CITY OF MONTEBELLO
ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
WEDNESDAY, DECEMBER 21, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
David N. Torres, Mayor/Chairperson
Scarlet Peralta, Mayor Pro Tem/Vice Chairperson
Angie
M. Jimenez, Councilmember/Member
Salvador Melendez, Councilmember/Member
Georgina Tamayo, Councilmember/Member
CITY MANAGER/EXECUTIVE
DIRECTOR
René Bobadilla
CITY TREASURER
David Matanga
CITY ATTORNEY/AUTHORITY
COUNSEL
Arnold M. Alvarez-Glasman
CITY CLERK/SECRETARY OF AUTHORITY
Christopher Jimenez
DEPARTMENT HEADS
Assistant City Manager
Fire Chief
Poli
ce Chief
Director
of Finance
Director of Human Resources
Director of Planning/Community
Development
Director of Public Works
Director of Recreation and Community Services
Director of Transportation
Director of Public Affairs and Technology
Arlene Salazar
Fernando Pelaez
Paul Espinosa
Michael Solorza
Nicholas Razo
Joseph Palombi
James Enriquez
David Sosnowski
Adrianna Kendricks
Michael Chee
AMENDED
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
NOTICES
COVID-19 NOTICE: The City Council rescinded the Declaration of the Local Emergency and the continuation of teleconferencing open meetings pursuant to AB 361 by adopting Resolution No. 22-21 on Wednesday, April 13, 2022. This City Council/Public Financing Authority Joint Regular Meeting ("Council"/"PFA") will be held in person and will meet at City Hall – City Council Chambers, 1600 West Beverly Boulevard, Montebello, California. The meeting will be live streamed and can be watched on the City’s website and YouTube Channel via the following link:
https://www.montebelloca.gov, and may also be viewed on Spectrum Public Access Channel 3 for all Spectrum cable subscribers.
AMERICANS WITH DISABILITIES ACT: In compliance with the Americans with Disabilities Act (ADA) any person with a disability who requires special accommodations in order to participate in a meeting should contact the Administration Office at (323) 887-1437 Monday-Thursday from 7:30 a.m.-5:30 p.m. Please call 48 hours prior to the meeting to ensure that reasonable arrangements can be made to provide accessibility to this meeting (28 CFR 35.102-
35.104 ADA Title II 1203). If you require translation services, please contact the City Clerk’s office 72 hours before this meeting. Si necesita servicios de traducción, comuníquese con la Oficina del Secretario Municipal 72 horas antes de esta reunión. 如果您需要翻译服务，请在会议前 72 小时联系市书记员办公室 RULES OF DECORUM:
As Established by Ordinance 2443, adopted on October 27, 2021: Signs, placards, banners, horns, noise-making devices, or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the seats provided, unless addressing the body at the podium or entering or leaving the meeting.
No member of the audience shall willfully interrupt the orderly conduct at the meeting, this includes clapping or otherwise speaking from their seats. The presiding officer shall direct the removal of any individual whose willful interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/PFA or who otherwise disrupts the orderly conduct of the Council/PFA’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.
PUBLIC COMMENTS:
In-Person: For those interested in participating during the Public Comment period(s) or public testimony period for Public Hearings of the City Council/PFA meetings, you may address the City Council/PFA in person the day of the meeting. Speakers will be required to fill out a speaker card provided at the door and turn it into the Deputy City Clerk prior to each Public Comment announcement period. Staff will number and call each speaker card in the order received. Closed Session begins at 5:00 p.m. and Regular Session begins no later than 6:00 p.m.
Via Email: The public may also submit emailed comments via the City’s email address:
[email protected], up until the day of the meeting, Wednesday, December 21, 2022 by 3:00 p.m. These comments will be submitted to all members of the City Council/PFA and may not be read aloud but will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council/PFA. Any requests to provide public comment which is submitted after the deadlines indicated above will not be submitted to the City Council/PFA, with the exception of non-agenda written item comments which will be held over for the next regularly scheduled meeting.
AGENDA MATERIALS: The agenda and/or agenda packet are available for public inspection at City’s website at: Agendas, Minutes, and Videos.
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
IN CONSIDERATION OF OTHERS, PLEASE TURN OFF, OR MUTE, ALL CELL PHONES AND PAGERS
THANK YOU FOR YOUR COOPERATION
OPENING CEREMONIES
CALL TO ORDER
ROLL CALL
PUBLIC COMMENTS FOR CLOSED SESSION ITEMS
At this time, the general public may address the City Council/PFA on Closed Session Items. Please be aware that the maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
INVOCATION
PLEDGE OF ALLEGIANCE
CORRECTIONS TO THE AGENDA CITY MANAGER
CEREMONIAL/PRESENTATIONS - NONE
PUBLIC COMMENTS ON NON-AGENDA AND AGENDA ITEMS (30 MINUTES) At this time, the general public may address the City Council/PFA on both non-agenda and agenda items. Please be aware that the maximum time allotted for members of the public to speak shall not exceed three (3) minutes per speaker.
State Law prohibits the City Council/PFA from taking action or entertaining extended discussion on a topic not listed on the agenda. Please show courtesy to others and direct all of your comments to the Mayor.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
PUBLIC HEARING
1. PUBLIC HEARING TO APPROVE AN ENERGY SERVICES CONTRACT WITH ALLIANCE BUILDING SOLUTIONS, INC.
NOTE: This Public Hearing will be continued to the City Council Meeting of January 25, 2023 or at a date thereafter as determined by the City Council.
RECOMMENDATION:
REGULAR BUSINESS - NONE
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember wishes to discuss should be designated at this time. All other items may be approved in a single motion. Such approval will also waive the reading of any ordinance.
2. WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2457 AMENDING CHAPTER 2.14 OF THE
MONTEBELLO MUNICIPAL CODE TO UPDATE THE RULES OF ORDER AND PROCEDURE FOR THE
CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, AND
BUSINESS
RECOMMENDATION: It is recommended that the City Council:
1. Waive Second Reading and adopt Ordinance No. 2457 Amending Chapter 2.14 of the Montebello Municipal Code Updating the Rules of Order and Procedure for the Conduct of all City Council and Successor Agency Meetings, Proceedings, and Business; and
2. Take such additional related action that may be desirable.
3. APPROVE PROFESSIONAL SERVICES AGREEMENT, NO. 4062, WITH ADVOCATE, INC. DBA NAVA
PARTNERS INSURANCE SOLUTIONS, FOR THE EMPLOYEE BENEFITS INSURANCE BROKER SERVICES REQUEST FOR PROPOSAL, NO. 23-3
RECOMMENDATION: It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4062 with Advocate, Inc. dba Nava Partners Insurance Solutions to provide Employee Benefits Insurance Broker Services, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for an initial total not-to-exceed amount of One Hundred and Fifty Thousand Dollars ($150,000) for the three-year term; and
2. Authorize the City Manager and/or his designee to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello (City); and
3. Take such additional, related, action that may be desirable.
4. 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 RECOMMENDATION: 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.
5. 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
RECOMMENDATION: It is recommended that the City Council:
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
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.
6. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-5) FOR RECREATION GUIDE
PRODUCTION
RECOMMENDATION: 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.
7. AMENDMENT TO FISCAL YEAR 2022-23 RECREATION AND COMMUNITY SERVICES DEPARTMENT
GRANT BUDGET
RECOMMENDATION: 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.
8. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4056 WITH ORANGE COAST PETROLEUM EQUIPMENT, INC. FOR THE MAINTENANCE HOSE REELS REPLACEMENT, REQUEST FOR PROPOSAL NO. 23-2
RECOMMENDATION: 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.
9. APPROVE REVISIONS TO THE CITY OF MONTEBELLO ADMINISTRATIVE POLICY V-B-38.02 – FEDERAL
DRUG AND ALCOHOL REGULATIONS (FTA), TO UPDATE ADMINISTRATIVE PERSONNEL, TITLES, AND
FUNCTIONS
RECOMMENDATION: It is recommended that the City Council:
1. Approve revisions to the City of Montebello Administrative Policy V-B-38.02 – Federal Drug and Alcohol Regulations (FTA) (Administrative Policy V-B-38.02), to update administrative personnel, titles, and functions; and
2. Take such additional, related, action that may be desirable.
10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NOS. 4057 AND 4058 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES LLC, AND MOHAWK COMMERCIAL, INC., TO
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
PURCHASE AND INSTALL UPGRADED WORKSTATIONS AND FLOORING FOR THE TRANSPORTATION
DEPARTMENT
RECOMMENDATION: It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4057, with Office Solutions Business Products & Services, LLC (dba Bluespace Interiors), utilizing the Sourcewell Cooperative Purchasing Program (Sourcewell) Contract No. 121919-TKN, to purchase and install upgraded workstations for the Transportation Department for a total not-to-exceed amount of $128,824; and
2. Approve a Professional Services Agreement, No. 4058, with Mohawk Commercial, Inc. (Mohawk), utilizing the California Multiple Award Schedules (CMAS) Contract No. 4-20-00-0085C, to purchase and install flooring for Transportation, for a total not-to-exceed amount of $49,099; and
3. Authorize the City Manager and/or their designee to approve change orders for up to ten percent (10%) of the total compensation amount for each proposed agreement; and
4. Take such additional, related, action that may be desirable.
11. ADOPT RESOLUTION NO. 22-92 APPROVING MONTEBELLO BUS LINES’ 2022 TITLE VI PROGRAM
INCLUDING THE LANGUAGE ASSISTANCE PLAN AND PUBLIC PARTICIPATION PLAN, THE DISPARATE
IMPACT POLICY AND DISPROPORTIONATE BURDEN POLICY, AND THE TRANSIT SERVICE
MONITORING RESULTS
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-92 approving Montebello Bus Lines’ 2022 Title VI Program, including the Language Assistance Plan and the Public Participation Plan; and
2. Approve the Disparate Impact Policy and Disproportionate Burden Policy, as defined within the 2022 Title VI Program; and
3. Approve the Transit Service Monitoring Results, included within the 2022 Title VI Program; and
4. Take such additional, related, action that may be desirable.
12. APPROVE RECEIPT OF AN AWARD FROM THE CALIFORNIA HOMELESS COORDINATING AND FINANCING COUNCIL (HCFC) ENCAMPMENT RESOLUTION GRANT PROGRAM FISCAL YEAR 2022-23 AND 2023-2024 AND APPROPRIATE GRANT FUNDING
RECOMMENDATION: It is recommended that the City Council:
1. Approve the appropriation of $1,168,774 awarded to the City by the California Interagency Council on Homelessness (Cal ICH) Encampment Resolution Funding Grant Program; and
2. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $1,168,774 in Expense Account No. 267-85-859-6040.10 and $1,168,774 in Revenue Account No. 267-99-4198.40 (Cal-ICH) - Encampment Resolution Funding Grant Fund, Fire, Cal-ICH - Encampment Resolution Funding, Other Contract Services and Miscellaneous Grants - Cal-ICH Encampment Resolution Funding; and
3. Authorize the City Manager to execute a Memorandum of Agreement between the City of Montebello and State of California Business, Consumer Services and Housing Agency (BCSH) to receive $1,168,774 in funding for the Encampment Resolution Funding Program; and
4. Authorize the City Manager to enter into a sole-source contract with Beverly Hospital for the purpose of the demonstration project to provide emergency room case management homeless services in an amount not-to-exceed $150,000 for the grant term of two years; and
5. Take such additional, related action that may be desirable.
13. APPROVE PROFESSIONAL SERVICES AGREEMENT NO. 4055 WITH URBAN FUTURES, INC. TO
PROVIDE CONTINUING DISCLOSURE SERVICES
RECOMMENDATION: It is recommended that the City Council:
1. Approve Professional Services Agreement No. 4055 with Urban Futures, Inc. (Urban Futures, Inc.) in an amount not to exceed $99,600 ($33,200 annually) over an initial three (3) year term; and
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
2. Take any additional actions necessary to effectuate the procurement of services.
14. UPDATE ON SALE OF CITY'S WATER SYSTEM TO SAN GABRIEL VALLEY WATER COMPANY RECOMMENDATION: It is recommended that the City Council:
1. Receive and file this update on the sale of the City’s water system to San Gabriel Valley Water Company (SGVWC).
15. PAYMENT OF BILLS: ADOPT RESOLUTIO N NO. 22-95 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED DECEMBER 21, 2022
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-95 approving the Warrant Register dated December 21, 2022.
16. AMENDMENT OF AGREEMENT NO'S. 893, 3213, AND 3323 RELATED TO QUIET CANNON MANAGEMENT
AND ASSOCIATED BUSINESS ENTITIES
RECOMMENDATION: It is recommended that the City Council:
1. Approve the amended Agreements related to the Quiet Cannon Management (QMC) and associated hotel business entities in substantially the form as presented; and
2. Take such additional, related, action that may be desirable.
AB 1234 TRAVEL REPORTS
Members of the City Council will provide a brief report on meetings attended at the expense of the local agency as required by Government Code Section 53232.3(d).
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports. • David N. Torres, Mayor
• Scarlet Peralta, Mayor Pro Tem
• Angie M. Jimenez, Councilmember
• Salvador Melendez, Councilmember
• Georgina Tamayo, Councilmember
ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on January 11, 2023 at 5:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).
I, Alicia Fernandez, Senior Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Thursday, December 15, 2022 by 5:00 p.m.
December 21, 2022: Adjourned City Council and Public Financing Authority Meeting
Alicia Fernandez, Senior Deputy City Clerk
ITEM # 2
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:
Arnold Glasman, City Attorney, Alicia Fernandez, Senior Deputy City Clerk
SUBJECT: WAIVE SECOND READING AND ADOPT ORDINANCE NO. 2457 AMENDING CHAPTER 2.14 OF THE MONTEBELLO MUNICIPAL
CODE TO UPDATE THE RULES OF ORDER AND PROCEDURE FOR
THE CONDUCT OF ALL CITY COUNCIL AND SUCCESSOR AGENCY
MEETINGS, PROCEEDINGS, AND BUSINESS
DATE: December 21, 2022
RECOMMENDATION(S):
It is recommended that the City Council:
1. Waive Second Reading and adopt Ordinance No. 2457 Amending Chapter 2.14 of the Montebello Municipal Code Updating the Rules of Order and Procedure for the Conduct of all City Council and Successor Agency Meetings, Proceedings, and Business; and
2. Take such additional related action that may be desirable.
FISCAL IMPACT:
No direct financial impacts are foreseen as a consequence of updating the Council Rules of Order and Procedure.
BACKGROUND/DISCUSSION:
The rules establishing procedures to address the City Council and standards of decorum were approved in 1989 by adoption of Resolution No. 89-70. Subsequently, Resolution No. 06-22 was adopted to amend the rules addressing the procedures for addressing the City Council and standards of decorum, and to include additional rules such as the order
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
of business, public participation, and City Council oral reports. In 2011, the rules were amended once again to clarify City Council oral communications.
On October 27, 2021, the City Council adopted Ordinance No. 2443 and rescinded Resolution No.’s 89-70, 06-22, 11-89 and 19-124 to consolidate and update the rules of order for the conduct of all City Council and Successor Agency meetings, proceedings, and business. Ordinance No. 2443 maximized the efficiency of City Council meetings and provided general policies and rules pertaining to the operations of the City Council meetings. The most significant changes were establishing a new meeting start time, amending the dark meetings, establishing general meeting requirements, establishing procedures for the conduct of meetings and a proposed meeting length. This proposed Ordinance includes a number of suggested updates which would enhance the clarity of the rules including public comment and Council oral rules, incorporate existing practices, provide uniformity in protocol standards, and establish new protocol standards in accordance with Senate Bill 1100 (“SB 1100”).
This Ordinance will set forth the requirements for a quorum and voting for the temporary seven-member legislative body that will be in existence as a result of the 2022 municipal election until members elected from Districts 2 and 4 take their oath of office as a result of the November 2024 election.
Senate Bill 1100 (“SB 1100”) was signed into law in August of 2022 and authorizes the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting a City Council or Successor Agency meeting. “Disrupting” means engaging in behavior during a meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes but is not limited to, one of the following: (a) a failure to comply with reasonable and lawful regulations adopted by the legislative body, or (b) engaging in behavior that constitutes use of force or a true threat of force. Prior to removing an individual, the presiding officer or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal.
However, removal of an individual for engaging in behavior that constitutes use of force or a true threat of force does not require any warning from the presiding officer.
The purpose of SB 1100 is to give the legislative body clear authorization to restore order to meetings in the event of actual disruptions that are disturbing, disrupting, impeding, or rendering infeasible the orderly conduct of the meeting and, thereby, preserve the rights of other members of the public at the meeting and allow the legislative body to continue its work on behalf of the public.
In addition, as a result of further research, there are certain rules for public participation established by the Fair Political Practices Commission (FPPC) which are stricter than those set forth in the attached Ordinance. The FPPC policy is attached for your reference for the City Council to evaluate and to provide guidance on whether or not to incorporate certain provisions established by the FPPC.
On November 16, 2022, the City Council introduced and waived the first reading of
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
Ordinance No. 2457.
ENVIRONMENTAL:
There is no environmental impact.
ANALYSIS:
N/A
SUMMARY:
Staff is recommending that the City Council waive the second reading of Ordinance No. 2457 and adopt the proposed Ordinance No. 2457. Once the proposed Ordinance is adopted, Staff will continue to work towards creating a comprehensive handbook that will serve as a reference guide for current City Council and future members. Staff will also work on Rules of Order and Procedure for the conduct of all Commission and Committee meetings, proceedings, and business in the near future.
ATTACHMENT(S)
1. Attachment A - Ordinance No. 2457 Amending Rules of Order
2. Attachment B - FPPC Public Comment Rules
NEXT STEPS:
N/A
ORDINANCE NO. 2457
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MONTEBELLO, CALIFORNIA, AMENDING OF CHAPTER 2.14, OF THE
CITY OF MONTEBELLO MUNICIPAL CODE UPDATING THE RULES OF
ORDER FOR THE CONDUCT OF ALL CITY COUNCIL AND
SUCCESSOR AGENCY MEETINGS, PROCEEDINGS, BUSINESS
RECITALS
WHEREAS, the City Council has, by prior Resolutions, the last of which was Resolution No. 89-70, 06-22, and 11-89, adopted rules for the conduct of its City Council (“Council”) and Successor Agency (“Agency”) meetings.; and
WHEREAS, the City Council has, by prior Resolutions, the last of which was Resolution No. 19-124, canceled on an annual basis City Council meetings on the First week of July and the second meetings of November and December to honor future summer vacations and holiday schedules; and
WHEREAS, so that there is consistency across the conduct of all City -related business, certain such rules should apply city -wide to the Council/Agency and joint meetings.
WHEREAS, Ordinance No. 2443 was passed and approved by the City Council of the City of Montebello (“City Council”) on October 27, 2021, rescinding Resolution No.’s 89-70, 06- 22,11-89, and 19 -124 to consolidate and update the rules of order for the conduct of all City Council and Successor Agency meetings, proceedings, and business.
WHEREAS, Senate Bill 1100 (“SB 1100”) was signed into law in August of 2022 and authorizes the presiding member of the legislative body conducting a meeting or their designee to remove, or cause the removal of, an individual for disrupting a City Council or Successor Agency meeting; and
WHEREAS, the purpose of SB 1100 is to give the legislative body clear authorization to restore order to meetings in the event of actual disruptions that are disturbing, disrupting, impeding, or rendering infeasible the orderly conduct of the meeting and, thereby, preserve the rights of other members of the public at the meeting and allow the legislative body to continue its work on behalf of the public; and
WHEREAS, the City Council desires to amend the Montebello Municipal Code to update the rules of conduct for the City Council and Successor Agency meetings.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY ORDAINS AS FOLLOWS:
SECTION 1. The City Council for the City of Montebello finds and declares the foregoing true and correct, and incorporates said recitals fully into this Ordinance.
ORDINANCE NO. 2457
SECTION 2. Chapter 2.14 “City Council/Agency Meeting Rules of Order” is hereby amended to read as follows (deletions in strikethrough and additions in double underline):
Chapter 2.14 – CITY COUNCIL/AGENCY MEETING RULES OF ORDER
2.14.010 - Meetings Open to the Public.
The Council and Agency are subject to the Brown Act Open Meetings Law. (Government Code 54950 et seq). All meetings of the Council and Agency are open to the public, except for closed sessions which are authorized to be held in accordance with the applicable provisions of the Brown Act.
2.14.020 - City Council/Agency Meetings and Agenda Materials.
A. Regular Meetings. Regular meetings of the City Council and Agency shall be held at the City Hall Council Chambers at 1600 West Beverly Boulevard, Montebello, California, except as otherwise provided from time- to-time and authorized by the Brown Act. The regular meetings of the City Council and Agency shall be held on the second and fourth Wednesdays of each month. Regular meeting agendas shall be posted on the City’s website and at City Hall no later than 72 hours prior to the meeting. The City Council Closed Session will start at 5:00 p.m. The Agency Chairperson may recess the Agency meeting to take up City Council closed session items. The regular City Council/Successor Agency meeting will start immediately following the discussion of Closed Session items .
Closed Session shall not exceed 1.5 hours. Whenever the day for holding any of the meetings falls on a holiday, the meeting shall be held on the next business day unless otherwise ordered by the City Council/Agency at a prior meeting.
B. Special Meetings . Special meetings are “Special” because the presiding officer or majority of the legislative body can call them on a minimum of 24 hours’ notice, as authorized by the Brown Act. Special meetings need not be held at City Hall, as long as the alternate location is within the City. Special meeting agendas shall be posted on the City’s website and at the meeting location, if located away from City Hall in a place to which the public has unrestricted access and where the notice and agenda are not likely to be removed or obscured by other posted materials. The Council/Agency makes every effort to provide notice well in advance of 24 hours, especially when the special meeting is for the purpose of conducting a Study Session.
1. Study Sessions are meetings during which the Council /Agency receives information about Council/Agency business in an informal setting. The informal study session setting is intended to encourage in-depth discussion and detailed questioning and brainstorming by Council/Agency on issues of significant interest, including but not limited to City /Agency policy matters, budget and financial matters zoning applications, major public works projects and other related topics . The Council/Agency may discuss the material freely without following formal rules of parliamentary procedure.
Staff may be directed to bring matters back for future Council/Agency
ORDINANCE NO. 2457
consideration as no action can be taken at a study session. The Decorum rules still apply to the behavior of the Council/Agency and public.
C. Broadcasting of Meetings. All regular Council/Agency meetings shall be live streamed on the City’s website and broadcasted on the City’s Government Access Channel (Channel 3) and will be video- recorded, unless the City/Agency is unable to do so due to unforeseen technical circumstances or circumstances beyond the City’s/Agency’s control.
D. Dark Meetings. The City Council/Agency regular meetings shall go dark four (4) times throughout the year. The regular meetings that will not be held are the first and second meetings of July, and the second meetings of November and December.
E. Agenda Materials. The City Clerk office shall post the agenda materials and supplemental agenda materials on the City’s agenda website. The agenda packets are available for public inspection at the City’s website. The agenda cover sheets may also be emailed upon written request.
2.14.030 -
Order of Business.
The business of the City Council and Agency at regularly scheduled meetings shall be disposed of in the following order:
• City Council & Successor Agency - 5:00 p.m. Closed Session • Call to Order
• Roll Call
• Announcement of Closed Session Items
• Public Comments on Closed Session Items (Limited to 30 minutes) • Closed Session
• City Council & Successor Agency – Regular Session starts no later than 6:00 p.m. following Closed Session
• Closed Session Report (If there is no Closed Session, the meeting will start no later than 6:00 p.m.) Invocation
• Pledge of Allegiance
• Corrections to the Agenda
• Ceremonial Items/Presentations
• Public Comments on Non-Agenda and Agenda Items (Limited to 30 minutes and each speaker will have 3 minutes total for all items requested to speak on by each speaker. All other comments which exceed the 30 minutes will be entered into the record and distributed to the City Council.)
• Staff Communications on Items of Community Interest
• Public Hearing
• Old Business
• Regular Business
• Consent Calendar (Routine Matters)
• AB 1234 Travel Reports
ORDINANCE NO. 2457
• Council/Agency Orals
• Adjournment
2.14.040 - General Requirements.
A. Attendance. Council/Agency Members, the City Clerk, City Attorney, and City Manager, along with any other city officers and department heads that have been requested to be present, shall take their regular stations in the Council chamber prior to the sta rt of any meeting, except during recognized absences . The Council/Agency expects its members to attend regularly and notify the City Clerk , Deputy City Clerk, Assistant City Manager, or City Manager of any planned absences at least two (2) hours prior to the start of any meeting. Notification shall be made via formal written and/or email notice, or confirmed verbally.
B. Quorum. In a five-member body, three (3) members of the Council/Agency shall constitute a quorum and shall be sufficient to transact business. If less than three Council/Agency members appear at a regular meeting, the Mayor /Chairperson, Mayor Pro Tem/Vice Chairperson in the absence of the Mayor/Chairperson, any Council/Agency member in the absence of the Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson, or in the absence of all Council /Agency members, the City Clerk or Deputy City Clerk, shall adjourn the meeting to a stated day and hour.
Business of the Council/Agency may be conducted with a minimum of three members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all Resolutions and non- urgency Ordinances must receive three (3) affirmative votes for approval (see Section 62.14.040. General Requirements, H. “Voting Procedures”).
When the November 2022 election results are certified and elected officials are sworn into office, the temporary seven- member legislative body established by Section
2.08.050(G) shall require four members of the Council/Agency to constitute a quorum and that shall be sufficient to transact business. If less than four Council/Agency members appear at a regular meeting, the Mayor/Chairperson, Mayor Pro Tem/Vice Chairperson in the absence of the Mayor/Chairperson, any Council/Agency member in the absence of the Mayor/Chairperson and Mayor Pro Tem/Vice Chairperson, or in the absence of all Council/Agency members, the City Clerk or Sr. Deputy City Cler k, shall adjourn the meeting to a stated day and hour. Business of the Council/Agency may be conducted with a minimum of four members being present; however, pursuant to the California Government Code, matters requiring the expenditure of City funds and all Resolutions and non- urgency Ordinances must receive four affirmative votes for approval (see Section 62.14.040. General Requirements, H. “Voting Procedures”) or more affirmative votes if otherwise established by law, ordinance, or contract . This paragraph will sunset on the date that the members elected from Districts 2 and 4 take their oath of office as a result of the election occurring in November 2024, reverting the legislative body from
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seven members to five members , but shall not affect the required votes as otherwise established by law, ordinance or contract.
C. Teleconference Attendance of Council/Agency Members at Meetings. The Council/Agency complies with the specific requirements relating to teleconferencing provisions per the Brown Act and shall apply to Council/Agency members. “Teleconference” is defined as a “meeting of a legislative body, the members of which are in different locations, connected by electronic means, through either audio or video, or both”. Requests by Council/Agency m embers to attend a meeting via telephonic appearance are actively discouraged. In addition, at least a quorum of the Council/Agency must participate from a location within the City (Government Code Section 54953(b)(3)).
If these two threshold requiremen ts are met, the Council/Agency member who will be appearing telephonically must ensure that:
1. The meeting agenda identifies the teleconference location and is posted at that location in an area that is accessible and visible 24 hours a day for at least 72 hours prior to the meeting.
2. The teleconference location is open and fully accessible to the public, and fully accessible under the Americans with Disabilities Act, throughout the entire meeting. These requirements apply to private residences, hotel rooms, and similar facilities, all of which must remain fully open and accessible throughout the meeting, without requiring identification or registration.
3. The teleconference technology used is open and fully accessible to all members of the public to participate, including those with disabilities.
4. Members of the public who attend the meeting at the teleconference location have the same opportunity to address the Council/Agency from the remote location that they would if they were present in Council Chambers.
5. The teleconference location must not require an admission fee or any payment for attendance.
6. All votes must be by roll call.
7. If the meeting will include a closed session, the Council/Agency m ember must also ensure that there is a private location available for that portion of the meeting.
D. Approved Teleconference Guidelines for Council/Agency Members Include:
1. Three days written notice in advance of the publication of the agenda must be given by the Council/Agency member to the City Clerk’s office; the notice
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must include the address at which the teleconferenced meeting will occur, the address the Council/Agency packet should be mailed to, who is to initiate the phone call to establish the teleconference connection, and the phone number of the teleconference location. If cellular telephones are used to participate in teleconferenced meetings, Council/Agency members need to ensure the speaker phone option is functioning.
2. The Council/Agency member is responsible for posting the Council/Agency agenda in the remote location, or having the agenda posted by somebody at the location and confirming that posting has occurred. The City Clerk will assist, if necessary, by emailing, faxing or mailing the agenda to whatever address or fax number the Council/Agency member requests; however, it is the Council/Agency member’s responsibility to ensure that the agenda arrives and is pos ted. If the Council/Agency m ember will need the assistance of the City Clerk in delivery of the agenda, the fax number or address must be included in the five-day advance written notice above.
3. The Council/Agency member must ensure that the location will be publicly accessible while the meeting is in progress.
4. The Council/Agency member must state at the beginning of the meeting that the posting requirement was met at the location and that the location is publicly accessible and must describe the location.
E. Closed Sessions. Closed sessions are the only type of agenda item that the public cannot observe, however, public comment is permitted prior to the City Council recessing into closed session . State law allows closed sessions to discuss pending litigation, employment matters, real estate negotiations, and certain other matters as authorized by the Brown Act. To the greatest extent possible, the City Attorney and City Clerk shall use standardized agenda descriptions that are consistent with Government Code Section 54954.5. Closed sessions will be scheduled at the beginning of Council/Agency meetings to the extent possible and appropriate.
1. State law requires the Council/Agency to make a public report after a closed session when certain kinds of actions are taken.
2. The City Manager and City Attorney, and/ or their designees, shall attend closed sessions unless it is necessary to excuse them. Only such additional staff shall attend as are necessary and then only if the legal privileges of confidentiality obtained in an executive session are not waived.
3. No minutes of closed sessions shall be kept. The City Attorney shall record the information necessary to comply with state law.
4. No person in attendance at a closed session may disclose the substance or effect (e.g., statements, discussions, etc.) of any matter discussed during the session; all matters are strictly confidential.
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5. No person in attendance at a closed session may disclose or share any documents/materials used during the session, printed or digital materials.
Documents/materials may include, but are not limited to: reports; memos/letters; any information related to employee matters or litigations.
6. Council/Agency may be asked to return all written materials distributed during closed session.
7. Any breach of releasing confidential information by any Council/Agency member may result in revoking or suspending the member’s right to receive further confidential information or other remedies as authorized by law.
F. Ceremonial Items/Presentation: Items presented during this item are limited to: community and Council/Agency presentations, proclamations, certificates of recognition, awards, and guest introductions. “Ceremonial Items/Presentations” shall be limited to 20 minutes. All presentations and exhibits are encouraged to be submitted in advance.
Nationally Recognized Health and Heritage months will also be acknowledged during this item. The list of approved nationally recognized health and heritage mo nths are hereby attached as “Exhibit A”. The approved list is subject to change based upon approval, removal, or amendment by Resolution or Consensus of the City Council.
Proclamations are issued for matters of local, regional, or national concern and are generally issued to organizations or events residing in, or occurring within the greater Montebello City area. Proclamations are ceremonial and do not carry any legislative or legal value. The Mayor/Chairperson, without formal action of the Council/Agency, may issue proclamations (requests must be made on an annual basis) . A Proclamation/Certificate Form, attached as “Exhibit B” (Exhibit B is subject to change based upon approval, removal, or amendment by Resolution or Consensus of the City Council), must be completed and submitted to the City Clerk’s office by the Mayor/Chairperson for all Proclamation requests at least two weeks in advance. This allows the Public Affairs office to process based on eligibility requirements. Proclamations must also be formally accepted by a recipient of the non-profit organization. The primary reasons for issuance include:
1. Recognition of an organization’s event or special action.
2. Recognition of a national or state non-profit event that coincides with a local event.
3. Significant historical commemorations.
4. Recognition of extraordinary achievement for which formal language is provided.
Proclamations will not be issued for:
1. Events or organization with no direct relationship to the City of Montebello.
2. Campaigns or events contrary to city policies.
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3. The request is for commercial/for-profit purposes.
4. The request conflicts with federally recognized months, weeks or days of observance.
Certificate of Recognition (COR) are iss ued to recognize special events, significant achievements, organizations, businesses, or individuals residing and/or located within the Montebello City area. The Mayor/Chairperson, Council/Agency members, City Staff, may issue Certificates of Recognition. A Proclamation/Certificate Request Form, attached as “Exhibit B”, must be completed and submitted to the City Clerk’s office by the Mayor/Chairperson or Council/Agency member for all COR requests at least two weeks in advance. The primary reasons for issuance include:
1. Retirement – the person must have been employed with their c urrent employer for 25 years or more.
2. Birthday – the person must be at least 80 years of age.
3. Wedding, church, or pastoral anniversary – 25 years or more.
4. Significant education/life achievement.
5. Exemplary service or significant contributions by an organization, business, or individual to the City.
6. New business openings only at the request of the City of Montebello Chamber’s Office.
7. Approved Nationally Recognized Health & Heritage months.
Additional Details:
1. City Clerk staff shall distribute procla mations/certificates of recognition in between each presentation, at the end of the presentations, or can be picked up the next business day.
2. The Council/Agency will be available for pictures.
G. Preparation of Minutes. City Clerk staff shall prepare “Action Minutes” of all public meetings of the City Council/Successor Agency. Action Minutes include very little narrative, if any, only motions and votes shown in the record. Staff shall prepare Summary Minutes for Public Hearing items.
H. Voting Procedures. On the consideration of every motion, the vote shall be taken by consensus vote (“all those in favor signify by saying ‘aye’ those opposed say ‘no’, any abstentions.) or roll call or electronic device and entered in full upon the record.
A simple majority vote of those in attendance, unless a full majority of the entire body is otherwise required by law (i.e. ordinances or resolutions), is needed to pass a motion as per Rosenberg’s Rules (e.g., in a five-member body, if the vote is three in favor and two opposed, the motion passes). As per Rosenberg’s Rules or as required by law , a super majority (two-thirds majority) vote is needed when applicable.
Every non-urgency Ordinance and any Resolution or order for franchises or payments of money shall require three (3) affirmative votes. An urgency Ordinance and certain resolutions shall require four (4) affirmative votes (e.g., adding matters to the agenda ,
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Resolution of Necessity). A roll call vote shall be used in these cases with th e Mayor/Chairperson called last.
Unless a Council/Agency member audibly votes in the affirmative, disqualifies himself or herself, or expressly declines to vote, his or her silence or any abstention shall be recorded as a vote in concurrence with the majority vote of those voting on the matter before the Council/Agency.
Council/Agency members may change their votes before the next item on the agenda is called or before adjournment of the meeting in which the vote is cast. It is the responsibility of every Council /Agency member to vote unless disqualified for cause accepted by the Council/Agency or by opinion of the City Attorney. No Council/Agency m ember can be compelled to vote.
Council/Agency members should only abstain if they are not sufficiently informed about an item, e.g. when there was a prior hearing and they were unable to view the prior meeting before the current meeting.
A Council/Agency Member who disqualifies him or herself pursuant to the Political Reform Act of 1974 because of any financial interest and/or conflict of interest shall disclose the nature of the conflict and may not participate in the discussion or the vote. A Council/Agency Member may otherwise disqualify him or herself due to personal bias or the appearance of impropriety. A Council/Agency member who is disqualified by reason of a conflict of interest in any matter shall not remain in his or her seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the dais. A Council/Agency member stating such disqualification shall not be counted as part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
In the event of a tie, the motion always fails since an affirmative vote is required to pass any motion (e.g., in a five-member body, if the vote is two in favor and two opposed, with one member absent, the motion is defeated). Before a motion is made on the next item on the agenda, any member of the Council/Agency may make a motion to continue the matter to another date. Any continuance hereunder shall suspend the running or calculation of any time in which action of the Council/Agency is required by law. Nothing herein shall be construed to prevent any Counci l/Agency member from agendizing a matter that resulted in a tie vote for a subsequent meeting.
I. One-Hour Rule. Respect the “One Hour” Rule for Staff Work. Requests for staff support should be made to the City Manager, according to the protocol for channeling communications. Any request, which would require more than one hour of staff time to research a problem or prepare a response and/or will cost $1,000 or more, will need to be approved in advance by the full Council/Agency to ensure that staff resources are allocated in accordance with overall Council/Agency priorities. Once notified that a request for information or staff support would require more than one hour and/or will cost $1,000 or more, the Council/Agency m ember may request that the City Manager place the request on an upcoming Council/Agency agenda.
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J. Confidentiality. No Council/Agency member or public employee shall, except as required in the performance of his duties, or in the course of any conduct reasonably believed to be in the performance of his duties, disclose confidential information gained by reason of his official position, nor shall he otherwise use the information for his personal interest. Confidential information shall include any information/materials declared as confidential by City Attorney and/or City Staff.
K. Use of Electronic Communication Devices on the Dais. The Council’s use of personal electronic communication devices, including but not limited to cell phones, smartphones, computers/laptops, and tablets are prohibited during a City Council meeting. The use of these devices may lead to the public’s perception that a Councilmember is not paying attention to the subject matter at hand , or that a Councilmember is receiving information relative to the subject matter at hand that other Councilmembers and members of the public are not receiving, either one of which is inimical to good government and transparency. Therefore, the Council’s use of electronic communication devices (including cell phones), other than for the purpose of accessing agenda materials that are on a Councilmember’s City I-pad or lap top computer, is prohibited during Council meetings.
2.14.050 - Public Comments.
Every Regular City Council and Agency Agendas shall contain two (2) Public Comments periods, with the exception of Special Meetings which shall contain one (1) Public Comment period. on non- agenda items and agenda items in substantially the following form: Please note that the Mayor/Chairperson, in his/her discretion, and/ or in consultation with the body, may limit or extend time for public comment as he/she may find reasonable under the circumstances. In addition, Council/Agency members shall not enter into debate or discussion with speakers during a Public Comment period.
A. Regular City Council/Agency M eetings. Meetings shall contain two 30- minute Public Comment periods; one on Closed Session Items and the other on Non- Agenda Items and Agenda Items in substantially the following form:
1. Closed Session Items : p ublic comment for matters listed under Closed Session will be allowed during the “ Public Comments on Closed Session Items” section of the meeting.
a. Speakers may not cede their time to other speakers.
b. The maximum time allotted for members of the public to speak on Closed Session Items shall not exceed three (3) minutes per person. c. “Public Comments on Closed Session Items” is limited to 30-minutes total.
2. Non-Agenda and Agenda Items: p ublic comment for matters not on the agenda (non- agenda items) and matters listed on the agenda will be allowed shall be limited to matters within the subject matter jurisdiction of
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the body (at regular meetings only). Anyone wishing to address the city council/successor agency may do so during the “Public Comments on Non- Agenda Items and Agenda Items” period section of the meeting.
a. Public comment for matters non- agenda items shall be limited to matters within the subject matter jurisdiction of the body. b. Public comment on matters on the agenda will be allowed only for items of business to be discussed by the body.
c. Speakers may not cede their time to other speakers.
d. The maximum time allotted for members of the public to speak on both Non- Agenda and Agenda Items shall not exceed three (3) minutes per person.
e. “ Public Comments on Non- Agenda Items and Agenda Items” is limited to 30-minutes total.
f. A Consent Calendar item may be pulled by the Mayor/Chairperson or Council/Agency member for discussion.
B. Special City Council/Agency Meetings. Meetings shall contain one (1) 30- minute Public Comment period to address only items listed on the agenda in substantially the following form:
1. Agenda Items Only : the general public may only address the City Council/Agency on items which have been described and listed on the agenda.
a. Speakers may not cede their time to other speakers.
b. The maximum time allotted for members of the public to speak on Agenda Items shall not exceed three (3) minutes per person. c. “ Public Comments on Agenda Items Only” is limited to 30 -minutes total.
B. Agenda Items. Public comment on matters on the agenda will be allowed only for items of business to be discussed by the body. Those wishing to address the City Council/ Agency on an item listed on the agenda may do so during the “Public Comments on Non-Agenda Items and Agenda Items” period. A Consent Calendar item may be pulled by the Mayor/Chairperson or Council/Agency member.
C. Speaker Cards. Members of the public that are interested in making public comments on both Non-Agenda and Agenda Items, must complete a Speaker Card and submit it to City Clerk staff prior to the beginning of the meeting of 5:0 0 p.m. for live meetings, or in accordance with Assembly Bill 361 for video/audio meetings. Upon receipt of the card, the City Clerk shall deliver it to the presiding officer. The public will be called upon during the Council/Agency meeting – Closed Session begins at 5:0 0 p.m. and Regular Session begins no later than 6:00 p.m., following Closed Session. If there is no Closed Session, the meeting will may start at 5:00 p.m. , but no later than 6:00 p.m.
Members of the public must be present until the item for consideration is heard. Any
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requests to provide public comment which are submitted after the deadlines indicated above will not be addressed at the Council/Agency meeting, with the exception of non- agenda item comments which will be held over to the next regularly scheduled meeting.
Please note that although it is recommended, speaker cards are not required to be filled- out for Public Hearings.
D. Written Comments. Members of the public that are interested in submitting written comments may do so via electronic mail at:
[email protected]. Written comments will be provided to members of the City Council and will be entered into the record of the proceedings to the extent they relate to matters listed on the posted agenda or otherwise address matters/issues within the subject matter jurisdiction of the City Council. Persons submitting written comments are encouraged to identify the specific item(s) on the agenda their comment(s) relate to or whether they relate to non-agendized matters. Written comments may not be read aloud and will be includ ed as part of the meeting minutes , or in accordance with Assembly Bill 361 for video/audio meetings.
E. Time Limits. Each Public Comments period is limited to 30 thirty-minutes.
State Law prohibits the Council/Agency from taking action or entertaining extended discussion on a topic not listed on the agenda. In order to conduct a timely meeting, the maximum time allotted for members of the public to speak on both Non- Agenda and Agenda Item during the Public Comment period(s) shall not exceed three (3) minutes per person. The Mayor/Chairperson, in his/her discretion, and/or in consultation with the body, may reduce, limit or extend time for public comment as he/she may find reasonable under the circumstances. Speakers may not cede their time to other speakers.
2.14.060 - Procedure for the Conduct of City Council/Agency Meetings.
A. Role of Mayor/Chairperson. The Mayor/Chairperson shall be the Presiding Officer at all meetings of the Council/Agency, and be responsible for maintaining the order and decorum of meetings. It shall be the duty and responsibility of the Mayor/Chairperson to ensure that the rules of operation and decorum contained herein are observed. The Mayor/Chairperson shall maintain control o f communication between Council/Agency members and among staff and public.
B. Communication with Council/Agency M embers. Council/Agency members shall request the floor from the Mayor/Chairperson before speaking. When one member of the Council/Agency has the floor and is speaking, other Council/Agency members shall not interrupt or otherwise disturb the speaker.
C. Communication with Members of the Public Addressing the Council/Agency. The Mayor/Chairperson shall open the floor for public comment/inquiries as appropriate. Council/Agency members may question a person addressing the Council/Agency at the conclusion of the person’s comments or upon expiration of the person’s time to speak. However, the Council/Agency should not engage in discussion or take action in connection with such comments. Once the speaker is seated, the presiding officer may refer an issue or public inquiry to the City Manager or staff for a brief response,
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further review and/ or further action, if appropriate. Alternatively, the Council/Agency may request the issue be agendized for discussion at a future Council/Agency meeting.
D. Members of the Audience.
1. All comments from the audience during Public Comments must be addressed to the Council/Agency as a body. It is the duty and responsibility of the Mayor to oversee and ensure the orderly conduct of the meeting.
2. Willful Interruption: No member of the audience shall willfully interrupt the orderly conduct at the meeting. In accordance with Government Code section 54957.9, the presiding officer may order the meeting room cleared and continue in session in the event that a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible and order cannot be restored by the removal of such individuals. Only matters appearing on the agenda may be considered in such a session. The presiding officer shall direct the removal of any individual whose willful interruption or who fails to adhere to the Council meeting rules and who renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the president officer may order the meeting room cleared and continue in session. Media representatives shall be allowed to remain at the meeting except those representatives of whose willful conduct interrupted the meeting.
3. Disruptive or Threatening Behavior: Pursuant to Government Code section 54957.95, the presiding officer or their designee may remove, or cause the removal of, an individual for disrupting the meeting. The presiding officer or their designee may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes but is not limited to, one of the following: (a) a failure to comply with reasonable and lawful regulati ons adopted by the legislative body, or (b) engaging in behavior that constitutes use of force or a true threat of force. A “true threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat. Prior to removing an individual, the presiding officer or their designee shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. However, removal of an individual for engaging in behavior that constitutes use of force or a true threat of force does not require any warning from the presiding officer.
E. Rules of Procedure. In all matters not otherwise provided for herein the proceedings for the body shall be governed under “Rosenberg’s Rules of Order”, the most current edition.
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2.14.070 - Procedure for Addressing the City Council/Agency.
A. Specific Speaker Requirements . When a speaker is called, the speaker shall promptly approach the audience microphone and give his/her name in an audible tone of voice for the records . Failure to approach the audience microphone when called may preclude an opportunity to speak during that subject public comment period. A member of the public shall only address the body from the audience microphone, unless authorized by the Mayor/Chairperson to speak from another location. Members of the public shall direct all comments to the Mayor/Chairperson and the Council/Agency as a whole, and not to staff, individual members of the body, or the public. No questions shall be asked a Council or Agency or staff member except through the presiding officer.
Speakers will be permitted to complete their comments without interrupti on and no speaker may yield their allotted time to other speakers. No person shall be permitted to interrupt members of the body, staff presentations; or members of the public who are at the microphone during a meeting. Courtesy must be shown to others at all times.
The public does not need to be given an opportunity to speak on an item that has already been considered by a legislative body at a public meeting, if all interested members of the public had the opportunity to speak on the item before or duri ng its consideration, and if the item has not been substantially changed.
There shall be only one (1) opportunity for each individual for public comment on the entire consent calendar. There shall be only one (1) opportunity for each individual for public comment on multiple items of business on the agenda. There shall be only one (1) opportunity for public comment on items that are taken up for consideration together. This excludes Public Hearings.
Any person making personal, impertinent or slanderous remarks about members of the body, staff, or the public, or who shall become boisterous or threatening or personally abusive of the body, staff or members of the public shall be asked by the Mayor/Chairperson to cease and desist such activity, and may be requested or required to leave the meeting in the event the behavior continues to disrupt the meeting proceedings (see Section 112.14.090. Standards of Decorum).
B. Spokesperson for a Group. In order to expedite Council/Agency business and to avoid repetitious presentations, whenever an organization or group of persons wishes to address the Council or Agency on the same subject matter, it shall be proper for the presiding officer to inquire whether the organization or group has a spokesperson.
If so, spokespersons are subject to the same limits as other speakers.
C. Technology. Use of technology in the meeting room (such as Power Points and overhead displays) is restricted to staff, City consultants, applicants for a quasi - judicial approval, and appellant’s quasi-judicial approval.
D. Recording. Any person may record a meeting unless the body finds that the recording cannot continue without noise, illumination, or obstruction of view that constitutes, or would constitute, a persistent disruption of the proceedings.
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E. Public Hearings. Speakers wishing to address the Council/Agency on public hearing items shall not be required to fill -out a speaker card in order to be called on to speak. Speakers addressing the Council/Agency on a public hearing item shall be heard after the public hearing is opened by the presiding officer, following the Staff report presentation.
1. Call for Ex Parte C ontacts. The presiding officer shall inquire whether any member of the Council/Agency has had ex parte contacts with regard to the proceeding at the commencement of any quasi -judicial land use proceeding. Any member of the Council/Agency announcing an ex parte contact shall state for the record the nature and content of the contact. If such contact impairs the member’s impartiality, the member shall state this fact and abstain from participation in the matter.
2. Call for Abstentions. The presiding officer shall inquire whether any member of the Council/Agency must abstain from participating in the hearing due to a conflict of interest. Any member of the Council/Agency announcing a conflict of interest shall state the nature of the conflict, and shall not participate in the proceeding, unless the person’s vote is necessary to meet a requirement of a minimum number of votes necessary to take official action; provided, however, that the member shall not participate in any discussion or debate on the issue of which the conflict arises.
3. Time Limits. Speakers at hearings on legislative or administrative matters, other than legislative land use matters, will be limited to three (3) minutes.
Speakers at a hearing on a quasi-judicial matter, other than a quasi-judicial land use matter, shall be subject to the following time limits:
a. Staff Presentation (15 minutes maximum)
b. Applicant or affected party (7 minutes maximum)
c. Those in support of Appellant’s position (3 minutes per person, not to exceed 30 minutes
d. Those in opposition to Appellant’s position or other interested persons (3 minutes per person, not to exceed 30 minutes) e. Questions of Council/Agency members (No time limit)
f. Rebuttal by applicant or affected party. The scope of rebuttal i s limited to matters which were introduced during the hearing ( 5 minutes maximum)
g. The presiding officer may extend the maximum time allotted to any speaker with the concurrence of a majority of the Council/Agency.
Extensions of time shall be granted in one (1) minute increments.
4. Limitations. The presiding officer may exclude or limit cumulative, repetitious, or immaterial matter. The presiding officer may order the testimony, alternating those speaking in favor and those in opposition, or
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have all speaking in favor testify, followed by all those in opposition. The presiding officer, with the approval of the Council/Agency, may further limit the time and/or number of speakers at any public hearing; provided that the presiding officer shall announce any such restrictions prior to the commencement of the testimony.
5. Deliberations. At the end of public testimony and questions , the Council/Agency shall initiate deliberations by introducing a motion on the matter; continue the hearing; or keep the record open for additional written testimony. During deliberations, each member of the Council/Agency shall have the opportunity to comment on or discuss testimony given during the public hearing.
6. Public Documents. Documents submitted to the City as evidence or written testimony during a public hearing are public records. If such a document contains the name, address, including email address, and telephone number of the person, then it will be included in the record of the proceeding.
Because the name, address, including email address, and telephone number are part of a public record, this information will be generally disseminated to the public, and must be disclosed if a public records request is submitted for the documents.
2.14.080 Council/Agency Orals and Action Items.
A. The purpose of Council/Agency Orals is to allow Council/Agency to make general comments as a reference to staff on factual matters of community concern ; and provide updates or make brief announcements in a manner consistent with Government Code Section 54952.2.
B. All City Council/Agency requests for oral communications to be placed on an agenda shall be expressed in complete sentences and shall provide sufficient information to be in compliance with the Brown Act. All oral communications shall provide a brief, general description of each item of business to be transacted or discussed at the meeting and need not exceed 20 words.
C. Each Council/Agency Orals will generally be limited to a total of 10 minutes in length. Each Council/Agency member will be limited to a total of five (5) minutes in length to discuss all Council/Agency orals listed on the agenda, including requests for Council/Agency action items. The following guidelines apply to “Section 10.
Council/Agency Orals and Action Items”:
1. No action may be taken on Council/Agency Oral items without being placed on a subsequent agenda.
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2. Requests for Council/Agency action items shall be introduced and explained by the Council/Agency member that placed the item on the Agenda.
3. Any action item requests and/or major policy issues to be considered on a subsequent agenda must have a Simple Majority roll call vote of the Council/Agency.
4. Any request for Council/Agency action items shall be referred back to staff to address program concepts, staffing needs, fiscal impact and implementation timelines. The City Manager shall identify a reasonable timeline to have the item return to the City Council for full consideration.
5. C ommission/Committee appointment recommendations shall also be made during Council/Agency Orals. Considering background check approval, all appointments will be made at a future meeting as a Consent Calendar action item.
D. Commission/Committee appointment recommendations shall also be made during Council/Agency Orals. Considering background check approval, all appointments will be made at a future meeting as a Consent Calendar action item.
E. No action may be taken on Council/Agency Oral items without being placed on a subsequent agenda. Any requests to be considered and/or major policy issues to be approved must have a Simple Majority roll call vote of the Council/Agency. To the extent possible, Council/Agency will confer with staff before raising matters under this agenda item. Any request for a Council action item shall be referred back to staff to address program concepts, staffing needs, fiscal impact and implementation timelines. The Cit y Manager shall identify a reasonable timeline to have the item return to the City Council for full consideration.
F. Requests for Council/Agency action items shall be introduced and explained by the Council/Agency member that placed the item on the Agenda.
Council/Agency members should endeavor to complete their presentations in three (3) minutes or less. Council/Agency members may request additional time to complete their presentations from the presiding officer. Such requests for additional time shall not be unreasonably denied. After the introduction and presentation of the item, each Council/Agency member shall be provided an opportunity to ask questions and comment on the request.
D.G. An item may be placed on a future agenda of the City Council/Agency by any of the following methods:
1. By the Mayor/Chairperson, City Manager, City Attorney, or City Clerk.
2. By a Simple Majority roll call vote of the Council/Agency (see Section
2.14.040. General Requirements, H. “Voting Procedures “Section 6.H . “Voting Procedures”)
ORDINANCE NO. 2457
All agenda items shall be placed on the agenda, and all agendas shall be prepared pursuant to the requirement of the Ralph M. Brown Act (California Government Code Section 54950 et seq.).
2.14.090 Standards of Decorum.
A. The Mayor /Chairperson shall be the presiding officer at Council/Agency meetings. The Chairperson shall be the presiding officer at Agency meetings. In the absence of the Mayor/Chairperson, the Mayor Pro Tem/ Vice Chairperson shall be presiding officer.
B. The presiding officer shall have the right to terminate any oral communication where such is not within the subject matter jurisdiction of the Council/Agency or is redundant or repetitious. Debates between Council /Agency members and the public should be discouraged.
C. Speakers shall not engage in willful conduct which interrupts the meeting or interferes with the orderly conduct of the meeting. Any person who becomes boisterous while addressing the Council/Agency or who otherwise disrupts the orderly conduct of the Council’s/Agency’s business shall be subject to removal from the Chambers after being admonished by the presiding officer.
D. Signs, placards, banners, horns, noise- making devices , or other similar items shall not be permitted in the audience during a Public Meeting if the presence of such item disturbs, disrupts or otherwise impedes the orderly conduct of the meeting. All persons attending a public meeting shall remain seated in the s eats provided, unless addressing the body at the podium or entering or leaving the meeting. No member of the audience shall willfully interrupt the orderly conduct at the meeting. The presiding officer shall direct the removal of any individual whose willf ul interruption renders infeasible the orderly conduct of the meeting. In the event the removal of the individual or individuals willfully interrupting the meeting does not restore order, the presiding officer may order the meeting room cleared and continue in session.
E. The Chief of P olice, or such other member or members of the police department or police reserve as may be designated, shall be sergeant -at-arms of the Council/Agency meetings. The sergeant-at-arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at Council/Agency meetings. Upon instructions of the presiding officer, it shall be the duty of the sergeant -at-arms to remove and/or place any person who violates the order a nd decorum of the meeting under arrest, if necessary.
2.14.100 Council/Agency Meeting Length.
A. It is the intent of the Council/Agency that no item will be introduced or addressed on a Council/Agency agenda after the hour of 11:00 p.m. Furthermore, it is the Council’s/Agency’s intent that if the item introduced and being discussed by 11:00 p.m. is not concluded by 12:00 a.m., the Council/Agency should adjourn the meeting to another date. The intent and purpose of this policy is to encourage a reasonable hour in which
ORDINANCE NO. 2457
the Council/Agency business is discussed and to protect against fatigue in discussing and deciding important City issues.
2.14.110 Council/Agency and City Staff Conduct.
Governance of a City relies on the cooperative efforts of elected officials, who set policy, and City Staff, which analyze problems and issues, make recommendations, and implement and administer the Council’s/Agency’s policies. Therefore, every effort should be made by members of the City Council to be cooperative and show mutual respect for the contributions made by each individual for the good of the community.
A. It is important for the Staff to demonstrate respect for the Council/Agency , and vice versa, at all times. All Council/Agency members should be treated equally.
B. Council/Agency and Staff should treat one another as professionals. Clear, honest communication that respects the abilities, experience, and dignity of each individual is expected. Practice civility and decorum in all interactions with Council/Agency and City staff.
C. Never Members of the City Council should avoid publicly criticize criticizing an individual employee, including Council/Agency appointed officers. All critical comments about staff performance should only be made to the City Manager through the proper chain of command preferably by private correspondence or conversation. Without limiting any First Amendment, free speech rights, any City Council conduct which circumvents the employees’ privacy rights goals and objectives set forth in this Ordinance may result in the offending Councilmember being subject to criticism, public reprimand or censure by other members of the City Council.
D. C ouncil/Agency members shall deal with the administrative service solely through the City Manager, and neither the Council/Agency nor any member thereof shall give orders to any of the subordinates of the Cit y Manager, either publicly or privately .
Council/Agency members shall recognize and follow the appropriate chain of command for the entire City organization and each City Department.
E. Request for information by any Council/Agency member shall be provided to all members of the Council/Agency.
SECTION 14. Effective Date. T his Ordinance shall become effective thirty (30) days after approval by the Council.
SECTION 15. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to be published or posted according to law.
ORDINANCE NO. 2457
APPROVED AND ADOPTED this 14th day of December 2022.
_______________________________
Kimberly A. Cobos-Cawthorne, Mayor
ATTEST:
________________________
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
__________________________
Arnold M. Alvarez-Glasman, City Attorney
I HEREBY CERTIFY that the foregoing Ordinance was introduced at the regular meeting of the City Council on the 16
th day of November 2022 and was adopted by the City Council of the City of Montebello at its meeting held on the 14 th day of December 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________
Christopher Jimenez, City Clerk
Exhibits:
• Exhibit A – Nationally Recognized Health and Heritage Months • Exhibit B – Proclamation/Certificate Request Form
Revised Per Council Consensus 6/8/2022
EXHIBIT A
NATIONALLY RECOGNIZED HEALTH AND HERITAGE MONTHS
January is:
• Human Trafficking Awareness Month
February is:
• Black History Month
• American Heart Month
March is:
• COVID-19 Memorial (March 13th)
• Women’s History Month
April Is:
• National Child Abuse Prevention
• National Volunteer Month (Ties into City programming) • Autism Awareness Month
• Armenian History Month
• National Donate Life Month
May Is:
• Asian Pacific Heritage Month
• National Pet Month
• Mental Health Month
• Motorcycle Safety Awareness Month
• National Military Appreciation Month
June Is:
• Lesbian/Gay/Bisexual/Transgender/Queer (LGBTQ) Pride Month • Juneteenth – Freedom Day
• Post-Traumatic Stress Disorder (PTSD) Awareness Month • National Scleroderma Awareness Month
• National Gun Violence Awareness Day
July Is:
• July is Parks and Recreation Month
• Juvenile Arthritis Awareness Month
August Is:
• National Wellness Month
September Is:
• National Hispanic Heritage Month (Sept 15- Oct 15)
• National Preparedness Month
Revised Per Council Consensus 6/8/2022
October Is:
• Breast Cancer Awareness Month
• Bullying Prevention Month
• Domestic Violence Awareness Month
• Down Syndrome Awareness Month
November Is:
• November – Events to raise awareness for men’s health issues (like prostate cancer and depression)
• Alzheimer Disease Awareness Month
December Is:
• Human Rights Month
THE FOLLOWING RECOGNIZED HEALTH AND HERITAGE MONTHS ARE SUBJECT
TO CHANGE BASED UPON APPROVAL, REMOVAL OR AMENDMENT BY
RESOLUTION OR CONSENSUS OF THE CITY COUNCIL.
EXHIBIT B
In Accordance with Ordinance No. 2443
City of Montebello
Proclamation/ Certificate Request Form
Proclamations/ Certificates are provided by the Mayor and City Council with the goal of honoring and celebrating events of increasing awareness of noteworthy issues among citizens across Montebello. These public service documents are strictly honorary and are not legally binding. Proclamation/ Certificate requests are reviewed on a case-by-case basis. The City reserves the right to decline any request as well as the right to make exceptions to the guidelines. To submit an application for a proclamation, please review the guidelines below and submit a completed Proclamation/ Certificate Request Form to the City Clerk’s Office at least two (2) weeks in advance.
Proclamations
Recognition of an organization’s event or special action. Recognition of a national or state non-profit event that coincides with a local event. Significant historical commemorations.
Recognition of extraordinary achievement for which formal language is provided.
Proclamations will not be issued for:
Proclamations are not automatically renewed. Requests must be made on an annual basis.
Proclamations for campaigns or events contrary to City policies will not be issued. Events or organization with no direct relationship to the City of Montebello. The request is for commercial/for-profit purposes.
The request conflicts with federally recognized months, weeks or days of observance.
Certificates of Recognition
Retirement – the person must have been employed with their current employer 25 years or more.
Birthday – the person must be at least 80 years of age. Wedding, church, or pastoral anniversary – 25 years or more. Significant education/ life achievements.
Exemplary service or significant contributions by an organization , business, or individuals to the City.
New business openings only at the request of the City of Montebello Chamber’s Office.
Approved Nationally Recognized Health & Heritage months.
Examples:
Recognition Type Proclamation Certificate of
Recognition
Athletic/ Academic Accomplishments
(Must be Montebello Resident)
X
Acts of Heroism
(Must be Montebello Resident)
X
In Memory of an Individual X
Regional Events
(Local, State, or National)
X
Guests from Other
(Countries or States)
X
Recognition of Corporate Support
(Local)
X
Extrodinary or significant contribution to City by
individual or group
X
Recognition of Anniversaries of Business and
Churches
X
National Health and Heritage Months X
In Accordance with Ordinance No. 2443
City of Montebello
Proclamation/ Certificate Request Form
CONTACT PERSON INFORMATION
Name of Contact Person
Street Address
City State Zip
Phone Number Cell Phone
Email
PROCLAMATION/ CERTIFICATE INFORMATION
Which one are you requesting? Proclamation Certificate
Name of Individual Group
or Organization
Name or Title of Event
Proclamation Date Choose One: Day Week Month
To be presented at the following event/ council meeting? How will you get the Proclamation/ Certificate?
Will pick up at City Clerk’s Office. Please mail to above address.
What do you want your Proclamation/ Certificate to say? A proclamation must have enough information to make four points.
ITEM # 3
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:
Nick Razo, Director of Human Resources
SUBJECT: APPROVE PROFESSIONAL SERVICES AGREEMENT, NO. 4062, WITH ADVOCATE, INC. DBA NAVA PARTNERS INSURANCE SOLUTIONS,
FOR THE EMPLOYEE BENEFITS INSURANCE BROKER SERVICES
REQUEST FOR PROPOSAL, NO. 23-3
DATE: December 21, 2022
RECOMMENDATION(S):
It is recommended that the City Council:
1. Approve a Professional Services Agreement, No. 4062 with Advocate, Inc. dba Nava Partners Insurance Solutions to provide Employee Benefits Insurance Broker Services, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for an initial total not-to-exceed amount of One Hundred and Fifty Thousand Dollars ($150,000) for the three-year term; and
2. Authorize the City Manager and/or his designee to take actions necessary to execute and finalize an agreement on behalf of the City of Montebello (City); and
3. Take such additional, related, action that may be desirable.
FISCAL IMPACT:
On October 13, 2022, the City published RFP No. 23-3 (see Attachment B) to solicit proposals from highly qualified insurance brokerage firms to provide employee benefits broker and consulting services. On December 6, 2022, Nava Solutions submitted their best and final value contract pricing (see Attachment A) over the initial three-year term. Depending on the scope of services provided over the initial three-year term, the
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
total cost would be between $150,000 and $470,000.
What is being proposed for approval is a scope of services over the three-year term for a not-to-exceed amount of $150,000. Should the scope of services change in year two, Staff will return to the City Council for approval of a contract amendment, per the pricing proposal provided by Nava (Attachment A). Funding for this service will be allocated from Human Resources’ Fiscal Year 2022-23 adopted operating budget: Human Resources, Outside Contracts, Account No. 100-25-250-6040.10. Sufficient funds are appropriated in this account, as the City currently pays for similar services provided by a different vendor. Therefore, a budget amendment is not needed. Subsequent budgets (FY 2023-24, etc.) will include the appropriate amount of funding for the scope of services provided.
BACKGROUND/DISCUSSION:
On October 13, 2022, the City published RFP No. 23-3 (see Attachment B) to solicit proposals from qualified insurance brokerage firms to provide employee benefits broker and consulting services. The selected broker will perform a full range of benefit program services related to the acquisition, implementation, maintenance, communication, and improvement of the City's employee insurance benefits – to active employees and retirees. Prospective brokers were provided the opportunity to submit questions and concerns, and corresponding answers were published using the City’s advertising platform, PlanetBids.com. In addition, it was the brokers’ responsibility to review and acknowledge all publicly announced addendums and then craft a scope of service in accordance with such changes. Furthermore, brokers were asked to thoroughly review the requirements and submit a complete proposal package including a cover sheet, resume, cost proposal, and references.
Proposals were due on Thursday, November 17, 2022. The City received seven (7) proposals from the following vendors: Alliant Insurance Services, Inc., Burnham Benefits Insurance Services, LLC, US Chimienti & Associates dba Chimienti & Associates Insurance Services, Keenan & Associates, Nava Solutions, Newfront, and USI Insurance Services, LLC.
A preliminary review of the seven (7) proposals was conducted and it was determined that those submitted by Chimienti & Associates Insurance Services and Newfront, were incomplete or lacked the necessary detail to provide the requested services. The two (2) proposals were rejected in accordance with RFP No. 23-3, Section 2 – General Terms and Conditions, which states that the City reserves the right to reject any or all proposals for no reason or any reason including, but not limited to, the proposal being incomplete, non-responsive, obscure, irregular, or lacking necessary detail and specificity. The remaining five (5) proposals were reviewed and scored by the Evaluation Committee.
ENVIRONMENTAL:
N/A
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
ANALYSIS:
On December 1, 2022, an Evaluation Committee comprised of three (3) internal raters (Human Resources staff) evaluated the five (5) complete and responsive proposals.
Each rater independently reviewed and evaluated each proposal in accordance with the selection process outlined in RFP No. 23-3. Each proposal was rated using the following criteria:
The Evaluation Committee’s total score for each proposal was determined as follows:
Nava Solutions was selected over the competitors 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, Nava Solutions presented a qualified team with extensive insurance brokerage experience and expertise most advantageous to the City.
Nava Solutions’ management plan demonstrated a thorough understanding of the City’s needs by offering a 48-point service plan. This plan will be implemented through a crawl- walk-run strategy. Phase 1 (crawl) will entail an in-depth assessment of the City’s current benefits and costs, including all ancillary plans. Phase 2 (walk) includes issuing RFP’s for all lines of coverage and implementing Nava Solutions support systems/care navigation tools. Lastly, Phase 3 (run) includes Nava Solutions modeling alternative funding arrangement types such as level-funded or self-funded.
The Evaluation Committee reviewed and assessed their proposal as being most responsive. Nava Solutions provided the required documents and exhibits as stated in the RFP No. 23-3 guidelines. Additionally, the Broker outlined a clear and detailed work plan for how each task and deliverable requested in RFP No. 23-3 will be accomplished.
Acknowledging these facts, it was determined that Nava Solutions provided the most comprehensive proposal and demonstrated the credibility required to perform the scope
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY AGENDA REPORT - MEETING OF DECEMBER 21, 2022
of service requested in RFP No. 23-3.
SUMMARY:
Staff recommends that the City Council approve Agreement No. 4062 (attached hereto in substantial form as Attachment D) with Advocate, Inc. dba Nava Partners Insurance Solutions, for a three-year (3-year) term with the option for renewal of up to two (2) additional one-year (1-year) terms, for a total not-to-exceed amount of One Hundred and Fifty Thousand Dollars ($150,000) for the initial three-year term, for the Employee Benefits Insurance Broker Services; 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. As noted above in the Fiscal Impact statement, should Nava's analysis recommend changes to the City's health plan offerings in subsequent years of the initial three-year term, Staff will return to the City Council to amend the agreement.
ATTACHMENT(S)
1. Attachment A - Price Sheet
2. Attachment B - Request for Proposal No. 23-3
3. Attachment C - Proposal: Nava Benefits
4. Attachment D - Draft Agreement No. 4062
NEXT STEPS:
N/A
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 *
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 23-3
EMPLOYEE BENEFITS INSURANCE BROKER SERVICES
October 13th, 2022
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://www.planetbids.com
RFP No. 23-3
2 City of Montebello
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16 Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
Licensing, Permits, and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - QUALIFICATIONS 17
SECTION 4 - SCOPE OF WORK 18-19
SECTION 5 - FORM OF CONTRACT (SAMPLE) 20- 30
RFP No. 23-3
3 City of Montebello
SECTION 6 - FORMS AND CERTIFICATIONS 31-40 Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Bidder’s List of Subcontractor (DBE and Non- DBE)
RFP No. 23-3
4 City of Montebello
INTRODUCTION
The City of Montebello (City) is soliciting proposals from highly qualified insurance brokerage firms (Broker) to provide employee benefits broker and consulting services.
The City currently has approximately 400 active employees and 200 retiree s enrolled in group benefit plans.
The City is particularly interested in a Broker that can provide creative and innovative approaches, with a proven track record, that enable the City to maintain quality programs and contain or reduce costs. The selected Broker will perform a full range of benefit program services related to the acquisition, implementation, maintenance, communication, and improvement of the City's employee insurance benefits.
The selected Broker shall provide services including, but not limited to:
Partnering with the City to design and develop a short and long-range benefits strategy plan. Provide subject matter expertise and support to current programs including dental and vision insurance plans, short and long-term disability, and Employee Assistance Program (EAP) benefits. Research and present considerations for other programs, such as voluntary/ancillary benefits. Review employee cost sharing annually and recommend changes based on strategies that drive value and maintain a competitive position.
Review and report claims activity and provide recommendations for managing costs. Negotiate annual renewals with all insurance vendors. As needed, prepare bid specifications and solicit proposals from insurance markets that specialize in group insurance plans. Evaluate bids and bidders, including administration, claim payment procedures, customer service, network, reserve establishment policies, financial soundness, and identify the most cost-beneficial package from among the various bidders. Review all plan contracts and summary plan descriptions. Assist with creating customized enrollment guides, plan summaries, and materials for open enrollment, new hires, and recruiting.
Assist with developing benefits presentations and announcements , and conducting open enrollment meetings.
RFP No. 23-3
5 City of Montebello
DATE: October 13, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL NO. 23-3
TITLE: CITY OF MONTEBELLO
BENEFIT INSURANCE BROKER SERVICES
The City of Montebello (City) is soliciting proposals from highly qualified insurance brokerage firm s (Broker) to provide employee benefits broker and consulting services.
All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be with the following person [or his designated representative if applicable] only.
Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will receive a response in accordance with the guidelines contained herein. Responses will be provided in writing to all prospective proposers and posted on the City’s website. Responses to questions or comments regarding Request For Proposal, No. 23-3 (RFP No. 23-3), 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, November 1 7, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in RFP No. 23 -3. No exceptions will be granted regardless of reason or circumstances.
All proposals must contain an original signature by an authorized officer of the company.
The successful proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective proposers that the City will require that each proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and subcontracts financed in part or whole under RFP No. 23- 3, 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.
RFP No. 23-3
6 City of Montebello
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 in accordance with Title VI of the Civil Rights Act of 1964, as amended ("Title VI").
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with the City. For more information on City’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: Nicholas Razo
Title: Director of Human Resources
Address: 1600 W. Beverly Blvd
Montebello, CA 90640
Telephone: (323) 887-1200
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 October 13, 2022
Deadline to Submit Questions Thursday October 27, 2022 at 3:00 PM PST Responses to Questions Provided Tuesday November 1, 2022 Deadline to Submit Proposals Thursday November 17, 2022 at 3:00 PM PST Presentations & Intent to Award Week of December 11, 2022
RFP No. 23-3
7 City of Montebello
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
2 Letter of Transmittal Page # 31
3 Licensing, Permits, Certificates, and Taxes Page # 11 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit E
OPTIONAL ITEMS
9 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
The email address of Company Contact:
Signature:
Title:
Date:
RFP No. 23-3
8 City of Montebello
SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal (accessed through the official City website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html) up to the hour of 3:00 p.m. on Thursday, November 17, 2022.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK
Proposals shall be typed, single-spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the proposers references have been checked. All proposals shall be accompanied by a completed and signed Letter of T ransmittal provided as a part of this Request for Proposal (RFP).
All requests for exceptions or deviations as a result of this RFP shall be identifiable by a separate section of the proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a proposal will render the proposal non-conforming and non -responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. A proposer submitting a basic conforming proposal may choose to submit alternate proposals as complete and separate offers if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, the p roposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under RFP No. 23 -3, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is
RFP No. 23-3
9 City of Montebello
capable of providing the equipment, goods, and services necessary to perform the Scope of Work and/or meet the specifications outlined in RFP No. 23-3, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the proposers’ own risk. A proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a proposer to have read all of the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a proposer to withdraw its proposal or to seek additional compensation.
SECTION 2 – GENERAL TERMS AND CONDITIONS
ADDENDA
Any changes made by the City to the requirements in RFP No. 23-3 will be made by written addenda. Any written addenda issued to this RFP s hall 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 outlined 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 discreti on, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. The aforesaid addendum shall be posted on the www.PlanetBids.com web page.
All questions, clarifications , or comments must be submitted to or no later than 3:00 pm, Thursday, October 27, 2022 . No questions will be answered individually by the City or the Human Resources Department.
Requests for clarification, questions, and comments must be posted on the PlanetBids.com 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 b e communicated via PlanetBids.com. Every attempt will be made to respond to all proposers in accordance with the procurement schedule for RFP No. 23-3. Inquiries received after the deadline will not be accepted and will be returned to the sender without a response.
Requests for clarifications and questions should be formatted in the following manner:
1. Section
2. Paragraph number
3. Page number
4. Text of passage being questioned
5. Question
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10 City of Montebello
DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Brokers must satisfy themselves by personal examination of any worksite, drawings, Scopes of Work, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No proposing Broker shall at any time after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Broker and clarified before the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City before the scheduled deadline for proposal submission or within six months following the scheduled deadline for proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.
At the discretion of the Evaluation Committee, the City may elect to perform site vi sits at the proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members 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 proposal it shall be signed and the full name and address of the proposer shall be given.
If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. A certified letter is to be included in the proposal accompanied by 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
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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
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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
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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.
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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]
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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.
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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).
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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.
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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
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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
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· 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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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:
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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: ________________________________ ________
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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:
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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]
Request for Proposal:Employee Benefits Insurance Broker Services Prepared for:
203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
November 17, 2022
Dear City of Montebello Team:
Thank you for giving Nava Benefits the opportunity to submit our response to your Requestfor Proposal to provide employee benefits insurance broker services.
Nava is on a mission to bring high quality and affordable healthcare to all Americans. Ourapproach is simple: we bring together the best benefits talent in the industry and empowerthem with cutting edge technology and benefits innovation to deliver outcomes that align toour mission. We are excited about the opportunity to partner with your team and arecommitted to going beyond the core services you have come to expect from a traditionalbenefits broker to deliver an experience for your HR team and your employees that is unlikeany other brokerage.
I believe that an ideal partner to City of Montebello will demonstrate the ability to functionas a true extension of your HR team 365 days a year, be financially aligned and accountableto deliver on their promises, and deploy innovative benefits programs and technology thathave a measurable impact on your employees benefits experience, retention, and yourbottom line.
In this RFP response we aim to demonstrate why we are in the best position to positivelyimpact your organization through our key differentiators including:
● Nava functions as an extension of your HR team by taking ownership of all benefitsadministration and ensuring employees have an exceptional experience. Unliketraditional brokerages, we offer year-round support with a detailed 48-point serviceplan, and the fastest response times in the industry.● We deliver a Fortune 500-level benefits experience by utilizing cutting-edgetechnology which both enhances the employee experience and reduces plan cost.● Nava is breaking ground on a new era of radical transparency in the benefitsbrokerage space by offering clients full insight into our broker pay model, as well asthe industry’s first (and only) money back guarantee.
We appreciate you allowing us this opportunity to earn your trust! Sincerely,Kayly HillDirector of Strategic AccountsKayly@navabenefits.com203-738-9814 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
PROPOSAL SUBMISSION CHECKLIST
This checklist must be completed and returned with the proposal. Failure to return this checklist may because for considering the proposal non-responsive.
Description Section/Page
Proposer shallinitial here1 Proposal Page # 8
KH2 Letter of Transmittal Page # 31
KH3 Licensing, Permits, Certificates, and Taxes Page # 11 KH4 Indemnification and Hold Harmless Agreement and Waiver ofSubrogation and Contribution Exhibit A
KH
5 References Exhibit B
KH6 Insurance Exhibit C KH7 Cost Proposal Sheet Exhibit D KH8 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit E N/AOPTIONAL ITEMS9 Requests for exceptions or deviations. Page # 8 N/A
Company Name:
Nava BenefitsName of Proposer initialing document (print):
Kayly HillThe email address of Company Contact:
[email protected]:Title:
Director of Strategic AccountsDate:
November 17, 2022
TABLE OF CONTENTSI. Company OverviewII. Proposed Project TeamIII. Project Management PlanIV. Tools and TechnologyV. Client SupportVI. Open Enrollment and CommunicationVII. Compensation and Pricing PhilosophyVIII. Qualifications and ExperienceIX. Appendix 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary 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 asa licensed brokerage. We are co-founded by Thrive Capital, a leading venture capital firmwith $8Bunder management and deep expertise in thehealthcare space. We havecapitalized the business with $40 million in funding to date, bringing together like-mindedinvestors and partners to accelerate our ability to fulfill our missionof delivering high quality,affordable healthcare to all Americans. Nava has broughttogether cross-functional expertsacross 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, startingwith the 49% who receive healthcare through their employer-sponsored benefits. We feelthat the lack of innovation in the traditional brokerage space is hindering health outcomesfor millions of families and believe that building a better benefits brokerage is a crucial steptowards building a better healthcare marketplace. Nava is a benefits brokerage designed todo that.
With a diligent commitment to transparency, we have aligned our financial incentives withemployers and their employees and are slashing the hidden mark-ups and carriercommissions that are all too common among other brokerages. To ensure that your benefitsremain competitive both in cost and quality, we have partnered with the nation’s leadingbenefits and HR professionals that make upNava’sBenefits Advisory Boardto bring theirplaybook to the masses. Our team believes in the value of tech-enabled human support forour clients to save you both time and money. We have a dedicated support team with deepindustry knowledge and are building technology that shifts power from industry goliaths intothe hands of consumers.
PROPOSED PROJECT TEAM
The following team of individuals will be dedicated to supporting the City of Montebello teamand its employees:
Kayly Hill, Director of Strategic Accounts - Relationship Manager & StrategicPartner Formerly USI’s Assistant Vice President, Kayly’s 20-year career hasprovided deep industry knowledge to serve employers of all sizes andindustries. In her prior roles, she spent time at Cigna in the NationalAccounts Underwriting division, as well as with Aon and Gallagherconsulting with large employer clients. During her time at Aon, shefocused specifically on servicing municipality clients (Cities, Towns andBoard of Education) and understands the complexities that collective 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
bargaining agreements may have on employee benefits.Kayly brings creative solutions to her clients that save them money while improving the livesof their employees. She joined Nava to revolutionize traditional brokerage services for smalland mid-size companies by driving meaningful change through a transparent feedback loopand 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 experienceranges from a tech startup in Chicago that created a virtual employeebenefits counselor, to the largest privately held brokerage in OrangeCounty. Nick brings a creative and technological background to thetraditional 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. Mickybegan her career as a Wellness Consultant at Marsh and McLennanAgency and migrated to the service side to become a Benefits Analyst.Here at Nava, Micky brings a personalized touch to her accounts bymaking sure she builds strong relationships with both the clients shesupports and their employees. She aims to assure that the clientexperience is nothing short of stellar.
Bryan Davis, National Practice Leader - Benefits Consulting Lead Nava’s National Practice Leader with over 20 years of industryexperience. Bryan formerly held Consulting and Leadership positionswith Aon, Mercer, and Optum. Prior to joining Nava, Bryan was the MarketLeader for Lockton in Northern California and Oregon. Bryan hasexperience and expertise in creating value for clients through creativestrategies and innovative design. His role at Nava is to provide thoughtleadership to our clients and drive innovation to ensure an exceptionalclient experience. 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
John Capecelatro, VP of Operations - Vendor Evaluation, Operational Support Nava’s Vice President of Operations with nearly a decade of industryexperience. John formerly worked for PillPack, which was acquired byAmazon. PillPack now functions as Amazon Pharmacy. His role at Nava issimilar to his role at PillPack, which is to develop and distill data for thebenefit of the client. He continually pairs with Nava’s productdevelopment 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 weheard and developed a phased-in strategic approach to accomplish City of Montebello’sbenefits program goals:
City of Montebello is currently fully insured and offers medical insurance through theCalPERS pool arrangement. The enrollment is spread across 16 medical plans (HMO, PPO,and Medicare) and 5 carriers (Anthem, Blue Shield, HealthNet, Kaiser and UnitedHealthcare). Although there are multiple plan options, the majority are covered under Kaiserand Anthem. The City contributes about 80% towards aggregate medical costs andemployees contribute approximately 20%. This cost share arrangement is aligned withindustry 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 isbest for them. And without any claims reporting or utilization data, it is difficult to determineif the benefit plans are priced competitively.
We recommend a crawl-walk-run strategy to deliver better benefits and lower costs, alongwith 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 benefitsand costs. We would expand our analysis to include the ancillary plans: dental, vision, life anddisability, supplemental benefits and voluntary plans (e.g. pet insurance). In our initialmarketing efforts, we saw about 10% in savings for medical, dental and vision plans alone. 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
In phase 2 (walk), we would (re)issue RFPs for all lines of coverage and recommendterminating any pooled arrangements like CalPERs. The savings achieved would help toincrease the City’s contributions closer to the benchmark of $1,800 per month. We wouldalso implement the Nava decision support and care navigation tools to assist employees inchoosing and using the right medical plan for them and their families.
In phase 3 (run), Nava would model alternative funding arrangement types such aslevel-funded or self-funded for additional savings opportunities. We would also exploreoutsourcing options for retiree benefits and administration.
We look forward to the opportunity to discuss this strategic approach in further detailshould 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 completeand proactive support. Being organized and ahead of the curve allows our team to offer theCity of Montebello the best possible client experience, and gives us time as a team to makedecisions that enhance your employee benefits program.
Sample 48-point service planPW: OpenEnrollmentByNava
This annual service plan was created with input from industry veterans on the keyrequirements 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 ofwho 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 employeeexperience. That’s why we ensure smooth sailing through a combination of personalizedoutreach and diligence.
We create custom, easy-to-follow benefit guides for your employees. We offer openenrollment support both in-person and virtually to ensure that no matter where your team is,they feel supported.
Sample Benefits GuidePW: OpenEnrollmentByNava
We keep the lines of employee communication open through surveys that give us and yourteam workable data and direction. 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
We also create a custom communications calendar through collaboration with your teamthat covers scheduled monthly outreach to members. Everything from what we cover, whenwe send it, to whom and what is said is all unique to your team and goals. This ongoingcommunication drives awareness, utilization of tools and resources, and provides ongoingeducation.
Sample Communication CalendarPW: OpenEnrollmentByNava
Finally, we provide a human-first, high-touch approach to innovative tech solutions to helplevel up your employees’ experience and use of their benefits throughout the year. We knowthat every employee population has unique needs and values, so we’ll work with you todetermine 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 theproposed timeline below for transitioning the City of Montebello to Nava.
Proposed Transition TimelinePW: OpenEnrollmentbyNava
Policy Reviews:Nava will assist the City of Montebelloteam in the review and developmentof provisions in contractual agreements relative to City of Montebello’s activities.
In addition to delivering traditional actuarial finance reporting on claims data (inclusive offinancial updates and IBNR estimates), we provide advanced analytics that go beyondmonthly spend to highlight cost drivers across clinical categories and service types.
Loss Exposure: Nava will periodically review and identifychanges in loss exposure.
Considering a point solution to address an area of spend? Over the past five years, hundredsof employer vendor solutionshave come into the marketproclaiming to reduce cost of care.To ensure you get the most return on your healthcare investment, we run actuariallyrigorous 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 foraccuracy 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 areone of the first firms, if not the only, to track service request tickets, and related service levelagreements (SLAs) in order to provide essential trend data and metrics to continuously 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
improve your offering.
At Nava, we take a human approach to human problems, but know that the right tech canstreamline and enhance how your employees use their benefits. We take a personalizedapproach to each client’s employee base and goals to determine which tech can bestcomplement their plans and improve the user experience and adoption rate. All of thesetools are included with Nava’s services at no additional cost.
A few of those tools include:
○ ALEX by Jellyvision- A decision support tech to helpyour employees makeinformed benefit elections. Your HR team can direct new hires to use this instead of1:1 sit downs saving you time and energy.○ Rightway- an employee navigation and issue supportconcierge available 7 days aweek, 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 administrationplatform 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 ofhealthcare.
We also have an internal product team. Take a look at our competitors - do they havesoftware engineers on their team? Are they innovating and pushing the envelope in thisindustry? Nava believes that fixing healthcare in America relies on empowering HR leaders with thedata and insights to become better buyers of benefits. Finding the right benefits for youremployees should be much simpler than it is currently, so we’ve built first of its kindtechnology that makes it easier to find and compare employee benefits. Ourcommunity-drivenBenefits Search Engineallows HRprofessionals with a streamlined wayto access today’s digital health innovation so you can compare and buy with ease, all in atrusted environment powered by the insights from your peers. This tool also providesbenchmarking metrics on the breadth, depth, and competitiveness of their benefits offeringwhich allows organizations to stand apart from their competition.
Part of being a successful tech-enabled firm includes continuously monitoring and vettingnew solutions as they come to market. If a better offering for our clients presents itself, wewill 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.comProprietary and Confidential
employees are taking advantage of available resources in order to get the most value out ofyour investments.
CLIENT SUPPORT
Nava subscribes to a consistent, 365-day a year approach to plan performance. Our team isguided by our48-point annual service planthat providesa roadmap for comprehensive andproactive support. This means your team always knows what is coming down the pipelinefor planning and when to expect it.
This includes a monthly claim review that reviews your updated plan cost vs. budget andrenewal forecast, benchmarks against your peers, and an actuarial review. We also have anemployee advocacy tool which provides monthly utilization reports to identify trends andareas needing support. We have quarterly business review meetings with our clients toreview all these statistics, discuss any changes or red flags and coordinate any strategyadjustments as needed. Additionally, we are one ofthe first firms, if not the only, totrackservice request tickets and related service level agreements (SLAs)in order to provideessential trend data and metrics to continuously improve your offering. This ensures allparties are on the same page.
As previously mentioned, with Nava you will have a dedicated service team - including aDirector of Strategic Accounts; Client Manager; Benefits Analyst; Compliance Resources;Legal, Marketing, Product and Operations teams – all by your side and available directly byphone or email. Our team brings vast experience from a range of reputable brokeragesincluding USI, Lockton, Marsh, Willis Towers Watson, and Hub to name a few. We manageeligibility in-house (adds/terms/changes), tracking, reporting, and billing audits as well asopen enrollment support. We also offer Nava SupportDesk, our real time issue tracking andreporting 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 issuesupport concierge available 7 days a week, 365 days a year with extended hours andbilingual 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 ourselvesaccountable to delivering a great benefits experience to you and your employees. This is allpart of our promise with theNava Performance Guarantee.
OPEN ENROLLMENT AND COMMUNICATION
At Nava we know that effective communication can make or break the employee openenrollment experience. That’s why we ensure smooth sailing through a combination of 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
personalized outreach and diligence. We curate a set of tools to make sure your employeeshave support every step of the way.
That starts with choosing your benefits. We create custom, easy-to-follow benefit guidesfor your employees, to be sure that they truly understand their plan options before making aselection. We offer open enrollment support both in-person and virtually to ensure that nomatter where your team is, they feel supported and all questions are addressed.
Sample Nava Benefits GuidePW: OpenEnrollmentByNava
When our clients have multiple plans to choose from, we pair these guides with ALEX byJellyvision, an interactive (and fun!) enrollment experience backed by behavioral science toguide employees towards the best plan for their health needs. This technology typicallysaves both employees and employers money by reducing the risk of over-insuring for one'spredicted medical needs. It also leaves employees feeling significantly more confident intheir benefits selections.
In parallel, our team keeps the lines of employee communication open through surveys thatgive us and your HR team actionable data and direction.
We also create a custom communications calendar through collaboration with your teamthat covers scheduled monthly outreach to members. Everything from what we cover, whenwe 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, andprovides ongoing education.
Sample Communication CalendarPW: OpenEnrollmentByNava
To ensure employees always have expert support around their benefits, Nava offers analways-on care advocacy and navigation experience via an intuitive mobile app, available 7days a week, 365 days a year with expanded hours and bilingual capabilities. Employees usethis concierge experience for any health or benefits related question from booking an innetwork doctors, reviewing a bill for errors, to getting guidance on the best next stepsfollowing 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 istransparency and accountability. There are 3 important distinctions in ourcompensation philosophy:
1. We will be100% transparent in all fees earnedassociatedwith the procurementand services of benefit lines. 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
2. Unlike most other brokers, wedo not accept any insurance carrier bonuscommissionson any of our customers. (Meaning ifwe choose to renew our clientswith a certain carrier or move our client to a certain carrier that is because it is in thebest interest of our client. Too often retention bonuses misalign interests betweenbrokers and their clients because they align the interests of only brokers andinsurance carriers).3. We willput 100% of our net fees at risk via the NavaPerformance Guarantee. If atthe end of the year you believe we've failed to deliver, you can fire us and we'll returnthe fee. It's that simple.
We can be compensated on a percentage of premium or propose to be compensated on aper employee per monthbasis. If the City of Montebelloprefers, we can operate on anagreed upon consulting fee, billed per month. The fee would be fixed and locked in for theyear, unless the employee count or amount of work has shifted dramatically of 15% in eitherdirection. 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● Technology Advisory Services: Needs analysis, vetting, negotiation, and ongoingsupport● 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 Technology - Healthcare navigation for members● ALEX by Jellyvision Technology - Member decision support tool● Virtual mental health support● Cerebrae -Software designed to define, forecast, and validate the financial ROI ofhealthcare. 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary 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 asreinvestments to outside carriers or vendor-partners.
Please reviewExhibit Dbelow for our Price SummarySheet details.
QUALIFICATIONS AND EXPERIENCE
Your Nava team is comprised of consultants with decades of experiences working in boththe carriers and brokerages, with extensive underwriting experience. Specifically, Kayly hasa track record of success in securing competitive renewals and proposals for clients to havean increase at or below medical trend. As a team, we leverage our experience and vendorrelationships 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. Ourconsultants are well positioned to work with senior carrier representatives to break downproposed premiums, drilling down in great detail to ensure a fair arrangement for both thecustomer and carrier. We recognize that time is critical, and begin the renewal process earlyto create a competitive environment amongst vendors and give our clients ample time toevaluate the options.
Additionally, we’re always working on your behalf to proactively identify, qualify, and sharethe best new vendors and innovators in employee benefits. Through the work we do for ourfirst-of-its-kindNava Benefits Search Enginewe’rediscovering new benefits categories andbuilding relationships with new benefits vendors regularly. By working closely with ourclients to determine needs and interests of their employee populations we are able to makerecommendations 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 notdefaulted on a contract within the past five years or declared bankruptcy or been placed inreceivership or been denied credit within the past three years. We have not been assessedany penalties for non-compliance with any federal, state, local, city, or county labor lawsand/or regulations within the past five years. Our firm is not currently under investigation forany charge or claim for noncompliance with any federal, state, local, city, or county laborlaws and/or regulations including, without limitation prevailing wage laws andapprenticeship laws. We are licensed to do business in the state of California and canprovide certificates upon request.
You can find contact information for our client references inExhibit Bbelow, but we wouldalso like to provide a bit of background about these clients and our experience servicingtheir accounts. 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
Kayly has been working with LSA Associates and Boardriders since 2017. When she left herprior role to join Nava Benefits in January 2022, both LSA and Boardriders continued thepartnership with her.
LSA Associates is based in Irvine, CA and has about 200 employees. This is a fully insuredgroup that offers medical insurance through two carriers. With an appetite for change andsearch for fiscal savings, we issued a full marketing plan to: consolidate the medical plans toone carrier, options to offer Kaiser alongside a national network plan, as well as presented aLevel Funded proposal for consideration. Overall, the client was able to retain benefitsclosely aligned with the benchmark and savings of 10% from current costs. We also secureda $20k wellness fund to assist LSA with their wellness program.
Boardriders is based in Huntington Beach, CA and has about 2,000 employees. Given theirindustry sector of retail business, they have been steadily focusing on recovery from theeconomic impacts of COVID. The Nava team was able to reduce their total plan costs bynegotiating a renewal 50% below budget and a monthly premium credit. In addition, Navarecognized there were other areas aside from cost cutting that could greatly benefit the HRteam and organization. We implemented a healthcare navigation advocacy support tool foremployees and total absence leave management administration for HR. But don’t just takeour word for it, here’s a brief press releasefromBoardriders about why they chose NavaBenefits.
Shift4 was one of Nava’s very first clients! They are based in Allentown, PA and have about1,200 employees located throughout the country. Nava has been instrumental in helping totransition this client from fully insured to self funded, which has given them greaterflexibility with plan design and cost containment programs. In addition, the Nava team hasbeen readily available to assist the client with future Merger and Acquisition benefit reviewsand claims projections. Most recently, we evaluated unbundling their self funded medicalplan administration, stop loss insurance and pharmacy benefit administration.
APPENDIX
48 Point Service PlanPW: OpenEnrollmentByNavaSample Communication CalendarPW: OpenEnrollmentByNavaSample Benefits GuidePW: OpenEnrollmentByNavaSample Actuarial Finance ReportingPW: OpenEnrollmentByNavaProposed TimelinePW: OpenEnrollmentByNavaBoardriders Press ReleaseLetter of TransmittalExhibit A: Indemnification and hold harmless agreementand waiver of subrogation andcontributionExhibit B: ReferencesExhibit C: InsuranceExhibit D: Bidder’s List of Subcontractor (DBE andNon-DBE) 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary 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 accompanyingInstructionstoProposers,theProposerherebycommitstotheCityofMontebellotoperformtheworkinaccordancewiththeprovisions intheProposal Level Contract Documentsandanyaddendatheretoandat the prices stated in the Revenue Price Sheet, which will be included and made a part of anysubsequent Contract.
TheProposer agrees that theProposal constitutes afirmoffer that cannotbewithdrawnforninety(90)calendar days fromtheProposalopeningoruntiltheContractfortheworkisfullyexecutedbetweentheCity and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute the Agreement and deliver it to the City ofMontebellowithinseven(7) calendar days after receivingaLetterofAwardtogetherwiththenecessarycertificates of insurance and any applicable performance or payment bonds. The Contractor shallproceed 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, thegeneral and local conditions to be encountered inperformanceof thework, andall other mattersthat 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 theentities performing the work can fulfill the specified requirements; and
4. Carefullyreviewedtheaccuracyof all statements andfiguresshownintheProposalandattachmenthereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not beresponsiblefor anyerrors or omissions in the Proposal.
The Proposer further certifies that:
1. Theonlypersons, firms,corporations,jointventures/partnerships,and/orotherpartiesinterestedinthe 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.comProprietary and Confidential
venture/partnership, and/or other party.The undersigned acknowledges receipt, understanding and full consideration of the following addenda tothe Proposal Documents:
Addenda No(s)
Dated _______________ Dated
Dated Dated
Dated Dated
Failuretoacknowledgereceipt of all addendamaycausetheProposal tobeconsiderednon-responsiveto the solicitation. Acknowledged receipt of each addendummust beclearlyestablishedandincludedwith 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.comProprietary 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.comProprietary 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)
Tothefullest extent permittedby law, Indemnitorhereby agrees,at itssolecostandexpense,toprotect,indemnify,andholdharmlesstheCityof Montebelloandits electedofficials,officers, attorneys, agents, employees,designatedvolunteers,successors,andassigns(collectively“Indemnitees”)fromandagainst any andalldamages,costs,expenses,liabilities,claims,demands,causesofaction,proceedings,expenses,judgments,penalties,liens,andlossesofanynaturewhatsoever,includingfeesofaccountants,attorneys, orotherprofessionalsandallcostsassociatedtherewith(collectively“Liabilities”),resultingfromany wrongfulornegligent act,failure to act,error, oromissionofIndemnitororany ofitsofficers,agents,servants,employees,subcontractors,materialmen,suppliersortheirofficers,agents,servantsoremployees,arisingorclaimedtoarise,directlyor indirectly, outof, in connectionwith,resultingfrom,orrelatedto theabove-referencedcontract,agreement,license,orpermit(the“Agreement”)ortheperformanceorfailuretoperformany term,provision,covenant,orconditionoftheAgreement,includingthisindemnityprovision.Thisindemnityprovisioniseffectiveregardlessofanyprior,concurrent,orsubsequent passivenegligenceby Indemniteesandshalloperatetofullyindemnify Indemniteesagainstanysuchnegligence.Thisindemnityprovisionshallsurvive theterminationoftheAgreement andisinadditiontoany otherrightsorremedieswhichIndemniteesmay have underthelaw. Payment is notrequiredasaconditionprecedent toanIndemnitee’s right torecoverunderthisindemnityprovision,andanentry ofjudgment against theIndemnitorshallbeconclusiveinfavoroftheIndemnitee’s right to recoverunderthisindemnityprovision.Indemnitorshallpay Indemniteesforany attorney’s feesandcosts incurredinenforcingthisindemnificationprovision.Notwithstandingtheforegoing, nothinginthisinstrument shallbeconstruedto encompass(a)Indemnitees’active negligenceorwillfulmisconductto thelimitedextent that theunderlyingAgreement issubjecttoCivilCode§2782(a),or(b)thecontractingpublicagency’sactivenegligencetothelimitedextentthattheunderlyingAgreement issubjecttoCivilCode§2782(b).Thisindemnityiseffectivewithoutreferencetotheexistenceorapplicabilityof any insurancecoverages whichmay have beenrequiredundertheAgreement orany additionalinsuredendorsements which may extend to Indemnitees.
CityagreestopromptlyinformIndemnitorinwritingofany claimthat CitybelievestobesubjecttothisIndemnificationandHold Harmless Agreement.
Indemnitor, onbehalfof itselfandall partiesclaimingunderorthroughit,hereby waivesallrights ofsubrogationandcontributionagainst theIndemnitees,whileactingwithinthescopeoftheirduties,fromallclaims,lossesandliabilitiesarisingoutoforincident toactivitiesoroperationsperformedbyoronbehalfoftheIndemnitorregardlessofanyprior,concurrent,or subsequent non-active negligence by the Indemnitees.
IntheeventthereismorethanonepersonorentitynamedintheAgreementasanIndemnitor,thenallobligations,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.comProprietary 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(Pleaseinclude contract value, awarddate, term of contract, anddescription 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(Pleaseinclude contract value, awarddate, term of contract, anddescription 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(Pleaseinclude contract value, awarddate, term of contract, anddescription of work):
Contract Value: $25 PEPM plus % of premium
Award Date: August 10, 2020Term of Contract:
Annual
Description of Work:
Brokerage Services
203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
EXHIBIT C
INSURANCE
The proposal shall include a statement that the insurance requirements set forth in the contractdocuments can be obtained and will be carried without reservation or exclusion should Proposer beawarded a contract pursuant to this RFP.
Successful Proposer shall at all times during thetermof theawardedAgreement, carry, maintain, andkeepinforceandeffect, withaninsurancecompanyadmittedtodobusiness inCalifornia, rated“A” orbetter in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy orpolicies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial GeneralLiabilityformCG00O1or theexact equivalent.Defensecostsmustbepaidinadditiontolimits.Thereshallbenocrossliabilityexclusionforclaimsorsuitsbyoneinsuredagainstanother.Limitsshall be no less than $1,000,000 per occurrence for all covered losses and no less than$2,000,000 general aggregate.
B. Business AutoCoverageonISOBusiness AutoCoverageformCA00O1includingsymbol1(AnyAuto) or the exact equivalent. Limits shall be no less than$1,000,000per accident, combinedsingle limit. If Consultant owns novehicles, this requirement maybesatisfiedbyanon-ownedauto endorsement to the general liability policy described in the preceding subsection. IfConsultant 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 insuranceonastateapprovedpolicyformprovidingstatutorybenefitsas required by lawwith employer's liability limits no less than $1,000,000 per accident for allcovered losses.
D. Professional Liabilityor Errors andOmissionsInsuranceasappropriatetotheprofession,writtenonapolicyformcoveragespecificallydesignedtoprotectagainstacts,errorsoromissionsoftheConsultant and "Covered Professional Services" as designated in the policy must specificallyincludeworkperformedunderthisAgreement.Thepolicylimitshallbenotlessthan$2,000,000per claimandintheaggregate. Thepolicymust"payonbehalfof”theinsuredandmustincludea provision establishing the insurer's dutytodefend. Thepolicyretroactivedateshall beonorbefore the effective date of this Agreement. City, it’s officers, employees, attorneys, anddesignated volunteers shall be named as additional insured on the policy, or policies, as tocommercial general liability bodily injury and property damage coverage’s and automobilecoverage’s with respect to liability arising out of successful Proposer’s work under thisAgreement.
E. All insurance policies shall provide that the insurance coverage shall not be non-renewed,canceled, reduced, or otherwisemodified(except throughtheadditionofadditionalinsuredsto 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
thepolicy) bytheinsurancecarrier without theinsurancecarriergivingtheCitythirty(30)days'prior written notice thereof. Any such thirty (30) day notice shall be submitted to City viacertifiedmail, returnreceipt requested, addressedto"RiskManager," Cityof Montebello, 1600West BeverlyBoulevard, Montebello, California, 90640. Contractor agreesthatitwillnotcancel,reduce or otherwise modify said insurance coverage.
F. Consultant shall submit toCity(i)insurancecertificatesindicatingcompliancewiththeminimumworker's compensation insurance requirements above, and (ii) insurance policyendorsementsindicating 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 beexecuted on City's appropriate standard forms entitled "Additional Insured Endorsement". 203-738-9814|kayly@navabenefits.com|navabenefits.comProprietary and Confidential
EXHIBIT D
PRICE SUMMARY SHEET
InaccordancewiththeRequestforProposalissuedbytheCityofMontebello(hereinafterreferredtoasBroker/Consultant),theundersignedproposingcompany hereby agreestofurnishallnecessary labor, materialsandincidentalsrequiredfortheabovestatedcontractasset forthintheScopeofWorkandany addendathereto, andtoperformallworkinthemannerandtimeprescribed 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, fringebenefits, overhead, operatingmarginandprofit, andalldirect and indirect expenses.
Pleaseincludeaboveanyother potential additional services that mayberequiredandassociatedcosts.(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.comProprietary 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 with Section 2-1.054 the StandardSpecificationandper Title49, Section26.11of theCodeof Federal Regulations. Thislistingisrequiredinadditiontolisting DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Phone
/ Fax
Annual GrossReceipts
Description of Portion of Work to bePerformed
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.comProprietary and Confidential
Part II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as asubcontractor on this project. This is required for compliance with Title 49, Section 26 of the Code of FederalRegulations. Photocopy this form for additional firms.
Firm Name/Address/
City, State, ZIP
Phone/Fax Annual Gross Receipts
Description of Portion of Work to bePerformed
LocalAgencyUseOnly(CertifiedDBE?)
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.comProprietary and Confidential
CITY OF MONTEBELLO
PROFESSIONAL SERVICES AGREEMENT NO. 4062
WITH ADVOCATE, INC. dba NAVA PARTNERS INSURANCE
SOLUTIONS
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into on December 14, 2022 (“Effective Date”), by and between the CITY OF MONTEBELLO, a California municipal corporation (the “CITY”) and ADVOCATE, INC. dba NAVA PARTNERS INSURANCE SOLUTIONS (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 to provide employee benefits broker and consulting services; and
WHEREAS, the CONSULTANT represents that it is fully qualified to perform such services by virtue of its experience and the training, education and expertise of its principals and employees; and
WHEREAS, the CONSULTANT represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perform such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of the CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, the 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. INCORPORATION OF RECITALS AND OTHER CONTRACT
DOCUMENTS
A. The above-referenced Recitals constitute a material part hereof and shall hereby be incorporated by reference. Moreover, this Agreement consists of the following documents, in order of precedence, all of which are incorporated herein and made part of this Agreement, as though fully set forth herein:
a. This Agreement and its Exhibits, including but not limited to:
b. RFP No. 23-2, attached hereto as Exhibit “A”;
c. The CONSULTANT’S Proposal dated November 17, 2022 and “Best and Final Offer” to RFP No. 23-3 dated December 6, 2022, attached hereto as Exhibit “B”; and
d. All other documents, including but not limited to all applicable bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits.
PROFESSIONAL SERVICES AGREEMENT NO. 4062
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. The CONSULTANT shall provide to the CITY those services that are set forth fully in RFP No. 23-3 and Consultant’s Proposal, attached hereto as Exhibit “A and B” and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. The CONSULTANT shall complete the Scope of Services in a timely manner, and in accordance with an agreed-upon work schedule to be determined by the Parties.
C. CONSULTANT shall be compensated at a sum not-to-exceed One Hundred and Fifty Thousand Dollars ($150,000) (the “Maximum Compensation”) for the performance of the Scope of Services as set forth in Exhibit “B”.
CONSULTANT shall provide an itemized billing statement to CITY for the Scope of Services performed. The CONSULTANT shall not incur fees or costs which exceed the Maximum Annual Compensation without the prior written consent of the CITY.
D. The CITY will be invoiced upon completion of the Scope of Services set forth herein. Payment in full of an invoice must be received by the CONSULTANT within thirty (30) days of the date of such invoice.
E. Work performed shall be deemed approved and accepted by the CITY as and when invoiced unless the CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which the CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute.
The CITY shall pay undisputed amounts as provided for in the preceding paragraph.
SECTION 3. TERM.
This Agreement shall commence on December 14, 2022, and shall be valid for three (3) years from the Effective Date, with two (2), one-year options, unless terminated earlier as provided in Section 8 herein. Each of the two (2), one-year options shall only be effective upon a duly executed amendment presented to the City’s City Council for approval.
SECTION 4. PERFORMANCE.
a. The CONSULTANT shall at all times, faithfully, competently, and to the best of its ability, experience, and talent, perform all tasks described herein.
b. The CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONSULTANT hereunder, in meeting its obligations under this Agreement.
c. The CONSULTANT shall be knowledgeable of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
PROFESSIONAL SERVICES AGREEMENT NO. 4062
d. The CONSULTANT shall have the right to retain, subject to t h e CITY's approval, additional individuals, consultants or subconsultants to assist in the completion of services as herein defined. Compensation for additional individuals, consultants or subconsultants shall be the sole and exclusive responsibility of the CONSULTANT.
e. The CONSULTANT shall retain all original reports, field and office notes, correspondence, calculations, maps, and other documents specifically related to the services provided by the CONSULTANT pursuant to this Agreement, other than documents which are exempt from disclosure pursuant to the 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 p roducts 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.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non-defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
a. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and
PROFESSIONAL SERVICES AGREEMENT NO. 4062
its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by the CONSULTANT which cannot be corrected within ten (10) days, said contract shall at the option of the CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by the CONSULTANT, the CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of the CONSULTANT. The CONSULTANT and his sureties shall be liable to the CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract.
In the event of a termination for cause, the CONSULTANT shall only be entitled to 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 (10) 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 t h e CONSULTANT provides the CITY with adequate proof that the CONSULTANT incurred the costs, and is unable to be seek a refund for such costs. Such “non- refundable” costs may include, but are not limited to, travel reservations incurred by the CONSULTANT for its performance of services under this Agreement. The CONSULTANT agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of the CITY shall be employed by the CONSULTANT during the term of this Agreement.
SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of the CITY shall be personally liable to the CONSULTANT in the event of any default or breach by the CITY, or for any amount which may become due to the CONSULTANT.
SECTION 11. INDEPENDENT CONSULTANT.
a. The CONSULTANT is and shall, at all times, remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its elected officials, officers, employees, or agents shall have control over the conduct of the CONSULTANT except as expressly set forth in this Agreement. The CONSULTANT shall not at any time or in any manner represent that he or she is in any manner an elected official, officer, employee, or agent of the CITY. No employee benefits shall be
PROFESSIONAL SERVICES AGREEMENT NO. 4062
available to t he CONSULTANT in connection with the performance of this Agreement. Except as provided in this Agreement, the CITY shall not pay salary, wages, or other compensation to the CONSULTANT for performance hereunder for the CITY, the CITY shall not be liable for compensation to the CONSULTANT, the CONSULTANT’s employees or the CONSULTANT’s subconsultants for injury or sickness arising out of performing services hereunder.
b. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
c. The CITY shall not deduct from the Compensation paid to t he CONSULTANT any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to the CONSULTANT. The CITY shall have no responsibility to provide the CONSULTANT, its employees or subconsultants with workers’ compensation insurance or any other insurance.
SECTION 12. CalPERS ANNUITANTS AND ELIGIBILITY INDEMNITY. a. If the CONSULTANT is a California Public Employees’ Retirement System (“CalPERS”) annuitant, the CONSULTANT must provide the City with written notification of such fact a minimum of 14 calendar days prior to commencement of services under this Agreement. Failure to provide such notification may result in termination of the Agreement, and any penalties or other costs relating thereto shall be borne by the CONSULTANT. If this Agreement remains in place, the CONSULTANT shall execute any amendment(s) to this Agreement requested by the City in order to comply with all laws and regulations applicable to CalPERS annuitants.
b. In the event that the CONSULTANT or any employee, agent, or subconsultant of the CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the CITY, the CONSULTANT shall indemnify, defend, and hold harmless the CITY for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of t h e CONSULTANT or its employees, agents, or subconsultants, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of the CITY.
c. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, the CONSULTANT and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by t h e 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 t h e CITY for employer contribution and/or employee contributions for PERS benefits.
PROFESSIONAL SERVICES AGREEMENT NO. 4062
SECTION 13. LEGAL RESPONSIBILITIES.
The CONSULTANT shall at all times observe and comply with all applicable laws, ordinances, codes, and regulations of the federal, state, and local governments including, but not limited to the Montebello Municipal Code. The CITY, and its appointed or elected officers, employees, or agents, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this section.
SECTION 14. INDEMNIFICATION.
The CONSULTANT agrees to, and shall defend, indemnify, protect and hold harmless, the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which the CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of t h e CONSULTANT’s negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of the CITY.
SECTION 15. INSURANCE COVERAGE.
a. During the term of this Agreement, the CONSULTANT shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONSULTANT’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including products-completed operations, personal injury, and advertising injury, with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: If applicable, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if the CONSULTANT has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for 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 $2,000,000 per occurrence or claim, $2,000,000 aggregate.
b. If the CONSULTANT maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.
PROFESSIONAL SERVICES AGREEMENT NO. 4062
c. The CONTACTOR shall require each of its subconsultants, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a current rating of at least A:VII in the latest edition of Best's Insurance Guide.
e. Each insurance policy required above shall state that coverage shall not be canceled, except after thirty (30) days’ prior written notice (ten [10] days for non-payment) has been given to the CITY. The CONSULTANT agrees that if it does not keep the aforesaid insurance in full force and effect the CITY may either (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at the CONSULTANT’s expense, the premium thereon.
f. Evidence of Insurance prior to commencement. The Consultant shall provide to the CITY Certificate(s) of Insurance evidencing such coverage together with copies of the required policy endorsements no later than five (5) business days prior to commencement of service and at least fifteen (15) business days prior to the expiration of any policy. Unreasonable failure to provide such evidence may be cause for termination of the Agreement as provided herein or delay the services’ commencement date. The evidence of insurance shall be U.S. mail or email to:
City of Montebello
Attn: Risk Manager
1600 West Beverly Boulevard
Montebello, CA 90640
Email: [email protected]
g. Coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits, non-renewed, or materially changed for any reason, without thirty (30) days prior written notice thereof given by the insurer to the CITY by U.S. mail, or by personal delivery, except for nonpayment of premiums, in which case ten (10) days prior notice shall be provided.
h. Evidence of Insurance during the entire term of the Agreement. At all times during the term of this Agreement, the 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).
i. The CONSULTANT shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
j. The general l i a b i l i t y a n d a u t o m o b i l e p o l i c i e s o f insurance required by this Agreement shall contain an endorsement naming the CITY, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to
PROFESSIONAL SERVICES AGREEMENT NO. 4062
the CITY. The CONSULTANT agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
k. The insurance provided by the CONSULTANT shall be primary to any coverage available to the CITY. Any insurance or self-insurance maintained by the CITY, its officers, employees, agents, or volunteers, shall be in excess of CONSULTANT’s insurance and shall not contribute with it.
l. 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.
m. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, the CONSULTANT shall either reduce or eliminate the deductibles or self-insured retentions with respect to the CITY, or the CONSULTANT shall procure a bond guaranteeing payment of losses and expenses.
n. Procurement of insurance by the CONSULTANT shall not be construed as a limitation of the CONSULTANT'S liability or as full performance of CONSULTANT’s duties to indemnify, hold harmless and defend under the indemnity covenants of this Agreement.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
The CONSULTANT shall not subcontract, delegate, or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of the CITY.
Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub-consultant, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of the CONSULTANT and shall not bind or purport to bind the CITY and shall not release the CONSULTANT from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-consultants. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to the CONSULTANT under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition, or covenant hereof.
SECTION 18. DISPUTE RESOLUTION; GOVERNING LAW.
Disputes regarding the interpretation or application of any provision(s) of this Agreement shall, to the extent reasonably feasible, be resolved through good faith negotiations between the Parties. If any action at law or in equity is brought to enforce this Agreement or because of alleged dispute, breach, default or
PROFESSIONAL SERVICES AGREEMENT NO. 4062
misrepresentation in connection with the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney’s fees, expert fees, costs and necessary disbursements incurred in that action or proceeding, in addition to such other relief as may be sought and awarded. The venue for any litigation shall be County of Los Angeles, California. The Parties agree that the covenants contained in this Section shall survive the expiration or termination of this Agreement.
SECTION 19. ATTORNEY’S FEES AND COSTS.
If litigation is reasonably required to enforce or interpret the provisions of this Agreement, the prevailing party in such litigation shall be entitled to an award of reasonable attorney's fees and costs in addition to any other relief to which it may be entitled.
SECTION 20. WARRANTIES.
Each of the parties represents and warrants to one another as follows:
a. It has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement;
b. In executing this Agreement, it has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever; and
c. It is agreed that each party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either party has the full right and authority to fully commit and bind such party to the provisions of this Agreement.
SECTION 21. MISCELLANEOUS.
a. The descriptive paragraph headings of this Agreement are included for purposes of convenience only and shall not control or affect the construction of interpretation of any of its provisions.
b. Whenever the context hereof shall so require, the singular shall include the plural, the male gender shall include the female gender, and the neuter and vice versa.
c. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein.
d. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described. e. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or
PROFESSIONAL SERVICES AGREEMENT NO. 4062
counterpart thereof, delivered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
f. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered via e- mail (an “Electronic Notice” as further defined below), personally or on the second (2nd) business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
If to CITY: City of Montebello
Attn: René Bobadilla, City Manager
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887-1200
With a copy to: City of Montebello – Human Resources Department Attn: Nicholas Razo, Director of Human Resources
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887 -1200 x 419
[email protected]
If to Consultant: Advocate, Inc. dba Nava Partners Insurance Solutions Attn: Kayly Hill, Director of Strategic Accounts
228 Park Ave S, PMB 97880
New York, NY 10003
(203) 738 - 9814
[email protected]
An electronic communication (“Electronic Notice”) shall be deemed written notice for purposes of this section if sent to the electronic mail address specified above. Electronic Notice shall be deemed received at the time the party sending Electronic Notice receives verification of receipt by the receiving party. Any party receiving Electronic Notice may request and shall be entitled to receive the notice on paper, in a nonelectronic form.
PROFESSIONAL SERVICES AGREEMENT NO. 4062
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY
EMPLOYER.
In the performance of this Agreement, the CONSULTANT shall not discriminate against any employee, sub-consultant, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation. The CONSULTANT will take affirmative action to ensure that sub- consultant and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
The CONSULTANT covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by the 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 t h e 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 Agreement shall be valid and binding.
[SIGNATURE PAGE TO FOLLOW]
PROFESSIONAL SERVICES AGREEMENT NO. 4062
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 ADVOCATE, INC. dba NAVA
PARTNERS INSURANCE
SOLUTIONS
René Bobadilla, City Manager Kayly Hill, Director of Strategic Accounts
Date: ___________ Date: ____________
ATTEST:
Christopher Jimenez, City Clerk
APPROVED AS TO FORM:
Arnold M. Alvarez-Glasman, City Attorney
EXHIBITS
Exhibit A – RFP No. 23-3
Exhibit B – Consultant’s Scope Of Services
Exhibit “A”
RFP No. 23-3
City of Montebello
REQUEST FOR PROPOSAL (RFP) No. 23-3
EMPLOYEE BENEFITS INSURANCE BROKER SERVICES
October 13th, 2022
ONLINE PROPOSAL SUBMITTAL ONLY THROUGH PLANET BIDS
NOTE: Updates, changes, or addendums to the RFP are posted at:
https://www.planetbids.com
RFP No. 23-3
2 City of Montebello
TABLE OF CONTENT
Section Page(s)
INTRODUCTION 4
COVER LETTER 5
TIMETABLE & SCHEDULE OF EVENTS 6
PROPOSAL SUBMISSION CHECKLIST 7
SECTION 1 - INSTRUCTIONS TO PROPOSERS 8
Proposal Format and Submittal
Examination of Proposal Documents
SECTION 2 - GENERAL TERMS AND CONDITIONS 9-16 Addenda
Clarifications
Discrepancies and Misunderstandings
Withdrawals of Proposal
References
Proposal Signatures
Pre Contractual Expenses
City of Montebello Rights
Licensing, Permits, and Taxes
Responsibility for Compliance with Legal Requirements
Confidentiality and Public Record
Joint Offers
Company Personnel
Single Proposal Response
Protest Procedures
Incorporation of Proposal into Agreement
Time of Completion
Payment
Contract Documents
Scope of Contract
Performance of Work
Award of Contract
Point of Contact
Evaluation of Proposals
Proposal Evaluation Criteria
SECTION 3 - QUALIFICATIONS 17
SECTION 4 - SCOPE OF WORK 18-19
SECTION 5 - FORM OF CONTRACT (SAMPLE) 20- 30
RFP No. 23-3
3 City of Montebello
SECTION 6 - FORMS AND CERTIFICATIONS 31-40 Letter of Transmittal
Exhibit A - Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit B – References
Exhibit C – Insurance
Exhibit D – Cost Proposal Sheet
Exhibit E – Bidder’s List of Subcontractor (DBE and Non- DBE)
RFP No. 23-3
4 City of Montebello
INTRODUCTION
The City of Montebello (City) is soliciting proposals from highly qualified insurance brokerage firms (Broker) to provide employee benefits broker and consulting services.
The City currently has approximately 400 active employees and 200 retiree s enrolled in group benefit plans.
The City is particularly interested in a Broker that can provide creative and innovative approaches, with a proven track record, that enable the City to maintain quality programs and contain or reduce costs. The selected Broker will perform a full range of benefit program services related to the acquisition, implementation, maintenance, communication, and improvement of the City's employee insurance benefits.
The selected Broker shall provide services including, but not limited to:
Partnering with the City to design and develop a short and long-range benefits strategy plan. Provide subject matter expertise and support to current programs including dental and vision insurance plans, short and long-term disability, and Employee Assistance Program (EAP) benefits. Research and present considerations for other programs, such as voluntary/ancillary benefits. Review employee cost sharing annually and recommend changes based on strategies that drive value and maintain a competitive position.
Review and report claims activity and provide recommendations for managing costs. Negotiate annual renewals with all insurance vendors. As needed, prepare bid specifications and solicit proposals from insurance markets that specialize in group insurance plans. Evaluate bids and bidders, including administration, claim payment procedures, customer service, network, reserve establishment policies, financial soundness, and identify the most cost-beneficial package from among the various bidders. Review all plan contracts and summary plan descriptions. Assist with creating customized enrollment guides, plan summaries, and materials for open enrollment, new hires, and recruiting.
Assist with developing benefits presentations and announcements , and conducting open enrollment meetings.
RFP No. 23-3
5 City of Montebello
DATE: October 13, 2022
ATTENTION: PROSPECTIVE PROPOSERS
SUBJECT: REQUEST FOR PROPOSAL NO. 23-3
TITLE: CITY OF MONTEBELLO
BENEFIT INSURANCE BROKER SERVICES
The City of Montebello (City) is soliciting proposals from highly qualified insurance brokerage firm s (Broker) to provide employee benefits broker and consulting services.
All correspondence, communications, and contact concerning any aspect of this solicitation or offers shall be with the following person [or his designated representative if applicable] only.
Name: Rohan Anderson
Title: Senior Procurement Analyst
Address: 400 S. Taylor Ave.
Montebello, CA 90640
Telephone: (323) 558-1625 ext.104
E-mail: [email protected]
Only substantive inquiries will receive a response. All substantive questions submitted in writing as outlined below will receive a response in accordance with the guidelines contained herein. Responses will be provided in writing to all prospective proposers and posted on the City’s website. Responses to questions or comments regarding Request For Proposal, No. 23-3 (RFP No. 23-3), 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, November 1 7, 2022, 3:00 PM Pacific Standard Time and submitted in accordance with the instructions contained in RFP No. 23 -3. No exceptions will be granted regardless of reason or circumstances.
All proposals must contain an original signature by an authorized officer of the company.
The successful proposer will be required to comply with all applicable Equal Opportunity Laws and Regulations. The City hereby notifies all prospective proposers that the City will require that each proposer affirmatively demonstrate that Disadvantaged Business Enterprises are afforded full opportunity to participate in the performance of contracts and subcontracts financed in part or whole under RFP No. 23- 3, 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.
RFP No. 23-3
6 City of Montebello
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 in accordance with Title VI of the Civil Rights Act of 1964, as amended ("Title VI").
Any person who believes he or she has been subjected to discrimination under Title VI can file a complaint with the City. For more information on City’s Civil Rights Program, and the procedures to file a complaint, contact:
Name: Nicholas Razo
Title: Director of Human Resources
Address: 1600 W. Beverly Blvd
Montebello, CA 90640
Telephone: (323) 887-1200
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 October 13, 2022
Deadline to Submit Questions Thursday October 27, 2022 at 3:00 PM PST Responses to Questions Provided Tuesday November 1, 2022 Deadline to Submit Proposals Thursday November 17, 2022 at 3:00 PM PST Presentations & Intent to Award Week of December 11, 2022
RFP No. 23-3
7 City of Montebello
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
2 Letter of Transmittal Page # 31
3 Licensing, Permits, Certificates, and Taxes Page # 11 4 Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Exhibit A
5 References Exhibit B
6 Insurance Exhibit C
7 Cost Proposal Sheet Exhibit D
8 Bidder’s List of Subcontractor (DBE and Non-DBE) Exhibit E
OPTIONAL ITEMS
9 Requests for exceptions or deviations. Page # 8
Company Name:
Name of Proposer initialing document (print):
The email address of Company Contact:
Signature:
Title:
Date:
RFP No. 23-3
8 City of Montebello
SECTION 1 - INSTRUCTIONS TO PROPOSERS
PROPOSAL FORMAT AND SUBMITTAL
Proposals can be submitted via the PlanetBids.com Portal (accessed through the official City website at http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html) up to the hour of 3:00 p.m. on Thursday, November 17, 2022.
All proposals must contain an original signature by an authorized officer of the company. Proposals received after the above-listed date and time will not be considered.
Proposals shall not include a photocopy of the following:
· INSTRUCTIONS TO PROPOSERS
· QUALIFICATIONS
· SCOPE OF WORK
Proposals shall be typed, single-spaced, and submitted on 8 1/2“x11” paper. Proposals shall not include any unnecessarily elaborate or promotional material. Proposals may not be modified or corrected after being opened unless an addendum is issued requesting resubmissions. Proposals will not be valid until all information has been verified and the proposers references have been checked. All proposals shall be accompanied by a completed and signed Letter of T ransmittal provided as a part of this Request for Proposal (RFP).
All requests for exceptions or deviations as a result of this RFP shall be identifiable by a separate section of the proposer’s submitted proposal for review by the City. It shall be the City’s right to accept or reject any portion of the submitted requests.
Proposals shall be submitted in accordance with the form prescribed herein. Failure to respond in this manner may render the proposal non -responsive. Unauthorized conditions, limitations, or provisions attached to a proposal will render the proposal non-conforming and non -responsive and may cause its rejection. The completed proposal shall be without interlineations, alterations, or erasures. A proposer submitting a basic conforming proposal may choose to submit alternate proposals as complete and separate offers if the alternate proposal offers technical or other improvements or modifications, which are to the overall benefit to the City. All alternate proposals must be submitted in writing and included with the original proposal, conforming to the requirements as stated herein. No verbal modifications will be accepted.
Proposal documents shall be deemed to include by reference each one of the following:
1. Request for Proposal (RFP)
2. Addenda to RFP
3. Supplements to RFP
4. All other required forms
EXAMINATION OF PROPOSAL DOCUMENTS
By submitting a proposal, the p roposer represents that: (1) Proposer has thoroughly examined and become familiar with the Scope of Work required under RFP No. 23 -3, (2) Proposer comprehends all conditions that may impact the proposal, (3) Proposer has reviewed all addenda, and (3) Proposer is
RFP No. 23-3
9 City of Montebello
capable of providing the equipment, goods, and services necessary to perform the Scope of Work and/or meet the specifications outlined in RFP No. 23-3, in a manner that meets the City’s objectives. Failure to examine the documents and inform itself shall be at the proposers’ own risk. A proposer shall have no claim against the City based upon ignorance of or misunderstanding of the RFP documents. Once the award has been made, failure of a proposer to have read all of the conditions, instructions and the agreement shall not be cause to alter any term of the agreement nor shall such failure provide valid grounds for a proposer to withdraw its proposal or to seek additional compensation.
SECTION 2 – GENERAL TERMS AND CONDITIONS
ADDENDA
Any changes made by the City to the requirements in RFP No. 23-3 will be made by written addenda. Any written addenda issued to this RFP s hall 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 outlined 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 discreti on, determine that the point in question is not clearly and fully set forth; the City will issue a written addendum clarifying the matter. The aforesaid addendum shall be posted on the www.PlanetBids.com web page.
All questions, clarifications , or comments must be submitted to or no later than 3:00 pm, Thursday, October 27, 2022 . No questions will be answered individually by the City or the Human Resources Department.
Requests for clarification, questions, and comments must be posted on the PlanetBids.com 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 b e communicated via PlanetBids.com. Every attempt will be made to respond to all proposers in accordance with the procurement schedule for RFP No. 23-3. 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
RFP No. 23-3
10 City of Montebello
DISCREPANCIES AND MISUNDERSTANDINGS
Proposing Brokers must satisfy themselves by personal examination of any worksite, drawings, Scopes of Work, and by any other means as they may believe necessary, as to the actual physical conditions, requirements, and difficulties under which the work must be performed. No proposing Broker shall at any time after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies found in any plans, specifications, or other documents provided, shall be called to the attention of the Broker and clarified before the submission of proposals.
WITHDRAWAL OF PROPOSALS
Proposers may withdraw their proposals in writing, provided that such requests are received by the City before the scheduled deadline for proposal submission or within six months following the scheduled deadline for proposal submission when no contract has been awarded.
REFERENCES
All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal. Refer to Exhibit B.
At the discretion of the Evaluation Committee, the City may elect to perform site vi sits at the proposer’s customer locations. These optional site visits will be in addition to any presentations and/or technical demonstrations. Some or all RFP Evaluation Committee members 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 proposal it shall be signed and the full name and address of the proposer shall be given.
If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name and the name and address of each partner shall be given.
If a corporation prepares the proposal, the name of the corporation shall be provided and signed by two (2) duly authorized officers and, if available, stamped with the corporate seal, and the names and titles of all officers of the corporation shall be given. If a corporation provides a certified letter stating that one (1) duly authorized officer signature is binding for the corporation, this will suffice to omit the second signature requirement in the proposal. A certified letter is to be included in the proposal accompanied by 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