, the City Council will be presented an agreement for approval and recommendation to amend the Fiscal Year (FY) 2022-2023 Budget as needed to appropriate funds. The requested services will be funded primarily with FY 2022-2023 Proposition C 5% Security funds, which are accounted for in the Transit Operating Fund (Fund 600).

BACKGROUND
The City of Montebello (City) operates Montebello Bus Lines (MBL) to provide public transportation services to the City and neighboring communities. The City is soliciting competitive proposals from fully qualified and experienced security Contractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system. RFP No. 22-7 seeks a Contractor that will work with MBL, the Montebello Police Department (MPD), and jurisdictional partners to provide a ITEM #___ 28
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Issuing an Unarmed Transit Security Guard Services, Request for Proposal No. 22-7

safe and secure environment for our passengers and bus operators, generate positive customer engagement, and address nuisance behaviors within MBL’s transit system. The Contractor will deploy unarmed transit security guards wearing noticeable uniforms, to patrol the system and engage with passengers; and provide a visible and accessible security presence for MBL’s eight (8) fixed-routes, the Montebello/Commerce Metrolink Station, and MBL’s main transportation facility.

As MBL strives to increase its security profile, staff recommends that the City adopt a hybrid security deployment strategy that utilizes contracted security with oversight and support from the MPD. The security Contractor will be properly trained, supervised, and have performance metrics that will allow both MBL and MPD to manage their activities.

This approach will expand MBL’s security presence and create an environment that gives passengers and bus operators peace of mind as they ride within our transit system.

Once approved, the notice inviting proposals will be published using Planetbids.com, Masstransitmag.com, Transittalent.com, and the Wave Newspaper, beginning June 23, 2022. All bids will be submitted through the Planetbids.com platform. The due date for all proposals will be August 11, 2022. It is anticipated that a Contractor will be selected in August, with an award of a professional services agreement brought before the City Council for consideration shortly thereafter.

ANALYSIS
MBL requests approval to issue RFP No. 22-7, to identify a Contractor that will provide unarmed transit security guard services for the agency’s transit system. The Contractor will deploy security officers to perform the services outlined in RFP No. 22-7, for a threeyear (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms. The selected Contractor will furnish all insurance, licenses, permits, supervision, equipment, uniforms, transportation, labor, benefits, and taxes throughout the term of the agreement.

A selection process will be used to evaluate proposals based on various qualitative components, and award an agreement based on a combination of price and qualitative considerations. Qualitative considerations include a management plan, quality of proposed personnel, qualifications and experience, and technical approach.

Qualitative and Price Considerations
1 Project Management Plan 20 points
2 Proposed Team 10 points
3 Qualifications and Experience 15 points
4 Technical Approach 30 points
5 Best Price Proposal 25 points
Total 100 points
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Issuing an Unarmed Transit Security Guard Services, Request for Proposal No. 22-7

The award selection will be based upon consideration of a combination of qualitative and price factors to determine the offer deemed most advantageous to the City.

SUMMARY
Staff recommends that the City Council approve issuing RFP No. 22-7, attached hereto in substantial form, for unarmed transit security guard services; and direct staff to take such additional related, action that may be desirable.

ATTACHMENT:

A. Attachment A – Request For Proposal (RFP) No. 22-7
Montebello Bus Lines
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 22-7
Unarmed Transit Security Guard Services
June 23, 2022

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://www.planetbids.com

ATTACHMENT A
Unarmed Transit Security Guard Services RFP No. 22-7
2 Montebello Bus Lines

TABLE OF CONTENT
Section Page(s)
INTRODUCTION 3
COVER LETTER 4
TIMETABLE & SCHEDULE OF EVENTS 5
PROPOSAL SUBMISSION CHECKLIST 6
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16
Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
State Credentials and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - OTHER REQUIREMENTS 17-19
Licensing and Permit Requirement
Liquidation Damages
Bond Requirements
SECTION 4 - SCOPE OF WORK 19-30
SECTION 5 - QUALIFICATIONS 31
Unarmed Transit Security Guard Services RFP No. 22-7
3 Montebello Bus Lines
SECTION 6 - FORM OF CONTRACT (SAMPLE) 32- 43
SECTION 7 - FORMS AND CERTIFICATIONS 44-46
Letter of Transmittal

EXHIBITS
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Statement of Disadvantaged Business Enterprise Participation Exhibit F – Bidder’s List of Subcontractor (DBE and Non- DBE) Exhibit G – Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions
Exhibit H – Performance Guarantee Certification
Exhibit I – Performance Bond
Exhibit J – Irrevocable Standby Letter Of Credit Certificate Exhibit K – Bank Draft
Unarmed Transit Security Guard Services RFP No. 22-7
4 Montebello Bus Lines
Introduction/ Background
The City of Montebello (“City”), Montebello Bus Lines (“MBL”), is soliciting competitive proposals from fully qualified and experienced security contractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system. MBL’s top priority is to provide safe and secure public transportation services to City residents and neighboring communities.

As the third-largest municipal bus system in Los Angeles County, MBL proudly serves 4.5 million passengers annually throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whittier.

MBL’s transit system consists of 35-40ft buses (including three electric buses); thirty-eight hybrid and twenty-eight Compress Natural Gas (CNG) buses, one 25ft cutaway shuttle, nearly 1,000 bus stops, and 2 transit hubs. The agency provides service to eight fixed routes, the longest of which is 27.2 miles. On any given week the buses are on the road for an average of 810 hours, providing connections to neighboring transit agencies such as METRO, Norwalk Transit, Foothill Transit, and Metrolink.

The awarded contractor (“Contractor”) will work with MBL, the Montebello Police Department (“MPD”), and jurisdictional partners to provide a safe and secure environment for our passengers and bus operators, generate positive customer engagement, and address nuisance behaviors within MBL’s transit system. The Contractor will deploy unarmed transit security guards wearing noticeable uniforms, to patrol the system and engage with passengers; and provide a visible and accessible security presence for MBL’s eight (8) fixed-routes, the Montebello/Commerce Metrolink Station, and MBL’s main transportation facility. In additon, the Contractor will be required to comply with Equal Employment Opportunity laws and all applicable federal, state and local laws, and requirements. The City hereby notifies all Contractors/Offerors that the City will affirmatively assure that Disadvantaged Business Enterprises (“DBE”) are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole with funding provided under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award. Proposals must be submitted in accordance with the conditions outlined in the Request for Proposal (“RFP”) attached hereto.

The City reserves the right to reject any or all proposals, to waive information or irregularities to the extent permitted by law in any proposal received, and to be the sole judge of the merits of the respective proposals received.

Unarmed Transit Security Guard Services RFP No. 22-7
5 Montebello Bus Lines
DATE: June 23rd, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 22-7
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES

UNARMED TRANSIT SECURITY GUARD SERVICES
The City of Montebello (City), Montebello Bus Lines (MBL), invite proposals from fully qualified and experienced security contractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system.

The term of the proposed agreement shall be for three-year term with two one-year term options commencing upon the date of the contract execution between the City and the successful Contractor.

A Pre-Proposal Meeting will be held on Thursday, July 7, 2022. The meeting will convene at 10:00 AM Pacific Standard Time in the Transportation Building located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting. Proposers must abide by all Federal, State, local, and City coronavirus (COVID-19) protective measures (e.g., face coverings) at all times while onsite.

It is highly recommended that all potential proposers (“Proposers”) attend this important meeting. All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be only with the following person [or his designated representative if applicable] (hereinafter, the “City’s Point of Contact”).

Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, employee, or City department other than the City’s Point of Contact set forth above shall not be considered valid and the City will not be bound by any such comments or responses. Inquiries received via telephone or orally inperson will not receive a response.

Proposals must be received by Thursday, August 11, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

All proposals must contain an original signature by an authorized officer of the company.

The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective Proposers that the City will require each Proposer Unarmed Transit Security Guard Services RFP No. 22-7
6 Montebello Bus Lines
affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and sub-contracts financed in part or in whole under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

The City reserves the right to reject any or all proposals, to accept all or any part of any proposal, to waive any informality or minor irregularities in any proposal received to the extent permitted by law and where such action best serves the interest of the City, and to be the sole judge of the merits of the respective proposal received.

The City and MBL is committed to ensuring that no person is excluded from participation in, or denied the benefits of its programs and/or services on the basis of race, color or national origin in accordance with FTA Circular 4704.1 and Title VI of the Civil Rights Act of 1964, as amended ("Title VI"). In addition to Title VI, NTS also prohibits discrimination based on sex, age or disability.

Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with MBL. For more information on MBL’s Civil Rights Program, and the procedures to file a complaint, contact:

Name: Lupita Ibarra
Title: Director of Transportation
Address: 400 S. Taylor Ave.

Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com
You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

U.S. Department of Justice
Civil Rights Division
Federal Coordination and Compliance Section, NWB
950 Pennsylvania Avenue, N.W. Washington, D.C. 20530
More information on Title VI is available from the Justice Department online at www.justice.gov

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday June 23th, 2022
Pre-Proposal Meeting Thursday July 7th, 2022
Deadline to Submit Questions Thursday July 14th
, 2022, at 3:00 PM PST
Responses to Questions Provided Tuesday July 26th, 2022 Deadline to Submit Proposals Thursday August 11th, 2022, at 3:00 PM PST Presentations & Intent to Award Week of August 22nd, 2022 Unarmed Transit Security Guard Services RFP No. 22-7
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PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the Proposal. Failure to return this checklist may be cause for considering the Proposal non-responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 5
2 Letter of Transmittal Page # 44
3 Licensing, Permits, and Certificates Page # 17
4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Statement Of Disadvantaged Business Enterprise Participation Exhibit E 9 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit F 10 Certification Regarding Debarment, Suspension…. Exhibit G 11 Performance Guarantee Certification Exhibit H
12 Performance Bond Exhibit I
13 Irrevocable Standby Letter Of Credit Certificate Exhibit J 14 Bank Draft Exhibit K

OPTIONAL ITEMS
15 Requests for exceptions or deviations. Page # 8
Company Name:

Name of Proposer initialing document (print):

Email address of Company Contact:

Signature:

Title:

Date:

Unarmed Transit Security Guard Services RFP No. 22-7
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SECTION 1 - INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal (accessed through the City of Montebello’s official website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html) up to the hour of 3:00 p.m. on Thursday, August 11, 2022.

All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above listed date and time will not be considered.

Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS,
· QUALIFICATIONS,
· SCOPE OF WORK.

Proposals shall be typed, single-spaced and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and Proposers references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.

All requests for exceptions or deviations as a result of this RFP shall be clearly identifiable by a separate section of the Proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.

Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non-responsive. Unauthorized conditions, limitations, or provisions attached to a Proposal will render the proposal non-conforming and non-responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. Proposer submitting basic conforming proposals may choose to submit alternate proposals as complete and separate offers, if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. Any and all alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.

Proposal documents shall be deemed to include by reference each and every one of the following:

1. Request for Proposal (RFP)

2. Addenda to RFP

3. Supplements to RFP

4. All other required forms
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EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under this RFP, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods and services necessary to perform the Scope of Work and/or meet the specifications outlined in this RFP, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement. The City will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

CLARIFICATIONS
Should a Proposer require clarifications of this RFP, the Proposer shall notify the contact person identified in this RFP in writing. Should the City, in its sole discretion, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. Said addendum shall be posted on the PlanetBids.com web page.

All questions, clarifications or comments must be submitted to or no later than 3:00 pm, Thursday, July 14th, 2022. No questions will be answered individually by the City or Transportation Departments.

Requests for clarification, questions and comments must be clearly posted on the PlanetBids Q & A section. The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the City to the clarifications, comments and questions will be communicated via PlanetBids.

Every attempt will be made to provide responses to all Proposers in accordance with the procurement schedule for this RFP. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

Requests for clarifications and questions should be formatted in the following manner:

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question
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DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Companies must satisfy themselves by personal examination of any work site, drawings, Scopes of Work and by any other means as they may believe necessary, as to the actual physical conditions, requirements and difficulties under which the work must be performed. No Proposing Company shall at any time after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Buyer and clarified prior to the submission of proposals.

WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City prior to the scheduled deadline for Proposal submission or within six months following the scheduled deadline for Proposal submission when no contract has been awarded.

REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.

At the discretion of the Evaluation Committee, the City may elect to perform site visits at the Proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members may travel, at City expense, to sites at which finalist Proposers are performing like services. The purpose of such visits shall be to provide the evaluation team with an increased understanding of the process and assess the Proposer’s implementation and performance.

PROPOSAL SIGNATURES
If an individual makes the proposal it shall be signed and the full name and address of the Proposer shall be given.

If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.

If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized Officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. Certified letter is to be included in the proposal accompanied with the Letter of Transmittal.

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre-contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
· Preparing the proposal in response to this request.

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· Submitting that proposal to the City.
· Negotiating with the City any matter related to this proposal, and/or · Any other expenses incurred by the Proposer prior to date of award.

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 Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any information within 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.

4. Cancel the entire RFP;

5. Issue subsequent RFPs;

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

STATE CREDENTIALS AND TAXES
The Proposer shall be appropriately licensed in accordance with the laws of the State of California for the work to be performed. The cost for any required licenses and/or permits shall be the responsibility of the successful Proposer. The successful Proposer is liable for any and all taxes due as a result of the contract.

RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS
The Proposer’s products, services, and facilities shall be in full compliance with all applicable Federal, State and local regulations, standards and ordinances, regardless of whether or not they are referred to in the RFP.

CONFIDENTIALITY AND PUBLIC RECORD
All Proposers are hereby put on notice that each proposal received shall become the exclusive property of the City and, unless the City’s prior written agreement to maintain all or part of a proposal confidential as a trade secret is first obtained, each proposal shall be subject to disclosure pursuant to the California Public Records Act and/or the Federal Freedom of Information Act. The City shall not in any way be liable or responsible for the disclosure of any proposals or portions thereof absent such agreement; nor shall such agreement preclude the City from disclosing any Proposal or portion thereof where such disclosure is required by law.

JOINT OFFERS
Where two or more Proposers desire to submit in response to this RFP, they shall do so on a prime-sub Contractor basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of joint Unarmed Transit Security Guard Services RFP No. 22-7
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venture or partnership between two (2) existing Proposers may be considered collusive and may be rejected as non-responsive.

COMPANY PERSONNEL
It shall be the burden of the successful Proposer to ensure all personnel possesses qualifications and/or experience. All personnel required in performing the services herein shall be secured at the expense of the successful Proposer. Personnel shall not be employees of or have any contractual relationship with the City. Successful Proposer’s personnel shall conduct themselves in a professional manner to all City employees at all times. Rude or discourteous behavior by the successful Proposer will not be tolerated and the offense can be justification for termination of contract. All sub-Contractors of successful Proposer shall abide by all the requirements set forth in this section.

SINGLE PROPOSAL RESPONSE
If only one proposal is received in response to this RFP, a detailed cost/price proposal may be requested of the Proposer. A cost or cost and price analysis and evaluation and/or audit of the cost may be performed in order to determine if the price is fair and reasonable. If the City determines a cost analysis is required, Proposer must be prepared to provide, upon request, cost summaries of estimated costs (i.e. labor, equipment, supplies, overhead costs etc.) and documentation supporting all cost elements.

PROTEST PROCEDURES
All protests must be filed in accordance with the following:

1. The protest must be in writing and identify the solicitation (RFP) number.

2. The protest must be submitted by some return receipt method or guarantee of delivery that insures that the protest was received in a timely manner. The City is not responsible for lost or delayed deliverables.

3. The party’s standing to protest must be identified.

4. Identification of the specific provision, law, regulation, specification, procedure or policy violated.

5. A statement of the relief requested.

Protests related to the content of the RFP shall be received no later than ten (10) days prior to the proposal due date; or within five (5) days after proposal opening. If the Protest does not comply with the preceding requirements it may not be evaluated and may be returned to the Protestor.

All protests shall be submitted to the contact person identified in this solicitation. If the solicitation is funded with Federal Transit Administration (FTA) monies, a protest may be filed with the FTA. However, the FTA only accepts protests alleging that a grantee failed to have written protest procedures or did not comply with those procedures or protests that involve a conflict of interest or fraud.

INCORPORATION OF PROPOSAL INTO AGREEMENT
This RFP and the Proposer’s response, including all promises, warranties, commitments and representations made in the successful proposal, shall be binding and incorporated by reference in the City’s contract with the successful Proposer.

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TIME OF COMPLETION
The Contract time shall commence from the date on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the time period specified in the Request for Proposal. In case the services under the terms of these provisions and related professional contract shall be necessarily delayed because of strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the successful contractor (the “Contractor”), the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Contractor and MBL.

PAYMENT
A separate invoice, referencing the respective purchase order number, shall be issued in duplicate for each invoice shown in the payment schedule, and addressed to: City of Montebello, Attn: Accounts Payable, 1600 West Beverly Boulevard, Montebello, California, 90640.

Payment will be made within thirty (30) days after acceptance and approval of invoice.

Payment Schedule: Monthly
Provide (1) One invoice monthly.

CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, MBL prior to becoming a Contract modification.

Contract Termination: MBL may terminate any resulting Contract for convenience at any time by giving the Contractor written notice thereof. Upon termination, MBL shall pay the Contractor his allowable cost incurred to date of termination, and those costs deemed reasonably necessary by MBL to effect such termination, determined in accordance with Part 1-8.705-1 of the Federal Procurement Regulations (41CFR 1-8) or other applicable portion(s) of said Regulations. In addition, MBL shall pay the Contractor a percentage of the project, which relates to Contract work accomplished to date of termination. The effective date of termination shall be the date of Notice of Termination.

In the event the Contractor breaches the terms or violates the conditions of the Contract, and does not within ten days, thereafter, cure such breach of violation, MBL may immediately terminate the Contract for default. The Contractor shall be liable for any and all costs incurred by MBL as a result of such default.

SCOPE OF CONTRACT
The Contractor shall provide all services necessary as per the Scope of Work described in this Request for Proposal.

PERFORMANCE OF WORK
It is the intent of these specifications to provide only services of the highest quality. The cost to be quoted and submitted shall include all items of service and any other costs necessary to fully complete the work pursuant to the provisions. It is the aim of these specifications that the Contractor provide complete services Unarmed Transit Security Guard Services RFP No. 22-7
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of the type prescribed. Any items omitted from such specifications which are clearly necessary for the completion of such services shall be considered a portion of such services, although not directly specified or called for in these specifications. No advantage shall be taken by the Contractorin the omission of any detail which goes to make the services complete, even though such detail is not mentioned in these specifications.

AWARD OF CONTRACT
The agreement resulting from this RFP (the “Agreement”) will be awarded to the responsive and responsible Proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous (“Best Value” as described in the Federal Transit Administration Circular 4220.1F) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFPs.

An Evaluation Committee comprised of MBL staff, in accordance with the Proposal Evaluation Criteria set forth in Evaluation Criteria section of this RFP, will evaluate all the proposals. During the evaluation period, the City may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.

The City may negotiate contract terms with the selected Proposer prior to award, and expressly reserves the right to negotiate with several Proposers simultaneously and, thereafter, to award a contract to the Proposer offering the most favorable terms to the City. However, negotiations may or may not be conducted with Proposers; therefore, the proposal submitted should contain the most favorable terms and conditions, since the selection and award may be made without discussion with any Proposer.

No agreement shall exist until the City Council or City Manager has awarded the Agreement and it has been mutually executed. The City reserves the right to reject any and all proposals for any reason, to waive any informality or minor errors as determined by the City in any proposal and to award the Agreement as the best interests of the City may require. The award, if any, may be made by the City within ninety (90) calendar days after the opening of the proposals.

Point of Contact
This RFP is issued by the City, and the Senior Procurement Analyst will be the sole point of contact (“Point of Contact”) during the RFP submission and procurement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the City, other than as coordinated by the Point of Contact, may be grounds for disqualification. Any inquiries or requests during this submission or procurement process shall be submitted in writing to the following Point of Contact:

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City of Montebello Transportation Department
Attention: Rohan Anderson,
Senior Procurement Analyst
400 South Taylor Ave.

Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]
If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective Proposers via PlanetBids.com

EVALUATION OF PROPOSALS
MBL uses a selection process in which proposals contain both price and qualitative components, and award is based upon a combination of price and qualitative considerations. Qualitative considerations may include experience and qualifications, technical approach, quality of proposed personnel, and/or management plan. The award selection is based upon consideration of a combination of technical and price factors to determine the offer deemed most advantageous to MBL.

An evaluation committee will be appointed to review all proposals. The committee will be comprised of MBL staff. Committee members will initially evaluate each proposal using the pass or fail criteria identified herein. Proposers who pass this first stage of testing will progress to the next step in the evaluation.

On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the twostep process. Technical proposals will be reviewed and scored first without consideration for price. The committee will then open the cost and price proposals and evaluate and score them accordingly. During the technical evaluation, the committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarification. After both the technical and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal.

A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluation process is complete and submit a final recommendation to the Director of Transportation.

If the committee determined it to be necessary, it may then conduct interviews and negotiations with short-listed Proposers. As no other interview dates are available. Proposers who are unable to attend their interview as scheduled may be eliminated from further participation. The interview may consist of a short presentation by the Proposer after which MBL may ask questions and/or request clarification related to any element of a proposal and its qualifications. MBL may also enter negotiations with the Proposer.

At the conclusion of interviews and negotiations, the evaluation committee may choose to proceed using one of the following processes:

The committee may find it necessary to re-score the proposals in light of information gained during the interviews and negotiations process. The proposals will be scored in the same manner as the original proposals.

The committee may ask the Proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for submission of the revised proposals. If a Proposer is unable to meet the deadline Unarmed Transit Security Guard Services RFP No. 22-7
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or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.

Proposers remaining within the competitive range may be asked to submit a Best and Final Offer (BAFO).

In the BAFO request, the Proposers may be asked to provide additional information, confirm or clarify issues and submit a final cost/price offer. A deadline for submission will be stipulated. The BAFO’s will be scored in the same manner as the original proposals.

After the BAFO’s are evaluated and scored, the evaluation committee may recommend a proposal with the highest final ranking or a short list of top ranked proposals within the competitive range whose offers(s) are the most advantageous to MBL.

MBL will evaluate the offers based on the following criteria: Pass/Fail Criteria · Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that proposer can meet the insurance requirements in the RFP should be attached to proposal. (P/F)
· Proposer has demonstrated at least five (5) years of transit security service experience. (P/F) · Proposer has demonstrated previous experience working for or with public agencies, transit entities, or corporations on security project. (P/F)
If the Proposer does not meet any of the criteria mentioned above, their proposal may not be considered for evaluation:

EVALUATION CRITERIA
Award will be made to the Offeror whose proposal offers the best value to the City. Proposals that meet the pass/ fail criteria now will be evaluated in accordance with the following criteria:

Qualitative Considerations
The Proposer’s qualitative proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the Proposer’s knowledge of the standards outlined in the Scope of Work. 20 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of Security Services.
10 points
3 Qualifications and Experience
Demonstrate experience completing security services projects of the same or similar magnitude. Presentation of a catalog of transit security experience and expertise most advantageous to the City.
15 points
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4 Technical Approach
Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting. 30 points
TOTAL 75 points
Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The Proposer’s Price proposal will be compared to the proposal with the Best Value to the City. The best value responsive price will receive the total weighted value for this criterion.
25 points
TOTAL 25 points
All other Price proposals will be scored as follows:

Proposer Price Score = Best Price proposal x 25 (Total Points Available for Price Evaluation).

SECTION 3 - OTHER REQUIREMENTS

LICENSING AND PERMITS
The Contractor shall be licensed, bonded, and experienced in performing the services described in the Scope of Work and shall provide evidence of current licensing and permits as required by local, State, and Federal regulations in providing such services including, but not limited to, a California Private Patrol Operator’s License issued by the Department of Consumer Affairs.

The Contractor and its employee shall possess all licenses, registrations and permits required by the California Department of Consumer Affairs, Bureau of Security and Investigative Services. The contractor is responsible for ensuring that any Security Guard working at an MBL site is properly licensed under California law.

Contractor’s security guards shall be registered and have a valid guard registered card in their possession while on duty. Guard registration guard shall be presented to MBL upon request. If a guard is unable to present his/her guard registration card upon demand, he/she shall be relieved from duty and the contractor shall provide a security guard who has appropriate credentials in his/her possession.

LIQUIDATION DAMAGES
MBL commits to working cooperatively with the Contractor to resolve personnel and Contract performance challenges as they may arise, however, certain proven contractual violations may result in the assessment of liquidated damages at MBL’s discretion.

Whenever assessed, the Contractor will provide a credit letter in the amount specified to be applied to a subsequent invoice. Each such credit letter will include information concerning the date, time and nature Unarmed Transit Security Guard Services RFP No. 22-7
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of the violation(s), the amount assessed for each and the total amount credited. Failure to comply with any aspect of the Scope of Work may result in a credit to MBL of $250 per violation.

BOND REQUIREMENTS
Bid Guarantee
The Contractors shall furnish a bid guarantee in the form of a bid bond, or certified treasurer’s or cashier’s check issued by a responsible bank or trust company, made payable to the City. The amount of such guaranty shall be equal to 10% of the first year bid price.

In submitting this bid, it is understood and agreed by the Contractor that the City reserves the right to reject any and all bids, or part of any bid, and it is agreed that the Bid may not be withdrawn for a period of (90) days subsequent to the opening of bids, without the written consent of City.

It is also understood and agreed that if the undersigned bidder should withdraw any part or all of his bid within (90) days after the bid opening without the written consent of the City, or refuse or be unable to enter into an agreement as provided above, or refuse or be unable to furnish adequate and acceptable Performance and Payment Bonds, or refuse or be unable to furnish adequate and acceptable insurance, as provided above, it shall forfeit its bid guarantee to the extent City’s damages occasioned by such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate security thereof.

It is further understood and agreed that to the extent the defaulting Contractor's bid guarantee shall prove inadequate to fully recompense the City for the damages occasioned by default, then the undersigned Contractor agrees to indemnify the City and pay over to the City the difference between the bid guarantee and City’s total damages so as to make City whole.

The undersigned understands that any material alteration of any of the above or any of the material contained herein, other than that requested will render the bid unresponsive (Exhibit H. Performance Bid Guarantee). A copy of the bid bond can be submitted via the PlanetBids.com Portal.

Performance Guarantee
A Performance Guarantee in the amount of 100% of the Agreement first year value is required by the City to ensure faithful performance of the Agreement. Either a Performance Bond or an Irrevocable Standby Letter of Credit shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Agreement execution (Exhibit I. Performance Bond). The City requires all Performance Bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond protection when the contract price is increased. The increase in protection shall generally equal 100 percent of the increase in the contract price. The City may secure additional protection by directing the Contractor to increase the amount of the existing bond or to obtain an additional bond.

If the Contractor chooses to provide a Letter of Credit as its Performance Guarantee, the City shall furnish with its bid, certification that an Irrevocable Standby Letter of Credit will be furnished should the Bidder become the successful Contractor. The Contractor shall also provide a statement from the banking Unarmed Transit Security Guard Services RFP No. 22-7
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institution certifying that an Irrevocable Standby Letter of Credit for the action will be provided if the Contract is awarded to the Bidder. The Irrevocable Stand-By Letter of Credit will only be accepted by the City if:

1. A bank in good standing issues it. The City will not accept a Letter of Credit from an entity other than a bank.

2. It is in writing and signed by the issuing bank.

3. It conspicuously states that it is an irrevocable, non-transferable, “standby” Letter of Credit.

4. The City is identified as the Beneficiary.

5. It is in an amount equal to 100% of the Contract first year value. This amount must be in U.S. dollars.

6. The effective date of the Letter of Credit is the same as the effective date of the Contract.

7. The expiration date of the Letter of Credit coincides with the term of this Agreement.

8. It indicates that it is being issued in order to support the obligation of the Contractor to perform under the Contract. It must specifically reference the Contract between the City and the Contractor the work stipulated herein.

The issuing bank’s obligation to pay will arise upon the presentation of the original Letter of Credit and a certificate and draft (similar to the attached forms contained in Exhibit J. Irrevocable Stand-By Letter of Credit Certificate and Exhibit K. Bank Draft) to the issuing bank’s representative at a location and time to be determined by the parties. This documentation will indicate that the Contractor is in default under the Contract.

SECTION 4 – SCOPE OF WORK
The City, through MBL, is soliciting competitive proposals from fully qualified and experienced security Contractors, licensed in the State of California, to provide unarmed, fixed post and mobile security guard services for the City’s transit system. The purpose of these services is to patrol the system and engage with passengers; and provide a visible and accessible security presence for MBL’s eight (8) fixed-routes, the Montebello/Commerce Metrolink Station, and MBL’s main transportation facility. With oversight and support provided by MBL and the Montebello Police Department (“MPD”), the Contractor shall deploy security officers to perform the services, outlined in the Scope of Work, for a three-year term with the option for renewal of up to two (2) additional one-year (1-year) terms.

The selected Contractor shall furnish all insurance, licenses, permits, supervision, equipment, uniforms, transportation, labor, benefit and taxes throughout the term (3 years) of the agreement. The Contractor will adhere to all applicable State of California, Los Angeles County, and City rules and regulations. In addition, the City will suggest and provide policy direction that ensures all passengers arrive at their destination safely. The security Contractor will assist in the creation and implementation of safe practices.

Project Overview
As MBL strives to increase its security profile, staff recommended that the City adopt a hybrid security deployment strategy that utilizes contracted security with oversight and support from the MPD. The security Contractor will be properly trained, supervised, and have a performance metrics that will allow both MBL and MPD to manage their activities. This approach will expand MBL’s security presence and create an environment that gives passengers and bus operators a peace of mind as they ride within our transit system. MBL has adopted a hybrid security deployment strategy.

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The contracted security must be able to assess a situation quickly and take appropriate action, without hesitation, within their scope of authority. They must be capable of de-escalating most any situation and help to resolve conflicts that arise between customers, as well as between customers and Bus Operators.

They must be able to work cooperatively and effectively with their assigned partners, MBL Dispatch and Field Supervisors, MPD Transit Liaison Police Officers and other law enforcement personnel within the jurisdiction the buses are being operated.

During operation and non-business hours, the contracted security personnel must remain vigilant and attentive, assist in monitoring CCTV systems, and providing foot patrols on their assigned bus route or post in order to control access, prevent or detect crime and respond to incidents as appropriate.

Contractor employees assigned to MBL must be of the highest professional quality, well-trained and experienced in all relevant security, first aid and terrorism awareness concepts and able to provide excellent, attentive compassionate and unbiased customer and security service at all times.

Contractor Responsibilities
The Contractor will provide all services, locations, hours and staffing described herein, subject to prior MBL approval. Contractor agrees that the schedules set forth in a staffing plan may be changed at any time, without any penalty to MBL, provided MBL provides at least seven (7) business days’ notice of the change.

Contractor will provide and manage Security Officers and Security Supervisors for all shifts in accordance with this Scope of Work and the Post Orders.

Contractor will assign mobile Security Supervisors to conduct frequent Post Inspections each week, two (2) per night at each post (Transit main facility, Metrolink station, transit centers and of the on-duty Transit Security Liaison Officer teams) all during hours of darkness and at random times. The Supervisor will conduct these inspections and document and report them in the manner MBL approves. The Supervisor will observe and document relevant aspects of the security officer’s appearance, status and performance as MBL specifies and correct any deficiencies observed.

All contracted security personnel will receive training in and are required to know, understand and adhere to relevant MBL written policies and procedures such as those prohibiting workplace violence and sexual or other forms of harassment.

Transit Security Manager
The Transit Security Manager (TSM) primary functions are:
 Act on behalf of the Contractor on all matters related to the Agreement.  Report to and coordinate with City Representative(s) on a monthly basis.  Maintain an effective quality control and complaint resolution system.  Respond to Contract discrepancy reports on an as-needed basis.  Establish operational procedures in consultation with City Representative(s).  Develop post orders as needed in conjunction with City policy.  Meet with City designated City representative on a regular basis.  Ensure compliance with contractual staffing, training, and equipment requirements.

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The position is the primary “Point of Contact” for the contracted security. The assigned will report to Transportation Operation Manager or designee. TSM must be knowledgeable about and adhere to Contractor’s standards regarding safety and ensure compliance of subordinates through regular reviews and inspections.

Security Supervisor Responsibilities
Security Supervisor Personnel
Location: Transit System
The Transit Security Supervisor’s (TSS) primary functions are:
 Respond to on-site incidents involving subordinates or respond to requests from the City Representative(s) within one (1) hour following an occurrence/ request.  Conduct on-site supervision, inspection, and guidance to on-duty security officers.  Assure proper assignment and relief coverage. Notify the City Representative(s) of uncovered posts immediately and be prepared to step in.
 Review, correct, and approve subordinates’ logs and reports.  Maintain knowledge of City operational areas, facilities, and property as well as adjoining areas.

Apply security expertise to issues that arise and propose best-practices and solutions to TSM, MBL Operation Manager, MPD Transit Liaison Police Officer, City Representatives, and on-site security officers.
 Support TSM’s efforts to deliver high quality security services.  Ensure subordinates’ compliance to all terms of the Contract, post orders, and City policy, rules, and regulations.
 Provide detailed written results of investigations at the request of the City Representative.

The Transit Security Supervisors are working supervisors. They perform the same duties as the security officers they supervise, in addition to supervising and coordinating the activities of their respective teams, providing training, reviewing and approving all reports, logs and other documents their team members produce, consulting regularly with MBL Security Management and attending monthly supervisor meetings with the TSM.

Security Officers (Transit Security Liaisons) Responsibilities Facility Security Personnel
Location: 400 South Taylor Ave, Montebello, CA 90640
The Security Officers’ primary functions are:
• Excellent customer service
• Access control
• Foot patrol of assigned property(s)
• Accurate documentation of bus ingress and egress
• Boarding and inspecting buses entering the properties from regular service • Producing accurate and legible reports, logs and other documents • All in full accordance with the Scope of Work and Post Orders Unarmed Transit Security Guard Services RFP No. 22-7
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The Transit Security Liaisons (TSL) must remain professional, courteous and attentive at all times, be able to observe and accurately assess activities within and around their assigned properties and provide accurate and timely reporting when and as appropriate.

Metrolink Station and Tiny Homes Security Personnel
Location: 2000 Flotilla Street, Montebello, CA 90640
The Security Officers’ primary functions are:
• Provide trained and qualified unarmed security personnel to secure and protect the Metrolink Station, and the Tiny Homes site against fire, theft, accidents, safety hazards, damages, and trespass.
• Ensure the safety and security of the Metrolink Station patrons, the Tiny Homes participants and staff, and surrounding neighbors.
• Open/Close security gate to park-and-ride lot as needed. • Patrol the Metrolink Station, the external perimeter of the Tiny Homes site, and the surrounding vicinity on a continuous basis.
• Observe any criminal activity, fire, the threat to property or person, unusual activity or hazardous conditions at the Metrolink Station and the Tiny Homes site; and promptly report and take appropriate action. Immediately notify the appropriate law enforcement agency, fire department and/or medical aid provider as required.
• Maintain a professional and personable demeanor at all times while on duty – including, but not limited to, demonstrating discipline, integrity, accountability, and excellent appearance. • Periodically inspect all exits and respond to alarms indicating unauthorized use. • Require Security Contractor personnel to enforce City and security Contractor security policies, procedures and orders.
• For information not known to the security personnel, the expectation is that they will document questions from Metrolink Station patrons, and Tiny Homes participants and staff to ensure that information is received by City staff for appropriate follow-up. • Other assignments that may arise, on an as needed basis, and agreed upon by both parties in writing.

The TSL will be deployed 24/7 to increase the security presence at the Metrolink Station while monitoring the Tiny Homes external perimeter. This will strengthen the safety and security of the Metrolink Station patrons, the Tiny Homes participants and staff, and surrounding neighbors.

Transit System Security Personnel
Location: MBL Fixed-Route Transit System
The Security Officers’ primary functions are:
 TSLs are specialized security officers with a strong emphasis on safety who patrol the MBL system by riding buses, inspecting bus stops and zones for security concerns and providing foot patrols, all in full accordance with the Scope of Work and Post Orders.  TSLs function as contracted security officers first and second customer service personnel. Their primary responsibilities are to ensure the safety of all internal and external stakeholders, assist in Unarmed Transit Security Guard Services RFP No. 22-7
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developing security strategies for transportation operations, and utilize technology and equipment to implement security measures. Typically TSLs spend a majority of their shift patrolling and addressing security-related challenges that interfere with transit operations.  TSLs are highly-trained security officers with safeguard professional appearance and demeanor which helps to deter/prevent most Customer Code of Conduct-related challenges. However, they provide excellent customer service by welcoming customers to the system and educating customers and potential customers about the Customer Code of Conduct.  TSLs will not issue citations or other written warnings, and may never have to make a citizen’s arrest. They use excellent customer service, conflict resolution and de-escalation techniques to resolve disputes in an amicable manner that supports the Bus Operators, MBL Field Supervisors, contracted policing team and other public safety personnel and which encourages a welcoming and secure atmosphere for MBL’s customers, potential customers and employees. This requires familiarity and experience working with the diverse community MBL serves, including seniors, students, persons with disabilities (physical and intellectual) and non-English speakers (half of MBL customers primarily speak Spanish).

Initial Contract Deliverables
Upon receipt of a Notice to Proceed, the Contractor will:

Where applicable, commit to working cooperatively with the incumbent Contractor and MPD to ensure a smooth, seamless and uninterrupted transition of MBL’s security activities.

Post Orders
• Deliver first draft Post Orders, specific to each site and function, to Transportation Operation Manager or designee within three (3) business days
• Deliver final draft Post Orders to MBL’s Director of Transportation or designee within three (3) days of request for revision
• Deliver approved Post Orders to supervisors for each site and train to them. The supervisors are then responsible for training their teams and ensuring all assigned team members follow and periodically review the Post Orders, signing off on their review once per MBL fiscal quarter or whenever MBL or Contractor amends them
Final MBL-approved Post Orders are incorporated by reference and will become part of the Contract. Post Order information will include, but is not limited to:
• General safety and operational procedures
• Emergency procedures (including contact lists)
• Incorporate findings and recommendations from MBL’s recent security study: Threat and Vulnerability Assessment Report, Security Program Plan, and Security Program Implementation Table
• Daily activity and incident report procedures and forms • Patrol procedures
• Equipment operation
• Communications procedures
• Dress and grooming standards
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• Training procedures and requirements
• Photographs, maps and diagrams of each facility
• MBL policies including those describing Active Shooter response and prohibiting • Workplace Violence and Various Forms of Harassment
Patrol Plans
Deliver a proposed Patrol Plan for all sites within three (3) business days that includes, but is not limited to:
• The use of an approved electronic patrol management system (EPMS) • The approved EPMS will use smartphone/tablet technology to track and document security officer and supervisor movements, activities and observations throughout their shifts • Patrol methodologies
• Patrol documentation and reporting
• Paper report form templates for use in the event of EPMS failure Proposed Uniform Designs and Equipment
• Deliver images and descriptions of proposed uniforms and equipment within three (3) business days
• TSL uniforms should be consistent regardless of assignment; the officers should be interchangeable in the event there is dire operation need on one post verses another. • TSL uniforms should include Contractor and MBL logos, at minimum:
o Baseball cap (with MBL and Contractor logo), Heavy jacket (embroidered shoulder patches and badge), Windbreaker (embroidered shoulder patches and badge), Rain gear, Approved traffic control vest, Long and short sleeved shirts (No polos, embroidered shoulder patches and badge), Trousers (511-type for TSLs), Black socks, Black leather shoes or boots (no sneakers).

TSL equipment should include, at minimum:
o Flashlight and batteries or charger (high power, LED-type), Black handcuffs, Black pepper Spray, Black leather basket weave flashlight holder, Black leather basket weave dress belt, Black leather basket weave Sam Browne belt with silver buckle, At least four black leather basket weave belt keepers (snap or Velcro), Name plate of MBL-approved design, Keys (if any) with black leather, basket weave, sound restricting key holder, All other non-lethal equipment which the Contractor determines to be necessary to the successful performance of services.
• TSL additional equipment should include:

Collapsible baton with black basket weave holder, Pepper gel with black basket weave holder, Black basket weave radio holster compatible with MBL-issued/or approved portable radio, all other equipment which the Contractor determines to be necessary to the successful performance of services
o TSS and TSM additional equipment
o Silver metal sergeant stripes for jacket, windbreaker and shirt collars (Uniforms should clearly differentiate title/rank from subordinates)
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Personnel and Training Documentation:

Deliver to MBL’s Transportation Operation Manager or designee within three (3) business days a complete, current, digital personnel portfolio that includes a dossier for each employee assigned to the contract (including the Transit Security Administrator/Project Manager and any subordinate managers).

Each digital employee dossier will include:
• A color image of the employee’s face and their full legal name and date of birth • A copy of their resume
• Scans of all applicable identification and certification cards, front and back • Their assigned supervisor, post and schedule
• A background investigation and training log attesting that the employee met all background requirements and restrictions and successfully completed all required training as set forth in the Contract
Contractor will provide a new or updated digital dossier for each employee within three (3) business days whenever an employee’s information changes or when Contractor removes personnel from or adds personnel to the Contract.

Prior to assigning any new employee to a permanent position with the Contract, Contractor will provide the candidate’s resume for MBL’s Transportation Operation Manager or designee review, accompany the candidate to an interview with the Transportation Operation Manager and, once MBL approves, provide at least twenty-four (24) hours of on-the-job training with the Site Supervisor at Contractor’s expense.

Personnel
Contractor Responsible for Personnel:

Contractor will provide the number of trained and qualified personnel necessary to fully staff all posts for all locations, programs and hours for which this Contract requires Security Officer Services.

All Security Officers must be direct employees of the Contractor. Hiring, training, payment of wages and benefits, uniforms, equipment, supervision, management, transportation costs, direction and discharge of Security Officers will be the Contractor’s responsibility. The accurate withholding of federal, state and local taxes and payment of all wages will be the Contractor’s responsibility.

Contractor is responsible for complying with all required federal, state and local employment and wage laws and regulations.

The Contractor will provide relief for Security Officers for authorized rest and meal breaks and all approved time off.
• Removal without Cause
MBL may request that Contractor remove any Security Officer or Supervisor from performing Services under this Contract at any time it desires for any reason. Contractor will remove and replace personnel within three (3) business days when MBL so requests under this section. • Removal with Cause
Contractor will remove and replace a contractor employee within thirty (30) minutes of MBL request for any cause or condition that, in MBL’s opinion, renders the employee incapable of Unarmed Transit Security Guard Services RFP No. 22-7
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performing their duties. Examples include but are not limited to: Sleeping on duty, altered consciousness or any physical, psychological or emotional condition that renders the employee unfit to perform their duties as required.
• Augmentation of Workforce
If MBL temporarily increases the number of Security Officers or Supervisors required to fulfill this Contract, MBL’s cost will be based on the billing rates set forth in the current Contract year. • Qualified Employees
Personnel the Contractor hires for, or assigns to, this Contract will possess the following skills and abilities:
o The ability to speak, read, write, understand and properly use written and electronic documents composed in English
o The ability to understand and follow various rules, procedures, regulations, guidelines and instructions
o Must be a citizen of the United States of America, or an alien who has been lawfully admitted for permanent residence as evidenced by an Alien Registration Receipt Card for 1-151, or other evidence from the Immigrations and Naturalization Service that the candidate is able to work legally in the United States
o The minimum qualifications required for the position for which employed, to include a certification from the Department of Consumer Affairs, Bureau of Security and Investigative Services (BSIS) as described in Business and Professions Code Section 7583.7. MBL may require proof of such qualifications at any time from any Contractor employee or from the Contractor
o Be at least twenty-one (21) years of age. MBL may waive this requirement for honorablydischarged veterans of military service o Possess and maintain a valid First Aid/CPR/AED certification The following persons are not qualified to work as Contractor employees at MBL:
o Persons with felony convictions, ever, or violent misdemeanor conviction(s) within the past ten years
o Persons currently on probation or parole for any offense o Persons against whom a Court has issued a current temporary or permanent restraining or protective order
o Security Officers removed with or without cause at any time during this Agreement o Any person who does not possess the required certifications or training specified in this Agreement.

Should, in MBL’s opinion, any employee prove unqualified for the position to which they are assigned, Contractor will remove such employee and provide a replacement within thirty (30) minutes of MBL’s request at no additional cost to MBL. MBL will not pay for any service provided by Contractor’s employees who do not meet the qualifications set forth herein.  Training Requirements:
o The Contractor will require all employees to have current Guard Cards and First Aid/CPR/AED cards in their possession and to successfully complete “Stop the Bleed” training from certified trainers. Contractor will require all employees assigned as TLSs and Unarmed Transit Security Guard Services RFP No. 22-7
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TSSs to have current baton, handcuff, and pepper gel cards in their possession. Contractor will provide electronic scans of any required card renewals within three (3) business days of the renewal, as part of an employee’s updated dossier o Within five (5) days of the Effective Date; the Contractor, Transportation Operation Manager, and MPD Transit Liaison Police Officer will meet to develop written training plans and implement a new-hire and annual refresher training program. Contractor will have five (5) days to complete the training plan for final MBL approval and three (3) weeks to complete all new hire training
o Prior to assignment at any MBL site, all Contractor employees will complete an MBL Security Orientation Course. Training will include, but is not limited to: Transportation Security Administration -mandated training for Security-Sensitive employees, MBLspecific topics related to safety, security, customer service, emergency management, transit operations, workplace violence and harassment prevention, Active Shooter awareness and tours of the sites to which the Contractor will assign the employees o Ongoing Training: The Contractor shall provide ongoing training to security officers after their initial security post training as necessary to ensure top level service. The Contractor shall explain in detail their programs of ongoing training, including new material updates, and any extension courses offered.
o Mandatory ongoing training provided by the MPD will also be required by all security officers assigned to the City of Montebello – Montebello Bus Lines properties, on a quarterly and/or as needed basis. Trainings provided by the MPD will be held at MBL’s main transportation facility.

Contractor will provide additional training to employees assigned as TSLs and TSSs with additional training specific to public transportation security including, but not limited to:
• Transit Security Basics
· Terrorism awareness
· Fare inspection
· Foot patrol techniques
· Special events
· Protests and demonstrations
· Emergency preparedness
· Radio, Telephone and Written communications
· Accident reporting
· Adjacent transportation modes
· Evacuations
· Revenue vehicle operations
· Delays/Service disruptions
· Crisis communication/De-escalation
· FTA drug and alcohol policy and procedures
• Transit Operations Rules and Regulations
· Bus operations overview and definitions
· Bus equipment familiarization
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Through the assistance MPD, MBL will provide all employees assigned as TSLs and TSSs with additional training specific to MBL including, but not limited to:
 TSL and TSS roles and responsibilities
 System security
 System safety
 Bus orientation
 Bus stop and shelter inspections
 Radio and Telephone procedures
 Basic office equipment usage
 MBL computer access and usage
 MBL email access and usage (where applicable)
 Internet access and policies
 MBL access card usage and restrictions
 Customer service
 Routes and fare structure
 Customer Code of Conduct
 Public and media relations
 MPD Transit Enforcement Detail (TED)
 Conflict avoidance and resolution
 Field Supervisor and TED ride-along
 Supervised bus ride-along
MBL will provide all Transit Security Supervisor (TSS) with training specific to MBL including, but not limited to:
 Location and routes to all MBL facilities
 MBL forms use
 Radio and Telephone procedures
 Identified security vulnerabilities and alarm response procedures  Proper phone and radio usage procedures
 New officer orientation
 Proper inventory control
 CCTV and alarm monitoring procedures and alarm response duties  Emergency contact procedures
Through the assistance MPD, MBL will provide all Transit Security Supervisor (TSS – assigned to the FixedRoute Transit System) with training specific to MBL including, but not limited to:
• Assigning, supervising and reporting on all TSL team activities • Providing daily reports to MBL’s Transportation Operation Manager or designee Ongoing Training Requirements: The Contractor is required to provide all employees assigned to MBL with annual refresher training which the State mandates and this Contract requires.

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Times of Service/Time Records
• All original time records and payroll records for an employee’s time for which MBL is charged will be retrievable within twenty-four (24) hours of MBL request • The Contractor will maintain electronic records of actual daily Security Officer assignments and functions in a standardized, electronic and reportable manner • The Contractor will make all financial and operational records related to this Contract available for inspection, copying or audit for the entire term of the Agreement and for three (3) years after the term of the Agreement. This section will survive termination or expiration of the Agreement • The assigned Contractor employee of appropriate authority will review and approve all Time records
Hours of Service
The Contractor will provide Security Officers and Supervisors to fill all shifts. MBL reserves the right to change the times, days or locations of the shifts listed. The Contractor agrees that the Services to be performed by it herein, including the locations and areas where Services are to be performed, the hours for which such Services are to be maintained, and the number of trained, equipped and qualified employees to be furnished by the Contractor hereunder will be subject to MBL approval. The Contractor agrees that the scheduled work hours and days of Services may be changed at any time, without any penalty to MBL, provided MBL gives seven (7) business days’ notice of any changes except in emergencies. • Overtime - Contractor must seek and receive MBL’s Transportation Operation Manager or designee approval before accruing any paid overtime
Quarterly and Annual Reports
MBL’s fiscal year runs from July 1 through June 30. Within ten (10) days following the end of each MBL fiscal quarter (September, December, March and June) and of MBL’s fiscal year, Contractor will furnish a comprehensive report of the total services provided under this Contract for MBL’s fiscal quarter and/or year just concluded. The report must be in an MBL-approved format and must list, by Post (Facility Security, Metrolink Station/Transit Center and Tiny Homes Security, and Transit Security Liaisons) the following:
• All services provided under this contract
• Total number of hours, by employee, and billing and pay rates of each service provided • Total number of contracted hours not provided, and why • Number of Incident Reports filed, when and the reason for each report • Number of patrols conducted sorted according to Post
• Number of employees removed from the contract and why • Number of liquidated damages assessments (if any), amounts, dates and reasons Sensitive Security Information (SSI)
Per the Transportation Security Administration, all security-related reports, logs, images or other documents are classified as Sensitive Security Information (SSI) and controlled under 49 CFR parts 15 and 1520.* No part of these records may be disclosed to persons without both a right and a need to know, according to the written permission of the MBL Director of Transportation and/or Transportation Operation Manager.

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*Unauthorized release may result in civil penalty or other action.

Key Performance Indicators (KPIs)
With approval of MBL, the contractor will develop Key Performance Indicators (KPIs) for the purpose of assessing, quantifying, documenting and improving Contractor employee compliance with Contract requirements. Once established, the Contractor will commit to meeting or exceeding all KPIs and taking timely and effective steps to improve whenever performance proves substandard. At minimum, the contractor’s Quality Assurance / Metricsshould address the following: Compliance, Quality, Dependability and Customer.

Holidays
MBL recognizes the following holidays:
• New Year’s Day
• Martin Luther King Jr Day
• Memorial Day
• Independence Day
• President’s Day
• Labor Day
• Thanksgiving
• Christmas
MBL requires security coverage during these holidays. For this contract MBL recognizes time and half for all positions.

Safety
The Contractor must comply with the following Safety Guidelines:
• The Contractor will recognize the importance of performing services in a safe and responsible manner so as to prevent damage, injury, or loss to individuals, and the environment. Contractor assumes responsibility for implementing and monitoring all Environmental Health and Safety precautions and programs related to the performance of services. • The Contractor is solely responsible with providing a safe work environment for its employees, agents and subcontractors. Any hazards or unsafe practices the Contractor may identify that it is unable to correct or are outside the Contractor’s scope of responsibility must be promptly reported to MBL. MBL reserves the right to require Contractor to discontinue operations at any time if it determines that the Contractor’s actions are creating an unsafe environment or situation.
• The Contractor must refrain from creating work hazards for others and for individuals authorized to be within or in proximity to MBL work areas.
• The Contractor will not operate MBL machinery without express written consent. Only approved and licensed operators may operate the City’s vehicles, forklifts, or other heavy machinery on MBL property, with MBL approval.
• MBL is a smoke-free environment. This policy applies to all contractors, their employees and subcontractors working on MBL premises.

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• The Contractor must abide by all applicable local, state, and federal rules and regulations pertaining to safe working practices and procedures to protect contractor/subcontractor employees as well as MBL staff and visitors.

SECTION 5 – QUALIFICATIONS

DESIRED QUALIFICATION
 Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
 Provide a general description of the firm’s financial condition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Contractor’s ability to complete the project.
 Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for both past and present projects. The Contractor will state the client’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
 Identify any subcontractors by company name, address, contact person, and telephone number and project function.
 Montebello Bus Lines (MBL) reserves the right to request references.  Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.

FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non-compliance with these requirements may disqualify your proposal from further consideration.

A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.

B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.

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D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abilities in safety and security for public transit agencies, preferably in an environment of similar size and scope to the MBL.

E. Licensed to do business in the State of California.

F. Certifications (if required)
G. Experience with projects of similar size and scope.

H. Experience with agencies of similar size and scope as MBL.

I. Financial capacity.

SECTION 6 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR

UNARMED TRANSIT SECURITY GUARD SERVICES
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2022, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, CITY desires to retain a qualified professional Contractor to provide reliable and effective Unarmed Transit Security Guard Services (“Project”); and WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and WHEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated May 12, 2022 (RFP No. [22-7]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. SERVICES / COMPENSATION.

A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

B. CONTRACTOR shall complete the Scope of Services within the time set forth in the Schedule of Performance, as such is set forth in Exhibit “B” hereto and incorporated fully herein by this reference.

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B. CONTRACTOR shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONTRACTOR shall provide an itemized billing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

C. CITY will be invoiced at the end of the first billing period following commencement of work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.

D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.

E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONTRACTOR's discretion.

SECTION 2. TERM.

This Agreement shall commence on ………………, 2022 , and shall be valid for three (3) years from the Effective Date, with two (2), one-year options, unless terminated sooner as provided in Section 7 herein.

The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.

SECTION 3. CONTRACT DOCUMENTS.

For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):

A. RFP No. 22-7;
B. Proposer’s [DATE] Proposal for Unarmed Transit Security Guard Services and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.

All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.

SECTION 4. PERFORMANCE.

A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.

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B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.

C. CONTRACTOR shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.

D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub-Contractors to assist in the completion of services as herein defined.

Compensation for additional individuals, Contractors, or sub-Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.

E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty-four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.

F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.

SECTION 5. WORK PRODUCT.

A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.

B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardware operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit or any other damage.

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SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 7. CITY SUPERVISION.

The Transportation Director shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder.

No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.

A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

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SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.

SECTION 11. INDEPENDENT CONTRACTOR.

A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.

Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CITY shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.

B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.

C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub-Contractors with workers’ compensation insurance or any other insurance.

SECTION 12. PERS ELIGIBILITY INDEMNITY.

A. In the event that CONTRACTOR or any employee, agent, or sub-Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.

B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.

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SECTION 13. LEGAL RESPONSIBILITIES.

CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello Municipal Code. CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 14. INDEMNIFICATION.

CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.

SECTION 15. INSURANCE COVERAGE.

During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, productscompleted operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONTRACTOR has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.

Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agrees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.

By executing this Agreement, CONTRACTOR further certifies as follows:

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I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.

Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the effective date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.

If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitled to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.

CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the latest edition of Best's Insurance Guide, and approved by CITY.

Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non-payment) prior written notice.

CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.

At all times during the Term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).

CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

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Except for professional liability and workers’ compensation policies, the policies herein are primary and non-contributing with any insurance that may be carried by CITY. Any insurance or selfinsurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents or sub-Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.

Coverage applies separately. CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.

Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.

CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed subcontractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.

SECTION 17. NO WAIVER.

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

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SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

A. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.

B. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.

C. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.

D. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.

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E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.

G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:

CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640

CONTRACTOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.

CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

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SECTION 24. CONFLICT OF INTEREST.

CONTRACTOR and its officers, employees, associates and sub-Contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTOR shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONTRACTOR.

CONTRACTOR's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding. [SIGNATURES ON NEXT PAGE]
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CITY OF MONTEBELLO CONTRACTOR
_______________________ _____________________
René Bobadilla Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk

APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 7 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 22-7

UNARMED TRANSIT SECURITY GUARD SERVICES
In response to the subject Request for Proposal (“RFP”) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.

The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.

If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.

The Proposer certifies that it has:

1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:

2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.

3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and

4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.

Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.

The Proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that, Unarmed Transit Security Guard Services RFP No. 22-7
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2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

The undersigned acknowledges receipt, understanding and full consideration of the following addenda to the Proposal Documents:

Addenda No(s)
Dated Dated
Dated Dated
Dated Dated
Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non-responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name
Business Address
Contact Person
Email Address
Phone
Fax
Signature of Authorized Official Signature of Authorized Official Typed or Printed Name Typed or Printed Name
Title Title
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Date Date

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.) For proposals requiring licenses the following information is required:

Contractor’s License No.

Expiration Date:

License Classification:

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EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No. 22-7, Unarmed Transit Security Guard Services Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced: RFP No. 22-7, Unarmed Transit Security Guard Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.

Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent non-active negligence by the Indemnitees.

In the event there is more than one person or entity named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: _________________________________________________ By: _________________________________________ (Signature) (Signature)
Title: ______________________________________________ Title: ______________________________________ Date: ________________________________________________Date: ________________________________________ Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT B

REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:
3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT C

INSURANCE
The Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.

The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:

A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.

There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,000,000 per accident, combined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non-owned auto endorsement to the general liability policy described in the preceding subsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".

Unarmed Transit Security Guard Services RFP No. 22-7

EXHIBIT D
RFP No. 22-7

UNARMED TRANSIT SECURITY GUARD SERVICES
COST PROPOSAL SHEET (Three Year Term)
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.

First Year
ITEM # EXPENSE CATEGORY HOURLY RATE TOTAL NUMBER OF
HOURS

GUARANTEED

NOT-TO-EXCEED
AMOUNT
1 Management Oversight (TSM) /Annually. $
2 Transit Security Supervisor Wages /Annually. $
3 Transit Security Liaison Wages /Annually.
4 Uniforms and Equipment /Annually. $
5 Miscellaneous /Annually. $
Annual Total Cost $
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________ Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Second Year
ITEM # EXPENSE CATEGORY HOURLY RATE TOTAL NUMBER OF
HOURS

GUARANTEED

NOT-TO-EXCEED
AMOUNT
1 Management Oversight (TSM) /Annually. $
2 Transit Security Supervisor Wages /Annually. $
3 Transit Security Liaison Wages /Annually.
4 Uniforms and Equipment /Annually. $
5 Miscellaneous /Annually. $
Annual Total Cost $
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________ Third Year
ITEM # EXPENSE CATEGORY HOURLY RATE TOTAL NUMBER OF
HOURS

GUARANTEED

NOT-TO-EXCEED
AMOUNT
1 Management Oversight (TSM) /Annually. $
2 Transit Security Supervisor Wages /Annually. $
3 Transit Security Liaison Wages /Annually.
4 Uniforms and Equipment /Annually. $
5 Miscellaneous /Annually. $
Annual Total Cost $
GRAND TOTAL COST $
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ *List all paid holidays below:

Contact Information:

Name & Job Title:

Business Name:

Address:

City, State, Zip Code:

Phone Number:

E-mail Address:

Authorized Signature: Date:

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT E

STATEMENT OF

DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:

Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non-DBE) in accordance with Section 2-1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Name Phone < $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT G

CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -

PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:

2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property;

3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and

4. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.

If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.

THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)

OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.

Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.

Signature of Attorney Date
Unarmed Transit Security Guard Services RFP No. 22-7

EXHIBIT H

PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.

Designate below which form of Performance Guarantee shall be provided:

Performance Bond
Irrevocable Stand-By-Letter of Credit
Contractor’s Name:

Authorized Signature:

Title:

Date:

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT I

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

The Surety hereby waives notice of any alteration or extension of time made by the City.

Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly

1. Complete the Contract in accordance with it terms and conditions, or

2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.

The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.

Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.

No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines
Signed and sealed this ____________________ day of 20____.

WITNESS PRINCIPLE
(SEAL)
(TITLE)

WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT J

IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the Bank (the "Letter of Credit"), that:

1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.

2. The Beneficiary is making a drawing under the Letter of Credit.

3. An Event of Default has occurred under Contract No.

4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.

IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.

NAME OF BENEFICIARY
By:

Its:

Unarmed Transit Security Guard Services RFP No. 22-7
Montebello Bus Lines

EXHIBIT K
Bank Draft

FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of
(Name of Issuing Bank)
Credit No. Dated:

To
(Name of Issuing Bank)

NAME OF BENEFICIARY
By
Its
[THIS PAGE WAS INTENTIONALLY LEFT BLANK]

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: Approve Amendment No. 1 to Professional Services Agreement No. 3941 with Vectis DC LLC, to Provide Comprehensive Federal Government Relations to Seek Available Annual Federal Funding DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve Amendment No. 1 to Professional Services Agreement No. 3941 (Agreement No. 3941) with Vectis DC LLC (Vectis DC), to provide comprehensive federal government relations to seek available annual federal funding, for an annual total not-to-exceed amount of $84,000, for an additional one-year (1-year) term with the option for renewal of up to three (3) additional one-year (1-year) terms; and
2) Authorize the City Manager and/or his designee to execute Amendment No. 1 on behalf of the City of Montebello (City); and
3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The cost for the contracted service will be for an annual total not-to-exceed amount of $84,000. Funding for this agreement will be allocated from the Transportation Department’s Fiscal Year (FY) 2022-23 adopted operating budget: Transit Operations expense Account No. 600-90-900-6040.95. Therefore, a budget amendment is not needed.

ITEM #____ 29
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Amendment No. 1 to Professional Services Agreement No. 3941 with Vectis DC LLC, to Provide Comprehensive Federal Government Relations to Seek Available Annual Federal Funding

BACKGROUND
In December 2021, the City entered into Agreement No. 3941 (see Attachment A) with Vectis DC to provide comprehensive federal government relations to seek available annual federal funding including, but not limited to, congressional directed funding, cooperative agreements, pilot projects, and any other relevant federal agency driven grants. Over the past seven (7) months, Vectis DC has worked with the City’s senior management team to quickly develop a federal relations program to pursue federal funds via several avenues. With the passage of the Infrastructure Investment and Jobs Act (IIJA), more widely known as the “Bipartisan Infrastructure Law,” federal transportation and infrastructure funding levels have been released. These newly passed funds will be made available on an annual basis for approximately the next five (5) years – providing the City the opportunity to apply for a wide variety of federal matching grants on an ongoing basis.

Recently, Vectis DC communicated with staff from Congresswoman Linda Sanchez’s office to work through the details of the application process to request $2.2 million in federal funds available for community projects in the 38th Congressional District of California for the City’s Public Safety Critical Communications Upgrade Project.

Congresswoman Sanchez subsequently submitted the project to the United States House Committee on Appropriations for Congressional approval. In addition, Vectis DC secured support letters from members of the United States House of Representatives and Senate to be included with the City’s application for funds under the Federal Transit Administration Low or No Emission Grant Program and the Grants for Buses and Bus Facilities Program to upgrade and modernize its fleet of transit buses. Lastly, Vectis DC worked with City staff to submit a $3 million request to U.S. Senator Alex Padilla’s office to fund City sewer system rehabilitation projects. Senator Padilla requested additional follow-up information from the City which is often required prior to an official submission to the United States Senate Committee on Appropriations.

ANALYSIS
To ensure that Vectis DC continues to monitor federal funding announcements and works in consultation with the City’s senior management team during FY 2022-23, staff recommends that the City Council approve Amendment No.1 to renew the City’s agreement for comprehensive federal government relations for a term that runs from July 1, 2022 through June 30, 2023. This will enable Vectis DC to continue collaborating with staff to identify projects of greatest importance while promoting the City’s top legislative and regulatory priorities on Capitol Hill and within federal agencies.

CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve Amendment No. 1 to Professional Services Agreement No. 3941 with Vectis DC LLC, to Provide Comprehensive Federal Government Relations to Seek Available Annual Federal Funding

SUMMARY
Staff recommends that the City Council approve Amendment No. 1 to Agreement No. 3941 with Vectis DC to provide comprehensive federal government relations to seek available annual federal funding, for an annual total not-to-exceed amount of $84,000, for an additional one-year (1-year) term (July 1, 2022 through June 30, 2023) with the option for renewal of up to three (3) additional one-year (1-year) terms; authorize the City Manager and/or his designee, to execute Amendment No. 1 on behalf of the City; and take such additional, related, action that may be desirable.

ATTACHMENTS:

A. Attachment A – Agreement No. 3941 with Vectis DC LLC B. Attachment B – Amendment No. 1 to Agreement No. 3941

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3941
WITH VECTIS DC, LLC.

THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and entered into on December 1, 2021 ("Effective Date"), by and between the CITY OF MONTEBELLO, a California municipal corporation (the "CITY") and VECTIS DC, LLC (the "CONSULTANT"). The CITY and the CONSULTANT are sometimes referred to herein individual as the "Party," and jointly as the "Parties."

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to assist the CITY establish comprehensive federal government relations to seek available annual federal funding, including but not limited to, congressional directed funding, cooperative agreements, pilot projects, and any other relevant federal agency driven grants; and WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 - 1092 of the California Government Code, in the subject matter of this Agreement.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT DOCUMENTS A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits.
b. Scope of Services, attached hereto as Exhibit "A".
c. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

B. These documents shall be collectively referred to herein as the "Contract Documents." In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. 3941

SECTION 2. SERVICES/ COMPENSATION.

A. The CONSUL TANT shall provide to the CITY those services that are set forth fully in CONSULTANT's "Proposed Scope of Services" attached hereto as Exhibit "A" and incorporated fully herein by this reference (the "Scope of Services").

B. The CONSULTANT shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.

C. CONSUL TANT shall be compensated a monthly retainer in the amount of Seven Thousand Dollars ($7,000) for the duration of the Agreement, for a grand total not-to-exceed Forty-Nine Thousand Dollars ($49,000) (the "Maximum Compensation") for the performance of the Scope of Services as set forth in Exhibit "A". CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of the CITY.

D. The CONSUL TANT will invoice the CITY on a monthly-basis for all services performed within the Scope of Services attached hereto as Exhibit "A". The CITY agrees to pay the CONSULTANT the amounts invoiced within 30 calendar days' receipt of each invoice; provided the work completed is done to the satisfaction of the CITY and done in adherence to the Scope of Services agreed upon the Parties. If the CONSUL TANT's invoice is not paid within 30 days of its issuance, it is delinquent.

E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. The CITY shall pay undisputed amounts as provided for in the preceding paragraph.

SECTION 3. TERM.

This Agreement shall commence on December 1, 2021 and shall terminate on June 30, 2022, unless terminated earlier as hereinafter provided. However, this Agreement may continue on a month-to-month basis after the initial term, if agreed upon by both parties in writing; provided that a notice of intent to initiate a month-to-month term is provided by the CITY to CONSULTANT within five (5) days of the Agreement's termination.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement. c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command. d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSUL TANT.

PROFESSIONAL SERVICES AGREEMENT NO. 3941

e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSUL TANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney-client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSUL TANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT. b. All data, documents, discussion, or other information developed or received by the CONSUL TANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSUL TANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY's City Manager (the "City Manager").

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSUL TANT and shall be the CITY's agent with respect to obtaining the CONSULTANT's compliance hereunder.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed PROFESSIONAL SERVICES AGREEMENT NO. 3941

to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving thirty (30) business days' written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULT ANT the part of Compensation which would otherwise be payable to the CONSUL TANT for services the CONSUL TANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation.

Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSUL TANT shall be reimbursed for any "non-refundable" costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such "non- refundable" costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such "non-refundable" costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSUL TANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSUL TANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSUL TANT.

SECTION 11. INDEPENDENT CONSUL TANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSUL TANT except as expressly set forth in this Agreement. The CONSUL TANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement.

Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSUL TANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT's employees or the CONSUL TANT's subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to the CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter PROFESSIONAL SERVICES AGREEMENT NO. 3941

enacted or required as a charge or withholding on the compensation paid to the CONSUL TANT.

The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers' compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSUL TANT is a California Public Employees' Retirement System ("Cal PERS") annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSUL TANT. If this Agreement remains in place, the CONSUL TANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants. b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSUL TANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSUL TANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSUL TANT's negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep PROFESSIONAL SERVICES AGREEMENT NO. 3941

in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSUL TANT's performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
• Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
• Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for combined bodily injury and property damage.

I
• Worker s Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
• Professional Liability insurance appropriate to the CONSULTANT'S profession, with limit no less than $1,000,000 per occurrence or claim, $1,000,000 aggregate. b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSUL TANT. c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days' prior written notice (ten [1 O] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSUL TANT's expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Consultant shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services' commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 3941

g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S . mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided. h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSUL TANT shall maintain on file with the CITY's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY's Risk Manager such certificate( s ).
i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j
. The general Ii ab i Ii t y and auto mob i I e po Ii c i es of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSUL TANT's insurance and shall not contribute with it.

I. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSUL TANT, and CONSULTANT's employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSUL TANT hereby waives all rights of subrogation against the CITY.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY.

At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSUL TANT's duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT. ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification PROFESSIONAL SERVICES AGREEMENT NO. 3941

of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSUL TANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTIONj GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties.

If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY'S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.

SECTION 20. WARRANTIES.

Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

PROFESSIONAL SERVICES AGREEMENT NO. 3941

SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa. c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered. f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel.

Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party's failure to perform under this Agreement or any agreement referred to in this Agreement.

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e-mail (an "Electronic Notice" as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
lf to CITY:

With a copy to:

City of Montebello
Attn: Rene Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
City of Montebello - Montebello Bus Lines
Attn: Adrianna Kendricks, Acting Director of Transportation 400 South Taylor Avenue
Montebello, CA 90640
(323) 558 -1625 X 201
(323) 887- 4643 (Fax)
[email protected]
PROFESSIONAL SERVICES AGREEMENT NO. 3941

If to Consultant: Vectis DC, LLC
Attn: David A. Herbst, Founding Partner & Chairman
1629 K St., Ste 300
Washington, DC 20006
(202) 827-9792
An electronic communication ("Electronic Notice") shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sendinQ Electronic Notice receives verification of receipt by the receivinQ party. Any party receivinQ Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub-consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the CONSUL TANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder. The CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, the CONSUL TANT shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSUL TANT covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor( s) of services to the CITY as a result of the performance of this Agreement, or the services that may be procured by the CITY as a result of the recommendations made by the CONSULTANT. The CONSUL TANT's covenant under this section shall survive the termination of this Agreement.

SECTION 25. ENTIRE AGREEMENT.

This Agreement contains the entire understanding between the CITY and the CONSULTANT.

Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 3941

IN WITNESS WHEREOF, the parties, through their respective authorized representatives, have executed this Agreement as of the date first written above. ("CITY'')

CITY OF MONTEBELLO
Refle Boba&ila, City Manager
Date: J'Z..,} 8)4
("CONSUL TANT")

VECTIS DC, LLC
David A. Herbst, Founding Partner & Chairman
Date: \'2.. -�-2..\

ATTACHMENT B

CITY OF MONTEBELLO
AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT NO. 3941
WITH VECTIS DC, LLC.

This Amendment No. 1 to Agreement No. 3941 ("Amendment No. 1") is made and entered into as of the 1st day of July, 2022 (“Effective Date”), by and between the City of Montebello, a California municipal corporation duly organized and existing under the law of the State of California ("City"), and Vectis DC, LLC., a corporation duly organized and existing under the law of the State of California, ("Consultant"). City and Consultant are sometimes hereinafter referred to collectively as the "Parties”.

RECITALS
WHEREAS, City and Consultant are Parties to that certain Agreement No. 3941 to provide consulting services, to establish comprehensive federal government relations to seek available annual federal funding, including but not limited to, congressional directed funding, cooperative agreements, pilot projects, and any other relevant federal agency driven grants with an “Effective Date” of December 1, 2021 ("Agreement"), pursuant to which City contracted with Consultant to provide services as defined in the Agreement; and
WHEREAS, Section 25 ("Entire Agreement”) of the Agreement allows for amendments to the Agreement by a writing executed by the Parties; and WHEREAS, the Parties each being mutually satisfied with the other's performance thereof, hereby desire to amend the Agreement to extend the Agreement term for an additional one (1) year, with an option to extend for three (3) subsequent one-year terms on the conditions set forth in the Agreement and as provided herein; and WHEREAS, by exercising the option to extend the Agreement by an additional year, an amendment to the Term and Compensation (further defined below) is also required.

NOW, THEREFORE, based upon the foregoing recitals, which the Parties agree are true and correct, and for good and adequate consideration the receipt and adequacy of which is acknowledged by the Parties, the Parties agree as follows:

AMENDMENT
SECTION 1: RECITALS. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference.

AMENDMENT NO. 1 TO AGREEMENT NO. 3941

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 1, the Parties hereto agree to extend the term of the Agreement from July 1, 2022 to June 30, 2023; unless such time if further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3: AMENDMENT TO COMPENSATION. Through this Amendment No. 1, the Parties hereto agree to amend the compensation for the purposes of incorporating costs associated with this Amendment No. 1 and as follows:
“The agreed-upon compensation for the consulting services contemplated in the Agreement and memorialized in Amendment No. 1 shall not exceed the annual amount of Eighty-Four Thousand Dollars ($84,000). Such sum shall include all amounts payable to Consultant for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement. City shall pay Consultant upon thirty (30) days of receipt of invoice and full acceptance of product and services by the City. Said compensation of the Amendment No. 1 shall cover all expenses, losses, damages, and consequences arising out of the nature of work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner of time specified in the aforesaid Agreement; and also include those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risk of any description connected with the work.”
SECTION 4: INCORPORATION OF REMAINING TERMS. Other than as expressly modified in this Amendment No. 1 with respect to the term of the Agreement, all remaining terms, conditions, and provisions of the Agreement, and the entirety thereof, shall remain in full force and effect, and is incorporated fully herein by this reference. [SIGNATURE PAGE TO FOLLOW]
AMENDMENT NO. 1 TO AGREEMENT NO. 3941

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 3941 to provide comprehensive federal government relations to seek available annual federal funding including, but not limited to, congressional directed funding, cooperative agreements, pilot projects, and any other relevant federal agency driven grants as of the day and year first above written. (“CITY”)

CITY OF MONTEBELLO
By: _____________________________
René Bobadilla, P.E., City Manager
(“CONSULTANT”)

VECTIS DC, LLC
By:

David A. Herbst, Founding Partner
& Chairman
ATTEST:

By: _____________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:

By: _____________________________
Arnold M. Alvarez-Glasman,
City Attorney

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: Adopt Resolution No. 22-42 Approving Montebello Bus Lines’ Fiscal Year 2022-2023 Free Fare Schedule
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Adopt Resolution No. 22-42 approving Montebello Bus Lines’ (MBL) Fiscal Year (FY) 2022-2023 Free Fare Schedule; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
The fiscal impact of the proposed Free Fare Schedule is best calculated by averaging the average daily fare revenue for FY 2020-2021 and 2021-2022 as follows:

Fiscal Year Average Daily
Ridership
Average
Daily Fare
FY 2020-2021 5,249 $3,615
FY 2021-2022 7,087 $4,935
FY 2022-2023 (Forecasted) 7,766 $5,500
By applying the daily fare revenue average for FY 2020-2021 and 2021-2022 to the nine (9) proposed holidays, the total cost for MBL’s proposed Free Fare Schedule for FY 2022- 2023 is approximately $49,500.

ITEM #____ 30
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Adopt Resolution No. 22-42 Approving Montebello Bus Lines’ Fiscal Year 2022- 2023 Free Fare Schedule

BACKGROUND
In FY 2020-2021, MBL began collaborating with neighboring transit agencies to waive fares on designated days to honor holidays or raise awareness of important events (known as “Free-Fare Days”). The Free-Fare Days program waives fares on designated holidays and important events for all passengers, including passengers transferring from a participating neighboring agency to MBL. By participating in Free-Fare Days, MBL promotes environmental awareness by recognizing Clean Air Day and Earth Day while providing exceptional service and reward to loyal passengers.

ANALYSIS
By continuing to provide Free-Fare Days, MBL will partner with other Los Angeles County transit partners, including the Los Angeles County Metropolitan Authority (“Metro”), to improve the customer experience while commemorating important holidays. By waiving fares on select days, MBL can promote various initiatives (Earth Day, California Clean Air Day, and Transit Equity Day), reward loyal ridership, and encourage new riders to use the agency’s services. For FY 2022-2023 MBL will join other transit agencies in commemorating Transit Equity Day, a national day of action honoring civil rights leader Rosa Parks, who protested to end segregated seating on public buses.

The proposed Free-Fare Days for FY 2022-2023 include:
• October 5, 2022 (California Clean Air Day)
• November 8, 2022 (Election Day)
• November 24, 2022 (Thanksgiving)
• December 24, 2022 (Christmas Eve)
• December 25, 2022 (Christmas Day)
• December 31, 2022 (New Year’s Eve)
• January 1, 2023 (New Year’s Day)
• February 4, 2023 (Transit Equity Day)
• April 22, 2023 (Earth Day)
If approved, these days will be recognized as MBL’s FY 2022-2023 Free-Fare Days.

SUMMARY
Staff recommends that the City Council adopt Resolution No. 22-42 (see Attachment “A”) approving MBL’s FY 2022-2023 Free Fare Schedule; and take such additional, related, action that may be desirable.

ATTACHMENT:

A. Attachment A – Resolution No. 22-42

ATTACHMENT A
RESOLUTION NO. 22-42

RESOLUTION OF THE CITY OF MONTEBELLO, CALIFORNIA
ADOPTING THE FISCAL YEAR 2022-2023 FREE FARE SCHEDULE

FOR MONTEBELLO BUS LINES

RECITALS
WHEREAS, the City of Montebello (the “City”), as a transit bus owner by and through Montebello Bus Lines provides transportation services to residents of Montebello and neighboring cities; and
WHEREAS, Montebello Bus Lines’ neighboring transit partner, the Los Angeles County Metropolitan Authority (“Metro”) regularly waives fares during certain holidays; and
WHEREAS, many passengers transfer between Montebello Bus Lines and Metro services during such free-fare days; and
WHEREAS, waiving fares during these coordinated and designated free-fare days improves morale, encourages new ridership, raises attention to critical issues; and WHEREAS, fares make up only a small fraction of the total revenue generated by public transit agencies therefore the implementation of fare-free days will not detrimentally affect the Montebello Bus Lines’ overall yearly revenue; and WHEREAS, to streamline Montebello Bus Lines’ free-fare days with Metro’s own, adoption of the Free Fare Schedule for the Fiscal year 2022-2023 is hereby required.

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

APPROVES THE FISCAL YEAR 2022-2023 FREE FARE SCHEDULE FOR MONTEBELLO BUS LINES; AND
SECTION 1: Approvals and Certifications.

1. Montebello Bus Lines will waive passenger fares for the following days in Fiscal year 2022-2023 :
 October 5, 2022 (CA Clean Air Day)
 November 8, 2022 (Election Day)
 November 24, 2022 (Thanksgiving)
 December 24, 2022 (Christmas Eve)
RESOLUTION NO. 22-42

 December 25, 2022 (Christmas Day)
 December 31, 2022 (New Year’s Eve)
 January 1, 2023 (New Year’s Day)
 February 4, 2023 (Transit Equity Day)
 April 22, 2023 (Earth Day)

2. The above dates will be formally known as the Montebello Bus Lines’ “Fiscal Year 2022-2023 Free-Fare Schedule” allowing City staff to further coordinate and implement necessary marketing activities in advance of the promotional dates.

3. Where reasonably necessary, the Montebello Bus Lines’ Director is authorized to make necessary modifications, adjustments and/or changes to the FY 2022-2023 Free-Fare Schedule; provided such modifications, adjustments and/or changes are done for a good cause and advance notice is given to riders of the proposed changes.

SECTION 2: That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.

APPROVED AND ADOPTED this 22nd day of June 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST: APPROVED AS TO FORM:

________________________________ ________________________________ Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney

STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:

CITY OF MONTEBELLO )
RESOLUTION NO. 22-42

I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that the foregoing Resolution No. 22-42 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 meeting of said Council held on the 22nd day of June 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

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Lupita Ibarra, Director of Transportation
SUBJECT: Approve a Change Order to Increase the Amount for the Blanket Purchase Order Established with Cummins Pacific LLC to Purchase Maintenance-related Bus Parts
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Approve a change order to increase the total not-to-exceed amount, from $30,000 to $38,000, for the blanket purchase order (PO) established with Cummins Pacific LLC (Cummins), to purchase maintenance-related bus parts, for Fiscal Year (FY) 2021-2022; and
2) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Sufficient funds for the blanket PO and the requested amount increase are included in the FY 2021-2022 Transit Corporate Shop operating account – Account Number 600-90- 915- 6080.50. Therefore, a budget amendment is not needed.

BACKGROUND
The City of Montebello (City) operates Montebello Bus Lines (MBL) with a fleet of sixtysix (66) buses that require regular maintenance to ensure superior transportation service is provided to the City and surrounding communities. The most efficient and cost-effective way to purchase replacement bus parts is to establish a blanket PO with the primary companies that supply the maintenance and replacement bus parts.

For FY 2021-2022, the City opened one (1) blanket PO (see Attachment “A”) and three ITEM #___ 31
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Approve a Change Order to Increase the Amount for the Blanket Purchase Order Established with Cummins Pacific LLC to Purchase Maintenance-related Bus Parts

(3) standard PO’s with Cummins. Currently, the citywide not-to-exceed amount for Cummins across all POs is $48,797. The three (3) standard PO’s have been expensed and closed. The one (1) blanket PO has been expensed but there remains a need for additional parts, and therefore an increase to the same is warranted.

ANALYSIS
The total amount appropriated for each PO for FY 2021-2022 has been exhausted. To maintain MBL’s fleet and fixed-route service for the remainder of FY 2021-2022, it is recommended that the total amount needed to purchase bus parts for the blanket PO be increased as follows:

Purchase Order Expensed Amount Additional Funds
Needed
Total FY 2021-
2022 Funds
Anticipated
2022-049 $850.95 $850.95
2022-074 $770.00 $848.93
2022-293 $30,000.00 $8,000.00 $38,000.00
2022-748 $17,096.96 $17,096.96
Total Citywide $56,796.84
The Montebello Municipal Code, Section 3.20 et seq., requires City Council approval for purchases of $50,000 or greater from a single vendor. The change order to increase the amount for the blanket PO established with Cummins will bring the citywide total above this approval threshold, requiring the City Council to approve the requested increase via a change order.

SUMMARY
Staff recommends that the City Council approve a change order to increase the total notto-exceed amount, from $30,000 to $38,000, for the blanket PO established with Cummins, to purchase maintenance-related bus parts; and direct City staff to take such additional, related action that may be desirable. A budget amendment is not necessary since sufficient funding exists in the Transit Corporate Shop account (Account No. 600- 90-915-6080.50).

ATTACHMENT:

A. Attachment A – Cummins Pacific LLC.- Memorandum and Cover Letter

CITY OF MONTEBELLO

MEMORANDUM
DATE: Wednesday, September 15, 2021
TO: Arlene Salazar, Assistant City Manager
FROM: Adrianna Kendricks, Acting Director of Transportation PREPARED BY: Wendy Taing, Management Analyst
SUBJECT: Establish a Blanket Purchase Order with Cummins Pacific LLC, Decals by Designs Inc., Micromed Diamond Seal Systems LLC, Mission Linen Supply, Zavalas Upholstery, and Zemarc Corporation The Transportation Department requests approval to establish a blanket purchase order (PO) with Cummins Pacific LLC, Decals by Designs Inc., Micromed Diamond Seal Systems LLC, Mission Linen Supply, Zavalas Upholstery, and Zemarc Corporation to purchase maintenance-related bus parts, vehicle fleet parts, building facility supplies, and rental services. The most efficient and cost-effective approach to purchasing replacement parts and supplies is to establish a sole source blanket PO with the primary companies that supply maintenance and replacement facility building supplies, bus, and vehicle parts. Items may include but are not limited to the following:
• Brakes, cables, filters, and sensor replacements.
• Pressure valves, pressure sensor, brake meter, and thermostat. • Headlights, fan control modules, clamps, windshield wipers, coolants, airbags, and thrust washers.
• EMP alternators, air conditioning compressors, and toggle switches. • Industrial respirator, nitrile gloves, and stretch wrap. • Soap less bus wash and bus rinse.
• Uniform and linen rental services.

The G/L account and total not-to-exceed amount for each blanket PO are listed as follows:

VENDOR I EXPENSE ACCOUNT I AMOUNT
Cummins Pacific LLC 600-90-915-6080 .50 $20,000
Total Not-to-Exceed Amount $20,000
Decals by Designs Inc. 600-90-915-6000.20 $15,000
Total Not-to-Exceed Amount $15,000

ATTACHMENT A
Micromed Diamond Seal 600-90-915-6000.30 $20,000 Systems LLC Total Not-to-Exceed Amount $20,000
Mission Linen Supply 600-90-900-6040 .10 $7,600
600-90-915-6040.10 $11,900
Total Not-to-Exceed Amount $19,500
Zavalas Upholstery 600-90-915-6080.40 $3,000
600-90-915-6080.50 $9,000
Total Not-to-Exceed Amount $12,000
Zemarc Corporation 600-90-915-6080.50 $4,000
202-,921-2017-6080.50 $11,000
Total Not-to-Exceed Amount $15,000
At your earliest convenience, please sign and approve the attached cover letters. Thank you.
�lc{M .. .. \.M,U����
Adrianna Kendricks
AK:WT
Vendor Name & ID
Requested
Items/Services

CITY OF MONTEBELLO

DEPARTMENT OF TRANSPORTATION

PURCHASE ORDER COVER LETTER
950- CUMMINS PACIFIC LLC
Blanket PO Request for FY21-22
Vehicle Maintenance/Expenses - Bus Parts
Reason for Purchase Bus Parts for Bus Maintenance
Account#
Project#
1STQUOTE
2NDQUOTE
3RDQUOTE
600-90-915-6080.50

VENDOR NAME

CUMMINS PACIFIC LLC

HD INDUSTRIES

FIND IT PARTS
Sales Tax $ 1,859.41 Grand Total
Supplies (iQservices LJ

BID/QUOTE SUMMARY

QUOTE/BID FORMAT AMOUNT
EMAIL $ 21.44
EMAIL $ 24.70
ONLINE $ 45.18
$ 20,000.00

DATE RECEIVED
7/19/2021
7/16/2021
7/19/2021
Notes THE MOST EFFICIENT AND COST-EFFECTIVE APPROACH TO PURCHASING REPLACEMENT BUS PARTS,

IS TO ESTABLISH A BLANKET PO WITH VARIOUS COMPANIES THAT SUPPLY THE MAINTENANCE AND REPLACEMENT BUS PARTS.

PO Inputted By

PRINT NAME SIGNATURE DATE
Approved By
DEPT. Manager Jose Acosta
- � o;l�J�,

PRINT NAME IGNATURE DATE
Approved By Adrianna Kendrinks q.12-zo�i DEPT. Director PRINT NAME DATE Approved By Arlene Salazar 11)() l!1.

CM/ACM PRINT NAME DATE
C
Sales
Service
and

DOWNEY CA BRANCH
BAR ARD Number: ARDD0293080 EPA: CAL000326402
RemHto:

Cummins Sales and Sarvice
P.O. Box 848731
Loe Angeles, CA 90084-8731
-QUOTEINVOICE NO
9520 STEWART & GRAV ROAD
DOWNEY, CA 90241 EXPIRATION DATE
(562) 41�2800

SOLD TO

CITY OF MONTEBELLO

ACCOUNTS PAYABLE
1600 W BEVERL V BL VD
MONTEBEUO, CA 90640-3932
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SHIP TO

CITY OF MONTEBELLO
400 S TAYLOR AVE
MONTEBELLO, CA 90640-5057

CONTACTBRYAN GARCIA
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PAGE 1 OF 1
... ON ACCOUNT CHARGE .,..

PUIIPIID. EQUIPIIEIIT ■AXE
C:PLNO. l!QUIPIIUT IIDDEL
PUIIP CODI! u•r110.
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QRDERLD ORDERED SHIPP[D NUtlBER UI SCRIPT ION conE UII/T PRICE /1110UNT 36 LF3000
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LFSTRAT FLG
AS A RESULT OF THE OUTBREAK OF THE DISEASE C0\110-19

ARISING FROM THE NOVEL CORONAVIRUS, TEMPORARY

DELAYS IN DELIVERY, LABOUR OR SERVICES FROM CUWJIINS
AND ITS SUB-SUPPLIERS OR SUBCONTRACTORS MAY OCCUR.

AMONG OTHER FACTORS, CUMMINS DELIVERY OBLIGATIONS

ARE SUBJECT TO CORRECT AND PUNCTUAL SUPPLY FROM

OUR SUB-SUPPLIERS OR SUBCONTRACTORS, AND CUMMINS
RESERVES THE RIGliT TO MAKE PARTIAL DELIVERIES OR
MODIFY ITS LABOUR OR SERVICE. WHILE CUMMINS SHALL

MAKE EVERY COMMERCIALLY REASONABLE EFFORT TO MEET

THE DELIVERY, SERVICE OR COMPLETION OBLIGATIONS SET
FORTH HEREIN, SUCH DATES ARE SUBJECT TO CHANGE.

21.44 SUBTOTAL:

STATE SALES TAX:

Billing Inquiries? Call (8n)480-6970

THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS

DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES, WHICH ARE

EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE BEEN READ AND FULLY UNDERSTOOD.

LOCAL TAXES:

TOTAL AMOUNT: US$
771.84
771.84

48.31 30.S7
849.02
RECEIVED BY (prlntname)
, _____________ SIGNATURl!__________ __,.,ATE. ______ _ 537 West Anaheim Street
Long Beach, CA 90813
Phone: (562) 591-5665
Fax: (562) 591-2941
www.gohdi.com
Sold To: crrv OF MONTEBELLO

ACCOUNTS PAYABLE
1600 W. BEVERLY BLVD.

MONTEBELLO CA 90640
Tax ID: •••

INDUSTRIES
A Division of Harbor Diesel and Equipment, Inc.

Ship To: CITY OF MONTEBELLO

TRANSIT WAREHOUSE
400 S. TAYLOR AVENUE
MONTEBELLO CA 90640
Authorization #:
customer Acct Number ! Customer Purchase Order 1
. • Phone Number Salesman
l 21122:a 1- - - - - l 323 558-1625 I dm
REMIT TO: P.O. Box 21399
Long Beach, CA 90801

PARTS INVOICE NUMBER

QUOTATION
IIIIIIIHIHII�
Date: 07-16-21
Pg_e: lof_l
__ Ship Via
DELIVERY 1 � I Loe �P!rt #
_ ��pti!� !' Ord 1 Ship .l �'! i
List Unit Price j Extension
QUOTE NUMBER • 8599
EXPIRATION DATE - 88-15-2821
885 LF3888
2118 CLS47133-81

OIL FILTER

FILTER KIT
Yard Tractors -- Sales� Service & Rentals • Available • • • • • • • • • • • * * • • • • • • • • • • • • • • • • • Genuine Filters.,, Cat/Cul!Blins/Fleetguard/DDC/Racor/Baldwin Call for Details Ill
87:31AM PARTS TAX
Signature: ___________________ _
36 36
48 48
Print Name: ___________________ Date: _____ _

TERMS, WARRANTIES, RETURN POUCY
QUOTE

CUSTOMER
SUbTotal
Freight
Sales Tax
Please Pay

24.78 28.55
889,28
1378.48
2259,60

0.00 231.61
2491.21
1) OUR TERMS ARE PAVMEl'IT ON DELIVERY. A SEIMCE CHARGE Of 1 K" PER MONTH (l8'1£ PER 5) AU l'ARlS SOLD AND/OR INSTALLEO BY HDI ARE WARRANTIED BY THE MANUFACTURER, HDI ANNUM) WILL BE CHARGED IF PAYMENT IS NOT RECEIVED WITHIN 30 DAYS OF INVOICE DATE. IN ACCEITT NO RESPONSIBIIJTY FOR FIT, TYPE OR QUAIJlY OF ANY VENDOR ITEMS.

THE EVENT LEGAL ACTlON 15 REQUIRED TO ENFORCE PAYMENT, CUSTOMER AGREES TO PAY HDI 6 ) KITS AND/OR srn ARE NOT RETURNABLE IF CARTON 15 OPENED.

ALL COURT cos-r.; AND ATTORNEY FEES. 7) CORES MUST BE RETURNED WITHIN 5 WORKING DAYS OF INVOICE DIU'E ACCOMPANIED BY A 2) A 2(1!1; RESTOCICING CHARGE WILL BE CHARGED ON AU ITEMS RETURNED. COPY OF THE INVOICE. CORES MUST BE DRAINED, ASSEMBLED AND IN ORIGINAL CARTON. 3) AU REQUESTS FOR RETURN MUST BE IN ORIG INAl, CLEAN CARTON, UNUSED WITHIN 30 DAYS Bl ALLSPEC1AL ORDERED PARTS THAT VOU HAVE MADE A DEPOSIT ON MUST BE PICKED UP OF INVOICE, AND ACCOMPANIED 8V A COPY OF THE INVOICE. WlllllN TEN 110) DAYS OR 'l'OUR DEPOSIT IS FORFEITED. 41 NO ELECTRICAL OR SPECIAL ORO£R ITEMS MAY BE RETURNED. 9) All RETURNED CHECICS ARE SUBJECT TO A $35.00 HAN DUNG FEE. £ll A\. WARNING: Products belne sold to you can expose you t.o chemicals which are known to the State af t:alifomia to cause can�,, birth defects or other reproductive harm. For more 1nformatton 10 to www.P65Wamlngs.ca.gov. 7/19/2021 LF3000 by FLEETGUARD - Lube Filter Combination -
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CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: Honorable Mayor and City Council Members
FROM: René Bobadilla, P.E., City Manager
BY: Paul Espinosa, Chief of Police
SUBJECT: Award Professional Service Agreement No. 4001 with Alltech Industries Inc. for Crossing Guard Services
DATE: June 22, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Award Professional Services Agreement to Alltech Industries Inc. for Crossing Guard Services; and
2) Authorize the City Manager to execute an Agreement on behalf of the City; and 3) Take such additional, related, action that may be desirable.

FISCAL IMPACT
This pricing is based upon five (5) crossing guards compensated an average of three (3) hours per day, for 180 school days annually. The annual not-to-exceed amount for Fiscal Year 2022-23 is $81,000. The term of this agreement is for three (3) years, commencing upon the Effective Date of a notice to proceed and expiring three years hence. The agreement allows for an extension of up to two (2) one-year periods (Attachment A).

Funds for crossing guard services are currently budgeted in the Police Department’s Fiscal Year 2022-23, Investigative Services, Outside Contracts account (Account No. 100-80-830-6040.10).

BACKGROUND
RFP Process
Pursuant to the City of Montebello Municipal Code (MMC), the Montebello Police Department released a Request for Proposal (RFP 22-9) on May 12, 2022. The RFP ITEM #___ 32
CITY COUNCIL AGENDA REPORT – MEETING OF JUNE 22, 2022
Award Professional Service Agreement No. 4001 with Alltech Industries Inc. for Crossing Guard Services

asked for providing all labor for crossing guard services at five (5) locations for three (3) hours a day, for one hundred and eighty days a year (180).

Consistent with the Municipal Code, the RFP was posted on www.PlanetBids.com and on the City’s website. The RFP included detailed information on the services needed, the scope of work, the proposal submission process, closing date and time, and other applicable submittal requirements.

Two (2) sealed bids were received on or before the submission deadline. No submittals were received after the deadline. The Montebello Police Department has analyzed the proposals and is presenting a recommendation to the City Council as analyzed in this report.

Proposals Received
Staff reviewed the responsive proposals thoroughly, and found that the firm, Alltech Industries Inc. met the qualifications as outlined in the RFP, and is capable of performing the requested services for the Crossing Guard Contract.

DISCUSSION
Alltech Industries Inc. (AII) is a security company providing crossing guard, armed and unarmed guard and security patrol services. The company coordinates all aspects related to recruitment, local hiring, conducting background clearance compliant with Department of Justice standards, training, payroll, administrative support, and coordination of assigning qualified substitutes during absences, local supervision, and communicating with school and site safety inspectors.

SUMMARY
Staff is recommending that the City Council consider approving Alltech Industries Inc. to provide school crossing guard services to the City of Montebello for period ending June 2023. Sufficient funding for these services is included in the adopted FY 2022-23 budget.

ATTACHMENTS:

A. Attachment A – Draft Agreement
B. Attachment C – RFP 22-9
C. Attachment B – Alltech Industries Inc. Response to RFP No. 22-9

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4001
WITH ALLTECH INDUSTRIES, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on JULY 1, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ALLTECH INDUSTRIES, INC. (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS
WHEREAS, the CITY desires to retain a qualified professional consultant to provide crossing guard services in the CITY; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS
a. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:

1. This Agreement and its Exhibits, including any and all addenda or supplemental agreements.

2. RFP No. 22-9

3. Proposal referenced and Best Final Offer received by the successful proposer.

4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
b. These documents shall be collectively referred to herein as the “Contract Documents.” In the event of a conflict among the Contract Documents, the order of precedence list above shall apply.

SECTION 2. SERVICES / COMPENSATION.
a. All terms, conditions, requirements, and provisions of the Request for Proposals for Crossing Guard Services in the City of Montebello (May 2022) (“Request for Proposals”), as such is set forth fully in Exhibit “A” hereto, are hereby incorporated fully herein by this reference and shall be binding on the Parties. To the extent of a conflict between the terms of this Agreement and that set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.

ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. _____

b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to crossing guard services as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”). c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation without the prior written consent of the CITY.

SECTION 3. TERM.
a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing. b. Notice to Proceed. Any work or service contemplated under this Agreement shall not commence until the CITY has issued a written Notice to Proceed issued by CITY’s applicable, department head.

SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein. b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of Consultant hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorneyclient privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. _____

SECTION 5. WORK PRODUCT.
a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.
b. All data, documents, discussion, or other information developed or received by the CONSULTANT or provided for performance of this Agreement are deemed confidential and shall not be disclosed by the CONSULTANT without prior written consent by the CITY. The CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to the CITY upon the termination or expiration of this Agreement. The CONSULTANT agrees that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by the CONSULTANT under this Agreement unless such extra services first shall have been duly authorized in writing by the CITY’s City Manager (the “City Manager”).

SECTION 7. CITY SUPERVISION.

The City Manager shall have the right of general supervision of all work performed by the CONSULTANT and shall be the CITY’s agent with respect to obtaining the CONSULTANT’s compliance hereunder. No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.

SECTION 8. TERMINATION.

In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to

ATTACHMENT A
PROFESSIONAL SERVICES AGREEMENT NO. _____

the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
b. Termination for Convenience. The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “nonrefundable” costs that the CONSULTANT has incurred for its services under this Agreement, provided that: (1) such “non- refundable” costs were incurred by the CONSULTANT prior to the date of termination, and (2) that the CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.

SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.

No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.

SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder. b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement. c. The CITY shall not deduct from the Compensation paid to the

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CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by the CITY, including but not limited to eligibility to enroll in PERS as an employee of the CITY and entitlement to any contribution to be paid by the CITY for employer contribution and/or employee contributions for PERS benefits.

SECTION 13. LEGAL RESPONSIBILITIES.

The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.

SECTION 14. INDEMNIFICATION.

The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed

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boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
 Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
 Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.  Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
 Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement. d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.

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f. Evidence of Insurance prior to commencement. The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:

City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
g. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s). h. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages. i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it. k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

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l. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.

Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.

Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.

SECTION 17. NO WAIVER.

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

SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.

Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may

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