Montebello City Council
December 21, 2022

RFP No. 23-3

11 City of Montebello

· Negotiating with the City any matter related to this Proposal, and/or · Any other expenses incurred by the Proposer before the date of the award

CITY OF MONTEBELLO RIGHTS
In its discretion, the City reserves the right to:

1. Reject any and/or all proposals for no reason or any reason including, but not limited to the following:
a. The Proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
b. The Proposer, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
c. The Proposer failed or neglected to complete and submit any informa tion within the time specified by the City, and as may be otherwise required herein.

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

3. Accept all or any part of a proposal.

4. Cancel the entire RFP;

5. Issue subsequent RFPs;

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

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

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

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

JOINT OFFERS
Where two or more proposers desire to submit in response to this RFP, they shall do so on a prime -sub consultant basis rather than as a joint venture. The City intends to contract with a single firm and not with multiple firms doing business as a joint venture. Any proposal submitted on behalf of any form of a joint

RFP No. 23-3

12 City of Montebello

venture or partnership between two (2) existing proposers may be considered collusive and may be rejected as non-responsive.

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

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

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

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

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

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

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

5. A statement of the relief requested.

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

All protests shall be submitted to the contact person identified in this solicitation.

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

TIME OF COMPLETION
The Broker time shall commence from the date provided on the Notice to Proceed (NTP) as authorized in writing by the City. The services shall be completed within the period specified in the R FP. In case the services under the terms of these provisions and related purchase contract shall be necessarily delayed

RFP No. 23-3

13 City of Montebello

because of a strike, injunctions, government controls, or by reasons of any cause or circumstances beyond the control of the Broker, the time of completion shall be extended by a number of days to be determined in each instance by mutual agreement between the Broker and the City.

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

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

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

CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION

Oral Changes: Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to, and approved by, the City prior to becoming a Contract modification.

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

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

SCOPE OF CONTRACT
The Broker shall provide all services necessary as per the Scope of Work described in this RFP.

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

RFP No. 23-3

14 City of Montebello

AWARD OF CONTRACT
The agreement resulting from this RFP will be awarded to the responsive and responsible proposer whose proposal, conforming to the requirements of RFP No. 23-3, is determined to be the most advantageous (“Best Value”) to the City, based on the Evaluation Criteria. No agreement shall exist until the City Council or the City Manager has awarded the agreement and it has been mutually executed. The City reserves the right to:
(a) Accept all or any part of a proposal;
(b) Reject any or all proposals for any reason;
(c) Waive any informality or minor errors to the extent permitted by law; (d) Award the Agreement as the interest of the City may require; (e) Cancel the entire RFP; or
(f) Issue subsequent RFP’s.

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

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

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

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

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

Montebello, CA 90640
(323) 558-1625 ext. 104
Email: [email protected]

RFP No. 23-3

15 City of Montebello

If the Point of Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective proposers via www.PlanetBids.com.

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

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

The City will evaluate the offers based on the following criteria: Pass/Fail Criteria  Proposer has demonstrated the ability to meet the insurance requirements described in the Agreement. Proof of ability, for example a sample certificate with another agency, or a statement that proposer can meet the insurance requirements in the RFP should be attached to proposal.  Proposer has demonstrated evidence of good standing. If the Proposer is a corporation or limited liability company, provide evide nce that it is in good standing in the state of its incorporation/organization and qualified to do business in California. If the proposer is a partnership or joint venture, provide such evidence for all partners or members. Evidence provided must be in th e form of (i) an official certificate of good standing issued by the state of incorporation/organization and (ii) qualification to do business issued by the California Secretary of State. If the proposer is operating under a fictitious name or trade name, provide evidence that the proposer has filed for and/or registered the fictitious name with the county where the proposer’s business is located.

On the completion of the initial Pass/Fail review, the committee will evaluate proposals using the two - step process. Qualitative considerations will be reviewed and scored first without attention to the price.

The committee will then open the cost and price proposals and evaluate and score them a ccordingly.

During the qualitative evaluation, the committee, at its sole discretion may contact any or all the Proposers with specific questions or requests for clarif ication. After both the qua litative and cost/price proposals have been evaluated and scored, the committee will arrive at a “comprehensive proposal score” for each proposal. A list of top-ranked proposals within a competitive range will be developed based upon the total comprehensive scores provided by committee members. At this time, the committee may decide that the evaluat ion process is complete and submit a final recommendation to the Director of Human Resources.

The committee may ask the proposers to consider the dialog of negotiations and revise their proposals. A deadline will be set for the submission of the revised pr oposals. If a proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.

RFP No. 23-3

16 City of Montebello

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

Qualitative Considerations
The Broker’s qualitative proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:
1 Project Management Plan
The proposal shall contain a detailed explanation of the project and not a reiteration of the RFP itself. The information offered should be a compendium of the proposer’s knowledge of the standards outlined in the Scope of Work.

10 points
2 Proposed Project Team
Qualifications and experience of management and staff and other personnel; comprehensiveness of plan and team’s familiarity with the provision of employee benefits and insurance programs ; evidence of the ability to provide service in a prompt, th orough, innovative , and professional manner; and adequacy of labor commitment.

15 points
3 Qualifications and Experience
Demonstrate experience completing employee benefit s broker and consulting services projects of the same or similar magnitude; experience with creative cost containment methods; experience, reputation , and ability to reach a wide array of insurance markets and provide innovative services; record of completing work on schedule; strength and stability of the firm; presentation of a catalo g of employee benefit broker experience and expertise most advantageous to the City.

25 points
4 Technical Approach
Understanding of the RFP requirements and illustrating the ability to meet performance objectives, compliance with all technical and administrative requirements, financial viability, accounting, and reporting.

30 points
TOTAL 80 points

Price Considerations
The Price proposals will be evaluated as follows:
5 Price
The proposer’s price proposal will be compared to the proposal with the best value to the City. The best value responsive price will receive the total weighted value for this criterion.
20 points
TOTAL 20 points

All other price proposals will be scored as follows:

Proposer Price Score = Best Price proposal x 20 (Total Points Available for Price Evaluation).

RFP No. 23-3

17 City of Montebello

SECTION 3 – QUALIFICATIONS

DESIRED QUALIFICATION
The proposer shall possess the capability and expertise required to complete the following tasks:

A. The proposer shall have experienced management staff, possessing comprehensive knowledge of benefits administration pertaining to public employers.

B. The proposer shall have at least three (3) consecutive years of experience in California providing broker and benefits consulting services to public or private entities. The firm shall have provided such services to jurisdictions whose service populations are similar in size and complexity to the City's.

C. The proposer shall have experience working with labor unions and advisory committees.

D. Utilize subject matter experts and deep industry knowledge to edit, create, execute, and/or update long and short -range plans designed to improve the effectiveness of employee benefits and insurance programs.

E. Demonstrate the ability to d esign traditional and multimedia content including surveys, presentations, spreadsheets, handouts, pamphlets, web content, audio recordings, and videos for internal and external stakeholders.

F. The proposer shall possess knowledge of applicable laws, regulations , and codes and shall be familiar with local conditions and trends relating to group insurance in California.

G. Provide accurate and professional cost estimates and expense projections for a variety of goods and services associated with the employee benefits insurance broker services.

H. Demonstrate strong communication and coordination skills with City staff and outside parties in a constructive solution-focused style.

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

A. List and describe a minimum of three (3) projects or experiences, similar in nature to the project contemplated in this RFP, which the proposer is currently performing or has performed within the last thirty-six (36) months.

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

C. The firm has not been assessed any penalti es for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.

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

E. Licensed to do business in the State of California. The firm can provide applicable Certifications (if required).

F. The firm possesses a professional staff with (5) years of knowledge and expertise to provide the Employee Benefits Broker and Consulting Services Project.

G. Financial capacity.

RFP No. 23-3

18 City of Montebello

SECTION 4 – SCOPE OF WORK
The City is soliciting proposals from highly qualified Brokers to provide employee benefits broker and consulting services. The City is seeking a Broker to perform services related to the design, implementation, maintenance, communication, and improvement of employee benefits and insurance programs.

The Broker shall provide the services outlined in the Scope of Work, for a three -year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms.

The selected Broker shall provide services including, but not limited to:

Broker Services and Strategy:
· Health care benefits program development and management (i.e., Medical, Pharmacy, Dental, Vision, Life, Disability, Supplemental/Voluntary Benefits, Absence and Leave, FSA/HRA/HSA, COBRA)
· Semi-annual strategic planning meeting and development of multiyear approach · Annual budget renewal meeting, vendor scorecard, and stewardship · 48-point Service Calendar
· Carrier renewals, RFP’s and negotiation
· Benefit plan design and cost modeling
· Claims and utilization analysis
· Underwriting and actuarial services (IBNR)
· Alternative funding analysis
· Employee contribution modeling
· Wellness planning, and onsite clinic feasibility analysis · Benchmarking

Open Enrollment Support and Employee Communications:
· Establish a strategy for benefits, both annually and three to five years in the future. Consider trends, union negotiations, prospective legislations, and new delivery systems to make long- term projections
· Review and make cost -saving recommendations regarding the modification of plan design, benefit levels, premiums, communications , and quality of current employee and retiree benefit plans
· Recommend appropriate premium rates and reserves to maintain the viability of the plans to ensure that quality and cost-effective benefits are provided by the plans. · Annual estimates of renewal rates and cost trends and assist City staff in preparation of budget figures
· Conduct thorough and applicable market research in preparation for contract renewals. · Representation at Insurance Committee meetings on various topics, including, but not limited to, premiums, benefit levels and plan design, performance measures and guarantees, contractual terms and conditions, and quality assurance standards · Make recommendations for items of negotiation with providers, including, but not limited to, benefit levels and plan design, premiums, quality of service, performance measures and guarantees, and return on investment, where applicable

RFP No. 23-3

19 City of Montebello

· Prepare specifications and compile data, obtain quotes and proposals, negotiate rates and analyze and compare proposals
· Review rate proposals to ensure underlying assumptions are appropriate and accurate to the City
· Provide communication development and support for the annual open enrollment period, new benefit offerings, and/or changes to the existing benefits offerings · Attendance at, and assistance with, coordination of Open Enrollment meetings

Compliance:
· Assist the City to ensure that programs are in compliance with State and Federal regulations · Review and disseminate information to staff on new or revised State and Federal legislation that impacts benefits programs
· Provide on-site training to City staff, as needed, regarding regulatory updates and/or Best Practice seminars for the effective administration of benefits plan; non-discrimination testing · Annual Form 5500 data collection and filing
· Wrap Plan Document and Summary Plan Description
· Annual Legal Notices and Disclosure
· Assist City staff with annual audit to ensure compliance with all mandated reporting and posting/notice requirements for benefit plans
· Guided HR compliance via Mineral Platform

Technology and Tools:
· Online Decision support
· White glove concierge Navigation & Advocacy 24/7 support · Enrollment Mobile Application
· Benefits Search Engine

Other Service Requirements:
· Assist in the development and implementation of an employee wellness program to improve employee health and reduce employee health -care costs, both in the short -term and in the long-term
· Recommend and help develop enhancemen ts and improvements for communications specific to the needs of the City's employees, including, but not limited to, brochures, pamphlets, matrices, comparison charts, summaries, electronic communications, forms, employee handbooks and employee orientation
· Provide timely research and responses to technical questions posed by City staff · Provide regular and timely communications needed for the effective administration of benefit plans
· Provide guidance and recommendations on items such as, but not limited to, trends in benefits plans, methods for improving cost containment, financial arrangements and administration
· Assist with the presentation content for labor and management benefits meetings and/or City Council meetings

RFP No. 23-3

20 City of Montebello

· Provide access to published benefit-related survey information · Develop additional benefits communications specific to the needs of the City's employees. · Attendance at, and assistance with, meetings with the City Council, City staff and labor groups · Recommend that City staff attend particular broker-sponsored seminars, benefit events and educational forums that would be beneficial to the City · Develop and/or assist in developing and evaluating employee needs and satisfaction surveys

SECTION 5 – FORM OF CONTRACT (SAMPLE)

PROFESSIONAL SERVICES AGREEMENT FOR

EMPLOYEE BENEFITS INSURANCE BROKER SERVICES

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

RECITALS

WHEREAS, CITY desires to retain a qualified professional consultant to provide Employee Benefit Broker and Consulting Services (“Project”); and

WHEREAS, CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and

WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and

WHEREAS, CONSULTANT responded to CITY’s Request for Proposal dated October 13, 2022 (RFP No. [23-3]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Consultant Proposal”).

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

SECTION 1. SERVICES / COMPENSATION.

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

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

C. CONSULTANT shall be compensated a sum not -to-exceed $…… …………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the

RFP No. 23-3

21 City of Montebello

Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by this reference (“Compensation”). CONSULTANT shall provide an itemize d billing statement to CITY each month for Professional Services performed. CONSULTANT shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.

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

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

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

SECTION 2. TERM.

This Agreement shall commence on ………………, 2022 , and shall terminate upon completion of the Scope of Services set forth herein, unless terminated sooner as provided in Section 8 herein.

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

SECTION 3. CONTRACT DOCUMENTS.

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

A. RFP No. 23-3;
B. Proposer’s [DATE] Proposal for the Citywide Employee Benefits Insurance Broker Services and all referenced specifications, details, and appendices (Exhibit “A” – “C”); C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.

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

SECTION 4. PERFORMANCE.

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

RFP No. 23-3

22 City of Montebello

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

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

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

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

SECTION 5. WORK PRODUCT.

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

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

SECTION 6. EXTRA SERVICES.

No extra services over and above the Compensation shall be rendered by CONSULTANT under this

RFP No. 23-3

23 City of Montebello

Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

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

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

RFP No. 23-3

24 City of Montebello

SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.

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

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

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

SECTION 11. INDEPENDENT CONSULTANT.

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

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

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

C. CITY shall not deduct from the Compensation paid to 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 CONSULTANT. CITY shall have no responsibility to provide CONSULTANT, its employees or sub-Consultant with workers’ compensation insurance or any other insurance.

SECTION 12. PERS ELIGIBILITY INDEMNITY.

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

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

RFP No. 23-3

25 City of Montebello

SECTION 13. LEGAL RESPONSIBILITIES.

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

SECTION 14. INDEMNIFICATION.

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

SECTION 15. INSURANCE COVERAGE.

During the Term of this Agreement, CONSULTANT shall carry, maintain, and keep in full force and effect all of the following minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with 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): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than One Million Dollars and Zero Cents ($1,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

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

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

By executing this Agreement, CONSULTANT further certifies as follows:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake

RFP No. 23-3

26 City of Montebello

self-insurance before commencing any of the work contemplated herein.

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

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

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

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

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

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

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

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

The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. 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.

Except for professional liability and workers’ compensation policies, the policies herein are

RFP No. 23-3

27 City of Montebello

primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self - insurance maintained by CITY, its officers, e mployees, agents or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

All insurance coverage provided pursuant to this Agreement shall not prohibit CONSULTANT, and CONSULTANT’s employees, agents or sub-Consultant, from waiving the right of subrogation prior to a loss.

CONSULTANT hereby waives all rights of subrogation against CITY. CONSULTANT agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.

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

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

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

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

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

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

CONSULTANT shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed 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 CONSULTANT and shall not bind or purport to bind CITY and shall not release CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-Consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to 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

RFP No. 23-3

28 City of Montebello

action at law or in equity is brought to enforce t his Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Article shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

A. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;

B. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any othe r party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

C. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

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

B. Whenever the context hereof sh all 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 bu t 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 contain ing an original manual

RFP No. 23-3

29 City of Montebello

signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.

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

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

SECTION 22. NOTICE.

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

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

CONSULTANT
________________________
________________________
________________________
________________________

SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.

In the performance of this Agreement, 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.

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

SECTION 24. CONFLICT OF INTEREST.

CONSULTANT and its officers, employees, associates and sub-Consultant, if any, shall comply with all California conflict of interest statutes applicable to Consultant’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONSULTANT further covenants that it presently has no interest and shall not acquire any

RFP No. 23-3

30 City of Montebello

interest, direct or indirect, which may be affected by the services to be performed by CONSULTANT under this Agreement, or which would conflict in any manner with the performance of its services hereunder.

CONSULTANT further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, 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.

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

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

SECTION 25. ENTIRE AGREEMENT.

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

CITY OF MONTEBELLO CONSULTANT

René Bobadilla Name and Title
City Manager

Dated: Dated:

ATTEST:

Christopher Jimenez
City Clerk

APPROVED AS TO FORM

Arnold M. Alvarez-Glasman
City Attorney

RFP No. 23-3

31 City of Montebello

SECTION 6 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO

HUMAN RESOURCES DEPARTMENT
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-3

EMPLOYEE BENEFITS INSURANCE BROKER SERVICES
In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any adde nda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent Contract.

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

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

The Proposer certifies that it has:

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

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

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

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

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

The Proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,

2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint venture/partnership, and/or other party.

RFP No. 23-3

32 City of Montebello

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

Addenda No(s)
Dated Dated

Dated Dated

Dated Dated

Failure to acknowledge receipt of all addenda may cause the Proposal to be considered non -responsive to the solicitation. Acknowledged receipt of each addendum must be clearly established and included with the Proposal /offer.

Proposer’s Name
Business Address

Contact Person
Email Address
Phone

Fax
Signature of Authorized Official Signature of Authorized Official

Typed or Printed Name Typed or Printed Name

Title Title

Date Date

RFP No. 23-3

33 City of Montebello

(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)

For Proposals requiring licenses the following information is required:

Consultant’s License No.

Expiration Date:

License Classification:

RFP No. 23-3

34 City of Montebello

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Employee Benefit s Insurance Broker Services Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and ho ld harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, clai ms, demands, causes of action, proceedings, expenses, judgments, pen alties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resul ting from any wrongful or negligent act, failure to act, error, or om ission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting f rom, or related to the above -referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity prov ision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

This indemnity provision shall survive the termination of the Agreement an d is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothin g in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence t o the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence o r applicability of any insurance coverages which may have been required under the Agreement or any additi onal insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification an d Hold Harmless Agreement.

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

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______

Date: ________________________________ ________________ Date: ________________________________ ________

RFP No. 23-3

35 City of Montebello

EXHIBIT B

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

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

2 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

3 Project City/Agency/Other:

Person of Contact:

Phone Number:

E-mail Address:

Address:

City, State, Zip Code:

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

Contract Value: $
Award Date:

Term of Contract:

Description of Work:

RFP No. 23-3

36 City of Montebello

EXHIBIT C

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

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

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

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

B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or the exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Consultant owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy des cribed in the pre ceding subsection. If Consultant or Consultant ’s employees will use personal autos in any way on this project, Consultant shall provide evidence of personal auto liability coverage for each such person.

C. Workers' Compensation insurance on a state approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,0 00,000 per accident for all covered losses.

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the eff ective date of this Agreement. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automob ile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving the City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return re ceipt requested, addressed to "Risk Manager," City of Montebello, 1600 West

RFP No. 23-3

37 City of Montebello

Beverly Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

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

RFP No. 23-3

38 City of Montebello

EXHIBIT D

PRICE SUMMARY SHEET
In accordance with the Request for Proposal issued by the City of Montebello (hereinafter referred to as Broker/Consultant), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in t he Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.

DESCRIPTION FIXED ANNUAL RATE
A CONTRACT YEAR 1 $
B CONTRACT YEAR 2 $
C CONTRACT YEAR 3 $
Total for initial 3 year contract period $

OPTIONAL RENEWAL PERIODS
D CONTRACT YEAR 4 $
E CONTRACT YEAR 5 $

The above amounts include salary cost, fringe benefits, overhead, operating margin and profit, and all direct and indirect expenses.

Please include above any other potential additional services that may be required and associated costs. (Attach your hourly and expense schedule for any additional work outside of scope of services.)

COMPANY NAME

ADDRESS

TELEPHONE & FAX

EMAIL ADDRESS

AUTHORIZED SIGNATURE

SIGNATURE'S NAME AND TITLE

DATE SIGNED

RFP No. 23-3
39 Montebello Bus Lines

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

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross
Receipts
Description of Portion of Work to be
Performed
Local Agency Use Only
(Certified DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE #:

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)

RFP No. 23-3

40 City of Montebello

Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.

Firm Name/
Address/
City, State, ZIP
Phone/
Fax

Annual Gross Receipts Description of Portion of Work to be Performed
Local Agency
Use Only
(Certified
DBE?)
Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

Name Phone

< $1 million YES
< $5 million NO
Address < $10 million If YES list DBE
#:

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)

RFP No. 23-3

41 City of Montebello

[THIS PAGE INTENTIONALLY LEFT BLANK]

Exhibit “B”
CONSULTANT’S SCOPE OF SERVICES

Request for Proposal:

Employee Benefits Insurance Broker Services
Prepared for:
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

November 17, 2022
Dear City of Montebello T eam:

Thank you for giving Nava Benefits the opportunity to submit our response to your Request for Proposal to provide employee benefits insurance broker services.

Nava is on a mission to bring high quality and affordable healthcare to all Americans. Our approach is simple: we bring together the best benefits talent in the industry and empower them with cutting edge technology and benefits innovation to deliver outcomes that align to our mission. We are excited about the opportunity to partner with your team and are committed to going beyond the core services you have come to expect from a traditional benefits broker to deliver an experience for your HR team and your employees that is unlike any other brokerage.

I believe that an ideal partner to City of Montebello will demonstrate the ability to function as a true extension of your HR team 365 days a year, be financially aligned and accountable to deliver on their promises, and deploy innovative benefits programs and technology that have a measurable impact on your employees benefits experience, retention, and your bottom line.

In this RFP response we aim to demonstrate why we are in the best position to positively impact your organization through our key differentiators including:
● Nava functions as an extension of your HR team by taking ownership of all benefits administration and ensuring employees have an exceptional experience. Unlike traditional brokerages, we offer year-round support with a detailed 48-point service plan, and the fastest response times in the industry.
● We deliver a Fortune 500-level benefits experience by utilizing cutting-edge technology which both enhances the employee experience and reduces plan cost. ● Nava is breaking ground on a new era of radical transparency in the benefits brokerage space by offering clients full insight into our broker pay model, as well as the industry’s first (and only) money back guarantee.

We appreciate you allowing us this opportunity to earn your trust! Sincerely,
Kayly Hill
Director of Strategic Accounts
Kayly@navabenefits.com
203-738-9814
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the proposal. Failure to return this checklist may be cause for considering the proposal non-responsive.

Description Section/
Page
Proposer shall
initial here
1 Proposal Page # 8 KH
2 Letter of Transmittal Page # 31 KH
3 Licensing, Permits, Certificates, and Taxes Page # 11 KH 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A KH
5 References Exhibit B KH
6 Insurance Exhibit C KH
7 Cost Proposal Sheet Exhibit D KH
8 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit E N/A

OPTIONAL ITEMS
9 Requests for exceptions or deviations. Page # 8 N/A
Company Name: Nava Benefits
Name of Proposer initialing document (print): Kayly Hill The email address of Company Contact: [email protected] Signature:

Title: Director of Strategic Accounts
Date: November 17, 2022

TABLE OF CONTENTS
I. Company Overview
II. Proposed Project T eam
III. Project Management Plan
IV . T ools and T echnology
V . Client Support
VI. Open Enrollment and Communication
VII. Compensation and Pricing Philosophy
VIII. Qualifications and Experience
IX. Appendix
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential
Kayly Hill (Nov 17, 2022 12:11 PST)
Kayly Hill
Kayly Hill (Nov 17, 2022 12:11 PST)
Kayly Hill

COMPANY OVERVIEW
Founded in December 2019, Nava Benefits is a Delaware C Corp, and operates nationally as a licensed brokerage. We are co-founded by Thrive Capital, a leading venture capital firm with $8B under management and deep expertise in the healthcare space. We have capitalized the business with $40 million in funding to date, bringing together like-minded investors and partners to accelerate our ability to fulfill our mission of delivering high quality, affordable healthcare to all Americans. Nava has brought together cross-functional experts across benefits, healthcare and insurance, and supports them with operations, technology, and marketing tools and playbooks that enable us to build a unique benefits offering.

Nava is on a mission to bring high-quality, affordable healthcare to all Americans, starting with the 49% who receive healthcare through their employer-sponsored benefits. We feel that the lack of innovation in the traditional brokerage space is hindering health outcomes for millions of families and believe that building a better benefits brokerage is a crucial step towards building a better healthcare marketplace. Nava is a benefits brokerage designed to do that.

With a diligent commitment to transparency, we have aligned our financial incentives with employers and their employees and are slashing the hidden mark-ups and carrier commissions that are all too common among other brokerages. T o ensure that your benefits remain competitive both in cost and quality, we have partnered with the nation’s leading benefits and HR professionals that make up
Nava’s Benefits Advisory Boardto bring their
playbook to the masses. Our team believes in the value of tech-enabled human support for our clients to save you both time and money. We have a dedicated support team with deep industry knowledge and are building technology that shifts power from industry goliaths into the hands of consumers.

PROPOSED PROJECT TEAM
The following team of individuals will be dedicated to supporting the City of Montebello team and its employees:

Kayly Hill, Director of Strategic Accounts - Relationship Manager & Strategic Partner
Formerly USI’s Assistant Vice President, Kayly’s 20-year career has provided deep industry knowledge to serve employers of all sizes and industries. In her prior roles, she spent time at Cigna in the National Accounts Underwriting division, as well as with Aon and Gallagher consulting with large employer clients. During her time at Aon, she focused specifically on servicing municipality clients (Cities, T owns and Board of Education) and understands the complexities that collective 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

bargaining agreements may have on employee benefits.

Kayly brings creative solutions to her clients that save them money while improving the lives of their employees. She joined Nava to revolutionize traditional brokerage services for small and mid-size companies by driving meaningful change through a transparent feedback loop and by bringing them the tools and strategies enjoyed by America’s largest employers.

Nick Severson, Client Manager - Main Day-to-Day Contact Nick has over a decade of experience as a Client Manager. His experience ranges from a tech startup in Chicago that created a virtual employee benefits counselor, to the largest privately held brokerage in Orange County. Nick brings a creative and technological background to the traditional broker space and has passion for innovation and his clients.

Micky Nguyen, Benefits Analyst - Second Day-to-Day Contact Micky is a Benefits Analyst with 5 years of industry experience. Micky began her career as a Wellness Consultant at Marsh and McLennan Agency and migrated to the service side to become a Benefits Analyst.

Here at Nava, Micky brings a personalized touch to her accounts by making sure she builds strong relationships with both the clients she supports and their employees. She aims to assure that the client experience is nothing short of stellar.

Bryan Davis, National Practice Leader - Benefits Consulting Lead Nava’s National Practice Leader with over 20 years of industry experience. Bryan formerly held Consulting and Leadership positions with Aon, Mercer, and Optum. Prior to joining Nava, Bryan was the Market Leader for Lockton in Northern California and Oregon. Bryan has experience and expertise in creating value for clients through creative strategies and innovative design. His role at Nava is to provide thought leadership to our clients and drive innovation to ensure an exceptional client experience.
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

John Capecelatro, VP of Operations - Vendor Evaluation, Operational Support Nava’s Vice President of Operations with nearly a decade of industry experience. John formerly worked for PillPack, which was acquired by Amazon. PillPack now functions as Amazon Pharmacy. His role at Nava is similar to his role at PillPack, which is to develop and distill data for the benefit of the client. He continually pairs with Nava’s product development team to deliver a superior client experience.

PROJECT MANAGEMENT PLAN
Nava’s Benefits Strategy for City of Montebello:

After analyzing the data that was provided, we have identified a few reflections of what we heard and developed a phased-in strategic approach to accomplish City of Montebello’s benefits program goals:

City of Montebello is currently fully insured and offers medical insurance through the CalPERS pool arrangement. The enrollment is spread across 16 medical plans (HMO, PPO, and Medicare) and 5 carriers (Anthem, Blue Shield, HealthNet, Kaiser and United Healthcare). Although there are multiple plan options, the majority are covered under Kaiser and Anthem. The City contributes about 80% towards aggregate medical costs and employees contribute approximately 20%. This cost share arrangement is aligned with industry standards, however, the City’s goal is to increase employer contributions to roughly $1,800 per month to be more aligned with local cities.

While offering multiple plans is robust, it is confusing for members to select which plan is best for them. And without any claims reporting or utilization data, it is difficult to determine if the benefit plans are priced competitively.

We recommend a crawl-walk-run strategy to deliver better benefits and lower costs, along with customized employee communications that will make offerings easy to understand.

In phase 1 (crawl), we would continue with our assessment of the current state of benefits and costs. We would expand our analysis to include the ancillary plans: dental, vision, life and disability, supplemental benefits and voluntary plans (e.g. pet insurance). In our initial marketing efforts, we saw about 10% in savings for medical, dental and vision plans alone. 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

In phase 2 (walk), we would (re)issue RFPs for all lines of coverage and recommend terminating any pooled arrangements like CalPERs. The savings achieved would help to increase the City’s contributions closer to the benchmark of $1,800 per month. We would also implement the Nava decision support and care navigation tools to assist employees in choosing and using the right medical plan for them and their families.

In phase 3 (run), Nava would model alternative funding arrangement types such as level-funded or self-funded for additional savings opportunities. We would also explore outsourcing options for retiree benefits and administration.

We look forward to the opportunity to discuss this strategic approach in further detail should we be selected to advance to the next phase of broker selection.

Broker Services:

Nava offers a comprehensive 48-point service plan that provides a roadmap for complete and proactive support. Being organized and ahead of the curve allows our team to offer the City of Montebello the best possible client experience, and gives us time as a team to make decisions that enhance your employee benefits program.

Sample 48-point service plan PW: OpenEnrollmentByNava
This annual service plan was created with input from industry veterans on the key requirements and timing for a successful health & welfare plan. These requirements include:
● A strategic focus on compliance, education, transparency. ● A structure to allow us to act as an extension of your HR team. ● A focus on proactivity — timing is everything.
● Clear delineation of task assignments so that each team member is aware of who is covering what.
● The ability to be customized. This plan will be yours and yours alone.

At Nava we know that effective communication can make or break the employee experience. That’s why we ensure smooth sailing through a combination of personalized outreach and diligence.

We create custom, easy-to-follow benefit guides for your employees. We offer open enrollment support both in-person and virtually to ensure that no matter where your team is, they feel supported.

Sample Benefits Guide PW: OpenEnrollmentByNava
We keep the lines of employee communication open through surveys that give us and your team workable data and direction.
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

We also create a custom communications calendar through collaboration with your team that covers scheduled monthly outreach to members. Everything from what we cover, when we send it, to whom and what is said is all unique to your team and goals. This ongoing communication drives awareness, utilization of tools and resources, and provides ongoing education.

Sample Communication Calendar PW: OpenEnrollmentByNava
Finally, we provide a human-first, high-touch approach to innovative tech solutions to help level up your employees’ experience and use of their benefits throughout the year. We know that every employee population has unique needs and values, so we’ll work with you to determine which tools might be helpful and how best to roll them out to your employees.

In order to ensure continuity of services and avoid disruption, our team has put together the proposed timeline below for transitioning the City of Montebello to Nava.

Proposed Transition TimelinePW: OpenEnrollmentbyNava
Policy Reviews:Nava will assist the City of Montebello team in the review and development of provisions in contractual agreements relative to City of Montebello’s activities.

In addition to delivering traditional actuarial finance reporting on claims data (inclusive of financial updates and IBNR estimates), we provide advanced analytics that go beyond monthly spend to highlight cost drivers across clinical categories and service types.

Loss Exposure: Nava will periodically review and identify changes in loss exposure.

Considering a point solution to address an area of spend? Over the past five years,hundreds of employer vendor solutions have come into the market proclaiming to reduce cost of care.

T o ensure you get the most return on your healthcare investment, we run actuarially rigorous vendor impact assessments that support you throughout the commercial lifecycle.

This covers evaluating vendor opportunities given your population’s experience and needs, designing and negotiating alternative pricing / contracting arrangements (e.g., value / risk-based contracts), and monitoring performance/outcomes.

Additionally, we review carrier/vendor/TPA policy documents & certificates of coverage for accuracy and have a legal team to review and provide feedback as needed.

TOOLS AND TECHNOLOGY
We have a unique focus on the power of technology and the impact it can have on benefits.

Healthcare as an industry is archaic in the way it operates. We want to change that. We are one of the first firms, if not the only, to track service request tickets, and related service level agreements (SLAs) in order to provide essential trend data and metrics to continuously 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

improve your offering.

At Nava, we take a human approach to human problems, but know that the right tech can streamline and enhance how your employees use their benefits. We take a personalized approach to each client’s employee base and goals to determine which tech can best complement their plans and improve the user experience and adoption rate. All of these tools are included with Nava’s services at no additional cost.

A few of those tools include:
○
ALEX by Jellyvision - A decision support tech to help your employees make informed benefit elections. Y our HR team can direct new hires to use this instead of 1:1 sit downs saving you time and energy.
○ Rightway - an employee navigation and issue support concierge available 7 days a week, 365 days a year with extended hours and bilingual capabilities. ○ Flipsnack - A virtual benefits guide that is easy to read and share. ○ Supplemental configuring, testing and management of your benefits administration platform by our team of benefits tech experts.
○ Nava SupportDesk - Timely help from the Nava team you know — never a stranger.

Plus trend data on employee requests.
○ Virtual mental health support for employees.
○ Cerebrae - Software designed to define, forecast, and validate the financial ROI of healthcare.

We also have an internal product team. Take a look at our competitors - do they have software engineers on their team? Are they innovating and pushing the envelope in this industry?
Nava believes that fixing healthcare in America relies on empowering HR leaders with the data and insights to become better buyers of benefits. Finding the right benefits for your employees should be much simpler than it is currently, so we’ve built first of its kind technology that makes it easier to find and compare employee benefits. Our community-driven
Benefits Search Engine allows HR professionals with a streamlined way to access today’s digital health innovation so you can compare and buy with ease, all in a trusted environment powered by the insights from your peers. This tool also provides benchmarking metrics on the breadth, depth, and competitiveness of their benefits offering which allows organizations to stand apart from their competition.

Part of being a successful tech-enabled firm includes continuously monitoring and vetting new solutions as they come to market. If a better offering for our clients presents itself, we will always consider it and present it to our clients if deemed a good fit based on their goals.

Additionally, our team is dedicated to holding our clients’ partners (vendors, carriers, etc) accountable. We are continually evaluating usage to ensure your company and your 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

employees are taking advantage of available resources in order to get the most value out of your investments.

CLIENT SUPPORT
Nava subscribes to a consistent, 365-day a year approach to plan performance. Our team is guided by our
48-point annual service plan that provides a roadmap for comprehensive and proactive support. This means your team always knows what is coming down the pipeline for planning and when to expect it.

This includes a monthly claim review that reviews your updated plan cost vs. budget and renewal forecast, benchmarks against your peers, and an actuarial review. We also have an employee advocacy tool which provides monthly utilization reports to identify trends and areas needing support. We have quarterly business review meetings with our clients to review all these statistics, discuss any changes or red flags and coordinate any strategy adjustments as needed. Additionally, we are one of the first firms, if not the only, to track
service request tickets and related service level agreements (SLAs) in order to provide essential trend data and metrics to continuously improve your offering. This ensures all parties are on the same page.

As previously mentioned, with Nava you will have a dedicated service team - including a Director of Strategic Accounts; Client Manager; Benefits Analyst; Compliance Resources; Legal, Marketing, Product and Operations teams – all by your side and available directly by phone or email. Our team brings vast experience from a range of reputable brokerages including USI, Lockton, Marsh, Willis T owers Watson, and Hub to name a few. We manage eligibility in-house (adds/terms/changes), tracking, reporting, and billing audits as well as open enrollment support. We also offer Nava SupportDesk, our real time issue tracking and reporting platform, to deliver the industry’s fastest average response time of under 4 hours.

When you reach out, you’ll always be connected to someone you know - never a stranger.

Furthermore, Kayly is always available to discuss questions or concerns that may arise.

We complement all of this with Rightway, a cutting-edge employee navigation and issue support concierge available 7 days a week, 365 days a year with extended hours and bilingual capabilities. This is offered at no additional cost through working with Nava.

Finally, service and reporting are at the cornerstone of our work so that we hold ourselves accountable to delivering a great benefits experience to you and your employees. This is all part of our promise with the
Nava Performance Guarantee.

OPEN ENROLLMENT AND COMMUNICATION
At Nava we know that effective communication can make or break the employee open enrollment experience. That’s why we ensure smooth sailing through a combination of 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

personalized outreach and diligence. We curate a set of tools to make sure your employees have support every step of the way.

That starts with choosing your benefits. We create custom, easy-to-follow benefit guides for your employees, to be sure that they truly understand their plan options before making a selection. We offer open enrollment support both in-person and virtually to ensure that no matter where your team is, they feel supported and all questions are addressed.

Sample Nava Benefits Guide PW: OpenEnrollmentByNava
When our clients have multiple plans to choose from, we pair these guides with ALEX by Jellyvision, an interactive (and fun!) enrollment experience backed by behavioral science to guide employees towards the best plan for their health needs. This technology typically saves both employees and employers money by reducing the risk of over-insuring for one's predicted medical needs. It also leaves employees feeling significantly more confident in their benefits selections.

In parallel, our team keeps the lines of employee communication open through surveys that give us and your HR team actionable data and direction.

We also create a custom communications calendar through collaboration with your team that covers scheduled monthly outreach to members. Everything from what we cover, when we send it, to whom and what is said is all unique to your team and goals. This ongoing, proactive communication drives awareness, proper utilization of tools and resources, and provides ongoing education.

Sample Communication Calendar PW: OpenEnrollmentByNava
T o ensure employees always have expert support around their benefits, Nava offers an always-on care advocacy and navigation experience via an intuitive mobile app, available 7 days a week, 365 days a year with expanded hours and bilingual capabilities. Employees use this concierge experience for any health or benefits related question from booking an in network doctors, reviewing a bill for errors, to getting guidance on the best next steps following a diagnosis.

COMPENSATION AND PRICING PHILOSOPHY
Nava's mission is to provide high-quality, affordable healthcare for all Americans, focusing first on employer-sponsored healthcare. A fundamental pillar of this is transparency and accountability. There are 3 important distinctions in our compensation philosophy:

1. We will be 100% transparent in all fees earned associated with the procurement and services of benefit lines.
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

2. Unlike most other brokers, wedo not accept any insurance carrier bonus commissions on any of our customers. (Meaning if we choose to renew our clients with a certain carrier or move our client to a certain carrier that is because it is in the best interest of our client. T oo often retention bonuses misalign interests between brokers and their clients because they align the interests of only brokers and insurance carriers).

3. We will put 100% of our net fees at risk via the Nava Performance Guarantee. If at the end of the year you believe we've failed to deliver, you can fire us and we'll return the fee. It's that simple.

We can be compensated on a percentage of premium or propose to be compensated on a per employee per month basis. If the City of Montebello prefers, we can operate on an agreed upon consulting fee, billed per month. The fee would be fixed and locked in for the year, unless the employee count or amount of work has shifted dramatically of 15% in either direction. Compensation is negotiable.

Services Included:
● Actuarial: Benchmarking, claims analysis, self-funding feasibility, experience review ● Compliance support including:
● Access to Mineral (formerly ThinkHR) compliance platform ● Plan document & wrap document
● 5500 preparation, as needed
● PCORI fee calculation, as needed
● General compliance questions and administration
● Communications: Decision support, Care Advocates, digital (recorded & on demand), and print (benefit guides and benefit snapshots)
● Open Enrollment Support: Bilingual, in person and virtual, travel included ● T echnology Advisory Services: Needs analysis, vetting, negotiation, and ongoing support
● Wellness: Program assessment, vetting, implementation, and tracking ● Nava SupportDesk - Timely help from the Nava team you know (never a stranger):
● Provides access to trend data on employee requests
● Tracks interactions and categorizes engagement
● Reinvestments into program specifically:
● COBRA administration
● Section 125 Premium Only Plan
● Rightway T echnology - Healthcare navigation for members ● ALEX by Jellyvision T echnology - Member decision support tool ● Virtual mental health support
● Cerebrae - Software designed to define, forecast, and validate the financial ROI of healthcare.
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

Contract Requirements:
● Month-to-month contract with a 30-day notice for termination. ● Fees at risk are total compensation received less expenses paid out as reinvestments to outside carriers or vendor-partners.

Please review Exhibit D below for our Price Summary Sheet details.

QUALIFICATIONS AND EXPERIENCE
Y our Nava team is comprised of consultants with decades of experiences working in both the carriers and brokerages, with extensive underwriting experience. Specifically, Kayly has a track record of success in securing competitive renewals and proposals for clients to have an increase at or below medical trend. As a team, we leverage our experience and vendor relationships on behalf of our clients when negotiating renewals or evaluating new benefits, which has resulted in healthcare cost renewals that are 73% less and the SMB average. Our consultants are well positioned to work with senior carrier representatives to break down proposed premiums, drilling down in great detail to ensure a fair arrangement for both the customer and carrier. We recognize that time is critical, and begin the renewal process early to create a competitive environment amongst vendors and give our clients ample time to evaluate the options.

Additionally, we’re always working on your behalf to proactively identify, qualify, and share the best new vendors and innovators in employee benefits. Through the work we do for our first-of-its-kind
Nava Benefits Search Engine we’re discovering new benefits categories and building relationships with new benefits vendors regularly. By working closely with our clients to determine needs and interests of their employee populations we are able to make recommendations for innovative benefit offerings and match them with verified vendors.

Nava is carrier agnostic and has access to the entire carrier market. The firm has not defaulted on a contract within the past five years or declared bankruptcy or been placed in receivership or been denied credit within the past three years. We have not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five years. Our firm is not currently under investigation for any charge or claim for noncompliance with any federal, state, local, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws. We are licensed to do business in the state of California and can provide certificates upon request.

Y ou can find contact information for our client references in Exhibit B below, but we would
also like to provide a bit of background about these clients and our experience servicing their accounts.
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

Kayly has been working with LSA Associates and Boardriders since 2017. When she left her prior role to join Nava Benefits in January 2022, both LSA and Boardriders continued the partnership with her.

LSA Associates is based in Irvine, CA and has about 200 employees. This is a fully insured group that offers medical insurance through two carriers. With an appetite for change and search for fiscal savings, we issued a full marketing plan to: consolidate the medical plans to one carrier, options to offer Kaiser alongside a national network plan, as well as presented a Level Funded proposal for consideration. Overall, the client was able to retain benefits closely aligned with the benchmark and savings of 10% from current costs. We also secured a $20k wellness fund to assist LSA with their wellness program.

Boardriders is based in Huntington Beach, CA and has about 2,000 employees. Given their industry sector of retail business, they have been steadily focusing on recovery from the economic impacts of COVID. The Nava team was able to reduce their total plan costs by negotiating a renewal 50% below budget and a monthly premium credit. In addition, Nava recognized there were other areas aside from cost cutting that could greatly benefit the HR team and organization. We implemented a healthcare navigation advocacy support tool for employees and total absence leave management administration for HR. But don’t just take our word for it,
here’s a brief press releasefrom Boardriders about why they chose Nava Benefits.

Shift4 was one of Nava’s very first clients! They are based in Allentown, PA and have about 1,200 employees located throughout the country. Nava has been instrumental in helping to transition this client from fully insured to self funded, which has given them greater flexibility with plan design and cost containment programs. In addition, the Nava team has been readily available to assist the client with future Merger and Acquisition benefit reviews and claims projections. Most recently, we evaluated unbundling their self funded medical plan administration, stop loss insurance and pharmacy benefit administration.

APPENDIX
48 Point Service Plan PW: OpenEnrollmentByNava
Sample Communication Calendar PW: OpenEnrollmentByNava
Sample Benefits Guide PW: OpenEnrollmentByNava
Sample Actuarial Finance ReportingPW: OpenEnrollmentByNava Proposed Timeline PW: OpenEnrollmentByNava
Boardriders Press Release
Letter of Transmittal
Exhibit A:

Indemnification and hold harmless agreement and waiver of subrogation and contribution
Exhibit B: References
Exhibit C: Insurance
Exhibit D: Bidder’s List of Subcontractor (DBE and Non-DBE) 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

SECTION 6 - FORMS AND CERTIFICATIONS

LETTER OF TRANSMITTAL

CITY OF MONTEBELLO

HUMAN RESOURCES DEPARTMENT
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-3

EMPLOYEE BENEFITS INSURANCE BROKER SERVICES
In response to the subject Request for Proposal (RFP) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents andany addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and m ade a part of any subsequent Contract.

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

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

The Proposer certifies that it has:

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

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

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

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

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

The Proposer further certifies that:

1. The only persons, firms, corporations, joint ventures/partnerships, and/orother parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,

2. The Proposal has been prepared without collusion with any other person, firm, corporation, joint 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

venture/partnership, and/or other party.

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

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

Proposer’s Name: Bryan Davis
Business Address: 228 Park Avenue S, PMB 97880, New York, NY 10003 Contact Person: Kayly Hill
Email Address: [email protected]
Phone: 203-738-9814
Fax
Signature of Authorized Official:

Typed or Printed Name: Bryan Davis
Title: National Practice Leader
Date: November 17, 2022
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential
Bryan Davis (Nov 17, 2022 12:12 PST)
Bryan Davis

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

Consultant’s License No. 0L57929
Expiration Date: 03/31/2023
License Classification: Resident Insurance Producer (Accident and Health, Life qualifications) 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

EXHIBIT A

INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP Employee Benefits Insurance Broker Services Indemnitor(s): Bryan Davis
(List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.

This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.

City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Indemnification and Hold Harmless Agreement.

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

In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: Bryan Davis Name:
(Print) (Print)
By: By:
(Signature) (Signature)
Title: National Practice Leader Title:

Date: November 17, 2022 Date:
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential
Bryan Davis (Nov 17, 2022 12:12 PST)
Bryan Davis

EXHIBIT B

REFERENCES
List at Least Three (3) Professional References:
1 Project City/Agency/Other: LSA Associates
Person of Contact: Michele Douglas
Phone Number: 949-553-0666
E-mail Address: [email protected]
Address: 20 Executive Park, Suite 200
City, State, Zip Code: Irvine, CA 92614
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: % of Premium
Award Date: March 1, 2022
Term of Contract: Annual
Description of Work: Brokerage Services
2 Project City/Agency/Other: Boardriders
Person of Contact: Julie Edwards
Phone Number: 714-889-3913
E-mail Address: [email protected]
Address: 5600 Argosy Ave, Suite 100
City, State, Zip Code: Huntington Beach, CA 92649
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: % of Premium
Award Date: July 1, 2022
Term of Contract: Annual
Description of Work: Brokerage Services
3 Project City/Agency/Other: Shift4
Person of Contact: Min Chung
Phone Number: 888- 276-2108
E-mail Address: [email protected]
Address: 2202 North Irving Street
City, State, Zip Code: Allentown, PA 18109
Description of Contract (Please
include contract value, award
date, term of contract, and
description of work):

Contract Value: $25 PEPM plus % of premium
Award Date: August 10, 2020
Term of Contract: Annual
Description of Work: Brokerage Services
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

EXHIBIT C

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

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

A. Commercial General Liability Insurance using Insurance Services Off ice Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must bepaid in addition to limits.

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

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

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

D. Professional Liability or Errors and Omissions Insurance as appropriate to the profession, written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not lessthan $2,000,000 per claim and in the aggregate. The policy must "pay on behalf of” the insured andmust include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agreement. City, it’s officers, em ployees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage ’s and automobile coverage’s with respect to liability arising out of successful Propos er’s work under this Agreement.

E. All insurance policies shall provide that the insurance coverage shall no t be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

the policy) by the insurance carrier without the insurance carrier giving theCity thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submi tted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

F. Consultant shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to the beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement". 203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

EXHIBIT D

PRICE SUMMARY SHEET
In accordance with the Request for Proposal issued by the City of Montebello (hereinafter referred to as Broker/Consultant), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.

DESCRIPTION FIXED ANNUAL RATE
A CONTRACT YEAR 1 Takeover current commission arrangement B CONTRACT YEAR 2 % of premium
C CONTRACT YEAR 3 % of premium
Total for initial 3 year contract period TBD

OPTIONAL RENEWAL PERIODS
D CONTRACT YEAR 4 % of premium
E CONTRACT YEAR 5 % of premium
The above amounts include salary cost, fringe benefits, overhead, operating margin and profit, and all direct and indirect expenses.

Please include above any other potential additional services that may be required and associated costs. (Attach your hourly and expense schedule for any additional work outside of scope of services.)

COMPANY NAME
Nava Benefits

ADDRESS
228 Park Avenue S, PMB 97880

TELEPHONE & FAX
855-485-2111

EMAIL ADDRESS
[email protected]

AUTHORIZED SIGNATURE

SIGNATURE'S NAME AND TITLE
Kayly Hill, Director of Strategic Accounts

DATE SIGNED
November 17. 2022
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential
Kayly Hill (Nov 17, 2022 12:11 PST)
Kayly Hill

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

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

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

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

Fax < $15 million
City State ZIP > $15 million Age of Firm (Yrs.)
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

Part II
The bidder shall list all subcontractors who provided a quote or bid but were not sel ected to participate as a subcontractor on this project. This is required for compliance with Title 49 , Section 26 of the Code of Federal Regulations. Photocopy this form for additional firms.

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

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

Fax < $15 million
City State ZIP > $15 million Age of Firm
(Yrs.)
203-738-9814 | kayly@navabenefits.com| navabenefits.com
Proprietary and Confidential

PRICE SUMMARY SHEET (BAFO)
In accordance with the Request for Proposal issued by the City of Montebello (hereinafter referred to as Broker/Consultant), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
*Additional programs that Nava would offer and deduct from commissions payable, if medical plans are extracted from CalPERS:
 Decision Support (approximately $1.50 PEPM, or $9,000 annually)  Healthcare Navigation & Advocacy Support (approximately $3.50 PEPM, or $21,000 annually)  COBRA Administration (approximately $1.00 PEPM, or $6,000 annually)  Total of $36,000 annually

OPTIONAL RENEWAL PERIODS
D CONTRACT YEAR 4 $35.00 per employee per month if medical plans are extracted from CalPERS * 500 Lives = $210,000 annually* E CONTRACT YEAR 5 $35.00 per employee per month if medical plans are extracted from CalPERS * 500 Lives = $210,000 annually*

DESCRIPTION FIXED ANNUAL RATE
A CONTRACT YEAR 1 $50,000 annually.

B CONTRACT YEAR 2 Year 1 Commissions $50,000 annually
-OR -
$35.00 per employee per month (PEPM) if medical plans are extracted from CalPERS * 500 Lives = $210,000 annually* C CONTRACT YEAR 3 Year 1 Commissions $50,000 annually
-OR -
$35.00 per employee per month (PEPM) if medical plans are extracted from CalPERS * 500 Lives = $210,000 annually* Total for initial 3 year contract period $150,000
-OR-
$470,000 if medical plans are extracted from CalPERS *

ITEM # 4

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

James Enriquez, Director of Public Works
SUBJECT: APPROVAL OF TASK ORDER NO. 2 AND NO. 3, UNDER MASTER RETAINER AGREEMENT NO. 3921, WITH TRANSTECH ENGINEER'S, INC. FOR BUILDING PLAN CHECK AND INSPECTION SERVICES

DATE: December 21, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Award Task Order No. 2 via an Engagement Letter Under Master Retainer Agreement No. 3921 with Transtech Engineers, Inc. for General Building Plan Check and Inspection Services for a not-to-exceed fee of $185,380 per year for staff augmentation and $352,000 per year for Plan Check services for a term of Two (2) years; and

2. Award Task Order No. 3 via an Engagement Letter Under Master Retainer Agreement No. 3921 with Transtech Engineers, Inc. for Building Inspection Services for the Metro Heights and Other Large Projects for a not-to-exceed fee of $210,000 for One (1) year; and

3. Authorize the City Manager to execute the agreements, on behalf of the City; and

4. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

The cost of services for both of the recommended Task Orders totals $747,380 per year.

This expense is covered by the revenue collected in the form of permit and plan check fees from applicants for building projects, including building and related permit fees collected from the Metro Heights project.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

The total amount of building and plan check related fees collected in Fiscal Year 2021- 22 were $3,000,271 (i.e., building, plumbing, electrical and mechanical permits, plan checks, etc.). The fees collected for the months of July through November for the current fiscal year are trending at a 10 to 20 percent increase relative to last year. Therefore, the anticipated fees to be collected for the current fiscal year will cover the recommended expenses for the staff augmentation, inspection and plan check services.

BACKGROUND/DISCUSSION:

On October 13, 2021, the City Council awarded Master Retainer Agreement No. 3921 to Transtech Engineers, Inc. (Transtech) for on-call construction management and inspection services. In October 2022, Transtech began providing plan check and inspection services to the Building and Safety Division of Public Works under Task Order No. 1, executed for a not-to-exceed fee of $45,000 under the City Manager’s authority.

Task Order No. 1 included assessment by Transtech of the Building and Safety Division in order to determine appropriate staffing levels for the projected number and size of permit and plan check applications received in a typical fiscal year. The workload was projected using data for the number and size of the permit and plan check applications received in Fiscal Year 2021-22. Based on this assessment, Transtech has provided a proposal for general building plan check and inspection services (Task No. 2) and a separate proposal for inspection services for the Metro Heights and other large, complicated projects (Task No. 3).

ENVIRONMENTAL:

N/A

ANALYSIS:

The recommended services are summarized as follows:

Task Order No. 2 (General Building Plan Check and Inspection Services) Task Order No. 2 consists of two categories of services for the Building and Safety Division of Public Works: 1) Staff augmentation for the general administration of the Building and Safety Division, including inspections; and 2) Plan checking services. Staff augmentation will initially consist of the following positions that are billed hourly and can be adjusted at any time to meet changes in workload and to complement changes in City staffing levels:

Staff Hours per Week Hourly Rate Annual Cost
Building Official 15 $160 $124,800
Permit Tech 10 $85 $44,200
Vacation Coverage
Budget
-- -- $16,380

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

Total: $185,380

Plan Check services are billed at the rate of 85% of the plan check fee collected and are mostly provided by Transtech staff working from their offices. This billing rate is projected to total $352,000 per year and provides Transtech with adequate resources to ensure quality and timely plan reviews using the City's current fee schedule charged to applicants (i.e., last updated and approved by the City Council in July, 2018). The City is currently completing a fee study review and update that includes the fees assessed for building permits and plan check services. Once the new fee schedule is updated, the percentage of the fees collected that are paid to Transtech will be renegotiated.

Task Order No. 3 (Metro Heights and Other Large Project Inspection) Transtech has been providing inspection services for Metro Heights and other large projects since October 2022, completing work through a task order within the City Manager’s purchasing authority. This work included an assessment of the workload required to adequately service large, complicated development projects. Based on that assessment, Transtech recommends a Senior Inspector working for 32 hours per week at the contract hourly rate of $125, for a total annual cost of $210,000. In consultation with the Metro Heights builder’s on-site project managers, staff has determined that this is a reasonable staffing level to meet the builder’s aggressive construction schedule.

The staffing level will be monitored and periodically adjusted to meet the builder’s construction schedule. This staffing level also provides time for the inspector to service other smaller (non-Metro Heights) complex building projects, such as the housing project at 140 East Whittier Boulevard. The City has one full-time Combination Building Inspector that provides inspection services for most of the building permits issued for small residential and commercial projects, but does not have the time to also inspect larger projects that have unpredictable and sometimes demanding schedules. Hence, use of a Senior Inspector through Transtech will ensure all inspections are receiving the attention they require while allowing the City to continue providing excellent and business friendly customer service.

SUMMARY:

Upon approval by the City Council of the recommended actions, staff will execute the recommended Engagement Letters (i.e., Task Orders) with Transtech Engineers, Inc. and ensure uninterrupted services to the public for building permit applications, plan checks and inspections.

ATTACHMENT(S)

1. Attachment A - Engagement Letter (Task No. 2)

2. Attachment B - Engagement Letter (Task No. 3)

NEXT STEPS:

N/A

1 ENGAGEMENT LETTER
FOR

CONSULTANT SERVICES

PROJECT/SERVICES: Building Plan Check and Inspection Services MASTER RETAINER AGREEMENT NO. 3921
TASK NO. 02

The purpose of this Engagement Letter is to allow t he City of Montebello (the “City”) to engage Transtech Engineers, Inc. (the “C onsultant”) to provide General Building Plan Check and Inspection services (the “S ervices” or “Project”) pursuant to those terms and conditions outlined in the draft Ma ster Retainer Agreement (Agreement No. 3921) approved by the City Council on October 1 3, 2021, in the manner set forth in Exhibit A, “Scope of Services” of this Engagement Letter.

The Scope of Services to be completed pursuant to this Engagement Letter is set forth in Exhibit A, attached hereto. The cost for providing staff augmentation services under this Engagement Letter shall be billed hourly for a tota l not-to-exceed annual fee of One Hundred and Eighty-five Thousand Three Hundred and Eighty Dollars ($185,380) per year, without prior written approval by the City. T he cost for plan checking services at a rate of 85% of plan check fees collected shall not exceed Three Hundred and Fifty-two Thousand Dollars ($352,000) per year, without prior written approval by the City. The term shall be for two (2) years beginning on the date this Engagement Letter is executed. The charges and hourly rates shall not exceed those stated and in effect when the draft Master Retainer Agreement was approved on October 13, 2021 and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personn el assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the City’s Director of Public Works / City Engineer (th e “Director”). Pursuant to Government Code 87300, et seq ., Consultant has provided (for submittal to the City Clerk), a California Fair Political Practices Commission Statement of Ec onomic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of thi s letter by the Consultant and the Director pending issuance of a “Notice to Proceed.”

2 THE CITY OF MONTEBELLO
(the “City”)
TRANSTECH ENGINEERS, INC.
(the “Consultant”)

By: __________________________
René Bobadilla, City Manager

By: ________________________

APPROVED AS TO FORM:

_________________________
Arnold M. Alvarez-Glasman,
City Attorney

ATTACHMENTS:

1. Exhibit A – Scope of Services

2. Exhibit B – Fee Schedule

Proposal

BUILDING & SAFETY SERVICES

Transtech Proposal for
Building & Safety Services
S u b m i t t e d B y
TRANSTECH Engineers, Inc.

Contact Persons:

Dennis Tarango,CBO, CSP
E: [email protected]
C: 909-821-7117

S u b m i t t e d T o
City of MONTEBELLO
Public Works Department
Attn: James Enriquez, P.E., Director / City Engineer
1600 W. Beverly Blvd.

Montebello, CA 90640

EXHIBIT A

Proposal

BUILDING & SAFETY SERVICES
October 14, 2022

City of Montebello
James Enriquez, P.E
Director of Public Works
[email protected]

Transtech is pleased to submit this proposal to provide BUILDING AND SAFETY SERVICES to the City.

As request, we complete a review of the Building Division and Development review process. Based on our findings, we propose the following:

1. An additional permit technician, until the city can fill this position.

2. An additional part -time Building inspector approximately 30 -40 hrs. per week for large and complex projects.

3. An as needed Building Official estimated 10-15 hrs. per week.

The fees for the services are as the following:

Services Fees
Plan Reviews
On a need basis
Building Official Services
10 to 15 hrs. /week
On a need basis
Per the attached schedule of hourly rates.

Building Permit Technician
hrs. /week
Per the attached schedule of hourly rates.

Where no fees collected for plan check or permits, entitlement reviews, and other additional services requested shall be per the attached schedule of hourly rates.

Schedule of hourly rates and any hourly fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S.

Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Please see our attached SOQ and reference letters.

Should you have any questions, or require additional information, please contact us.

Dennis Tarango, CBO, Principal Building Official Ayla Jefferson, CBO, Principal Building Official E: [email protected] E: [email protected] C: 909-821-7117, O: 909-595-8599;127 C: 909-851-5765, O: 909-595-8599;123 85% of plan check fees as per City Fee Schedule
10 part -time
(Not included. Separate Task Order)

Proposal

BUILDING & SAFETY SERVICES

City of Montebello Building Division Services
Schedule of Billing Rates.

TRANSTECH ENGINEERS, INC.

S C H E D U L E O F H O U R L Y R A T E S
( E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 3 )

E N G I N E E R I N G C O N S T R U C T I O N

M A N A G E M E N T

B U I L D I N G & S A F E T Y
Field Technician $80 Labor Compliance Analyst $135 Permit Technician $85 Engineering Technician $95 Funds Coordinator $140 Plan Check Technician $90 Assistant CAD Drafter $115 Utility Coordinator $150 Building Inspector $110 Senior CAD Drafter $135 Office Engineer $135 Senior Inspector $125 Associate Designer $140 Construction Inspector $135 Plans Examiner/Checker $135 Senior Designer $150 Senior Construction Inspector $145 Plan Check Engineer $150 Design Project Manager $185 Construction Manager $185 Deputy Building Official $150 Assistant Engineer $120 Resident Engineer $185 Building Official $160 Staff/Associate Civil Engineer $145 P U B L I C W O R K S I N S P E C T I O N P L A N N I N G Senior Civil Engineer $195 Public Works Inspector $135 Community Development Technician $80 Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspector $150 Assistant Planner $120 Senior Traffic Analyst $150 S U R V E Y A N D M A P P I N G Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Planning Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 A D M I N I S T R A T I V E S T A F F Traffic Engineer $165 Survey & Mapping Specialist $175 Administrative/Clerical $65 Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 Project Manager $170 F U N D I N G & G R A N T W R I T I N G Senior Project Manager $185 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140
City Engineer $175 Graphic & Rendering Designer $125
Principal Engineer $195 Grant Writer $155
Funds & Grant Project Manager $175
The above fees will be increased each year July 1st
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles -Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

EXHIBIT B

1 ENGAGEMENT LETTER
FOR

CONSULTANT SERVICES

PROJECT/SERVICES: Building Inspection Services for Metro Heights & Other Large Projects
MASTER RETAINER AGREEMENT NO. 3921
TASK NO. 03

The purpose of this Engagement Letter is to allow t he City of Montebello (the “City”) to engage Transtech Engineers, Inc. (the “C onsultant”) to provide Building Inspection services (the “Services” or “Project”) p ursuant to those terms and conditions outlined in the draft Master Retainer Agreement (Ag reement No. 3921) approved by the City Council on October 13, 2021, in the manner set forth in Exhibit A, “Scope of Services” of this Engagement Letter.

The Scope of Services to be completed pursuant to this Engagement Letter is set forth in Exhibit A, attached hereto. The cost for performing the services under this Engagement Letter shall be billed hourly for a total not-to-exceed annual fee of Two Hundred and Ten Thousand Dollars ($210,000) per year, without prior written approval by the City. The term shall be for one (1) year beginning on the date thi s Engagement Letter is executed. The charges and hourly rates shall not exceed those stated and in effect when the draft Master Retainer Agreement was approved on October 13, 2021 and as stated in the fee schedule attached hereto as Exhibit B.

Consultant acknowledges and agrees that the personn el assigned to this Project, as set forth in Exhibit A shall not be substituted unless prior written authorization is given by the City’s Director of Public Works / City Engineer (th e “Director”). Pursuant to Government Code 87300, et seq ., Consultant has provided (for submittal to the City Clerk), a California Fair Political Practices Commission Statement of Ec onomic Interest- Form 700 for each of each of its staff assigned to the Project.

By signing and returning this Engagement Letter, the authorized agent of the Consultant agrees to the provisions stated herein. The engagement of the Consultant for the services stated herein shall occur upon the execution of thi s letter by the Consultant and the Director pending issuance of a “Notice to Proceed.”

[Signatures on Next Page]

2 THE CITY OF MONTEBELLO
(the “City”)
TRANSTECH ENGINEERS, INC.
(the “Consultant”)

By: __________________________
René Bobadilla, City Manager

By: ________________________

APPROVED AS TO FORM:

_________________________
Arnold M. Alvarez-Glasman,
City Attorney

ATTACHMENTS:

1. Exhibit A – Scope of Services

2. Exhibit B – Fee Schedule

Proposal

BUILDING INSPECTION SERVICES METRO HEIGHTS PROJECT

Transtech Proposal for
Building Services for the
Metro Heights Project
S u b m i t t e d B y
TRANSTECH Engineers, Inc.

Contact Persons:

Dennis Tarango,CBO, CSP
E: [email protected]
C: 909-821-7117

S u b m i t t e d T o
City of MONTEBELLO
Public Works Department
Attn: James Enriquez, P.E., Director / City Engineer
1600 W. Beverly Blvd.

Montebello, CA 90640

Proposal

BUILDING INSPECTION SERVICES METRO HEIGHTS PROJECT
October 14, 2022

City of Montebello
James Enriquez, P.E
Director of Public Works
[email protected]

Transtech is pleased to submit this proposal to provide Building Services for the Metro Heights Project.

At your request, Transtech is able to provide an as needed Building Inspector for the Metro Heights project.

The fees for the services are as the following:

Services Fees
Building Inspector Services
30 to 40 hrs. /week
On a need basis
Per the attached schedule of hourly rates.

Where no fees collected for plan check or permits, entitlement reviews, and other additional services requested shall be per the attached schedule of hourly rates.

Schedule of hourly rates and any hourly fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S.

Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

Should you have any questions, or require additional information, please contact us.

City of Montebello Building Division Services
Dennis Tarango, CBO, Principal Building Official Ayla Jefferson, CBO, Principal Building Official E: [email protected] E: [email protected] C: 909-821-7117, O: 909-595-8599;127 C: 909-851-5765, O: 909-595-8599;123

Proposal

BUILDING INSPECTION SERVICES METRO HEIGHTS PROJECT
Schedule of Billing Rates.

TRANSTECH ENGINEERS, INC.

S C H E D U L E O F H O U R L Y R A T E S
( E f f e c t i v e t h r o u g h J u n e 3 0 , 2 0 2 3 )

E N G I N E E R I N G C O N S T R U C T I O N

M A N A G E M E N T

B U I L D I N G & S A F E T Y
Field Technician $80 Labor Compliance Analyst $135 Permit Technician $85 Engineering Technician $95 Funds Coordinator $140 Plan Check Technician $90 Assistant CAD Drafter $115 Utility Coordinator $150 Building Inspector $110 Senior CAD Drafter $135 Office Engineer $135 Senior Inspector $125 Associate Designer $140 Construction Inspector $135 Plans Examiner/Checker $135 Senior Designer $150 Senior Construction Inspector $145 Plan Check Engineer $150 Design Project Manager $185 Construction Manager $185 Deputy Building Official $150 Assistant Engineer $120 Resident Engineer $185 Building Official $160 Staff/Associate Civil Engineer $145 P U B L I C W O R K S I N S P E C T I O N P L A N N I N G Senior Civil Engineer $195 Public Works Inspector $135 Community Development Technician $80 Traffic Analyst Technician $110 Senior Public Works Inspector $145 Planning Technician $85 Associate Traffic Analyst $130 Supervising PW Inspector $150 Assistant Planner $120 Senior Traffic Analyst $150 S U R V E Y A N D M A P P I N G Associate Planner $135 Professional Transportation Planner $165 Survey Analyst $135 Senior Planner $155 Traffic Engineer Technician $95 Senior Survey Analyst $145 Planning Manager $165 Associate Traffic Engineer $145 2-Man Survey Crew $310 A D M I N I S T R A T I V E S T A F F Traffic Engineer $165 Survey & Mapping Specialist $175 Administrative/Clerical $65 Senior Traffic Engineer $185 Licensed Land Surveyor $190 Project Accountant $80 Project Manager $170 F U N D I N G & G R A N T W R I T I N G Senior Project Manager $185 Funds Analyst $130
Deputy City Engineer $160 Senior Funds Analyst $140
City Engineer $175 Graphic & Rendering Designer $125
Principal Engineer $195 Grant Writer $155
Funds & Grant Project Manager $175
The above fees will be increased each year July 1st
The above fees will be increased each year July 1st automatically by the percentage change Los Angeles-Long Beach-Anaheim California Consumer Price Index-All Urban Consumers (“CPI-U”) for the preceding twelve-month period as calculated for February by the U.S. Department of Labor Bureau of Labor Statistics and published by the United States Bureau of Labor Statistic.

ITEM # 5

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Joseph Palombi, Director of Planning & Community Development SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-6) FOR A MASTER DEVELOPER TO PREPARE AND IMPLEMENT A

STRATEGIC MASTER PLAN FOR THE MONTEBELLO GOLF COURSE

COMPLEX

DATE: December 21, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Issuing a Request for Proposals ("RFP") for a qualified Master Developer to prepare and implement a strategic master plan for the Montebello Golf Course Complex and authorize solicitation of proposals; and

2. Take such additional, related action that may be desirable.

FISCAL IMPACT:

There are no significant expenses associated with approving and circulating the RFP. The City Council is not obligated to approve a contract by soliciting proposals. Actual project contribution is to be determined through the master developer selection process. If necessary, any required budget amendments will be accomplished if and when an agreement is award.

BACKGROUND/DISCUSSION:

Based on direction received from the City Council at its meeting held on November 16, 2022, the Planning and Community Development Department is requesting authorization

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

to solicit proposals pursuant to a Request for Proposals (“RFP”) process for a qualified Master Developer to prepare and implement a strategic master plan for the Montebello Golf Course complex.

The City of Montebello has owned and operated a municipal golf course for almost its entire one hundred year history of incorporation. The Montebello Golf Course is comprised of approximately 118 acres located at 901/988 Via San Clemente, Montebello, California 90640 identified as Los Angeles County Assessor’s Parcel Nos. 5267-010- 907, 5267-009-900, 5267-009-904, 5267-009-902, 5267-009-901, 5267-007-900, 5267- 007-901, 5267-008-900, 5267-006-900, and 5267-006-901 (collectively referred to as “the Golf Course”). The Golf Course was originally acquired by the City through a series of transactions in the early 1940’s. Since this time, the City has bypassed opportunities to develop the Golf Course with viable uses based on the fundamental understanding that the property must be reserved for public golf course purposes as noted in Resolution No. 1026 approved by the City Council on December 1, 1941.

The largest parcel on which the Golf Course now sits was acquired by the City by quitclaim deed from Edna Bicknell Bagg and Mary E. Cates dated November 12, 1941.

On December 1, 1941, the City Council adopted Resolution No. 1026 to certify acceptance of the Property “for Public Golf Course purposes.” This Resolution was adopted in compliance with statutory mandates (now codified in Government Code section 27281) that require the City Council to adopt a resolution prior to the City’s acceptance of any property that is conveyed for “public purposes.” Importantly, real property that has been dedicated to the government for a specific use may not be utilized for a purpose completely distinct from its dedicated purpose.

This Golf Course Fund's ongoing operating deficit was one of the main findings from the State Auditor Report (December 2018), which served as the catalyst for reducing operating expenses (i.e., contracting out for landscape maintenance, reducing irrigation costs, etc.) and seeking a professional management company for the Golf Course. These positive changes addressed many of the recommendations from the State Auditor’s Report. The City has taken steps to enhance the economic viability of the Golf Course through planning and implementation of the Golf Course Renovation Project which is currently underway as well as the Topgolf Driving Range Project which is scheduled to break ground in late 2022. The golf course was last remodeled in May 1999 and the current project will address significant capital upgrades, repairs, and updates to amenities and experiences that reflect changes to the game that are attractive to current players.

In addition, in June 2022, the City Council adopted the City’s certified Housing Element that identifies the Golf Couse as an opportunity site for residential development to meet the City’s Regional Housing Needs Allocation (or “RHNA”) for the 6th Cycle (2021-2029).

The Golf Course was identified to accommodate residential development with densities of 50-80 units per acre. In an effort to take into consideration all of the elements that currently comprise the Golf Course and holistically explore all opportunities associated with the implementation of future development goals, staff believes it is imperative to prepare and implement a master plan for the Golf Couse.

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

Therefore, through the RFP process, developers seeking to prepare and implement a strategic master plan with the ability to identify additional strategic partnerships to realize the implementation of the Montebello Golf Course Master Plan are invited to submit a proposal for consideration. The RFP (Please see Attachment A) will be circulated for 30- days beginning December 19, 2022 through January 18, 2023. The efforts associated with the preparation and implementation of the strategic master plan include, among other things, rezoning the Golf Course, compliance with the California Environmental Quality Act (“CEQA”), and implementation of the strategic master plan.

ENVIRONMENTAL:

Pursuant to the California Environmental Quality Act ("CEQA"), this project is exempt from CEQA under the common sense rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because it can be seen with certainty that there is no possibility that the release of an RFP to solicit and select a qualified master developer to prepare and implement a strategic master plan for the Golf Course (the "Project") will have a significant effect on the environment, the Project is not subject to CEQA pursuant to State CEQA Guidelines Section 15061(b)(3). Any future development associated with this effort will be required to comply with CEQA at that time.

ANALYSIS:

The purpose of this RFP is to solicit and select a qualified master developer to prepare and implement a strategic master plan for the Golf Course. The selected master developer will be expected to prepare and implement a comprehensive master plan as well as demonstrate the ability to identify, if necessary, additional strategic partnerships to realize the implementation of the master plan to maximize the quality of life for residents and visitors and enhance the City’s economic health and demonstrate that the City of Montebello is a leader in meeting its regional housing needs.

As previously mentioned, it is anticipated that the RFP will be in circulation from December 19, 2022, to January 18, 2023. A recommendation to award a contract will be presented to the City Council for consideration once a potential master developer has been identified through the RFP process. Therefore, it is recommended that the City Council approve the RFP document, authorize the solicitation of proposals, and authorize the Planning and Community Development Department to review proposals, interview respondents, and make a recommendation for the preferred master developer based on qualifications along with a scoring criteria.

Anticipated Timeline:

ACTION DATE/TIMEFRAME
Release of the RFP December 19, 2022
Circulation of the RFP December 19, 2022 thru January 18, 2023 Deadline for Submission January 18, 2023 - No later than 5:00 p.m.

Proposal Review Period December 19, 2022 thru January 18, 2023

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

Interviews Begin January 24, 2023
ENA Presented to City Council February 2023

SUMMARY:

Staff is recommending City Council approval to issue a Request for Proposals ("RFP") to identify a qualified Master Developer to prepare and implement a strategic master plan for the Montebello Golf Course Complex and authorize the solicitation of proposals.

ATTACHMENT(S)

1. Attachment A - RFP No. 23-6, Montebello Golf Course Master Plan

NEXT STEPS:

N/A

CITY OF MONTEBELLO

REQUEST FOR PROPOSALS
December 19, 2022

MASTER DEVELOPER TO PREPARE AND

IMPLEMENT A STRATEGIC MASTER PLAN FOR

THE MONTEBELLO GOLF COURSE COMPLEX
RFP No. 23-6
FOR

CITY OF MONTEBELLO, CALIFORNIA
Deadline for Submission: January 18, 2023 at 5 p.m.

To:

City of Montebello Planning/Community Development
Attn: Joseph A. Palombi, Director
1600 W. Beverly Blvd., Montebello, CA 90640
Telephone: (323) 887-1200 extension 493
Email: [email protected]
City Website: https://montebelloca.gov

2 City of Montebello
Request for Proposal

Master Developer to Prepare and Implement
a Strategic Master Plan for the Montebello Golf Course Complex

The City of Montebello (City) is seeking proposals from qualified master developers to prepare and implement a strategic master plan for the Montebello Golf Course Complex.

A. BACKGROUND

The City has owned and operated a municipal golf course for almost its entire one hundred year history of incorporation. The Golf Course originally was acquired by the City through a series of transactions in the early 1940’s. Since this time, the City has bypassed opportunities to develop the Golf Course with viable uses based on the fundamental understanding that the property must be reserved for public golf course purposes as noted in Resolution No. 1026 approved by the City Council on December 1, 1941. Located just minutes from downtown Los Angeles, the Montebello Golf Course is strategically located adjacent to the Interstate 60 (I -60) Freeway with potential for mixed -use development with a range of housing types including affordable housing consistent with the City’s commitment to providing affordable housing 1 to address the Regional Housing Needs Allocation (“RHNA”).

The City ’s documented vision for the future of the Montebello Golf Course includes the potential for residential development as describe d in the certified Housing Element dated June 22, 2022. In an effort to holistically plan for the future of the Montebello Golf Course complex, which is comprised of approximately 118 acres located at 901 /988 Via San Clemente, Montebello, California 90640 identified as Los Angeles County Assessor’s Parcel Nos. 5267 -010-907, 5267 -009-900, 5267 -009-904, 5267 -009-902, 5267 -009-901, 5267 - 007-900, 5267 -007-901, 5267 -008-900, 5267 -006-900, and 5267 -006-901 (collectively referred to as “ the Golf Course”), will require a qualified master developer who will work closely with the City to prepare and implement a strategic master plan.

On June 22, 2022, the City Council adopted the City’s Housing Element which was ultimately certified by the California Department of Housing and Community Development on July 11, 2022. The certified Housing Element identifies the Golf Cou rse as an opportunity site for residential development to meet the City’s Regional Housing Needs Allocation (or “RHNA”) for the 6 th Cycle (2021-2029). The Golf Course was identified to accommodate residential development with densities of 50 -80 units per acre. In an effort to take into consideration all of the elements that currently comprise the Golf Course and holistically explore all opportunities ass ociated with the implementation of future development goals, it is imperative to prepare and implement a master plan for the Golf Cou rse that realizes the potential for a cohesive development diagram to complement existing uses and provide amenities to enhance the quality of life for new residential uses as well as the surrounding community.

Therefore, the City is seeking a qualified master developer to prepare and implement a strategic master plan in the form of a specific plan, in accordance with the Ca lifornia

1 Please see the City’s certified Housing Element (2021-2029) available at: www.montebelloca.gov

3 Environmental Quality Act (“CEQA”), for the Golf Course and demonstrate the ability to identify, if necessary, additional strategic partnerships to realize the implementation of the master plan with a timeline for milestones/completion. Any proposals will need to take into consideration existing uses as well as the on-going modernization efforts at the Golf Course to help formulate and implement the strategic master plan.

B. SCOPE OF SERVICES
The purpose of the Request for Proposal (“RFP”) is to solicit proposals from highly qualified master developers to prepare and implement a strategic master plan for the Golf Course taking into consideration existing uses and on -going modernization efforts with a focus on the development of underutilized areas of the Golf Course including, but not limited to, the area identified in the City’s certified Housing Element.

C. PROPOSAL FORMAT AND CONTENT

Proposals (physical or electronic) must be received in-person or online no later than 5:00 p.m. on January 18, 2023, by the City of Montebello Planning and Community Development Department, 1600 W. Beverly Blvd. Montebello, CA, 90640. Postmarks are not acceptable.

Electronic proposals should be sent to: [email protected]

The proposal should be responsive, concise, and free of jargon to the extent possible.

Proposals should more or less conform to the following order and content.

Section 1. A cover letter that identifies the name, address, phone number, a nd email address of the firm.

Section 2. A description of the master developer and relevant qualifications with an overall approach, methods and strategies, and a description of the master plan with any related development diagrams and/or conceptual plans.

Section 3. A tentative schedule for implementation of the master plan, in accordance with CEQA, including a timeline for completion of major milestones.

Section 4. A summary of recent projects and master plans prepared of similar complexity.

Section 5. Provide a list of government agencies where you have completed a mixed -use development project within the last five years or similar services requested.

Provide the name and description of the project and a specific reference person to contact.

D. SELECTION PROCESS AND CRITERIA

1. Proposal Review: Upon receiving an adequate number of proposals by the January 18, 2022 deadline, master developers will be evaluated and the best -qualified master developer will be invited to participate in an interview.

2. Selection Criteria: The City will select a master developer to provide the services pursuant to this Request for Proposal based on the evaluation of the proposals and completion of the interview process. The selection process is based on a determination

4 to engage the master developer that is deemed most qualified with demonstrated experience in preparing and implementing a strategic master plan for the Golf Course as outlined in this request including, but not limited to, the following criteria:

a. Completeness of the proposal: How thoroughly the proposal responds to this RFP.
b. Experience: The master developer will provide information on knowledge of preparing and implementing a strategic master plan in accordance with CEQA. c. Qualifications: Qualifications of key personnel, including principal(s), project manager(s), and other individuals pertinent to the project’s success. d. Performance: The master developer must demonstrate the ability to produce a timely and high-quality product.
e. Surplus Land Act. The master developer will be required to satisfy all state related affordable housing objectives to seek an exemption pursuant to Government Code Section 54221, subdivision (f)(1)(F)(ii) including, a mixed-use development that is more than one acre in area, that includes not less than 300 housing units, and at least 25% of the residential units are restricted to lower-income households in accordance with the Surplus Land Act.

3. Interviews: Selected candidates may be invited for an interview (optional), which is tentatively scheduled for the week of January 24, 202 3. City staff will confirm dates/times via e-mail and/or formal communication/letter.

4. Exclusive Negotiating Agreement (“ENA”): Upon identification of a preferred developer, the Director of Planning and Community Development will negotiate an ENA between the City and the preferred developer. During the term of the ENA will facilitate the preliminary studies, visioning, project feasibility, and the terms of disposition and development.

5. Approval and Execution: The ENA will be presented to the City Council for consideration and execution by the City Manager or designee.

E. MISCELLANEOUS PROVISIONS

1. Rights of City: The City reserves the right to reject any or all proposals received, or request additional information from any or all of the respondents, to ascertaining the most qualified individual/firm for the requested service

2. Completeness: To be considered, respondents must submit a complete response in accordance with the requirements contained herein. Proposals must be signed by an officer of the consultant authorized to bind the firm to its provisions. All proposals, with associated costs and agreements, shall be considered valid and binding on the consultant for ninety days after the proposal due date.

3. Ownership of Reports: All documents prepared and submitted to the City of Montebello by the selected individual/firm under this request shall become the property of the City.

F. FILING DEADLINE
Prospective master developer candidates are encouraged (but not required) to indicate their

5 preliminary interest in submitting a proposal, by sending a message of interest to :
[email protected]
To be considered for this RFP , please submit a complete proposal package to Joseph Palombi at the following address or via email no later than 5:00 p.m. on January 18, 2023:

City of Montebello Planning and Community Development Department Attn: Joseph A. Palombi, Director of Planning and Community Development 1600 W. Beverly Blvd.

Montebello, California 90640
Email: [email protected]
Proposals must be sealed and clearly state on the outside of the package or envelope “City of Montebello Golf Course Complex Master Developer RFP.” The City assumes no responsibility for errors or delays by public or private carriers in delivering any proposal.

G. TENTATIVE TIMELINE:

 December 19, 2022 - Release of RFP
 January 18, 2023 - Deadline for Submission of Proposals  January 24, 2023 - Interviews (If necessary)
 February 2023 - Selection of preferred developer

The City of Montebello may, at its discretion, adjust any or all of these proposed timeline dates.

H. QUESTIONS
This request is issued for the City by the Planning and Community Development Department. All questions regarding the Request for Proposal shall be directed to Joseph Palombi, Director, of the Planning and Community Development Department or his designee. Please use the following contact information:

Joseph A. Palombi, Director
City of Montebello Planning and Community Development Department 1600 W. Beverly Blvd. Montebello, CA 90640
Tel: (323)887-1200
Email: [email protected]

ITEM # 6

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

David Sosnowski, Director of Recreation and Community Services SUBJECT: AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-5) FOR RECREATION GUIDE PRODUCTION

DATE: December 21, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize staff to issue a Request for Proposals No. 23-5 (RFP) for the production, digital hosting, and printing of a Montebello Recreation Guide; and

2. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

It is anticipated that the development and publishing of three (3) Montebello Recreation and Leisure Guides (Guide) per Fiscal Year is not expected to exceed $40,000; for design, digital web hosting, and printing of approximately 2,500 copies per each release. The adopted FY 2022-23 General Fund and Transit Funds' Advertising and Printing Accounts have sufficient monies available to produce the first edition guide in April 2023. Future fiscal year budget requests will incorporate projected Guide expenditures.

BACKGROUND/DISCUSSION:

Development and dissemination of a recreation brochure was one of the key recommendations made in the adopted 2021 Parks Master Plan. The brochure was cited as a way to enhance the City of Montebello's branding and marketing efforts, as well as,

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

improve effective communication with City residents and stakeholders on a consistent and advanced basis. The Parks Master Plan also noted that keeping Montebello residents "in-the-loop" on recreation and leisure opportunities will foster a greater sense of community among residents and better transparency of City operations as a whole.

Since adoption of the Parks Master Plan, the Recreation and Community Services Department staff have worked to offer expanded Senior services and programs; addition of several park amenities, including the newly opened Pickleball courts at City Park; production of an increased number of large-scale city-wide special events; a Farmers Market series; and an overall diversified offering of recreation classes.

Currently, the Montebello community relies on individual recreation fliers to promote each program, service, or special event offered, but is lacking a comprehensive guide that provides advanced notice of all recreation opportunities throughout the calendar year. Limited social media is used due to the number of classes and offerings. Incorporation of a digital format will increase participation, expand community engagement and market existing facilities.

ENVIRONMENTAL:

N/A

ANALYSIS:

With the continued expansion of recreation and leisure opportunities it is imperative that Montebello patrons and residents have a regular and reliable source of recreation information. The Guide will serve to increase and improve knowledge of and involvement in City recreation opportunities, and will aid in educating the public on all City services, including Montebello Bus Line’s transportation options.

Typical recreation guides provide sections such as “Special Events” or “Senior Services” for ease of use by the reader, as well as offering general City information like a facility map with addresses, Department contact telephone numbers, or utilities contact information such as trash and water. Recreation and Community Services Department staff will work in conjunction with the City Manager and Public Information Department to brand the Guide and identify pertinent information to be included in each published Guide. The sections will feature detailed information about programs, services, or amenities offered for that section. For example, a “Youth Sports” section would include the description of youth sports classes being offered, including the class location, dates, times, and fees. City staff are proposing to follow this format for the proposed Montebello Recreation Guide.

The RFP scope will include graphic design for an 18 – 20 page 8 ½ x 11 inch sized, full color guide to be produced three times per fiscal year, hosted on an online platform that will be available on the City’s website, and printing of approximately 2,500 copies that will be available for pick-up at City facilities. Additionally, the RFP will include optional bid pricing for the vendor to provide additional graphic design services on an as needed

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

basis, which may or may not be awarded. Types of additional work include graphic design and / or production of individual fliers, banners, promotional items, and the like. A draft of the RFP is included for as Attachment “A”.

The proposed Guide would be published three (3) times per FY on the schedule shown below:

Month
Published
Include Information For The Months Of:

April May, June, July, and August
August September, October, November, and December
December January, February, March, and April

Publishing the Guide in advance of the months that it will provide information allows Montebello residents and patrons the ability to plan ahead so they are better able to attend classes, special events, or access various City services. In addition, information will be provided in a one-stop-shop format and registration dates, for most classes, will also be made available earlier giving Department staff the ability to better prepare for and allocate resources as needed. This planning will help to streamline Department operations with improved strategic planning, more accurate budget development, and increased fiscal oversight of budgeted operations.

SUMMARY:

Staff recommends the City Council authorize issuing a Request for Proposals (No. 23-5) for design, digital web hosting, and printing of a Montebello Recreation Guide.

ATTACHMENT(S)

1. Attachment A - RFP No. 23-5, Recreation Guide (Draft)

NEXT STEPS:

N/A

CITY OF MONTEBELLO
Request for Proposals

RFP No. 23-5
Parks and Recreation Guide

Release Date: Thursday, December 15, 2022
Due Date: Monday, January 9, 2023, at 11 a.m. PST

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
2 TO PROSPECTIVE PROPOSERS
The City of Montebello invites Vendors to submit a proposal in accordance with this Request for Proposals (RFP). Your response to this request will be evaluated to determine your Vendor's qualifications. Submissions must adhere to the format and content of this RFP. Proposals will not be evaluated unless all parts requested are submitted in a complete package. The information set forth is the minimum required to qualify for consideration. The successful Proposer will be required to enter into a Professional Services Agreement based on the specifications outlined in this RFP.

THE DATE OF SOLICITATION
December 15, 2022

THE PROJECT
Parks and Recreation Guide

THE OWNER
City of Montebello – Recreation and Community Services Department 1600 West Beverly Blvd., Montebello, CA 90640
Attn: David Sosnowski, Director of Recreation and Community Services Contact Phone: (323) 887-1200
Contact E-Mail: [email protected]

PROPOSAL CONTACT
City of Montebello – Recreation and Community Services Department 1700 W. Victoria Ave., Montebello, CA 90640
Attn: Nadine Hernandez, Recreation Supervisor
Contact Phone: (323) 887- 4558
Contact E-Mail: [email protected]

Any questions related to this RFP should be submitted via the City’s PlanetBids Portal by Tuesday, December 27, 2022, at 11:00 a.m. PST. Prospective vendors must register their business with PlanetBids prior to being able to view or bid on any RFP. To access the City's PlanetBids Portal, please go to:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
3 Table of Contents Page

1.0 Notice Inviting Proposals 4

2.0 Introduction/About the City of Montebello 5

3.0 Timeline 7

4.0 Purpose 7

5.0 Scope of Work 7

6.0 Proposal Submittal 9

7.0 Evaluation of Proposal 9

8.0 Proposal Protests 9

9.0 Execution of Agreement 11

10.0 Insurance 11

11.0 Non-Commitment of City 13

12.0 Labor Requirements 13

13.0 Records 13

14.0 Subcontractors 14

15.0 Modifications/Changes 14

16.0 Disclosure of Information 14

17.0 City of Montebello Rights 14

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

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
4 1.0 Notice Inviting Proposals
The City of Montebello is seeking proposals from qualified vendors/businesses to provide the design, digital hosting and printing services for the publication of the Parks and Recreation Guide following the specifications, terms, and conditions identified in Request for Proposals (RFP) No. 23-5. Prospective respondents are advised to carefully read information related to this opportunity before submitting a response.

To view the complete RFP package, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 Prospective bidders must register their business with PlanetBids prior to being able to view or bid on any RFP.

Questions must be submitted no later than Tuesday, December 27, 2022, at 11:00 a.m. PST.

Responses must be submitted via PlanetBids by Monday, January 9, 2023, at 11:00 a.m. PST.

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

DATE OF SOLICITATION: Thursday, December 15, 2022

*QUESTIONS DEADLINE: Tuesday, December 27, 2022 at 11:00 a.m. PST *QUESTIONS MUST BE SUBMITTED VIA PLANETBIDS

SUBMITTAL DUE DATE: Monday, January 9, 2023 at 11:00 a.m. PST

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
5 2.0 Introduction
The City of Montebello, hereinafter referred to as the City, invites qualified Vendors to submit written proposals for providing the Design, Digital Hosting and Printing Services for the publication of the Parks and Recreation Guide.

Should an award be made, the selected proposer will enter into an agreement with the City of Montebello to provide these services.

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

Responses are due no later than Monday, January 9, 2023, at 11:00 a.m. PST through the City's PlanetBids Portal. Before submitting responses, Vendors must register as a vendor in the portal. Vendors are encouraged to register well ahead of the deadline to avoid any technical difficulties that may arise. To register, please visit:
https://www.montebelloca.gov/cms/one.aspx?portalId=58756&pageId=84839 and click "New Vendor Registration."

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

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

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

About the City of Montebello
Montebello ("beautiful mountain" in Spanish and Italian) is a city in the County of Los Angeles, California. Founded in 1899 and incorporated in 1920, the City is an 8.37 square mile General Law City located east of Downtown Los Angeles.

Currently, the City has a population of approximately 63,000 residents. It hosts a mix of various industries that represent the business diversity of the County of Los Angeles as a whole. It is a full-service city that provides a long list of services, employing approximately 480 full-time and part-time employees in public safety, transit, and non-safety functions.

Department of Recreation and Community Services

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
6 Our Mission is to: Strengthen community through people, parks & programs.

The department strives to provide rewarding programs, services, and facilities that enhance the qual ity of life for Montebello residents and positively influence the public. Staff are committed to strengthen Montebello’s image and offer a sense of community, thereby supporting economic development, increasing public engagement, and promoting health and w ellness. The Recreation and Community Services Department is comprised of the following programs and operational areas:

Administration
The Recreation and Community Services Administration is responsible for the leadership and oversight of a wide range of recreational facilities, parks, programs, services, and Golf Course operations. Staff maintain budgetary control and fiscal responsibili ty for the department, grants management, strategic planning, interdepartmental coordination, and collaboration with the School District, community sports leagues, the Parks and Recreation Commission, and other community based organizations.

Programs & Services
The Department provides innovative community programs, staff run or contracted classes, and services for people of all ages and developmental abilities that encompass community engagement, leisure, social, and cultural programming, special events, aquatics , camps, educational services, and grant funded programs such as the Youth Employment Program.

Parks & Recreation Facilities

The Department of Recreation and Community Services oversees, operates, and coordinates the reservation and rentals of facilities for its community groups, residents, employers, and visitors. Over 84 developed acres are home to ten (10) parks; multiple athletic fields; outdoor pickle -ball, basketball, and tennis courts; an indoor gymnasium; a skate park; two aquatic facilities and a splash pad; a community garden; batting cages; a barnyard zoo; a youth center; and outdoor a mphitheater; and a senior center.

Senior Services

Senior Services are offered to empower and provide senio r citizens aged 50 years and over access to physical, leisure, social, and life -enhancing and sustaining programs and services, thus allowing older adults to thrive and age healthfully in the community. To support this, the Montebello Senior Center maintai ns a schedule of classes, social services, and special events for the senior population. Continuous programs include health screenings, dances, and a variety of exercise/leisure classes. Staff promote needed senior resource programs to reinforce this group ’s quality of life, health and

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
7 well-being. By providing senior citizens assistance, advocacy, and liaison services for various resources related to housing, food, healthcare, and transportation among others.

Special Events

The Department of Recreation and Community Services is responsible for coordinating special events in the Montebello community, festivities that display Montebello's unique heritage and diverse cultures. The current events are the Veteran's Day Program, Me morial Day Program, City Heritage 5K Run, Halloween Fest, Winter Wonderland and Tree Lighting, Independence Day Spectacular, and Downtown Street Fest
Sports

Staff coordinate sports programs and field rentals for all community members and sports organizations. Staff have developed and oversee the youth basketball, soccer, t -ball/baseball, and flag -football leagues; adult softball and basketball leagues; as well as a summer swimming team.

3.0 Timeline

 Release RFP December 15, 2022
 Online Q&A Deadline December 27, 2022 at 11a.m. PST  Deadline to Submit Responses via PlanetBids January 9, 2023 at 11a.m. PST  City Review of Qualification Submissions January 10 – 12, 2023  Notifications Sent to Vendors Anticipated January 25, 2023  Award Anticipated January 26, 2023

4.0 Purpose

Through this opportunity, the City of Montebello intends to obtain the services of a qualified company to provide the Design, Digital Hosting and Printing of a Montebello Recreation Guide and to provide the services as detailed in the Scope of Work/Services section.

5.0 Scope of Work/Services

The City of Montebello is interested in awarding a professional services agreement for the City’s recreation program guide beginning with the Spring/Summer 2023 guide. The recreation program guide will be published 3 times a year; each publication would average between 18 – 22 pages and will be distributed at various City facilities and posted to the City’s website. Program guide will be required to have 4- page full-color cover/back that is part of the 18 -22 page average. The interior pages will need to be color with color photos.

Additionally, a full digital color version of the guide is essential for posting to the City’s website.

All proposals shall include turnkey pricing for all services requested. All

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
8 quantities are approximate, and the City reserves the right to reasonably increase or decrease the amounts, and change specifications upon award.

Specifications

 Design -
o Development and design of the Montebello Parks and Recreation Guide, including branded masthead and template layout.
o Provision of up to three (3) successive proofs, provided in print and digitally, of guide beginning with layout template per edition, prior to the Department approving final version.

 Formatting - Montebello Parks and Recreation Department will supply text in Microsoft Word. Rough text copy to start 8 weeks before delivery.

Rough text pages will not be formatted and emailed addendums may exist. Formatting, graphics, layouts, etc. will be responsibility of the vendor.

 Stock Photos - Graphic Designer must have a selection of stock photos and art available for use at no extra cost. Selection of stock photos and art includes stock photos and art for all projects plus additional photos upon request to add to the department’s photo library at no extra cost.

The City is a safe, welcoming and inclusive city. Diversity in the use of photos and art is vital. If there is an additional cost, please note that in your pricing. Digital phots will be provided for some programs to incorporate into the Guide by recreation staff. Photos may be black and white and/or color images.

 Property - The successful vendor/bidder shall agree that all work product produced under the agreement, included but not limited to stock photographs, designs, graphic work, printed materials, and similar marketing material provided to the City during and upon completion of the project, shall be the property of the City, and ownership of said work product shall be retained by the City at all times. The successful contractor/bidder may take and retain copies of such written p roducts as desired, but no such written products shall be the subject of a copyright application by the successful contractor/bidder.

Similarly, the successful vendor/bidder shall agree that all (non - proprietary) data, documents, discussion, or other information developed or received by the vendor/bidder or provided for performance of the project are deemed confidential and shall not be disclosed by the successful contractor/bidder without prior written consent by the City. The City shall grant such consent if disclosure is legally required. Finally, the successful contractor/bidder shall agree that all such written products shall be returned to the City upon the termination or expiration of the project.

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
9 Additional Services

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

Printing:
 4 page glossy cover will feature a maximum of 4 color photographs  4 color process on all text pages
 2,500 copies printed and delivered to City per edition; sheet feed printing desired and full bleed printing required

Flier Design and or production of:
 Promo items
 Banners
 Posters
 Marketing and advertising materials

6.0 Proposal Submittal

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

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

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

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

Qualifications as they relate to this project (50%)
 Thoroughness and understanding of the tasks to be completed  Background and experience in Guide design
 Knowledge of the City of Montebello and local needs
 Experience of personnel assigned to the work
 Communication Skills
Reputation for integrity and competence (30%)

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
10  Positive Reference Checks
 Work Samples
Proposed Fees and Charges for Service (20%)

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

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

A. The protest must be submitted in writing within the specified time frame (no later than ten (10) working days prior to a proposal opening).

All protests must be filed with the Director of Recreation for determination. Protest must be submitted to the Director of Recreation by mail or e-mail within the specified time frame. Protests can be sent to:

Mail:

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

or

E-mail:
[email protected]

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

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

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

E. The City shall not open proposals prior to the resolution of the protest unless it is determined that:

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
11  The items to be procured are urgently required;
 Delivery or performance will be unduly delayed by failure to make the award promptly; or
 Failure to make a prompt award will otherwise cause undue harm to the City.

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

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

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

9.0 Execution of Agreement

The resulting agreement (see attached sample Appendix B) shall be signed by the successful Proposer and returned within the required insurance within ten (10) business days after the City has provided written notice that the consultant/Vendor has been awarded. Failure to execute the agreement and file acceptable insurance documents as provided herein shall just cause, at the City's option for annulment of the award. Please review the insurance requirements and indemnification clause as stated in the attached sample agreement.

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

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

A. Commercial General Liability

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

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
12 If requested, the "City of Montebello, its officials, employees, and agents" must be separately endorsed to the policy as additional insureds on an endorsement equivalent to the Insurance Services Office, Inc. Form CG 20 10 11 85 of CG 20 26 1185.

B. Business Automobile Liability

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

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

C. Professional Liability or Errors and Omissions

Depending on the work or services to be performed, professional liability or errors and omissions liability insurance may be required. The City will require the vendor to provide professional liability or errors and omissions liability insurance in an amount not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability.

D. Workers' Compensation and Employer's Liability

Workers' compensation as required by the California Labor Code and Employer's Liability in an amount not less than $1,000,000 per accident for bodily injury or disease.

Required Insurance Documentation

A. Certificate of Insurance

The Certificate Holder must be listed as follows:

City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640

B. Endorsements (if requested)

In addition to the Certificate of Insurance, the vendor must provide the following endorsements:

i. Additional insured endorsements to the general liability and auto liability* insurance policies. The "City of Montebello, its officials, employees, and agents" must be endorsed to the vendor’s general liability policy as well as the auto liability policy as additional insureds on

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
13 an endorsement equivalent to ISO forms CG 20 10 11 85 or CG 20 26 11

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

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

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

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

Vendors/Consultants may request a waiver or modification of these insurance requirements. Waiver or modification requests must be submitted in writing. The request should state the specific insurance requirement that is being considered for waiver or modification and provided a brief explanation for the request.

Requests will be reviewed on a case-by-case basis, and the decision will ultimately depend on the scope of services. The final decision to approve or deny a request will be at the City's legal authority and/or an authorized designee's discretion.

11.0 Non-Commitment of City
While the City has every intention to select a consultant/Vendor through this process, this intention is subject to change at any time during the process. The City does not commit to awarding an agreement, paying any costs incurred in preparing the proposal for this request, and/or procuring or contracting any items or services.

12.0 Labor Requirements
A. Background: All personnel engaged in the performance of this work shall be employees of the Consultant/Vendor and as such, shall be warranted to possess sufficient experience and reliability to perform this work.

B. Health: All personnel engaged in the performance of this work shall be in

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
14 good health and free of contagious diseases. The Consultant/Vendor shall not allow any person(s) under the influence of alcohol or drugs on the premises or in the building. Neither shall the Consultant/Vendor allow the use of, or presence of, alcohol or drugs on the premises or in the building.

C. Non-Discrimination: The Consultant/Vendor shall not engage in discrimination in the employment of persons because of race, color, national origin, ancestry, mental/physical disabilities, sex, or religion of such persons.

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

13.0 Records
The Consultant/Vendor agrees to permit City Manager or designee access to records, reports, files, and other papers or property of the Consultant/Vendor to audit any performance aspect under this agreement.

14.0 Subcontractors
The Consultant/Vendor shall be responsible for all work performed under the final agreement and shall keep all work under his control. No portion of the work may be subcontracted without the prior written consent of the City. Any and all subcontractors used on this work shall be under the direct supervision of the Consultant/Vendor and shall be considered as his employees. Any approved subcontractors must provide insurance indemnifying the City with limits at or exceeding the limits of the Contractor’s insurance.

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

16.0 Disclosure of Information
A. The Consultant/Vendor agrees that it will not during or after the term of the agreement disclose any proprietary information or confidential business information of the City, including but not limited to its costs, charges, operating procedures, or methods of doing business to any person, Vendor, corporation, association, or other entity or to the general public for any reason or purpose whatsoever, without the prior written consent of the City. Such confidential or proprietary information received by the Consultant/Vendor shall be used exclusively in connection with the performance of services.

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
15 B. The Consultant/Vendor shall not issue or release for publication any articles, advertising, or publicity matters relating to the services performed by the Consultant hereunder or mentioning or implying the name of the City or its respective personnel, without the prior written consent of the City.

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

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

i. The proposal is incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity.
ii. The Consultant/Vendor, in the sole judgment of the City, lacks the qualifications, experience, and/or responsibility necessary to provide the services.
iii. The Consultant/Vendor failed or neglected to complete and submit any information within the time specified by the City, and as may be otherwise required herein.

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

C. Accept all or any part of a proposal;

D. Cancel the entire RFP;

E. Issue subsequent RFPs; or

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

Please review:

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

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
16 City of Montebello
Parks and Recreation Guide
RFP No. 23-5

Appendix A – Proposal Content and Format

Proposal Content
The Vendor shall be responsible for preparing a compelling, clear, and concise proposal. The City is requesting proposals, which contain at a minimum the following information:

1. Cover Letter - Please include a letter expressing your interest in being considered for the project. Include a statement regarding the Vendor's availability to dedicate time, personnel, and resources to this effort. Please include a statement demonstrating your understanding of the proposed project.

Describe your general approach to completing the project successfully and technologies you would employ. Also, describe what information you would expect the City to supply.

2. Relevant Experience – Please include a brief statement of relevant experience within the last three (3) years.

Please also include three (3) references (Enclosure 1).

3. Cost Proposal – Cost proposal (Enclosure 2):

Total All-Inclusive Not-To-Exceed Maximum Price: The cost proposal should contain all pricing information relative to performing the scope of work as described in this request for proposals. The total all-inclusive maximum not-to- exceed price is to contain all direct and indirect costs, including all out-of-pocket expenses.

Rates for Additional Services: If it should become necessary for the City to request the successful Vendor to render additional services to either supplement services requested in this RFP or to perform any additional work as a result of the specific recommendations included in any report issued resulting from this engagement, then such additional work shall be performed only if set forth in an addendum to the contract between the City and the Vendor. Any such additional work would be performed at the same rates submitted in the dollar cost bid unless otherwise noted in the proposal.

4. Proposed Scope of Services - Please provide a Proposed Scope of Services, based on the Scope of Work contained in this RFP; and discuss any ideas for modifying, clarifying, or improving the City’s proposed scope of work.

Provide a realistic working schedule with key deliverables.

Please provide three (3) digital samples of recreation guides your business has produced in the last three (3) years.

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
17 5. Conflict of Interest Statement - The Vendor shall disclose any financial, business, or other relationship with the City that may have an impact upon the selection process. If the Vendor does not have any such conflicts, a statement declaring such should be included in their submission.

All proposals must be submitted using the PlanetBids Portal by Monday, January 9, 2022, at 11:00 AM PST. It is highly encouraged that proposals are submitted ahead of the deadline to avoid any technical difficulties that might be encountered while using the portal.

Proposal Format
To facilitate the evaluation process, all responses are required to adhere to the following format requirements. The City strongly encourages respondents to thoroughly review their proposals prior to submission to ensure they adhere to the requirements. If the proposal is not formatted or does not include all the listed items/sections, it may be deemed non-responsive.

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
18 ENCLOSURE 1 – REFERNCES

Company Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Printing Project

Date of Order

Company Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Printing Project

Date of Order

Company Name

Business Address

Name of Contact

Title Contact

Telephone Number of Contact

Email of Contact

Description of Printing Project

Date of Order

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
19 ENCLOSURE 2 – COST PROPOSAL

Graphic Design Cost per Edition to consult, design, layout, & produce per Response Requirements and Format items identified on Invitation for Bid:

The guide will be approximately 22 pages but there can be scenarios in the future where that guide may be 23 – 30 pages.

Recreation Guide:

Design Fee (up to 3 successive proofs per brochure)
$ Cost per Edition

Additional Pages $ Cost per Page

Digital Web Hosting Per FY $ Cost per Edition

Annual Subtotal (No sales TAX Included) $___________

Post print Digital Edits (for edits made only to the online PDF) $ Hourly Rate

Contracted Hourly Rate for design services for additional projected, (see Scope of Work) for special events, editable flyers, promo items, banners, posters, marketing and advertising materials.

Note: This work is separate and additional from the Recreation Guide. $ Hourly Rate

Printing Cost (22 page guide) $ Cost per Edition

Extra of Miscellaneous Charges not reflected above (must be itemized):

Item: $
Item: $
Item: $

All cost for developing proposals in response to this RFP are the obligation of the Design Company and are not chargeable to the City. All proposals may be withdrawn at any time prior to the published closing date, provided notification is received in writing to the City Purchasing Agent, listed in the RPF. Proposals cannot be withdrawn after the published closing date.

The undersigned, on behalf of the vendor, certifies that: (1) the person whose signature appears below is legally empowered to bind the com pany in whose name the bid entered; (2) has read the complete Request for Bid and understands all provisions; (3) if accepted by the City, this bid is guaranteed as written and will be implemented as stated. (4) by submitting bid, Bidder agrees to all the terms of this Bid document, including but not limited to, each and every provision of the General Term and Conditions of Bid; and (5) mistakes in writing of the submitted bid will be the bidder’s responsibility.

Authorized Signature: Date:

Name: Title:

Company Name: Phone:

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
20 ATTACHMENT B

CITY OF MONTEBELLO

PROFESSIONAL SERVICES AGREEMENT NO. ______
WITH _____________

THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on ____________, 202 _ (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and __________________________ (the “CONSULTANT”). The CITY and the CONSULTANT are sometimes referred to herein individual as the “Party,” and jointly as the “Parties.”

RECITALS

WHEREAS, the CITY desires to retain a qualified professional consultant to provide __________________________ services in the CITY; and

WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees.

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

SECTION 1. INCORPORATION OF RECITALS AND OTHER CONTRACT

DOCUMENTS

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

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

2. RFP No. ____

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

4. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.

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

SECTION 2. SERVICES / COMPENSATION.

a. All terms, conditions, requirements, and provisions of the Request for Proposals for ______________________________ in the City of Montebello ( insert date issue d) (“Request for Proposals”), as such is set forth fully in Exhibit “A ”

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
21 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.

b. The CONSULTANT shall provide to the CITY all labor, equipment, materials and incidental necessary to provide _________________________ services as set forth fully in the Request for Proposals, as such is set forth fully in Exhibit “A ” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).

c. The CONSULTANT shall be compensated for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “B” and incorporated fully herein by this reference (“Compensation”).

The CONSULTANT shall provide an itemized billing statement to the CITY each month for Professional Services performed. The CONSULTANT shall no incur fees or costs which exceed the Compensation wi thout the prior written consent of the CITY.

SECTION 3. TERM.

a. This Agreement shall commence upon issuance of a written “Notice to Proceed” (as further defined below) by the CITY and shall expire three (3) years from the Effective Date, unless terminat ed earlier as hereinafter provided. This Agreement may be extended for up to two (2) one-year extensions upon such terms and conditions mutually agreed upon by the Parties in writing.

b. Notice to Proceed. An y 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, fai thfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.

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

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

d. The CONSULTANT shall have the right to retain, subject to the CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.

e. The CONSULTANT shall retain all original reports, field and office

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
22 notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the attorney - client privilege or any other law. Said documents shall be made available for inspection by the CITY upon request.

SECTION 5. WORK PRODUCT.

a. The CONSULTANT hereby agrees that all work product produced pursuant to this Agreement, and provided to the CITY during and upon completion of this Agreement, shall be the property of the CITY, and ownership of said work product shall be retained by the CITY. The CONSULTANT may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by the CONSULTANT.

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

SECTION 6. EXTRA SERVICES.

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

SECTION 7. CITY SUPERVISION.

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

SECTION 8. TERMINATION.

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

a. Termination for Cause . In the event that any of the provisions of the Agreement are violated by either party, the non -defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) da ys cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
23 event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.

In the event of a termination for cause, the CONSULTANT shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.

b. Termination for Convenience . The CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, by giving ten (30) business days’ written notice to the CONSULTANT. Upon the termination of this Agreement as provided herein, the CITY shall provide to the CONSULTANT the part of Compensation which would otherwise be payable to the CONSULTANT for services the CONSULTANT had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a termination for convenience by the CITY, the Parties agree that the CONSULTANT shall be reimbursed for any “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 CONSU LTANT 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 even t 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 n or any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be available to the CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
24 CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.

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

c. The CITY shall not deduct from the Compensation paid to the 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 no t be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.

SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY.

a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement.

Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.

b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligi ble for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of the CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.

c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ord inance 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.

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
25 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 boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be impo sed upon them for injuries or deaths of persons, or damage to property arising out of the CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.

SECTION 15. INSURANCE COVERAGE.

a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection wi th CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:

 Commercial General Liability (CGL) : Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products -completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.

 Automobile Liability Insurance: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if CONSULTANT has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

 Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

 Professional Liability insurance appropriate to the CONSULTANT’S profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

b. If the CONS ULTANT 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.

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
26 c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.

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

e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees t hat 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.

f. Evidence of Insurance prior to commencement . The Contractor shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of servi ce 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: [insert designated email]

Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.

g. Evidence of Insurance during the entire term of the Agreement . At all times during the term of this Agreement, the CONSULTANT shall maintain on file with the CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming the CITY as an additional insured. The CONSULTANT shall, prior to commencement of work under this Agreement, file with the CITY’s Risk Manager such certificate(s).

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

i. The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming the CITY, its office rs, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to the CITY. T he CONSULTANT agrees to require its insurer to modify the certificates of insurance to

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
27 delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

j. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self -insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.

k. All insurance coverage provided pursuant to this Agreement shall not prohibit the CONSULTANT, and CONSULTANT’s employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. The CONSULTANT hereby waives all rights of subrogation against the CITY.

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

m. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.

SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.

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

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

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

SECTION 17. NO WAIVER.

Waiver by any party hereto of any ter m, 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

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
28 enforce this Agreement or because of alleged dispute, breach, default or misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.

SECTION 19. ATTORNEY’S FEES AND COSTS.

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

SECTION 20. WARRANTIES.

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

a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing t his Agreement;

b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and

c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.

SECTION 21. MISCELLANEOUS.

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

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

c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid,

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
29 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 i f 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 ac knowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel.

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

SECTION 22. NOTICE.

All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e - mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereu nder 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: [ENTER EMAIL ADDRESS]

With a copy to: City of Montebello – Department Name
Attn: Name and Title of Department Head
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 558 -1625 ext.

Email: [ENTER EMAIL
ADDRESS]mailto:[email protected]

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
30 If to Consultant: Consultant Name
Attn: ___________________
Address
City, CA #####
(###) ###-####
Email mailto:[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 r eceipt 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, ph ysical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub - consultant and applicants are employed, and that employees are treated during employment, without regard to their rac e, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

SECTION 24. CONFLICT OF INTEREST.

The CONSULTANT covenants that it presently has no interest and shall n ot 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 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 modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
31 Agreement shall be valid and binding.

[SIGNATURE PAGE TO FOLLOW]

Parks and Recreation Guide
Request for Proposals (RFP) No. 23-5
32 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 CONSULTANT NAME

René Bobadilla, City Manager Full Name, Title

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez-Glasman, City Attorney

EXHIBITS:
 Exhibit A – Request for Proposals for Services and
Contractor’s Proposal
 Exhibit B – Schedule of Compensation

33 EXHIBIT “A”

Request for Proposals for Services and Contractor’s Proposal

34 EXHIBIT “B”

Schedule of Compensation

ITEM # 7

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

David Sosnowski, Director of Recreation and Community Services SUBJECT: AMENDMENT TO FISCAL YEAR 2022-23 RECREATION AND

COMMUNITY SERVICES DEPARTMENT GRANT BUDGET

DATE: December 21, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Amend the Fiscal Year 2022-23 Recreation and Community Services Grant Budget by increasing appropriations by $27,916 in Account No. 265-70-740- 6040.10 (Grants, Parks and Recreation, Prop 68 Per Capita Fund, Other Contract Services); by $107,166 in Account No. 265-7000-2013-025-6040.60 (Grants, City Parks, City Park Facilities, Building Maintenance/Repairs); and by $261,261 in Account No. 221-70-720-6040.60 (Measure A, Parks Maintenance, Building Maintenance/Repairs); and

2. Take such additional, related actions that may be desirable.

FISCAL IMPACT:

The recommended budget amendments incorporate grant funding to be received in the current fiscal year to allow for the completion of projects and programs within the Department. The budget amounts included as amendments represent either new funding necessary to begin a project or prior year appropriations necessary to continue a previously approved project that were not carried forward when the Fiscal Year 2022- 23 budget was developed and approved.

In total, the amendments make available an additional $396,343 in grant funding. All

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

expenses made through these accounts are eligible for reimbursement by the distributing agency. Staff is requesting approval of budget amendments in three different accounts in order to provide the necessary appropriations to complete various projects and tasks related to facility maintenance, repairs, etc.:

o Proposition 68: Account No. 265-70-740-6040.10 (Grants, Parks and Recreation, Prop 68 Per Capita Fund, Other Contract Services)
o Propositon A: Account No. 265-7000-2013-025-6040.60 (Grants, City Parks, City Park Facilities, Building Maintenance/Repairs)
o Measure A: Account No. 221-70-720-6040.60 (Measure A, Parks Maintenance, Building Maintenance/Repairs)

The table below is a summary of the proposed amendments.

Funding Source FY 22-23 Budget
Amendment
State of California Parks & Recreation Prop 68 Per Capita Allocation Program (Fund 265)
$27,916
Los Angeles County Regional Parks and Open Space District Prop A Maintenance & Servicing Funds (Fund 265)
$107,166
Los Angeles County Regional Parks and Open Space District Measure A Maintenance & Servicing Funds (Fund 221)
$261,261

BACKGROUND/DISCUSSION:

In June 2018, Proposition 68 (The Parks, Environment and Water Bond) was approved by voters in the State, authorizing grant funding for state and local parks, environmental projects, water infrastructure projects, and flood protection projects. Through this funding source, the State established the Per Capita Program which makes funds available to local governments on a per capita basis. In total, the City has been allocated $217,268 in funding for local park rehabilitation.

The Department utilized Proposition 68 Per Capita Program funds for the Fitness Court Project that was approved by City Council on September 8, 2021. The project consisted of the installation of a Fitness Court at City Park, new accessible walking paths to allow access to the area, and the addition of landscaping and lighting.

The Safe Neighborhood Park Propositions of 1992 and 1996 provide Maintenance and Servicing funds to offset the increased maintenance costs resulting from Proposition A grant-funded projects. (Note: This is parks related to Proposition A, and is not the same Local Return Funding the City receives from LA Metro for transit and transporation related projects.) The City’s Youth Center, Aquatic Center, and a portion of the Senior Center

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

were constructed utilizing Proposition A funds and are thus eligible to receive Maintenance and Servicing funds. The Department utilizes funding regularly to address maintenance costs for these facilities. Typical expenses include landscaping costs, gym floor maintenance, and necessary preventative maintenance repairs. Agencies no longer receive annual allocations as a part of this program. Once all available funding is utilized, the City will not receive additional Proposition A (parks) funding.

In November 2016, Measure A (The Safe, Clean Neighborhood Parks, Open Space Beaches, River Protection, and Water Conservation Measure) was approved by voters in Los Angeles County, and replaces the existing Proposition A (parks) funding. Measure A aims to offset increased maintenance costs resulting from both Proposition A and Measure A grant-funded projects. Eligible expenses will be for maintenance of the Youth Center, Aquatic Center, a portion of the Senior Center, the City Park Multi-Use Sports Court, and the future Rio Hondo River Access Improvement Project. The Los Angeles County Regional Park and Open Space District requires agencies to use Proposition A Maintenance and Servicing funds prior to using funds from Measure A.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff recommends that the City Council amend the Fiscal Year 2022-23 Recreation and Community Services Grant Budget by increasing appropriations by $27,916 in Account No. 265-70-740-6040.10 (Grants, Parks and Recreation, Prop 68 Per Capita Fund, Other Contract Services); by $107,166 in Account No. 265-7000-2013-025-6040.60 (Grants, City Parks, City Park Facilities, Building Maintenance/Repairs); and by $261,261 in Account No. 221-70-720-6040.60 (Measure A, Parks Maintenance, Building Maintenance/Repairs).

ATTACHMENT(S)
None
NEXT STEPS:

N/A

ITEM # 8

CITY OF MONTEBELLO

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA STAFF REPORT

TO:

Honorable Mayor and City Council Members
FROM:

René Bobadilla, City Manager
BY:

Adrianna Kendricks, Director of Transportation
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4056 WITH ORANGE COAST PETROLEUM EQUIPMENT, INC. FOR THE

MAINTENANCE HOSE REELS REPLACEMENT, REQUEST FOR
PROPOSAL NO. 23-2

DATE: December 21, 2022

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve a Professional Services Agreement, No. 4056 with Orange Coast Petroleum Equipment, Inc. (Orange Coast Petroleum), for a total not-to-exceed amount of $90,011, for Maintenance Hose Reels Replacement (response to Request for Proposal No. 23-2); and

2. Authorize the City Manager to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello; and

3. Take such additional, related, action that may be desirable.

FISCAL IMPACT:

On November 23, 2022, Orange Coast Petroleum submitted their best and final value contract pricing of $90,011 (see Attachment A). Funding for this project will be allocated from Transportation’s Fiscal Year (FY) 2022-23 adopted operating budget: Transit Operating Budget – Outside Contracts, Account No. 600-90-915-6040.10, and FY 2018- 19 PTMISEA (Public Transportation Modernization, Improvement, and Service Enhancement Account) grant funding. Sufficient funds are appropriated in these accounts, therefore, a budget amendment is not needed to fund the project cost of

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

$90,011.

BACKGROUND/DISCUSSION:

On September 29, 2022, the City published RFP No. 23-2 (see Attachment B). RFP No. 23-2 was developed to remove, dispose of, and replace existing hose reels, as well as associated components (e.g., meters, water bibs, grease guns, jumper hoses, etc.), with a high performance and dual pedestal framed hose reels system located at the Transportation Department facility.

Proposers were provided the opportunity to submit questions and concerns, and corresponding answers were published using the City’s online advertising platform, PlanetBids.com. Furthermore, proposers were asked to thoroughly review the requirements for RFP No. 23-2 and submit a completed proposal package including a submission checklist. In addition, it was the proposer’s responsibility to review and acknowledge all publicly announced addendums, then craft their scope of service following such changes.

All proposals were due Thursday, October 27, 2022. The City received two (2) proposals— one from Orange Coast Petroleum and the other from Makai Solutions.

ENVIRONMENTAL:

N/A

ANALYSIS:

On November 9, 2022, an Evaluation Committee comprised of three (3) raters (Public Works and Transportation Department employees) evaluated the two (2) proposals.

Each rater independently reviewed and evaluated each proposal in accordance with the selection process outlined in RFP No. 23-2. Each proposal was rated using the following criteria and score weighting:

The Evaluation Committee’s total score for each proposal was determined as follows:

CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022

Orange Coast Petroleum was selected based on a review of the qualitative attributes (work plan, quality of proposed personnel, experience and qualifications, and technical approach) presented in their proposal (see Attachment C). In addition, Orange Coast Petroleum presented a qualified team with extensive transit experience and expertise most advantageous to the City. The contractor’s team has over 34 years of experience completing projects of the same or similar scope. Orange Coast Petroleum made emphasis on projects completed with neighboring agencies (Orange County Transit Authority, Metropolitan Transit Authority, and Amtrak) to replace similar equipment. Also, the contractor recently completed the installation of lube reels, piping, and PULSE system for Coastline Equipment in Bakersfield, California.

The Evaluation Committee reviewed and assessed their proposal as being most responsive. Orange Coast Petroleum provided the required documents and exhibits as stated in the RFP No. 23-2 guidelines. Additionally, the contractor outlined a clear and detailed work plan for how each task and deliverable requested in RFP No. 23-2 (e.g., work schedule, progress updates, service analysis, completion date, etc.) will be accomplished.

Acknowledging these facts, Orange Coast Petroleum provided the most comprehensive proposal and demonstrated the credibility required to perform the scope of service requested in RFP No. 23-2.

SUMMARY:

Staff recommends that the City Council approve Agreement No. 4056 (attached hereto in substantial form as Attachment “D”) with Orange Coast Petroleum for a total not-to- exceed amount of $90,011, for the Maintenance Hose Reels Replacement; authorize the City Manager to take action necessary to execute and finalize an agreement on behalf of the City; and direct staff to take such additional, and related, actions that may be desirable.

ATTACHMENT(S)

1. Attachment A– Price Sheet

2. Attachment B - RFP No. 23-2

3. Attachment C– Proposal: Orange Coast Petroleum Equipment, Inc.

4. Attachment D - Agreement No. 4056 with Orange Coast Petroleum Equipment, Inc.

NEXT STEPS:

N/A

City of Montebello
Request for Proposals (RFP) No. 23-2
Maintenance Hose Reels Replacement
Date Issued: September 29, 2022
Proposals Due: October 27, 2022

ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes or addendums to the RFP are posted at:
https://pbsystem.planetbids.com/portal/33072/portal-home

RFP No. 23-2
City of Montebello 2

TABLE OF CONTENTS
INTRODUCTION ..................................................................................................................................................... 5 COVER LETTER ....................................................................................................................................................... 6 TIMETABLE & SCHEDULE OF EVENTS ...................................................................................................................... 7 SECTION 1 – INSTRUCTIONS TO PROPOSERS .......................................................................................................... 8 PROPOSAL FORMAT AND SUBMITTAL ....................................................................................................................... 8 Organizational Information Required From the Contractor .................................................................................. 9 EXAMINATION OF PROPOSAL DOCUMENTS .............................................................................................................. 9 SECTION 2 – GENERAL TERMS AND CONDITIONS ................................................................................................. 10 ADDENDA ................................................................................................................................................................ 10 CLARIFICATIONS ...................................................................................................................................................... 10 DISCREPANCIES AND MISUNDERSTANDINGS .......................................................................................................... 10 WITHDRAWAL OF PROPOSALS ................................................................................................................................ 11 REFERENCES ............................................................................................................................................................ 11 PROPOSAL SIGNATURES .......................................................................................................................................... 11 PRE-CONTRACTUAL EXPENSES ................................................................................................................................ 11 PERFORMANCE GUARANTEE ................................................................................................................................... 11 CITY OF MONTEBELLO RIGHTS ................................................................................................................................. 12 STATE CREDENTIALS AND TAXES ............................................................................................................................. 12 RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS .......................................................................... 12 CONFIDENTIALITY AND PUBLIC RECORD ................................................................................................................. 12 JOINT OFFERS .......................................................................................................................................................... 12 COMPANY PERSONNEL ............................................................................................................................................ 13 SINGLE PROPOSAL RESPONSE .................................................................................................................................. 13 PROTEST PROCEDURES ............................................................................................................................................ 13 INCORPORATION OF PROPOSAL INTO AGREEMENT ................................................................................................ 13 TIME OF COMPLETION ............................................................................................................................................. 13 PAYMENT ................................................................................................................................................................. 14 CONTRACT DOCUMENTS: ORAL CHANGES / CONTRACT TERMINATION ................................................................ 14 SCOPE OF CONTRACT ............................................................................................................................................... 14 PERFORMANCE OF WORK ....................................................................................................................................... 14 ACCESS TO SITE ........................................................................................................................................................ 14 PREPARATION .......................................................................................................................................................... 15 OWNERSHIP OF DATA .............................................................................................................................................. 15 AWARD OF CONTRACT ............................................................................................................................................ 15

RFP No. 23-2
City of Montebello 3
PROPOSALS EVALUATION ........................................................................................................................................ 16 POINT OF CONTACT ................................................................................................................................................. 17 EVALUATION CRITERIA ............................................................................................................................................ 18 SECTION 3 – QUALIFICATIONS.............................................................................................................................. 19 MINIMUM NECESSARY QUALIFICATIONS ................................................................................................................ 19 SECTION 4 – SCOPE OF WORK .............................................................................................................................. 19 PROJECT OVERVIEW ................................................................................................................................................ 19 REELS SPECIFICATION .............................................................................................................................................. 20 TESTING ................................................................................................................................................................... 20 WARRANTY .............................................................................................................................................................. 20 SECTION 5 – FORM OF CONTRACT (SAMPLE) ....................................................................................................... 21 SECTION 6 – EXHIBITS .......................................................................................................................................... 32 EXHIBIT A ................................................................................................................................................................. 32 Proposal Submission Check List ........................................................................................................................... 32 EXHIBIT B ................................................................................................................................................................. 33 Letter of Transmittal............................................................................................................................................ 33 EXHIBIT C ................................................................................................................................................................. 35 Certificates, Licenses, Permits, and Registrations ............................................................................................... 35 EXHIBIT D ................................................................................................................................................................. 36 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution ......................... 36 EXHIBIT E.................................................................................................................................................................. 37 References ........................................................................................................................................................... 37 EXHIBIT F .................................................................................................................................................................. 38 Insurance ............................................................................................................................................................. 38 EXHIBIT G ................................................................................................................................................................. 39 Cost Proposal Sheet ............................................................................................................................................. 39 EXHIBIT H ................................................................................................................................................................. 40 Statement of Disadvantaged Business Enterprise (DBE) Participation ............................................................... 40 EXHIBIT I .................................................................................................................................................................. 41 Bidder’s List of Subcontractor (DBE and Non-DBE) ............................................................................................. 41 EXHIBIT J .................................................................................................................................................................. 43 Debarment and Suspension Certification ............................................................................................................ 43 EXHIBIT K ................................................................................................................................................................. 44 Performance Bond ............................................................................................................................................... 44

RFP No. 23-2
City of Montebello 4

[THIS PAGE INTENTIONALLY LEFT BLANK]

RFP No. 23-2
City of Montebello 5

INTRODUCTION
The City of Montebello (“City”) is soliciting proposals from highly-qualified contractors to remove, dispose, and replace existing hose reels, as well as associated components (e.g., meters, water bibs, grease guns, jumper hoses, etc.), with high performance and dual pedestal framed hose reels designed for heavy -duty jobs that require high-frequency use, extra strength, and durability. The Contractor will conduct an assessment of the existing hose reel system located at the Transportation Department’s (“MBL”) facility.

As the fourth-largest municipal bus system in Los Angeles County, MBL prou dly serves 4.5 million passengers a year throughout the communities of Alhambra, Bell Gardens, San Gabriel, Boyle Heights, Commerce, Downtown Los Angeles, East Los Angeles, La Mirada, Montebello, Monterey Park, Pico Rivera, Rosemead, South Gate, and Whitti er. In order to provide reliable and efficient public transportation services to the residents of Montebello and neighboring communities, MBL relies on the Maintenance Division to have state- of-the-art equipment required to maintain MBL’s fleet.

The awarde d Contractor (“Contractor”) will possess the necessary aptitude and ex perience required to complete the project objective and install the dual pedestal framed hose reels.

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

RFP No. 23-2
City of Montebello 6

COVER LETTER
DATE: September 29th, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL (RFP) NO. 23-2
TITLE: CITY OF MONTEBELLO and MONTEBELLO BUS LINES

MAINTENANCE HOSE REELS REPLACEMENT
The City of Montebello (“City”), Montebello Bus Lines (“MBL”), is soliciting proposals (“Proposals”) from highly- qualified contractors (“Contractors”) to provide the technical expertise required for the removal of existing hose reels, as well as associated components (e.g., meters, water bibs, grease guns, jumper hoses, etc.) at the City’s transportation facility. The Contractor will replace the existing hose reels with high performance and dual pedestal framed hose reels designed for heavy-duty jobs that require high-frequency use, extra strength, and durability.

A Pre-Proposal Meeting will be held on Thursday, October 6, 2022 . The meetin g will convene at 10:00 AM Pacific Standard Time in the Transportation Facility located at 400 South Taylor Avenue, Montebello. A facility walk-thru will follow the meeting. Proposers must abide by all Federal, State, local, and City coronavirus (COVID-19) protective measures (e.g., face coverings) at all times while onsite.

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

Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: City of Montebello, Transportation Facility
400 S. Taylor Ave.,
Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]

Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will be responded to according to the guidelines contained herein. Responses will be in writing and will be provided to all prospective Proposers and placed on the City’s website. Responses to questions or comments regarding this RFP provided by any other department, or employee, other than the contact person set forth above shall not be considered valid and the City will not be bound by any such comments or responses.

Inquiries received via telephone or orally in person will not receive a response.

Proposals must be received by Thursday, October 27, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in this RFP. No exceptions will be granted regardless of reason or circumstances.

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

RFP No. 23-2
City of Montebello 7
The successful Proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations.

The City hereby notifies all prospective Proposers that the City will require each Proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of co ntracts and subcontracts financed in part or whole under this RFP, and will not be discriminated against on the grounds of race, color, gender, age, or national origin in consideration for an award.

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

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

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

Name: Adrianna Kendricks
Title: Acting Director of Transportation
Address: City of Montebello, Transportation Facility
400 S. Taylor Ave.,
Montebello, CA 90640
Telephone: (323) 558-1625
Fax Number: (323) 887-4643
E-mail: RideMBL.com

You may also contact the Federal Coordination and Compliance Office, Civil Rights Division at the Title VI Hotline: 888-TITLE-06 (888-848-5306) or send a letter to:

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

TIMETABLE & SCHEDULE OF EVENTS
Scheduled Tasks Scheduled Date
Issuance of RFP Thursday September 29, 2022
Pre-Proposal Meeting Thursday October 6, 2022 at 10:00 AM PST Deadline to Submit Questions Tuesday October 13, 2022 at 3:00 PM PST Responses to Questions Provided Tuesday October 18, 2022 Deadline to Submit Proposals Thursday October 27, 2022 at 3:00 PM PST Presentations & Intent to Award Week of November 10, 2022

RFP No. 23-2
City of Montebello 8
SECTION 1 – INSTRUCTIONS TO PROPOSERS

PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal, accesse d through the City ’s official website at https://www.cityofmontebello.com/rfp-bids/bid-opportunities.html.

Deadline to Submit Proposals Thursday October 27, 2022, at 3:00 PM PST

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

The following proposal format with the required contents has been developed to enable a consistent proposal evaluation. Failure to submit the requested documents may render the proposal non-responsive and rejected.

Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and Proposers references have been checked. All proposals shall be accompanied by a completed and signed letter of transmittal provided as a part of this RFP.

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

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

Proposals shall be typed single -spaced and sub mitted on 8 ½ by 11 inch paper in the following format and include the sections specified below:
 Proposal Submission Check List (EXHIBIT A)
 Proposal and Organizational Information Required From the Contractor (SECTION 1)  Letter of Transmittal (EXHIBIT B)
 Certificates, Licenses, Permits, and Registrations (EXHIBIT C)  Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution ( EXHIBIT D)  References ( EXHIBIT E)
 Project Portfolio References ( SECTION 3)
 Insurance (SECTION F)
 Cost Proposal (EXHIBIT G)
 Statement of Disadvantaged Business Enterprise Participation ( EXHIBIT H)  Bidder’s List of Subcontractor (DBE and Non-DBE) (EXHIBIT I)  Debarment and Suspension Certification (EXHIBIT J)
 Performance Bond (EXHIBIT K)

RFP No. 23-2
City of Montebello 9

ORGANIZATIONAL INFORMATION REQUIRED FROM THE CONTRACTOR A. Cover Letter
 Introduction of firm signed by an authorized Principal of the firm.  Name, address, and phone number of firm.
 Years in business providing services described herein.  Brief statement of understanding of the services to be performed.  Include the name an d signature of binding official authorized to answer ques tions regarding the firm’s proposal.

B. Qualifications and Experience of Firm and/or Team
 Describe other contracts (at least three) similar in scope, size or discipline to the required services described herein, performed or undertaken within the past five years.  Describe projects that sub -contractors have performed with a similar scope, size, or discipline within the past five years.
 Provide references, including name, address, email address, and telephone number of a contact person for each project identified and described.
 Provide and identify the firm’s financial condition documentation  Indicate commencement dates, duration, and type of operation.  Provide a list of all public transportation clients in California.

C. Project Manager(s) and Key Project Personnel
 Clearly identify the professional staff person(s) who would be assigned as Project Manager(s) and provide resumes. The resume should indicate the abilities, qualifications, education, and experience of these individuals.

D. Work Plan and Scope of Work (SOW)
 Include an SOW that at least meets the minimum requirements of the RFP.  Acknowledge any requirements of the scope that cannot be met and are not part of the supplier’s proposal.
 Include a detailed implementation plan.

E. Project Schedule
 Account for each activity in the SOW and bidder’s approach to work.  Define a realistic timeline, measured in days, to complete SOW after award.

F. Subcontractors and Work by Others
 Identify any subcontractor to serve on the project with their qualifications.  Describe all work needed to complete the SOW not included in the proposal.  Include work to be completed by MBL with duration estimates.  Any work not included in “Work Done by Others” will be considered work the bidder will do.

G. Contract
 The City has included its standard co ntract in Section 5. Identify all exceptions to the agreement that would prevent your Firm from executing it. The City will consider and discuss exceptions during negotiations.

H. Completeness of Proposal Statement
 Provide a table of contents. Respond to all items listed in the submission requirements section and provide all other documents requested.

EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, Proposer represents that: (1) Proposer has thoroughly examined and become familiar with the SOW required under this RFP, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is capable of providing the equipment, goods and services necessary to perform the SOW and/or meet the specifications outlined in this RFP, in a manner that

RFP No. 23-2
City of Montebello 10
meets the City’s objectives. Failure to examine the documents and inform itself shall be at the Proposers’ own risk. A Proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a Proposer to have read all of the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provi de valid grounds for a Proposer to withdraw its proposal or to seek additional compensation.

SECTION 2 – GENERAL TERMS AND CONDITIONS

ADDENDA
Any changes made by the City to the requirements in this RFP will be made by written addenda. Any written addenda issued to this RFP shall be incorporated into the terms and conditions of any resulting Agreement.

The City will not be bound by any modifications to or deviations from the requirements set forth in this RFP as the result of oral instructions. The City reserves the right to revise or withdraw this RFP at any time and for any reason.

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

All questions, clarifications, or comments must be submitted to or no later than the time and date listed in the TIMETABLE & SCHEDULE OF EVENTS of this RFP. No questions will be answered individually by the City.

Requests for clarification, questions, and comments must be clearly posted on the PlanetBids Q & A section.

The City is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

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

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

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

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

RFP No. 23-2
City of Montebello 11

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

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

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

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

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

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

PRE-CONTRACTUAL EXPENSES
The City will be under no obligation for payment of pre -contractual expenses. Pre-contractual expenses are defined as expenses incurred by Proposer in:
 Preparing the proposal in response to this request.
 Submitting that proposal to the City.
 Negotiating with the City any matter related to this proposal, and/or  Any other expenses incurred by the Proposer prior to date of award.

PERFORMANCE GUARANTEE
A Performance Guarantee in the amount of 100% of the Contract value is required by the City to ensure faithful performance of the Contract. The performance bond shall be provided by the Contractor and shall remain in full force for the term of the Agreement.

The successful Contractor shall certify that it will provide the requisite Performance Guarantee to the City within ten (10) business days from Contract execution (Exhibit K). The City requires all performance bonds to be provided by a fully qualified surety company acceptable to the City and listed as a company currently authorized under 31 C.F.R. part 22 as possessing a Certificate of Authority as described hereunder. The City may require additional performance bond pro tection when the contract price is increased. The increase in