Montebello City Council
August 10, 2022

IN WITNESS WHEREOF, the Parties ha ve executed this Amendment No. 3 to the Contract Agreement No. 3697 for Maintenance and Support of the Montebello Bus Lines Intelligent Transportation System Technology as of the day and year first above written.

(“CITY”)

CITY OF MONTEBELLO

By: _____________________________
René Bobadilla, P.E., City Manager

ATTEST:

By: _____________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

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

(“CONTRACTOR”)
AVAIL TECHNOLOGIES, INC.

By: _____________________________
Kerry Couch, Chief Financial Officer

IT EM #____
CIT

Y OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: Lupi
ta Ibarra, Director of Transportation
SUBJ
ECT: Approve Amendment No. 1 to Agreement No. 2669 with Clean Energy Fuels Corp. to Provide Maintenance and Support Services for Montebello Bus Lines’ Compressed Natural Gas Station
DAT
E: August 10, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Appr
ove Amendment No. 1 to Agreement No. 2669 with Clean Energy Fuels Corp. (Clean Energy), to provide maintenance and support services for Montebello Bus Lines’ compressed natural gas (CNG) station for an additional one-year (1-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms; and
2) Aut
horize the City Manager and/or designee to execute Amendment No. 1 on behalf of the City of Montebello (City); and
3) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
The total cost for maintenance and support services annually is for a total not-to-exceed amount of One Hundred Forty Thousand Dollars ($140,000). Funding for this agreement will be allocated from the Transportation Department’s Fiscal Year 202 2-23 adopted operating budget: Transit Operations expense Account No. 600- 90-915-6040.95 (Contract Services, Other Professional Services). Therefore, a budget amendment is not needed.
16 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Amendment No. 1 to Agreement No. 2669 with Clean Energy Fuels Corp. to Provide Maintenance and Support Services for Montebello Bus Lines’ Compressed Natural Gas Station

BACKGROUND
On September 8, 2010, the City entered into Agreement No. 2669 (see Attachment A) with Clean Energ y (together with Clean Energy Construction, a California Corporation and wholly -owned subsidiary of Clean Energy) to design, build, install, operate, and maintain Montebello Bus Lines’ (MBL) CNG station. The station provides approximately 400,000 gallons of CNG fuel each year, and it is an essential resource to MBL’s operation.

Over the past 10 years, Clean Energy has provided the City with maintenance and support services to ensure MBL operations has the fueling capacity needed to make daily rollout. Clean Energy’s team of local, trained technicians provides regular on-site visits to conduct equipment inspection and preventative maintenance. Clean Energy has consistently provided staff with data analytics, monthly and quarterly reports, fuel volume usage, and 24/7 remote monitoring, to avoid disruption of service and improve fuel consumption and cost efficiency.

In accordance with the Agreement, the CNG station was placed into operation on September 1, 2012 (see Attachment B) , and the ten -year maintenance and support services term will expire on August 31, 2022. Clean Energy has provided the City with exceptional service performance. As such, the Transportation Department is recommending the City Council approve the proposed Amendment No. 1 to Agreement No. 2669 (see Attachment C). The proposed Amendment No. 1 will extend services from Clean Energy from September 1, 2022 , through August 31, 2023, with the opti on to subsequently renew the agreement up to two (2) additional one-year (1-year) terms.

Since the original scope of work included a design, build and installation, the proposed Amendment No. 1 includes a Revised Scope of Work outlining the operation and maintenance services required under the new term.

Conformance with Montebello Municipal Code

Chapters 3.20.050 and 3.21.025 (“Conformance with Bidding Procedures”) describe exceptions to the purchase of su pplies, equipment or professional services. The amended agreement with Clean Energy to supply maintenance services is considered a “standardization of goods and/or services” (MMC 3.20.050(C)). While there are other maintenance service providers, Clean Energy is the most suitable vendor based on their expertise and years of experience in this field, and in particular their familiarity and experience with t he equipment and MBL’s operations. Furthermore, Clean Energy’s experience with MBL’s operation and CNG equipment requires an exception to the five- year maximum term of agreements (MMC 3.20.050(K)).

As the City transition s to a zero- emission bus (ZEB -hydrogen) rollout plan, it is more advantageous to renew the CNG Agreement with Clean Energy for an additional year as CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Amendment No. 1 to Agreement No. 2669 with Clean Energy Fuels Corp. to Provide Maintenance and Support Services for Montebello Bus Lines’ Compressed Natural Gas Station

a temporary solution while conducting further research on the station to accommodate the new fleet. Pursuing a new agreement with a new vendor at this point in time would not enable staff to make necessary fueling modifications as needed.

Within the next year, staff will be better able to assess whether or not the station should be upgraded to facilitate an increase in CNG buses or modified for ZEBs , and further research will be done on whether an alternate vendor would provide a benefit to the City.

However, for now, staff recommends City Council approve this amendment, utilizing the standardization of services exception in MMC 3.20.050(C ) and approving an agreement with a term exceeding five years (MMC 3.20.050(K)).

SUMMARY
Staff recommends the City Council approve Amendment No. 1 to Agreement No. 2669 with Clean Energy to continue providing maintenance and support services for Montebello Bus Lines’ compressed natural gas station for an additional one- year (1-year) term with the option for renewal of up to two (2) additional one- year (1-year) terms; and authorize the City Manager and/or his designee, to execute Amendment No. 1 on behalf of the City.

ATTACHMENTS:

A. Attachment A – Agreement No. 2669 with Clean Energy Fuels Corp.

B. Attachment B – Clean Energy Fuels Commencement Letter C. Attachment C – Proposed Amendment No. 1 to Agreement No. 2669 and Revised Scope of Work

ATTACHMENT A

PART II -GENERAL TERMS AND CONDITIONS

NOTE THAT THIS PART CONTAINS PROPOSED GENERAL CONDITIONS THAT WILL BE INCLUDED IN THE AGREEMENT BETWEEN THE CONTRACTOR AND MBL. MBL

RESERVES THE RIGHT TO MODIFY THE CONDITIONS STATED HEREIN, AND TO ADD OR DELETE CONDITIONS PRIOR TO CONTRACT EXECUTION.

13. Scope of Services and Term

13.1. General Scope of Services
Contractor shall design, build, install, operate and maintain a Compressed Natural Gas ("CNG") Station (hereinafter the "Station") at City of Montebello Transportation Facility located at 400 South Taylor Ave, Montebello, CA 90640- 5057 (hereinafter referred to either as the "Property" or the "Facility"). All Contractor furnished equipment shall be new and unused. Contractor shall successfully test the Station upon completion to confirm compliance with all specifications and contractual conditions set forth herein.

13.2. Term

13.2.1. Construction/Installation
Contractor agrees that it will initiate construction/installation of the Station no later than ____ , and complete construction/installation of the Station no later than ____ _

13.2.2. Operations/Maintenance
Contractor agrees that it will operate and maintain the Station under the terms of this Agreement for a period of five (5) years commencing on and ending on . MBL may renew this
Agreement relative to the Contractor's responsibilities to operate and maintain the Station under the same terms and conditions set forth herein for a consecutive five (5) year term. If MBL exercises its option to renew the Agreement, it will provide Contractor with a sixty (60) day written notice of its intent to renew. If MBL does not exercise its option to renew the Agreement, it will provide Contractor with at least thirty (30) days written notice.

14. Fees and Payments

14.1. Construction/Installation-Fixed Price
MBL agrees to pay the Contractor
construction/installation of the Station.

14.2. Monthly Fee- TO BE DETERMINED
16 for the
Request for Proposals I 0-06
CNG Fueling Station

ATTACHMENT B

ATTACHMENT C

CITY OF MONTEBELLO

AMENDMENT NO. 1
TO AGREEMENT NO. 2669
WITH CLEAN ENERGY FUELS CORP.

This Amendment No. 1 to Agreement No. 2669 ("Amendment No. 1 ") is made and entered into as of the 10th day of August 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 Clean Energy Fuels Corp., a corporation duly organized and existing under the law of the State of California, ("Contractor "). City and Contractor are sometimes hereinafter referred to collectively as the "Parties”.

RECITALS

WHEREAS, City and Contractor are Parties to that certain Agreement No. 2669 to provide contracted services, to design, construct, and maintenance and support of the Montebello Bus Lines ’ Compressed Natural Gas Station with an “Effective Date” of September 8, 2010 ("Agreement"), pursuant to which City contracted with Contractor to provide services as defined in the Agreement; and

WHEREAS, Article XVI ("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 services for an additional one (1) year, with an option to extend for two (2) subsequent one-year terms on the conditions set forth in the Agreement and as provided herein; and

WHEREAS, the Parties also desire to amend the scope of work of the Agreement given that design and construction component of the original project is no longer a required service (hereinafter, the “Revised Scope of Work”); and

WHEREAS, due to the anticipated extension of the term of services and the Revised Scope of Work , an amendment Compensation ( as 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 NO. 1 TO AGREEMENT NO. 2669

AMENDMENT

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

SECTION 2: EXTENSION OF TERM. Through this Amendment No. 1 , the Parties hereto agree to extend the term of the Agreement from September 1, 2022, to August 31 , 2023; unless such time if further extended in writing by a subsequent amendment and executed by both Parties.

SECTION 3 : AMENDMENT TO THE SCOPE OF WORK. Through this Amendment No. 1 , the Parties hereto agree to amend the scope of work to the Agreement. The Revised Scope of Work is attached hereto as Exhibit “A” and incorporated herein by this reference.

SECTION 4: 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 contract services contemplated in the Agreement and Revised Scope of Work memorialized in Amendment No. 1 shall not exceed the annual amount of One Hundred Forty Thousand Dollars ($140,000). Such sum shall include all amounts payable to Contractor for its subcontracts, leases, materials, and cost arising from, or due to termination of the Agreement. City shall pay Contractor 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 5: INCORPORATION OF REMAINING TERMS. Other tha n 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.

AMENDMENT NO. 1 TO AGREEMENT NO. 2669

IN WITNESS WHEREOF, the Parties have executed this Amendment No. 1 to Agreement No. 2669 to provide contracted services, to design, construction, and maintenance and support of the Montebello Bus Lines Compressed Natural Gas Station as of the day and year first above written.

(“CITY”)

CITY OF MONTEBELLO

By: _____________________________
René Bobadilla, P.E., City Manager

(“CONTRACTOR”)

CLEAN ENERGY FUELS CORP

By:

Robert Vreeland, CFO

ATTEST:

By: _____________________________
Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

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

EXHIBITS:
 Exhibit “A” – Revised Scope of Work

July 19, 2022

Ms. Wendy Taing
Management Analyst
Montebello Bus Lines
400 S. Taylor Ave.

Montebello, CA 90640

Re: CNG Maintenance Contract 1 year

E
xtension

Dear Wendy,

Clean Energy is proud of the fact we have provided the City of Montebello’s CNG bus fleet with reliable fueling

at your transit facility since we completed design, construction and commenced operations and maintenance services on September 1, 2012. We understand the importance of making rollout

with your fleet
every day.

Please find below

pricing for a

1 year contract extension

.

The pricing

offer is valid for

90 days.

• 1 year contract extension = hold our current pricing until 1-Sep-2023 (no CPI increase) = $3,072.12 per month + $0.21

479

per DGE.
• The contract can be extended further during this new term,

with
normal CPI increases
resuming on 1-Sep-2023.

The estimated, not-to-exceed value of this 1 year contract extension is $140,000. This is just an estimate based on the monthly fee, per gallon fee and annual fuel usage. Clean Energy will bill based on actual volumes o

f
fuel used, per the contract.

This pricing is for the following Operation & Maintenance (O&M) scope of service. Please note this is the same scope as our current contract and is re-stated here for

convenience.

Clean Energy will

continue to maintain the following CNG fueling station equipment that is
already installed

at your
site:
• 2x Ariel

CNG compressors

• 2x CNG compressor booster pumps
• Set of 3x high pressure CNG storage bottles
• 1x gas dryer
• 2x CNG fast fill dispensers
• CNG system

pressure relief valves (PRVs)

Clean Energy’s specific scope of maintenance service on this equipment:
• All routine inspections (see checklist below)
• Preventative maintenance

(see checklist below)
• Emergency maintenance
• 24/7 call-outs service response

EXHIBIT "A"

REVISED SCOPE OF WORK

• Consumables, repair parts, rebuild parts
• Safe fueling training for Montebello Bus Lines staff
• Remote monitoring of station

Clean Energy may, in its reasonable judgment, adjust the maintenance services it provides, or the intervals at which it provides such services if such changes are in accordance with the applicable equipment manufacturer's requirements.

Sincerely,

Alphonse Anderson

Alphonse Anderson
Account Manager, Western Transit
[email protected]
Cell: 949-266-1475

ITEM #____
CI

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: Lupi
ta Ibarra, Director of Transportation
SUBJ
ECT: Adopt Resolution No. 22-61 Authorizing the City Manager to Execute All Required Documents to Obtain Funds Provided by Senate Bill 1 (SB1)
DAT
E: August 10, 2022
RECOMMENDATIONS:

It
is recommended that the City Council:
1) Adop
t Resolution No. 22-61 authorizing the City Manager to execute all required documents to obtain funds provided by Senate Bill 1 (SB1); and 2) Tak
e such additional, related, action that may be desirable.

FISCAL IMPACT
Th
e Senate Bill 1– Road Repair and Accountability Act of 2017 (SB1/RMRA) provides funding of approximately $105 million annually to transit operators in California under the State of Good Repair Program (SGR). These funds are made available for eligible transit maintenance, rehabilitation, and capital projects. The City of Montebello (City) has various transit projects related to facility maintenance, repairs, and upgrades that will utilize the City’s Fiscal Year (FY) 2022-23 allocation of SGR funds of $450,129.

In ad
dition, an allocation of $1,001,991 in State Transit Assistance (STA) funds for FY 2022-23 is available for operating and capital purposes. These funds are made possible to transit operators through a statewide excise tax imposed on diesel fuel. These funds are included in the adopted FY 2022-23 budget, in Fund 202 (Transit – State of Good Repairs [STA/SGR]).
17 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adopt Resolution No. 22-61 Authorizing the City Manager to Execute All Required Documents to Obtain Funds Provided by Senate Bill 1

These funds are in addition to the $1.403 million in SB1/RMRA funds the City receives for non-Transit related projects. This other tranche of SB1/RMRA funds (recorded in Fund 201) is used for various street and road rehabilitation projects. The spending plan for these funds can be found in the FY 2022-23 capital improvement program budget.

BACKGROUND
On April 28, 2017, the Governor signed the Road Repair and Accountability Act of 2017, Senate Bill 1 (SB1) (Chapter 5, Statues of 2017). SB1 provides additional revenue funding, through SGR and STA, to transit operators for eligible transit maintenance, rehabilitation, and capital projects. This funding is in addition to the $1.403 million the City is forecasted to receive in additional SB 1 revenue earmarked for road repair and maintenance work and related projects.

SB1 named the California Department of Transportation (CalTrans) as the administrative agency responsible for these funds and emphasized the importance of accountability and transparency in the delivery of California’s transportation programs. In order to be eligible for SGR funding, local agencies must comply with various regulations and reporting requirements.

The Los Angeles Country Metropolitan Transportation Authority (Metro) is the local planning agency designated to administer the distribution of these funds to transit agencies in the Los Angeles County region. If the City agrees to the conditions and requirements set forth in the Certification and Assurances document and all applicable statutes, regulations, and guidelines, the City becomes eligible to receive STA funding from the SGR Account for transit projects.

On June 23, 2022, Metro adopted the FY 2023 SB1-STA/SGR allocations (Attachment A). To obtain the City’s allocated funds, staff is also required to identify specific projects that will be associated with SGR and STA funds. These projects are as follows:

FY 2022-23 (SGR)
Funding Available: Projects:
$450,129 • HVAC at Transit Facility
• Transportation Facility Improvements

In November 2017, SB1 also imposed an additional 20 cent statewide excise tax on diesel fuel which is revenue the City is eligible to receive through the STA. These revenues are programmed through the State’s STA account for FY 2022-23.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adopt Resolution No. 22-61 Authorizing the City Manager to Execute All Required Documents to Obtain Funds Provided by Senate Bill 1

The City proposes to use its share of STA FY 2022- 23 funding ($1,001,991) for capital and operating expenses as follows:

FY 2022-23 (STA)
Funding Available: Projects:
$1,001,991 • Hydrogen Fuel Cell Electric Battery Buses

ANALYSIS
The City operates Montebello Bus Lines (MBL) to provide fixed-route service to the cities of Alhambra, Bell Gardens, Commerce, Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, San Marino, South Gate, and Whittier on a yearly basis.

Therefore, a consistent need exists to maintain access to available funding opportunities for the continued delivery of transportation services to the City and surrounding communities.

To ensure the City is able to continually access SGR and STA funding, the City previously approved and submitted the Authorized Agents Form and Certifications and Assurances Form (Attachment B) to Caltrans on March 23, 2022. In addition to these forms, the list of projects identified for SGR and STA funding must be approved through a Board (i.e., City Council) Resolution (Attachment C).

SUMMARY
Staff is recommen ding that the City Council adopt a Resolution authorizing the City Manager to execute all required documents to obtain funds provided by Senate Bill 1 (SB1) through the California Department of Transportation State of Good Repair Program and State Transit Assistance accounts.

ATTACHMENTS:

A. Attachment A – FY 2023 SB1 STA & SGR Allocation
B. Attachment B – Authorized Agent & Certifications and Assurances Forms C. Attachment C – Resolution No. 22-61 authorizing the City Manager to Execute Documents to Obtain Funds Provided by Senate Bill 1 (SB1)

Los Angeles County Metropolitan Transportation Authority FY 2023 Transit Fund Allocations
3 TDA Article 4 +
Interest STA + Interest
Proposition A
95% of 40 %
Discretionary Sub-Total FAP
20% Bus
Operations
Clean Fuel &
Facilities
STA State of Good
Repair
Included Operators:
1 Metro Bus Ops 370,984,253$ 44,361,104$ 197,849,638$ 613,194,996$ 42,121,831$ 24,923,334$ 158,160,906$ -$ 157,912,946$ 34,506,408$ 15,501,469$ 1,046,321,890$ Municipal Operators:
2 Arcadia 649,251 50,043 224,140 923,435 3,858 103,344 178,418 - 178,138 38,926 17,487 1,443,606 3 Claremont 146,856 16,460 73,725 237,040 1,541 26,227 58,686 - 58,594 12,804 5,752 400,643 4 Commerce 462,628 46,268 391,840 900,736 24,796 1,244,651 164,959 - 164,700 35,990 16,168 2,551,999 5 Culver City 7,661,136 875,700 3,922,235 12,459,071 366,724 1,837,732 3,122,138 - 3,117,243 681,166 306,003 21,890,078 6 Foothill Transit 35,517,430 4,201,163 18,816,891 58,535,484 1,321,336 8,956,784 14,978,433 - 14,954,950 3,267,887 1,468,047 103,482,922 7 Gardena 7,023,418 803,274 3,597,842 11,424,535 259,483 2,218,482 2,863,918 - 2,859,428 624,829 280,695 20,531,371 8 La Mirada 288,301 12,224 54,753 355,278 2,503 19,478 43,584 - 43,515 9,509 4,272 478,138 9 Long Beach 32,053,804 3,628,053 16,493,649 52,175,505 3,057,135 9,144,335 12,935,117 - 12,914,838 2,822,091 1,267,781 94,316,801 10 Montebello 11,229,362 1,288,149 5,769,584 18,287,095 425,185 3,521,890 4,592,647 - 4,585,446 1,001,991 450,129 32,864,382 11 Norwalk 4,391,066 501,057 2,244,218 7,136,341 151,822 859,288 1,786,420 - 1,783,619 389,748 175,088 12,282,326 12 Redondo Beach 1,028,033 115,801 518,670 1,662,505 35,996 188,837 412,867 - 412,219 90,076 40,465 2,842,965 13 Santa Monica 27,832,582 3,197,272 14,320,490 45,350,345 1,088,936 5,957,484 11,399,253 - 11,381,382 2,487,007 1,117,249 78,781,655 14 Torrance 9,135,072 1,039,677 5,070,845 15,245,594 405,759 3,578,843 3,706,766 - 3,700,954 808,715 363,303 27,809,935 15 Sub-Total 137,418,939 15,775,142 71,498,883 224,692,963 7,145,074 37,657,374 56,243,205 - 56,155,028 12,270,738 5,512,439 399,676,821 Eligible Operators:
16 Antelope Valley - - 5,840,121 5,840,121 198,045 1,785,658 3,577,126 - 3,571,518 780,432 350,597 16,103,496 17 LADOT - - 29,876,731 29,876,731 1,854,633 6,467,230 7,645,048 - 7,633,063 1,667,942 749,297 55,893,945 18 Santa Clarita - - 5,035,631 5,035,631 319,501 1,377,446 2,991,220 - 2,986,530 652,603 293,172 13,656,102 19 Foothill BSCP - - 6,467,657 6,467,657 - 599,534 1,654,985 - 1,652,391 361,073 162,206 10,897,845 20 Sub-Total - - 47,220,140 47,220,140 2,372,179 10,229,868 15,868,379 - 15,843,501 3,462,049 1,555,272 96,551,388 Tier 2 Operators:
21 LADOT Community Dash - - 4,841,452 4,841,452 - - - - - - - 4,841,452 22 Glendale - - 1,450,906 1,450,906 - - - - - - - 1,450,906 23 Pasadena - - 962,342 962,342 - - - - - - - 962,342 24 Burbank - - 292,142 292,142 - - - - - - 292,142 25 Sub-Total - - 7,546,842 7,546,842 - - - - - - - 7,546,842 26 Lynwood Trolley - - - - - 233,639 - - - - - 233,639 27 Total Excluding Metro 137,418,939 15,775,142 126,265,865 279,459,946 9,517,253 48,120,882 72,111,584 - 71,998,530 15,732,787 7,067,710 504,008,691 28 County of Los Angeles 67,097 67,097
29 Grand Total 508,403,193$ 60,136,246$ 324,115,503$ 892,654,941$ 51,639,084$ 73,044,216$ 230,272,491$ - $ 229,911,476$ 50,239,195$ 22,636,276$ 1,550,397,678$

STATE AND LOCAL FUNDS
Formula Allocation Procedure Measure R Senate Bill 1
Operators Proposition C
5% Security
Measure
M
Proposition C
40%
Discretionary
Total

ATTACHMENT A
.:.

City of Montebello

State Transit Assistance State of Good Repair Program
Recipient Certifications and Assurances
Recipient: Cif) of Montebello
Effective Date: March 23, 2022
In order to receive State of Good Repair Program (SGR) funds from the California Department of Transportation (Department), recipients must agree to following terms and conditions:

A. General
( 1) The recipient agrees to abide by the State of Good Repair Guidelines as may be updated from time to time.
(2) The potential recipient must submit to the Department a State of Good Repair Program Project List annually, listing all projects proposed to be funded by the SGR program. The project list should include the estimated SGR share assigned to each project along with the total estimated cost of each project.. (3) The recipient must submit a signed Authorized Agent form designating the representative who can submit documents on behalf of the recipient and a copy of the board resolution authorizing the agent.

B. Project Administration
(1) The recipient certifies that required environmental documentation will be completed prior to expending SGR funds. The recipient assures that each project approved for SGR funding comply with Public Resources Code§ 21100 and§ 21150. (2) The recipient certifies that SGR funds will be used for transit purposes and SGR funded projects will be completed and remain in operation for the estimated useful lives of the assets or improvements.
(3) The recipient certifies that it has the legal, financial, and technical capacity to deliver the projects, including the safety and security aspects of each project. (4) The recipient certifies that there is no pending litigation, dispute, or negative audit findings related to any SGR project at the time an SGR project is submitted in the annual list.

ATTACHMENT B

STATE OF CALIFORNIA• DEPARTMENT OF TRANSPORTATION
Division of Rail and Mass Transportation
State Transit Assistance State of Good Repair Program
Authorized Agent Form
Authorized Agent
•·f1:dtrans·
The following individual(s) are hereby authorized to execute for and on behalf of the named Regional Entity/Transit Operator, and to take any actions necessary for the purpose of obtaining State Transit As sistance State of Good Repair funds provided by the California Department of Transportation, Division of Rail and Mass Transportation. This form is valid at the beginning of Fiscal Year 2022-2023 until the end of the State of Good Repair Program. If there is a change in the authorized agent, the project sponsor must submit a new form. This form is required even when the authorized agent is the executive authority himself. _R.e.----en=e�' =B�o�b�ad� i_ll�a�. �C _it_y_M�an_ a __ g ..... re_r ___________________ OR (Name and Title of Authorized Agent)
_Ar...=l=e=n�e�S=a=la=z=ar=·�A� s=s =is�ta=n=t __ C� i-tv ___ M=a=n =a�g�er _ ______________ OR
(Name and Title of Authorized Agent)
Lupita Ibarra. Director of Transportation
(Name and Title of Authorized Agent)
AS THE Ci ty Manae:er
(Chief Executive Officer/ Director/ President/ Secretary ) OF THE Citv of Montebello
(Name of County/City Organization)
Rene Bobadilla Citv Manager
(Print Name) (Title)
flt-/�
i?;ignature) '
Approved this ___ 23�r�d ___ day o/ ___ M_ar_c_h ____ . 2022 FY 22-23 SB 1 STA State of Good Repair

ATTACHMENT C
RESOLUTION NO. 22-61

RESOLUTION OF THE CITY OF MONTEBELLO , CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REQUIRED
DOCUMENTS TO OBTAIN FUNDS PROVIDED BY SENATE BILL 1
(SB1)

RECITALS

WHEREAS, the City of Montebello (City) is an eligible project sponsor and MAY RECEIVE State Transit Assistance funding from the State of Good Repair Account (SGR) or sometime in the future for transit projects; and

WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and WHEREAS, Senate Bill 1 (2017 ) named the Department of Transportation (hereinafter the “Department”) as the administrative agency for the SGR; and WHEREAS, the Department has developed guidelines for the purpose of administering and distributing SGR funds to eligible project sponsors (local agencies); and
WHEREAS, the Montebello City Council has reviewed and approved a list of projects for funding under this program; and
WHEREAS, the City agrees to comply with all conditions and requirements set forth in the Certification and Assurances document as identified in Attachment B; and WHEREAS, the City of Montebello wishes to delegate authoriza tion to execute required documents and any amendments thereto the City Manager and appointed Designee.

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

APPROVES THE AUTHORIZATION OF THE CITY MANAGER TO EXECUTE ALL REQUIRED DOCUMENTS TO OBTAIN FUNDS PROVIDED BY SENATE BILL 1 (SB1); AND

SECTION 1: Approvals and Certifications.

1. Certifies that the City Manager and appointed Designee be authorized to execute all required documents of the SGR and any Amendments thereto with the California Department of Transportation; and

2. Agrees to comply with all applicable federal, state , and local laws, ordinances, rules, regulations , and guidelines for all SGR funded transit projects; and
RESOLUTION NO. 22-61

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 10th day of August 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. 22-61 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 10th day of August 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
IT EM #____
CI

TY OF MONTEBELLO
CIT

Y COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY: Lupi
ta Ibarra, Director of Transportation
SUBJ
ECT: Approve E stablishing Sole -Source Blanket Purchase Order s with American Moving Parts, Cummins Pacific, Inland Kenworth, Interstate Batteries, Napa Auto Parts, NFI Parts, and Wayne Electric Company to Purchase Maintenance-related Bus Parts and Vehicle Fleet Parts DAT
E: August 10, 2022
RECOMMENDATIONS:

It is recommended that the City Council:
1) Appr
ove establishing a sole-source blanket purchase order with American Moving Parts, LLC (American Moving Parts), for the t otal not -to-exceed amount of $80,000, to purchase maintenance- related bus parts for Montebello Bus Lines (MBL) and vehicle fleet parts for the Montebello Fire Department (MFD) for the Fiscal Year 2022-23; and
2) Appr
ove establishing a sole-source blanket purchase order with Cummins Pacific, LLC (Cummins Pacific), for the total not-to-exceed amount of $80,000, to purchase maintenance-related bus parts for MBL and vehicle fleet parts for the MFD for the Fiscal Year 2022-23; and
3) Appr
ove establishing a sole-source blanket purchase order with Inland Kenworth Inc. (Inland Kenworth), for the total not-to-exceed amount of $75,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and 4) Appr
ove establishing a sole-so urce blanket purchase order with R & M Hansen Enterprises, Inc. ( dba Interstate Batteries), for the total not -to-exceed amount of $75,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and
18 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Establishing Sole-Source Blanket Purchase Orders with American Moving Parts, Cummins Pacific, Inland Kenworth, Interstate Batteries, Napa Auto Parts, NFI Parts, and Wayne Electric Company to Purchase M aintenance-related Bus Parts and Vehicle Fleet Parts

5) Approve establishing a sole- source blanket purchase order with SoCal Auto & Truck Parts, Inc. (dba Napa Auto Parts ), for the total not- to-exceed amount of $85,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and

6) Approve establishing a sole- source blanket purchase order with The Aftermarket Parts Company, LLC (dba NFI Parts) , for the to tal not -to-exceed amount of $200,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and

7) Approve establishing a sole-source blanket purchase order with Wayne Harmeier, Inc., (dba Wayne Electric Company ), for the total not -to-exceed amount of $75,000, to purchase maintenance-related bus parts for the Fiscal Year 2022-23; and

8) Take such additional, related, action that may be desirable.

FISCAL IMPACT
Funds for the blanket purchase order (PO) with American Moving Parts are approved in the City of Montebello’s F iscal Year 2022- 23 operating budget in two D epartments:

Montebello Fire Department’s (MFD) Account No. 100-85-860-6080.30 (Vehicle Repair and Services) for the amount of $60,000 and MBL’s A ccount No. 600-90-915-6080.50 (Bus Parts) for the amount of $20,000.

Department Expense Account Proposed Amount
Fire Department 100-85-860-6080.30 $60,000
Transportation Department 600-90-915-6080.50 $20,000
TOTAL $80,000

Funds for the blanket PO with Cummins Pacific are approved in the FY 2022-23 adopted budget: MFD’s Account No. 100-85-860-6080.30 (Vehicle Repair and Services) for the amount of $30,000, MBL’s Account No. 600-90-915-6080.50 (Bus Parts) for the amount of $35,000; and Federal Transit Administration (FTA) Grant CA 2021- 075 Account No. 270-9063-2018-003-6080.50 for the amount of $15,000.

Department Expense Account Proposed Amount
Fire Department 100-85-860-6080.30 $30,000
Transportation Department 600-90-915-6080.50 $35,000
Transportation Department 270-9063-2018-003-
6080.50 $15,000
TOTAL $80,000
CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Establishing Sole-Source Blanket Purchase Orders with American Moving Parts, Cummins Pacific, Inland Kenworth, Interstate Batteries, Napa Auto Parts, NFI Parts, and Wayne Electric Company to Purchase M aintenance-related Bus Parts and Vehicle Fleet Parts

Funds for the blanket PO with Inland Kenworth are approved in the FY 2022-23 budget:

MLB’s operating expense account 600 -90-915-6080.50 ( Bus Parts) for the amount of $49,500 and FY17/18 Senate Bill 1/State of Good Repair Grant expense Account No. 202-921-2017-6080.50 for the amount of $25,500.

Department Expense Account Proposed Amount
Transportation Department 600-90-915-6080.50 $49,500
Transportation Department 202-921-2017-6080.50 $25,500
TOTAL $75,000

Funds for the blanket PO with NFI Parts are approved in the City FY 2022- 23 budget:

MLB’s operating expense account 600- 90-915-6080.50 (Bus Parts) for the amount of $180,000 and FTA Grant CA 2021-075 expense Account No. 270-9064-2022-200 for the amount of $20,000.

Department Expense Account Proposed Amount
Transportation Department 600-90-915-6080.50 $180,000
Transportation Department 270-9064-2022-200 $20,000
TOTAL $200,000

Funds for the blanket PO with Wayne Electric Company are approved in the City FY 2022- 23 budget: MLB’s operating expense account 600- 90-915-6080.50 (Bus Parts) for the amount of $44,000 and FTA Grant CA 2019- 033 expense Account No. 270-9063-2018- 003 for the amount of $31,000.

Department Expense Account Proposed Amount
Transportation Department 600-90-915-6080.50 $44,000
Transportation Department 270-9063-2018-003 $31,000
TOTAL $75,000

Funds for the blanket PO with Interstate Batteries are approved in the City’s FY 2022-23 budget: MBL’s Account No. 600-90-915-6080.50 (Bus Parts) for the amount of $75,000.

Department Expense Account Proposed Amount
Transportation Department 600-90-915-6080.50 $75,000
TOTAL $75,000

Funds for the blanket PO with Napa Auto Parts are approved in the City’s FY 2022- 23 budget: MBL’s operating expense account –600-90-915-6080.50 (Bus Parts) for the amount of $68,000; 600-90-915-6080.60 (Vehicle Parts) for the amount of $10,000; 600- 90-915-6010.30 (Small Tools) for the amount of $4,000; and 600-90-915-6000.20 (Non- Durable) for the amount of $3,000.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Establishing Sole-Source Blanket Purchase Orders with American Moving Parts, Cummins Pacific, Inland Kenworth, Interstate Batteries, Napa Auto Parts, NFI Parts, and Wayne Electric Company to Purchase M aintenance-related Bus Parts and Vehicle Fleet Parts

Department Expense Account Proposed Amount
Transportation Department 600-90-915-6080.50 $68,000
Transportation Department 600-90-915-6080.60 $10,000
Transportation Department 600-90-915-6010.30 $4,000
Transportation Department 600-90-915-6000.20 $3,000
TOTAL $85,000

BACKGROUND
The City operates MBL with a fleet of sixty-six (66), 35ft-45ft buses (three electric, twenty- six hybrid, and thirty -seven Compress ed Natural Gas (CNG)), and one 25ft cutaway shuttle bus that requires 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 blanket PO s with the primary companies that supply the maintenance and replacement parts. In addition, the Fire Department utilizes parts from two of these suppliers in addition to Transportation:

American Moving Parts and Cummins Pacific for its response and support vehicles and apparatus.

Purchase items may include but are not limited to the following:

• American Moving Parts: Brakes, cables, filters, and sensor replacements. • Cummins Pacific: Spark plug kit, fan support, electronic control modules, engine wiring harness, and water pumps.
• Inland Kenworth: Valves, engine control modules, engine in- frame kit, coil extension, and cylinder head.
• Interstate Batteries: AGM batteries, electrical cables and clamps, and diagnostic tools.
• Napa Auto Parts: Pressure valves, pressure sensor, brake meter, and thermostat. • NFI Parts: Headlights, fan control modules, clamps, windshield wipers, coolants, airbags, and thrust washers.
• Wayne Electric Company: EMP alternators, air conditioning compressors, and toggle switches.

The Fire Department operates through the use of engines that are manufactured by the following three companies: Cummins, Detroit Diesel Corporation, and Kovatch Mobile Equipment Corporation (KME). To properly maintain MFD’s vehicle fleet, the parts replacements must come from the origi nal manufacturer due to proprietary rights.

American Moving Parts is a major asset to the MFD since American Moving Parts holds CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Establishing Sole-Source Blanket Purchase Orders with American Moving Parts, Cummins Pacific, Inland Kenworth, Interstate Batteries, Napa Auto Parts, NFI Parts, and Wayne Electric Company to Purchase M aintenance-related Bus Parts and Vehicle Fleet Parts

the right to purchase parts from the manufacturers described above. Sole- sourcing maintenance and repair parts from American Moving Parts results in a 15- 20% savings in contrast to contracting with each manufacturer.

The total amount required for each blanket PO for FY 2022-23 to purchase maintenance- related bus parts for MBL and vehicle fleet parts for MFD is as follows:

Vendor FY 2020-21
Expensed
FY 2021-22
Expensed
FY 2022-23
(Anticipated Total
Expenditures)
American Moving Parts $45,268 $59,582 $80,000
Cummins Pacific $16,617 $ 48,016 $80,000
Inland Kenworth $30,180 $43,702 $75,000
Interstate Batteries $18,959 $ 27,954 $75,000
Napa Auto Parts $97,379 $ 74,008 $85,000
NFI Parts $406,773 $166,765 $200,000
Wayne Electric Company $77,972 $69,989 $75,000
Total Annual Expensed $693,148 $490,016 $670,000

Conformance with Bidding Procedures
Chapter 3.20.050 of the Montebello Municipal Code (MMC) details exceptions to bidding and procurement procedures. The recommended action would approve sole- source agreements with the various vendors identified above to supply essential vehicle parts to Fire and Transit. Staff has identified that these vendors are suppliers of genuine original equipment manufacturer (OEM) parts that are compatible with Fire and Transit vehicles.

In addition, the suppliers are direct or sub- contracted vendors of the particular vehicle manufacturer.

Approving a sole- source purchase of these parts provides staff with the required resources needed to properly service the various vehicles in Fire and Transit. Therefore, staff recommends a sole- source exception, as allowed per MMC 3.20.050(B), which allows for the procurement of parts and equipment from reliable and cost-efficient vendors that allows the City’s Fire and Transit fleet to continue operations.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Establishing Sole-Source Blanket Purchase Orders with American Moving Parts, Cummins Pacific, Inland Kenworth, Interstate Batteries, Napa Auto Parts, NFI Parts, and Wayne Electric Company to Purchase M aintenance-related Bus Parts and Vehicle Fleet Parts

SUMMARY
Staff is recommending that the City Council approve establishing blanket purchase orders with the following vendors and in the following amounts: American Moving Parts for the total not-to-exceed amount of $80,000; with Cummins Pacific for the total not -to-exceed amount of $80,000; with Inland Kenworth for the total not-to-exceed amount of $75,000; with Interstate Batteries for the total not-to-exceed amount of $75,000; Napa Auto Parts for the total not-to-exceed amount of $85,000; with NFI Parts for the total not-to-exceed amount of $200,000; with Wayne Electric Company for the total not-to-exceed amount of $75,000, for maintenance-related bus parts and vehicle fleet parts; and direct staff to take such additional related, action that may be desirable.

ITEM #____

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and Members of the City Council
FR
OM: René Bobadilla, City Manager
BY: M
ichael A. Solorza, Director of Finance
Nicholas Razo, Director of Human Resources and Information Technology SU
BJECT: Approve Agreements with Coastal Occupational Medical Group (Agreement No. 3996) and Reliant Immediate Care Medical Group (Agreement No. 3997)
DATE: August 10, 2022
RECOMMENDATIONS:

It
is recommended that City Council take the following actions:
1) Approve the attached agreement with Coastal Occupational Medical Group (Akeso) (Agreement No. 3996); and
2) Appr
ove the attached agreement with Reliant Immediate Care Medical Group, Inc.(Reliant) (Agreement No. 3997); and,
3) Tak
e such additional, related action(s) that may be desirable.

FISCAL IMPACT
Ag
reement No. 3996 with Coastal Occupational Medical Group ( Akeso) has a three (3) year term and includes two (2), one (1) year extension options. The initial annual compensation is $20,000 annually. If needed, the City Manager will have the authority to increase the yearly expenditure amount by up to $5,000 annually for the duration of the agreement. The total maximum compensation shall not exceed $125,000 over five (5) years (i.e., up to $25,000 per year over five (5) years, equals maximum of $125,000).

Ag
reement No. 3997 with Reliant also has a three (3) year term and includes two (2), one (1) year extension options. The initial annual compensati on is $75 ,000 annually. If 19 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Request to Approve Agreements with Coastal Occupational Medical Group (Agreement No. 3996) and Reliant Immediate Care Medical Group (Agreement No. 3997)

needed, the City Manager will have the authority to increase the yearly expenditure amount by up to $25,000 annually for the duration of the agreement. The total maximum compensation shall not exceed $500,000 over five (5) years (i.e., up to $100,000 per year over five (5) years for a maximum of $500,000).

The City must maintain the services of non-emergency medical professionals to conduct various services. These services are primarily used for pre- employment screening , COVID testing and for existing employees who experience minor medical issues while on duty. Funding for these expenses are split between the Human Res ources-Information Technology and Transit Departments (i.e., pre- employment screening and on- the-job clinic costs for Transit employees are charged to the Transit Fund, all other non- Transit expenses are recorded in the Human Resources -Information Technology Department).

Sufficient funding for these services have been included in the Fiscal Year 2022- 23 adopted budget.

DISCUSSION

To ensure non- emergency medical services are available, the City has established agreements with various medical offices and professionals. Included on this list are Akeso and Reliant. Both medical offices provide pre- employment health screenings , COVID testing and other non-emergency medical services for employees. Both maintain offices within the City and have consistently offered satisfactory services. For this reason, it is recommended that City Council approve the attached agreements with these medical service providers.

The services associated with the agreements mentioned above are conducted by or under the supervision of certified, licensed medical professionals. For this reason, the services are professional in nature and exempt from the bidding process according to Montebello Municipal Code Chapter 3.20.050(H) – Conformance with Biddi ng Procedures, which states:

Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:

Professional Services - Nothing shall be construed to preclude the City from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this article. The term "professional services" means services entailing a high degree of specialized technical or mental skill, in a recognized field of expertise. Such services include attorneys, physicians, architects, engineers, appraisers, accountants, collection agency, detective agency, draftsman, mortuary, hospitals, escrow agency, travel agency, insurance broker, employment agency, advertising agency, real estate, chiropractic and optometry.

CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Request to Approve Agreements with Coastal Occupational Medical Group (Agreement No. 3996) and Reliant Immediate Care Medical Group (Agreement No. 3997)

SUMMARY

The City must maintain agreements with medical service providers to conduct various medical screenings to conduct the pre- employment process and other non- emergency medical services for existing employees (i.e., on-the-job injuries, COVID testing, etc.). To ensure these services are accessible, it is recommended that City Council approve the attached agreements with Akeso and Reliant. Sufficient funding is included in the FY 2022-23 adopted budget in both the Human Resources -Information Technology and Transit Departments. The total annual costs for the services provided by both of these medical groups is estimated to be $95,000.

ATTACHMENTS:

A. Attachment A – Agreement No. 3996 – Akeso
B. Attachment B – Agreement No. 3997 – Reliant

CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 3996

WITH COASTAL OCCUPATIONAL MEDICAL GROUP DBA AKESO

OCCUPATIONAL HEALTH
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on August 10, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and COASTAL OCCUPATIONAL MEDICAL GROUP DBA AKESO OCCUPATIONAL HEALTH (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 pre- employment and employee physicals and employee health services as needed 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. Proposal referenced and Best Final Offer received by the successful proposer.

3. 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 coll ectively 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 Proposal, 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. 3996

b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide pre-employment and employee physicals and employee health services as set forth fully in the Proposal , 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 on June 30, 2025 from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one (1), one-year extension options 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 t he supervisory chain of command.

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or sub consultants to assist in the completion of services as herein defined. Compensation for additional in dividuals, consultants or sub consultants 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 spe cifically related to the services provided by the CONSULTANT 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3996

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, d iscussion, 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 w ritten 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 her eunder. 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 Agreem ent 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) da ys 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, sai d contract shall at the option of the C ITY 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 otherwis e for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY 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 PROFESSIONAL SERVICES AGREEMENT NO. 3996

the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. T he 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 pre vious 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 “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 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 connectio n 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 compens ation 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 constru ed 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 PROFESSIONAL SERVICES AGREEMENT NO. 3996

CONSULTANT any sums required for Social Security, withholding t axes, 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 re sponsibility to provide the CONSULTANT, its employees or sub consultants 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 la ws 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 sub consultants, 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 Montebel lo 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 PROFESSIONAL SERVICES AGREEMENT NO. 3996

boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuri es 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, in cluding 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 Insur ance: 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 sub consultants, 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 b y 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 C ITY. 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3996

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY 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 commencemen t 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 polici es 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 nami ng 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 writte n 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 s ubrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY. l. Any deductibles or self-insured retentions must be declared to and approved PROFESSIONAL SERVICES AGREEMENT NO. 3996

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 f ull 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 propos ed 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 pur port 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 subcon tract, 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 Agreeme nt, 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 requ ired 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3996

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 authori ty 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.

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, o r 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3996

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, pos tage 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:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Human Resources
Attn: Nicholas Razo, Director – Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]
If to Consultant: Coastal Occupational Medical Group
DBA: Akeso Occupational Health
Attn. Daniel Pencak, Chief Financial Officer
11817 East Telegraph Road
Santa Fe Springs, CA 90670
(562) 565 - 6683
Email: [email protected]

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 sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving 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 t hat 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3996

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 CONSULTANT under this Agreement, or which would conflict in a ny 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 CONSULTANT 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 CONSULTANT 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 CONSULTANT'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 modi fications 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. 3996

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

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO Coastal Occupational Medical
Group DBA Akeso Occupational
Health

René Bobadilla, City Manager Daniel Pancak, Chief Financial Officer

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – Price Proposal
 Exhibit B – Schedule of Compensation

EXHIBIT “A”

Price Proposal

EXHIBIT “B”

Schedule of Compensation

Year 1 - $20,000
Year 2 - $20,000
Year 3 - $20,000
Year 4 - $20,000 (Optional)
Year 5 - $20,000 (Optional)

Contingency – The City Manager has the option to add up $5,000 annually, if needed.

ATTACHMENT B

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. 3997

WITH RELIANT URGENT CARE DBA
RELIANT IMMEDIATE CARE MEDICAL GROUP, INC.

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 20 22 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation ( the “CITY”) and

RELIANT URGENT CARE DBA RELIANT IMMEDIATE CARE MEDICAL GROUP, 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 pre- employment and employee physicals and employee health services as needed 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. Proposal referenced and Best Final Offer received by the successful proposer.

3. 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 co llectively 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, an d provisions of the Proposal, 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide pre-employment and employee physicals and employee health services as set forth fully in the Proposal , 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 on June 30, 2025 from the Effective Date, unless terminated earlier as hereinafter provided. This Agreement may be extended for up to two (2), one (1), one-year extension options 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 sub consultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or sub consultants 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 s pecifically related to the services provided by the CONSULTANT 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

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 su ch consent if disclosure is legally required. All such w ritten 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 h ereunder. 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 Agre ement 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 o f 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, s aid contract shall at the option of the C ITY 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 otherw ise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the C ITY 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 PROFESSIONAL SERVICES AGREEMENT NO. 3997

the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience. T he 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 p revious 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 “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 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 s et 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 connect ion 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 compe nsation 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 const rued 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 PROFESSIONAL SERVICES AGREEMENT NO. 3997

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 sub consultants 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 sub consultants, 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, regulati on, 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 Monteb ello 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 PROFESSIONAL SERVICES AGREEMENT NO. 3997

boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for inju ries 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 Ins urance: 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 high er limits maintained by the CONSULTANT.

c. The CONTACTOR shall require each of its sub consultants, 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 C ITY. 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the C ITY Certificate(s) of Insurance evidencing such coverage togethe r 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 commencem ent 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 poli cies 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 na ming 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 writ ten 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 volunteer s, 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

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 f ull 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 pro posed 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 sub contract, 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 feasi ble, 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 Agre ement, 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 r equired 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

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 enti ty, 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 autho rity 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 descriptiv e 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 th e 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 acknowledge s 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under thi s 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, p ostage 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:

If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

With a copy to: City of Montebello – Human Resources
Attn: Nicolas Razo, Director – Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
Email: [email protected]

If to Consultant: Reliant Urgent Care DBA:

Reliant Immediate Care Medical Group, Inc.

Attn: Gene Howell, Chief Executive Officer
5901 West Century Boulevard
Los Angeles, CA 90045
(323) 595-9944
Email: [email protected]

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 sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving 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 empl oyees 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.

PROFESSIONAL SERVICES AGREEMENT NO. 3997

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 CONSULTANT under this Agreement, or which would conflict in any manner w ith 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 CONSULTANT shall avoid the appearance of having any intere st that would conflict in any manner with the performance of its services pursuant to this Agreement.

The CONSULTANT 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 CONSULTANT'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 t o 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. 3997

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

(“CITY”) (“CONSULTANT”)
CITY OF MONTEBELLO Reliant Urgent Care DBA:

Reliant Immediate Care Medical
Group, Inc.

René Bobadilla, City Manager Gene Howell, Chief Executive Officer

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – Price Proposal
 Exhibit B – Schedule of Compensation

EXHIBIT “A”

Price Proposal

CITY OF MONTEBELLO

NEW HIRE PROTOCOLS

Physical #1 – BASIC PHYSICAL $85.00
New Hire - BASIC PHYSICAL
Examination by M.D.

Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Non-DOT Drug Screen - eScreen 10 Panel Drug Screen

Physical #2 – MAINTENANCE $105.00
New Hire - MAINTENANCE
Examination by M.D.

Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Lifting Capacity Test 50 lbs
Non-DOT Drug Screen - eScreen 10 panel Drug Screen

Physical #3 DOT/DMV EXAMINATION $110.00
New Hire - BUS OPERATORS, MECHANICS EQUIPMENT, SERVICE WORKER DOT/DMV Examination by M.D
Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
Lumbar Spine X-Ray (3 view)
UA Dip (Dipstick Urinalysis)
DOT Regulated Drug Test- Escreen
Provide DOT Certification Card to the patient

DOT PHYSICAL #4 RENEWAL – FIREMEN $60.00
Renewal –DOT EXAM
DOT/DMV Examination by M.D.

Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Provide DOT Certification Card to the patient

Examinations below must be scheduled in A.M. due to fasting for blood work

Physical #5 POLICE FIREMAN $695.00
New Hire - PUBLIC SAFETY EMPLOYEES
Must use P.O.S.T. History & Physical Form
Appendix C History Form (Employee Brings/Provides)
Examination by M.D.

Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Urinalysis)
Audiometry
CBC, Comprehensive Metabolic Panel (Chem20), Lipid Panel Chest X-Ray (1 view)
LS x-ray 3 views
Non-DOT Drug Screen - eScreen 10 Panel Drug Screen
Stress EKG - (Will be schedule with Cardiologist)

Physical #6 FIREMEN $695.00
New Hire FIREMEN
DOT/DMV Examination by M.D.

Height, Weight, Temperature, Pulse, Blood Pressure
Vision (Snellen)
UA Dip (Dipstick Urinalysis)
Audiometry
CBC, Comprehensive Metabolic Panel (Chem20), Lipid Panel Chest X-Ray (1 view)
Lumbar Spine X-Ray (3 view)
Stress EKG
Pulmonary Function Test
Non-DOT Drug Screen - eScreen 10 Panel Drug Screen
Provide DOT Certification Card to the patient

Reporting Contacts:

Please identify contacts that we will be reporting results to via Email Bob Franco (please provide contact number)
[email protected]
Nikole Mooshagian (323)887-1383
[email protected]
Danilo Batson (323) 887-1200
[email protected]

EXHIBIT “B”

Schedule of Compensation

Year 1 - $75,000
Year 2 - $75,000
Year 3 - $75,000
Year 4 - $75,000 (Optional)
Year 5 - $75,000 (Optional)

Contingency – The City Manager has the option to add up $25,000 annually, if needed.

IT EM #____
CI

TY OF MONTEBELLO
CIT

Y COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT TO: H
onorable Mayor and City Council Members
FR
OM: René Bobadilla, P.E., City Manager
BY:

Michael Solorza, Director of Finance
SUBJ
ECT: Adoption of a Montebello Public Financing Authority (PFA) Resolution No. 22-01 Establishing the Regular Meeting Dates and Adopting a Debt Management Policy
DAT
E: August 10, 2022
RECOMMENDATION:

It
is recommended that the City Council and Board of Directors (the “Board”) of the Montebello Public Financing Authority (the “Authority”):
1) Adop
t the Resolution establishing the regular meeting dates and adopting the Debt Management Policy (the “Debt Management Policy”) of the City of Montebello as the debt management policy of the Authority.

FISCAL IMPACT
Es
tablishing the Authority’s regular meeting dates and adopting the Debt Management Policy has no fiscal impact.

BACKGROUND
The
Authority is a joint exercise of powers entity that is duly organized and existing under the Joint Exercise of Powers Agreement, dated September 2, 1997 (the “JPA Agreement”), by and between the City and the Parking Authority of the City of Montebello (the “Parking Authority”), and under the Constitution and laws of the State of California (the “State”), including but not limited to Article 4 thereof, known as the “Marks-Roos Local Bond Pooling Act of 1985,” Government Code Section 6584 et seq. (the “Act”).

Sec
tion 2.04(a) of the JPA Agreement provides that the Board shall provide for its regular meetings; provided that at least one regular meeting shall be held each year. 20 CITY COUNCIL/PFA AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adoption of a Montebello Public Financing Authority (PFA) R esolution No. 22-01 Establishing the Regular Meeting Dates and Adopting a Debt Management Policy

Staff expects to bring lease financings to the Board for consideration at times during the year. Pursuant to legislation that became law in 2010 (Government Code § 6592.1), which comprises part of the Act, the Authority must approve the lease financing s at a regular meeting. In order to prepare for the lease financing s, it is in the Author ity’s best interest to establish regular meeting dates to be concurrent with the regular meetings of the City Council of the City.

In addition, existing California law requires public agencies to provide information to the California Debt and Investment A dvisory Commission ( “CDIAC”) no later than 30 days prior to the sale of the debt. Senate Bill 1029 (“SB 1029”), signed into law by Governor Brown on September 12, 2016, amends this law to place additional reporting obligations on issuers of debt. In part, SB 1029 requires that an issuer certify that it has adopted local debt policies concerning the use of debt and that the proposed debt issuance is consistent with the local debt policies. SB 1029 lists certain topics to be covered in the local debt policies.

The City previously adopted the Debt Management Policy as Administrative Policy No.

VI-C-4 on August 6, 2016 as the debt management policy of the City (Attachment B).

SUMMARY

Under Government Code § 6592.1, the Authority must approve lease financings at a regular meeting.

In order to enable the City to proceed with lease financings and other bond issuances in a timely manner, including making funds available at the time they are needed to carry out capital and other projects and borrowing funds at the lowest interest cost, it is in the interest of the City and the Authority to empower the Authority to approve lease financings and the issuance of bonds concurrently with the City at regularly established City Council meetings.

Additionally, the Authority must adopt a debt management policy in compliance with SB 1029. The Debt Management Policy (Attachment B) meets the requirements of SB 1029.

Staff is recommending that the Board establishes the regular meetings of the Authority to be concurrent with the regular meetings of the City Council of the City and adopts the Debt Management Policy of the City as the debt management policy of the Authority.

The attached Resolution (Attachment A) will establish regular meetings of the Authority concurrently with regular meetings of the City Council of the City and adopts the Debt Management Policy of the City as the debt management policy of the Authority. In the event that the Authority has no business to conduct at a given regular meeting, the Resolution provides that the Authority meeting may be suspended.

CITY COUNCIL/PFA AGENDA REPORT – MEETING OF AUGUST 10, 2022 Adoption of a Montebello Public Financing Authority (PFA) R esolution No. 22-01 Establishing the Regular Meeting Dates and Adopting a Debt Management Policy

ATTACHMENTS:

A. Attachment A – Resolution No. 22-01
B. Attachment B – Debt Management Policy

ATTACHMENT A
RESOLUTION NO. 22-01

RESOLUTION OF THE MONTEBELLO PUBLIC FINANCING

AUTHORITY ESTABLISHING ITS REGULAR MEETING DATES AND

ADOPTING A DEBT MANAGEMENT POLICY

WHEREAS, the Montebello Public Financing Authority (the “Authority”) is a joint exercise of powers entity that is duly organized and existing under the Joint Exercise of Powers Agreement, dated September 2, 1997 (the “JPA Agreement”), by and between the City of Montebello (the “City”) and the Parking Authority of the City of Montebello (the “Parking Authority”), and under the Constitution and laws of the State of California (the “State”), including but not limited to Article 4 thereof, known as the “Marks -Roos Local Bond Pooling Act of 1985,” Government Code Section 6584 et seq.;

WHEREAS, Section 2.04(a) of the JPA Agreement provides that the Board of Directors of the Authority (the “Board”) shall provide for its regular meetings; provided that at least one regular meeting shall be held each year;

WHEREAS, the Board proposes that the Au thority hold its regular meetings concurrently with the meetings of the City Council of the City;

WHEREAS, Section 8855(i) of the Government Code of California requires each public agency to adopt a debt management policy prior to the issuance of debt and similar obligations; and

WHEREAS, the Authority desires to adopt the Debt Management Policy of the City as the Debt Management Policy of the Authority.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO DOES HEREBY RESOLVE, DECLARE AND DETERMINE AS FOLLOWS:

SECTION 1. Regular Meeting. The Board has determined that the Authority shall hold its regular meetings concurrently with (including immediately before or after) regular meetings of the City Council of the City, and the same shall occur cons istent with the schedule set by resolution of the City for its regular meetings as to date, hour and place.

The Board may suspend the holding of regular meetings so long as there is no need for Authority business, and provided that any action taken regard ing the sale of bonds and related financial obligations shall occur by resolution placed on a noticed and posted meeting agenda consistent with the requirements for regular meetings under the Ralph M. Brown Act (Section 54950 et seq. of the California Gove rnment Code) (the “Brown Act”). At all times, each regular meeting of the Authority shall take place pursuant to a 72-hour notice and agenda requirement or as otherwise provided by the Brown Act; RESOLUTION NO. 22-01

SECTION 2. Debt Policy. The Authority hereby adopts the Debt Management Policy adopted by the City Council of the City as the as such policy exists as of the date hereof and as hereafter amended, as the Debt Management Policy of the Authority; and

SECTION 3. Effective Date. This Resolution shall take effect immediately upon its adoption by the Board.

APPROVED AND ADOPTED this 10th day of August, 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. 22-01 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 10th day of August 2022 and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

RESOLUTION NO. 22-01

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

ATTACHMENT B

ITEM #____
CI

TY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT
TO: H
onorable Mayor and Members of the City Council
FR
OM: René Bobadilla, City Manager
BY: M
ichael A. Solorza, Director of Finance
SU
BJECT: Approve Agreement No. 4020 with JCL Traffic Services DAT
E: August 10, 2022
RECO
MMENDATIONS:

It
is recommended that City Council take the following actions:
1) Approve the attached agreement with JCL Traffic Services (Agreement No. 4020); and
2) Tak
e such additional, related action(s) that may be desirable.

FI

SCAL IMPACT
Ag
reement No. 4020 with JCL has a three (3) year term and includes two (2), one (1) year extension options. The initial annual compensation is $50,000 per fiscal year starting Fiscal Year 2022 - 23. If needed, the City Manager will have the authority to increase the per fiscal year expenditure amount by up to $5,000 annually for the duration of the agreement. The total maximum compensation shall not exceed $275,000 over five (5) years.

Th
e Police, Public Works, and Parks and Recreation Departments will primarily use the services provided by JCL, but services will be available to all City Departments on an as- needed basis. Sufficient budget has been included in t he FY 2022-23 budget for t hese services in each of these Departments.

DIS

CUSSION
Th
e City regularly uses traffic services to conduct safe street and lane closures. Recent examples include the Police Department DUI/CDL Checkpoints; Public Works using the services for long -term closures during street construction projects; and Parks and 21 CITY COUNCIL AGENDA REPORT – MEETING OF AUGUST 10, 2022 Approve Agreement No. 4020 with JCL Traffic Services

Recreation closing streets during special events for pedestrian safety (such as National Night Out , 100th Anniversary Parade, and various street fairs). Some street clo sures could be conducted by staff; however, doing so would require training, purchasing additional supplies and equipment, finding a location to store the aforementioned supplies and equipment, and diverting staff from other duties. All of these items woul d require ongoing and excessive costs. For this reason, the City uses a contractor to provide traffic support services on an as-needed basis for non-recurring/special events.

Over the past few years, the City has used JCL to provide traffic services, without a formal agreement in place. It is recommended that City Council approve the attached three (3) year agreement with JCL to acquire these needed services , provide purchasing efficiency, and assist with budget management and planning.

The services associated with this agreement are performed in compliance with relevant traffic standards such as the California Manual on Uniform Traffic Control Devices to ensure the safety of pedestrians, motorists, and workers . Services provided under this agreement are conducted by or under the supervision of certified professionals familiar with these standards. For this reason, the services are professional in nature and exempt from the bidding process according to Montebello Municipal Code Chapter 3.20.050(H) – Conformance with Bidding Procedures, which states:

Purchases of supplies and equipment for city use shall be made and accomplished in conformity with Section 3.20.080 or Section 3.20.090 except:

Professional Services - Nothing shall be construed to preclude the City from awarding a written contract for professional type services, as defined by case or statutory law, without complying with the provisions of this article. The term "professional services" means services entailing a high degree of special ized technical or mental skill, in a recognized field of expertise.

SUMMARY

The City must maintain an agreement with a local traffic service and equipment provider to provide services to ensure the safe closure of streets and other areas for City events.

To ensure these services are accessible, it is recommended that City Council approve the attached agreement with JCL (Attachment A). Sufficient funding is included in the FY 2022-23 adopted budgets for Police, Public Works, and Parks and Recreation. The total cost for services shall not exceed $55,000 per fiscal year for the duration of the three (3) year agreement.

ATTACHMENT:

A. Attachment A – Agreement No. 4020 – JCL Traffic Services

ITEM NO. ___
RESOLUTION NO. 22-65
A

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

MONTEBELLO APPROVING AND ALLOWING CERTAIN CLAIMS AND

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

SECTION 1. That the reference is hereby made to that certain Register of Audited Demand No.1535, consisting of 9 pages, and including:

W
arrant No.

G
eneral: Checks No.597043 through; 597166
ACH No. 2468 through; 2575
Suc
cessor Agency: Check No. 1493 through; 1493
ACH No. 7 through; 7
On fi
le in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.

SECTIO
N 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________

______________________________
SE
CTION 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.

AP
PROVED AND ADOPTED this 10th day of August 2022.
______
_________________________
Kimberly A. Cobos-Cawthorne, Mayor
22 RESOLUTION NO. 22-65

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 th e foregoing Resolution No. 22-65 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 10 th day of August 2022
and that said Resolution was adopted by the following vote, to-wit:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

DATE: __
Christopher Jimenez, City Clerk

• Exhibit A – Warrant Register
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME 4331 - General Account
2468 07/21/2022 $4,026.95 SUPPLIES 3163 BANK OF AMERICA 2469 07/21/2022 $450.89 SUPPLIES 3163 BANK OF AMERICA
2470 07/21/2022 $5,163.90 SUPPLIES 3163 BANK OF AMERICA 2471 07/21/2022 $3,208.05 TRAINING 3163 BANK OF AMERICA 2472 07/21/2022 $235.65 SUPPLIES 3163 BANK OF AMERICA
2473 07/21/2022 $308.22 SUPPLIES 3163 BANK OF AMERICA
2474 07/21/2022 $8,568.83 TRAINING 3163 BANK OF AMERICA 2475 07/21/2022 $258.75 SUPPLIES 3163 BANK OF AMERICA
2476 07/21/2022 $109.46 SUPPLIES 3163 BANK OF AMERICA
2477 07/21/2022 $214.70 SUPPLIES 3163 BANK OF AMERICA
2478 07/21/2022 $3,103.06 SUPPLIES 3163 BANK OF AMERICA 2479 07/21/2022 $23.70 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 2480 07/21/2022 $693.33 SUPPLIES 3163 BANK OF AMERICA
2481 07/21/2022 $490.45 SUPPLIES 3163 BANK OF AMERICA
2482 07/21/2022 $97.88 SUPPLIES 3163 BANK OF AMERICA
2483 07/21/2022 $197.82 SUPPLIES 3163 BANK OF AMERICA
2484 07/21/2022 $142.79 SUPPLIES 3163 BANK OF AMERICA
2485 07/21/2022 $221.77 SUPPLIES 3163 BANK OF AMERICA
2486 07/21/2022 $170.71 SUPPLIES 3163 BANK OF AMERICA
2487 07/21/2022 $993.14 SUPPLIES 3163 BANK OF AMERICA
2488 07/21/2022 $1,835.88 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 2489 07/21/2022 $2,036.81 TRAINING 3163 BANK OF AMERICA 2490 07/21/2022 $1,410.00 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 2491 07/21/2022 $47.40 SUPPLIES 3163 BANK OF AMERICA
2492 07/21/2022 $358.71 SUPPLIES 3163 BANK OF AMERICA
2493 07/21/2022 $54.59 SUPPLIES 3163 BANK OF AMERICA
2494 07/21/2022 $627.37 SUPPLIES 3163 BANK OF AMERICA
2495 07/21/2022 $351.12 SUPPLIES 3163 BANK OF AMERICA
2496 07/21/2022 $90.22 TRAVEL & MEETINGS 3163 BANK OF AMERICA City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 2497 07/21/2022 $8.00 CONTRACT SERVICES 3163 BANK OF AMERICA 2498 07/21/2022 $1,091.85 SUPPLIES 3163 BANK OF AMERICA 2499 07/21/2022 $152.17 TRAVEL & MEETINGS 3163 BANK OF AMERICA 2500 07/21/2022 $2,674.22 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 2501 07/21/2022 $6,214.12 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 2502 07/21/2022 $1,580.49 FUEL 3163 BANK OF AMERICA
2503 07/21/2022 $988.65 TRAINING 3163 BANK OF AMERICA
2504 07/21/2022 $5,015.54 SUPPLIES 3163 BANK OF AMERICA 2505 07/21/2022 $407.43 SUPPLIES 3163 BANK OF AMERICA
2506 07/21/2022 $207.19 SUPPLIES 3163 BANK OF AMERICA
2507 07/21/2022 $34.00 SUPPLIES 3163 BANK OF AMERICA
2508 07/21/2022 $372.46 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 2509 07/21/2022 $170.39 FUEL 3163 BANK OF AMERICA
2510 07/21/2022 $1,500.47 SUPPLIES 3163 BANK OF AMERICA 2511 07/21/2022 $324.79 SUPPLIES 3163 BANK OF AMERICA
2512 07/21/2022 $269,371.00 RETIREMENT 17 CAL PERS
2513 07/21/2022 $15,647.44 RETIREMENT 17 CAL PERS
2514 07/21/2022 $500.00 RETIREMENT 17 CAL PERS
2515 07/21/2022 $37,688.00 CONTRACT SERVICES 1662 A-1 BUILDING & FENCE MATERIAL INC 2516 07/21/2022 $5,670.00 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 2517 07/21/2022 $77,965.50 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 2518 07/21/2022 $44,091.55 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 2519 07/21/2022 $3,155.22 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 2520 07/21/2022 $3,770.04 SUPPLIES 62880 AMERICAN MARKER 2521 07/21/2022 $3,169.48 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 2522 07/21/2022 $250.00 CONTRACT SERVICES 1237 AZTECA LANDSCAPE 2523 07/21/2022 $110.26 SUPPLIES 2455 THE ILLINI COMPANIES INC 2524 07/21/2022 $28,590.52 CONTRACT SERVICES 75950 FIESTA TAXI COOPERATIVE INC 2525 07/21/2022 $1,027.06 CONTRACT SERVICES 1259 GRAFFITI SHIELD INC 2526 07/21/2022 $54.00 CONTRACT SERVICES 1612 JCL TRAFFIC SERVICES

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 2527 07/21/2022 $3,270.47 SUPPLIES 26670 LIFE-ASSIST INC 2528 07/21/2022 $2,780.00 CONTRACT SERVICES 1585 DR ANGELICA LOZA-GOMEZ MD PC 2529 07/21/2022 $11,525.29 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 2530 07/21/2022 $21,000.00 CONTRACT SERVICES 3491 NAVIRETAIL INC 2531 07/21/2022 $1,500.00 EDUCATION REIMBURSEMENT 1620 VERONICA PALAFOX 2532 07/21/2022 $42,332.40 CONTRACT SERVICES 42180 PCAM LLC 2533 07/21/2022 $293.22 VEHICLE MAINTENANCE/EXPENSES 1120 BLUETRITON BRANDS INC 2534 07/21/2022 $23,803.30 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 2535 07/21/2022 $20,210.00 IMPROVEMENTS OTHER THAN BUILDING 3369 SALLY SWANSON ARCHITECTS INC 2536 07/21/2022 $42,622.38 FUEL INVENTORY 1059 AMBER RESOURCES LLC 2537 07/21/2022 $4,042.72 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 2538 07/21/2022 $832.37 MACHINERY & EQUIPMENTS 1933 STRICTLY TECHNOLOGY LLC 2539 07/21/2022 $850.00 CONTRACT SERVICES 2365 LETICIA TORRES 2540 07/21/2022 $30,690.00 CONTRACT SERVICES 3133 ULTIMATE MAINTENANCE SERVICE 2541 07/21/2022 $740.79 SUPPLIES 3088 WAXIES ENTERPRISES LLC 2542 07/21/2022 $67.90 CONTRACT SERVICES 3140 WEX HEALTH INC 2543 07/21/2022 $262,251.04 PENSION/RETIREMENT PAYABLE 17 CAL PERS 2544 07/21/2022 $270,273.06 PENSION/RETIREMENT PAYABLE 17 CAL PERS 2545 07/21/2022 $304,620.71 PENSION/RETIREMENT PAYABLE 17 CAL PERS 2546 07/21/2022 $465.00 PENSION/RETIREMENT PAYABLE 17 CAL PERS 2547 07/21/2022 $864.85 TRAINING 3163 BANK OF AMERICA
2548 07/21/2022 $1,873.99 CDBG-CV 3163 BANK OF AMERICA
2549 07/21/2022 $1,531.50 SUPPLIES 3163 BANK OF AMERICA 2550 07/21/2022 $3,967.87 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 2551 07/21/2022 $423.42 SUPPLIES 3163 BANK OF AMERICA
2552 07/21/2022 $357.36 SUPPLIES 3163 BANK OF AMERICA
2553 07/21/2022 $97.59 SUPPLIES 3163 BANK OF AMERICA
2554 07/21/2022 $179.04 SUPPLIES 3163 BANK OF AMERICA
2555 07/21/2022 $2,025.56 SUPPLIES 3163 BANK OF AMERICA 2556 07/28/2022 $1,691.23 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 2557 07/28/2022 $9,057.06 SUPPLIES 62880 AMERICAN MARKER 2558 07/28/2022 $250.00 CONTRACT SERVICES 2365 LETICIA TORRES 2559 07/28/2022 $34,306.81 CONTRACT SERVICES 3016 ANTARES GOLF LLC 2560 07/28/2022 $3,169.48 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 2561 07/28/2022 $105.84 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 2562 07/28/2022 $1,226.48 CONTRACT SERVICES 1237 AZTECA LANDSCAPE 2563 07/28/2022 $4,280.62 CONTRACT SERVICES 21690 COLUMBIA BUSINESS FORMS INC 2564 07/28/2022 $747.74 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 2565 07/28/2022 $128.78 SUPPLIES 3108 MARIO ESPINOSA
2566 07/28/2022 $36,385.95 CONTRACT SERVICES 371 FLO-SERVICES INC 2567 07/28/2022 $3,962.50 CONTRACT SERVICES 46870 HDL COREN & CONE 2568 07/28/2022 $14,224.19 SUPPLIES 43860 MYERS & SONS HI-WAY SAFETY INC 2569 07/28/2022 $4,495.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 2570 07/28/2022 $7,139.52 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 2571 07/28/2022 $862.50 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 2572 07/28/2022 $16,515.34 CONTRACT SERVICES 2787 S & S LABARGE GOLF INCORPORATED 2573 07/28/2022 $171,190.80 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 2574 07/28/2022 $1,716.27 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 2575 07/28/2022 $104.19 SUPPLIES 3088 WAXIES ENTERPRISES LLC ACH TOTAL $1,914,346.12
597043 07/21/2022 $19,528.13 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 597044 07/21/2022 $1,950.00 CONTRACT SERVICES 3704 AG ENTERTAINMENT ASSOCIATION INC 597045 07/21/2022 $2,383.68 UTILITY SERVICES 38380 AT&T 597046 07/21/2022 $2,189.35 UTILITY SERVICES 39550 AT&T 597047 07/21/2022 $3,373.17 UTILITY SERVICES 39550 AT&T 597048 07/21/2022 $17,070.37 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 597049 07/21/2022 $450.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 597050 07/21/2022 $3,169.13 SUPPLIES 159 BOUND TREE MEDICAL LLC 597051 07/21/2022 $1,350.90 GENERAL GOVERNMENT 68300 CALIFORNIA BUILDING STANDARDS COMMISSION

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 597052 07/21/2022 $32,290.00 CONTRACT SERVICES 1624 CALIFORNIA PAVING AND GRADING INC 597053 07/21/2022 $98.40 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 597054 07/21/2022 $2,426.53 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 597055 07/21/2022 $9,331.15 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 597056 07/21/2022 $3,616.73 SUPPLIES 2455 HASA, INC.
597057 07/21/2022 $1,961.22 PERMITS AND FEES 31150 DEPARTMENT OF CONSERVATION 597058 07/21/2022 $221,118.22 CONTRACT SERVICES 30170 CITY OF DOWNEY 597059 07/21/2022 $951.84 SUPPLIES 25660 E-Z GO DIVISION OF TEXTRON 597060 07/21/2022 $4,598.78 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 597061 07/21/2022 $2,501.29 SUPPLIES 7610 EWING IRRIGATION PRODUCTS 597062 07/21/2022 $190.00 CONTRACT SERVICES 3719 JERRY FLORES 597063 07/21/2022 $19,627.16 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 597064 07/21/2022 $547.22 UNIFORM EXPENSE 55650 GALLS LLC 597065 07/21/2022 $518.18 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 597066 07/21/2022 $184.00 EDUCATION REIMBURSEMENT 3618 GABRIEL GONZALEZ 597067 07/21/2022 $3,489.20 MACHINERY & EQUIPMENTS 37480 GOSERCO INC 597068 07/21/2022 $45.00 CONTRACT SERVICES 3718 RAFAEL AGUSTIN GUERRERO 597069 07/21/2022 $1,271.51 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 597070 07/21/2022 $1,994.92 LEASE PAYMENT 2405 JCB FINANCE 597071 07/21/2022 $6,317.50 CONTRACT SERVICES 3138 KITTELSON & ASSOCIATES INC 597072 07/21/2022 $700.00 CONTRACT SERVICES 73310 KRONOS INCORPORATED 597073 07/21/2022 $24,000.00 BUILDING IMPROVEMENTS 2156 LEED ELECTRIC INC 597074 07/21/2022 $75.00 CONTRACT SERVICES 3722 LAUREN LIZARRAGA 597075 07/21/2022 $496.70 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 597076 07/21/2022 $1,850.00 CONTRACT SERVICES 3723 MAJESTIC FIRE PROTECTION 597077 07/21/2022 $10,952.94 CDBG-CV 3301 MATER MONTEBELLO LTD PARTNERSHIP 597078 07/21/2022 $145,120.45 CONTRACT SERVICES 3422 MIKE BUBALO CONSTRUCTION CO INC 597079 07/21/2022 $200.00 TRAINING 39840 MONTEREY PARK POLICE DEPT OFFICE OF THE CHIEF OF POLICE 597080 07/21/2022 $284.70 SUPPLIES 12180 MS FLOWERS
597081 07/21/2022 $325.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 597082 07/21/2022 $320.00 CONTRACT SERVICES 3720 ANGEL NOLASCO OIDOR 597083 07/21/2022 $45.00 CONTRACT SERVICES 3721 EDUARDO OLGUIN 597084 07/21/2022 $21.24 UTILITY SERVICES 36610 CITY OF PICO RIVERA 597085 07/21/2022 $17,158.36 CONTRACT SERVICES 3279 PROCURE AMERICA INC 597086 07/21/2022 $135.00 CONTRACT SERVICES 3717 VICTORIANO RAMOS 597087 07/21/2022 $425.00 EDUCATION REIMBURSEMENT 3181 OSCAR REYES 597088 07/21/2022 $1,900.00 CONTRACT SERVICES 2459 OSAEL ROMERO 597089 07/21/2022 $91,148.82 LEASE PAYMENT 2846 SANTANDER BANK NA 597090 07/21/2022 $1,000.00 CONTRACT SERVICES 3284 VANESSA SIDA 597091 07/21/2022 $6,997.00 CONTRACT SERVICES 3201 SIMPLY BACKFLOW INC 597092 07/21/2022 $420.00 CONTRACT SERVICES 3261 SO CALIFORNIA SECURITY & FIREARMS ACADEMY 597093 07/21/2022 $10,808.96 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 597094 07/21/2022 $37,925.53 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 597095 07/21/2022 $56,967.67 FUEL INVENTORY 40520 SOUTHERN CALIFORNIA GAS CO 597096 07/21/2022 $177.08 CONTRACT SERVICES 3397 STERICYCLE INC 597097 07/21/2022 $850.00 CONTRACT SERVICES 3462 THE WALKING MAN INC 597098 07/21/2022 $700.00 CONTRACT SERVICES 3725 KAILI TORRES 597099 07/21/2022 $6,314.82 UTILITY SERVICES 72570 US TELEPACIFIC CORP 597100 07/21/2022 $25,318.00 CONTRACT SERVICES 49910 TRANSTRACK SYSTEMS LLC 597101 07/21/2022 $1,932.00 SUPPLIES 2611 TURBOSCAPE INC 597102 07/21/2022 $36,010.22 CONTRACT SERVICES 45120 ULINE INC 597103 07/21/2022 $69,374.85 CONTRACT SERVICES 781 UNITED STORM WATER INC 597104 07/21/2022 $375.00 TRAINING 11430 WESTGATE CENTER FOR LEADERSHIP 597105 07/21/2022 $4,050.20 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 597106 07/21/2022 $6,486.99 ADVERTISING/PRINTING SERVICES 61850 X-IGENT PRINTING INC 597107 07/28/2022 $24,671.19 CDBG-CV 191 VECTOR RESOURCES INC 597108 07/28/2022 $3,920.42 UTILITY SERVICES 1732 AT&T CORP 597109 07/28/2022 $1,350.00 CONTRACT SERVICES 3704 AG ENTERTAINMENT ASSOCIATION INC 597110 07/28/2022 $198.00 CONTRACT SERVICES 1287 ALTA LANGUAGE SERVICES INC 597111 07/28/2022 $5,030.59 SUPPLIES 50 APOLLO WOOD RECOVERY INC

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 597112 07/28/2022 $540.00 CONTRACT SERVICES 2486 MADISON ARAIZA 597113 07/28/2022 $9,028.78 UTILITY SERVICES 39550 AT&T 597114 07/28/2022 $58.89 UTILITY SERVICES 39550 AT&T
597115 07/28/2022 $3,500.00 CONTRACT SERVICES 3705 KAROL BALA 597116 07/28/2022 $15,834.88 CONTRACT SERVICES 3724 BELFOR USA GROUP INC 597117 07/28/2022 $250.00 TRAINING 3728 BLUE TO GOLD LLC 597118 07/28/2022 $608.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 597119 07/28/2022 $58.58 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 597120 07/28/2022 $1,552.02 RETIREMENT 3128 CITY OF BELL GARDENS 597121 07/28/2022 $600.00 CONTRACT SERVICES 2504 ALBERT COBOS 597122 07/28/2022 $9,031.69 DUES & SUBSCRIPTIONS 1118 COMCATE SOFTWARE INC 597123 07/28/2022 $1,790.98 SUPPLIES 2455 HASA, INC.
597124 07/28/2022 $3,792.53 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 597125 07/28/2022 $1,131.02 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 597126 07/28/2022 $3,256.10 ADVERTISING/PRINTING SERVICES 1847 DODGE DATA AND ANALYTICS LLC 597127 07/28/2022 $1,180.52 SUPPLIES 25660 E-Z GO DIVISION OF TEXTRON 597128 07/28/2022 $427.80 CONTRACT SERVICES 5390 THE FLAG SHOP 597129 07/28/2022 $40.00 CONTRACT SERVICES 3719 JERRY FLORES 597130 07/28/2022 $60.00 CONTRACT SERVICES 3718 RAFAEL AGUSTIN GUERRERO 597131 07/28/2022 $174.65 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 597132 07/28/2022 $17,941.52 VEHICLE MAINTENANCE/EXPENSES 27480 R & M HANSEN ENT INC 597133 07/28/2022 $1,689.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 597134 07/28/2022 $34,975.00 CONTRACT SERVICES 3295 JORGE CORREA 597135 07/28/2022 $250.00 GENERAL GOVERNMENT 3677 JANET LOPEZ 597136 07/28/2022 $850.00 CONTRACT SERVICES 3429 MIGUEL SALMERON 597137 07/28/2022 $1,534.60 CONTRACT SERVICES 34750 MBN SERVICES INC 597138 07/28/2022 $440.00 CONTRACT SERVICES 3720 ANGEL NOLASCO OIDOR 597139 07/28/2022 $1,237.40 SUPPLIES 15620 OFFICE DEPOT INC 597140 07/28/2022 $120.00 CONTRACT SERVICES 3721 EDUARDO OLGUIN 597141 07/28/2022 $24,000.00 CONTRACT SERVICES 1843 PASSAGE ENTERTAINMENT

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 597142 07/28/2022 $456.06 RETIREMENT 42490 LINDA PAYAN
597143 07/28/2022 $40.00 CONTRACT SERVICES 3729 PEDRO PRIETO 597144 07/28/2022 $155,496.00 INSURANCE 10730 PUBLIC RISK INNOVATION SOLUTIONS AND MANAGEMENT 597145 07/28/2022 $2,500.00 CONTRACT SERVICES 3444 BRYAN M RAMIREZ 597146 07/28/2022 $90.00 CONTRACT SERVICES 3717 VICTORIANO RAMOS 597147 07/28/2022 $2,350.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 597148 07/28/2022 $10,000.00 CONTRACT SERVICES 32210 SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS 597149 07/28/2022 $100.00 PARKS AND RECREATION 3726 DENIA SANABRIA RUIZ 597150 07/28/2022 $5,000.00 CONTRACT SERVICES 3690 ILDEFONSO SANCHEZ 597151 07/28/2022 $590.00 GENERAL GOVERNMENT 3727 MARY ANNE SAUCEDO RODRIGUEZ 597152 07/28/2022 $11,421.25 CONTRACT SERVICES 3234 SCHOOL NUTRITION PLUS 597153 07/28/2022 $1,871.90 VEHICLE MAINTENANCE/EXPENSES 716 SOUTH BAY FORD INC 597154 07/28/2022 $39,893.05 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 597155 07/28/2022 $8,527.64 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 597156 07/28/2022 $1,330.00 CONTRACT SERVICES 1312 SWANK MOTION PICTURES INC 597157 07/28/2022 $16,424.00 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 597158 07/28/2022 $2,625.00 CONTRACT SERVICES 71210 STAR-DUST TOURS INC 597159 07/28/2022 $535.60 RETIREMENT 27300 ROBERT C TUFANO 597160 07/28/2022 $1,938.65 SUPPLIES 45120 ULINE INC
597161 07/28/2022 $494.57 UTILITY SERVICES 23610 VERIZON WIRELESS 597162 07/28/2022 $826.88 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 597163 07/28/2022 $15,493.50 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 597164 07/28/2022 $1,212.00 CONTRACT SERVICES 51770 WILLDAN FINANCIAL SERVICES 597165 07/28/2022 $3,000.00 CONTRACT SERVICES 65740 THE WISE GUYS BIG BAND 597166 07/28/2022 $1,892.40 VEHICLE MAINTENANCE/EXPENSES 269 ADVANCED ELECTRONICS SOLUTIONS INC CHECK TOTAL $1,380,642.77
6093 - Successor Agency
7 07/21/2022 $1,869.30 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN S/A ACH TOTAL $1,869.30

WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR VENDOR NAME City of Montebello
Register of Demands No. 1535
From Payment Date: 07/15/2022 - To Payment Date: 07/28/2022 1493 07/21/2022 $2,050.00 CONTRACT SERVICES 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG S/A CHECK TOTAL $2,050.00
GRAND TOTAL $3,298,908.19