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console and to selected pre -existing Maintenance Department workstations. Other requirements, capabilities, or features of the Yard Management System shall include but not limited to:
• Display MBL yard plan in graphical format matching the actual layout of the yard. • Automatically record movements of a vehicle in, out of, and within the yard.
Provide vehicle status such as:
• Holding vehicles for maintenance
• Vehicle being cleaned and disinfected
• Vehicle disinfected and ready for revenue service etc.
Access to Data and Interface
The vendor is expected to partner with MBL and other authorized vendor products to interface and share data via import/export of files or API, when applicable.
Similar to the GTFS data standard, MBL follows other national efforts to standardize key data sources and allow for easy integration between technology companies.
NTD Reporting
• Ridership reporting solution shall provide NTD reporting for ridership and passenger miles • The Contractor shall assist MBL in obtaining NTD certification for ridership and passenger miles and describe the NTD process in proposal
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Voice over IP (VoIP)
• The vehicle operator shall be able to select on the OCU a voice call through a request to talk (RTT) and a priority request to talk (PRTT), which will immediately send the request to the central system
• The OCU or VCU shall retry sending the message until acknowledged by the central system or until all retries have been exhausted. The vehicle operator will be notified that the request was successfully transmitted or not
• The proposed voice solution shall include either voice over IP (VoIP) as embedded feature of the OCU or VCU
• The vehicle operator shall not have use of the voice radio unless requested by a Dispatcher through a voice call or the OCU or VCU loses data communications to the central system and the radio is in fallback
• The vehicle operator shall have free use of the voice system when in fallback mode. The voice system shall be in fallback mode when the OCU or VCU is powered off, when the OCU or VCU is powered on but not fully operational, when the OCU or VCU has lost data communications to the central system, or when the OCU or VCU is commanded to enter fallback mode by Dispatch • If voice audio from Dispatch is playing on the driver speaker and the vehicle operator picks up the handset, the Dispatch audio will be automatically routed to the handset • The voice call will automatically end when the vehicle operator places the handset in the cradle, the configured call timeout period elapses or when no voice is detected for a configurable period • It is paramount that the bus operator can always get in touch with dispatch and therefore the voice communications solution shall support fallback. When data communications between the
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VCU and the central system are lost, for any reason, the VCU shall go to open microphone mode, which allows the bus operator to pick-up the handset and talk without sending any text messages • The system shall support monitoring the audio onboard the bus. When in emergency mode, the VCU shall allow the covert microphone to be enabled by the dispatcher. When enabled, the covert microphone audio shall be routed through the radio or VoIP to the dispatcher that enabled the covert microphone
Dispatch-Initiated Public Announcements
• The VCU shall immediately playback any public audio announcements on the interior speakers using text to speech (TTS) that were sent by a Dispatcher • The VCU shall immediately display any public text announcement sent on the interior LED sign by a Dispatcher
Traffic Signal Priority (TSP) Integration
• The proposed system must be expandable to integrate with future Traffic Signal Priority (TSP). • Contractors shall provide the name and references of TSP systems in which integrations have been successfully completed
Planning and Scheduling (Optional)
• Be able to provide U.S. Census data on the service area, including but not limited to ethnic and socioeconomic data.
• Ability to pull demographic data using the radius from the route alignment (i.e. .25 miles from a fixed transit route)
• Generate maps with census data overlays, and the ability to export said maps as a .jpeg or .pdf file.
• Run a Title VI an alysis within the set service area, including the ability to determine average minority percentage by line and system-wide
• Ability to generate map that can distinguish census block groups as above or below average system-wide minority
• Ability to run Title VI Service Equity Analysis for service or route modifications • Provide modeling capabilities to simulate new routes or route modifications • Present easy-to-read route statistics
Pre-trip Inspection (Optional)
Pre-trip inspection reporting prior to pull-out to eliminate manual processing of paper-based inspection.
Shall be fully customizable to include:
Fully customizable inspection forms
• Allow operator keyed input to address specific issues and comments • Force mandatory post-trip inspection and end of day for vehicle • Capable of sending inspection reports to designated staff in real-time • Configurable inspection duration validity (i.e. 24 hours, 48 hours, etc.) • Alerts/notifies staff when vehicle leaves the garage without a valid status
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Automatic Vehicle Monitoring (AVM) (Optional)
• The VCU shall include an automatic vehicle monitoring (AVM) system that monitors onboard equipment through the standard interfaces for performance data and faults • During the design phase of the project, the Contractor shall describe the need for installing any hardware or software upgrades required for this interface • The VCU shall indicate to the vehicle operator via the OCU any equipment that has faults • The VCU shall immediately report any equipment faults identified by MBL to the central system • The VCU shall timestamp and geocode all data collected by AVM • The system shall be capable of verifying active communication between all monitored systems and the VCU, and be capable of using multiple communication protocols • The VCU shall transmit all AVM collected data to the central system through the WLAN upon entry to the WLAN coverage at the depot and every fifteen minutes while in WLAN coverage. • The VCU shall be capable of monitoring the performance data that is typically available on the bus networks - The Contractor will validate the availability of AVM fault and performance data
The Contractor will work with MBL to document the final list of performance and fault data to be collected during the design phase
Warranty
All equipment and workmanship (on board equipment, backend equipment, software, and other accompanying equipment) should have a minimum of 3 years warranty from the date of final acceptance of work.
• Proposals will provide an explanation of the coverage provided by the warranty, including the response method and plan for provision of parts and labor. • The Contractor warrants the documentation provided completely and that it accurately reflects the operation and mainte nance of the equipment and software, and provides all information necessary to maintain the system.
Maintenance
Proposals must include pricing for maintenance and provide an explanation of the coverage, including response times and plans for provision of parts and labor. Proposals must address maintenance provisions for software patches and version upgrades.
The Proposer is required to notify MBL at least one month in advance of installation when new software releases become available. The Proposer is required to notify MBL at least six months in advance when it is expected that the current release and related systems will no longer be supported.
The Proposer will ensure that all existing software configurations are protected after the system has been upgraded for the entire duration of the time when MBL uses the product. These changes must be reported to the MBL Director.
Technical Support And Training
The Proposer will provide a contact person and phone number to assist MBL with any technical questions.
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The Proposer will submit a training plan that describes the procedures that will be employed to adequately accomplish training related to the implementation and full utilization of the system.
Training shall be provided to personnel designated by MBL. Tr aining for all hardware and software must be provided on-site and will at minimum include:
• Name and phone number of the person responsible for training. • How to install or setup a computer as a viewing station. • How to operate the software
• How to record and retrieve data.
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SECTION 5 – QUALIFICATIONS
DESIRED QUALIFICATION
• Provide a brief profile of the firm, including: the types of services offered, the year founded, form of the organization (corporation, partnership, sole proprietorship) number, size and location of offices, and the number of employees.
• Provide a general description of the firm’s financial c ondition and identify any conditions (e.g., bankruptcy, pending litigation, planned office closures, impending merger) that may impede the Contractor’s ability to complete the project.
• Describe the firm’s experience in performing work of a similar nature to that solicited in this RFP, and highlight the participation in such work by the key personnel proposed for assignment to this project. Describe an experience in similar projects, particularly in the transit and public sector environments. The Contractor must demonstrate to the satisfaction of MBL that it has sufficient resources, capabilities and experience to meet the business needs as stated in this document. The Contractor will state and identify its involvement with other clients for both past and pre sent projects. The Contractor will state the client’s name, and references for similar projects, particularly those conducted for public transit in particular and the public sector in general. Be specific with respect to past and current assignments elaborating on those projects of similar type, magnitude and complexity. The Contractor’s involvement and responsibility should be defined for each project.
• Identify any subcontractors by company name, address, contact person, and telephone number and project function.
• Briefly describe other projects currently in process and how those projects affect the company’s current capacity and capacity during this proposed project. Identify any capacity or availability issues for any major subcontractors proposed.
FIRM QUALIFICATIONS
To be considered responsive to the RFP, firms must demonstrate that they meet the following minimum qualifications by providing a thorough response and verifiable evidence of compliance. Non -compliance with these requirements may disqualify your proposal from further consideration.
A. Firm has not defaulted on a contract within the past five (5) years or declared bankruptcy or been placed in receivership or been denied credit within the past three (3) years.
B. Firm has not been assessed any penalties for non-compliance with any federal, state, local, city, or county labor laws and/or regulations within the past five (5) years.
C. Firm is currently not under investigation for any charge or claim for noncompliance with any federal, state, loc al, city, or county labor laws and/or regulations including, without limitation prevailing wage laws and apprenticeship laws.
D. The firm must have a minimum of five years of experience and demonstrated track record of quality work, knowledge, skills, and abi lities in CAD/AVL systems for public transit agencies, preferably in an environment of similar size and scope to the MBL.
E. Licensed to do business in the State of California.
F. Experience with projects of similar size and scope.
G. Experience with agencies of similar size and scope as MBL.
H. Financial capacity.
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SECTION 6 – FORM OF CONTRACT (SAMPLE)
PROFESSIONAL SERVICES AGREEMENT FOR
COMPUTER-AIDED DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM
THIS AGREEMENT (“Agreement”) is made and entered into on …………………….., 2023, by the CITY OF MONTEBELLO, a municipal corporation (hereinafter referred to as “CITY”) and …………………………….. (Hereinafter referred to as “CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein individual as a “Party,” and jointly as the “Parties.”
RECITALS
WHEREAS, CITY desires to retain a qualified professional Contractor to replace MBL’s existing Computer-Aided Dispatch/Automatic Vehicle Location (CAD/AVL) system, provid e additional functionality, and migrate existing data from previous CAD/AVL system (“Project”); and
WHEREAS, CONTRACTOR represents the degree of specialized expertise contemplated within California Government Code, Section 37103, and is qualified to perf orm such services by virtue of its experience and the training, education, and expertise of its principals and employees; and
WHEREAS, no official or employee of CITY has a financial interest, within the provisions of Sections 1090 – 1092 of the California Government Code, in the subject matter of this Agreement; and
WHEREAS, CONTRACTOR responded to CITY’s Request for Proposal dated February 9, 2023 (RFP No. [23-8]), as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Contractor Proposal”).
NOW THEREFORE, in consideration of performance by the Parties of the covenants and conditions herein contained, the Parties hereto agree as follows:
SECTION 1. SERVICES / COMPENSATION.
A. CONTRACTOR shall provide to CITY those services that are set forth fully in the Scope of Services, as such is set forth fully in Exhibit “A” hereto and incorporated fully herein by this reference (hereinafter “Professional Services”).
B. CONTRACTOR shal l 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.
B. CONTRACTOR shall be compensated a sum not-to-exceed $………………………………………(the “Maximum Compensation”) for performance of the Professional Services as set forth in the Schedule of Compensation attached hereto as Exhibit “C” and incorporated fully herein by t his reference (“Compensation”). CONTRACTOR shall provide an itemized b illing statement to CITY each month for Professional Services performed. CONTRACTOR shall not incur fees or costs which exceed the Maximum Compensation without the prior written consent of CITY.
C. CITY will be invoiced at the end of the first billing p eriod following commencement of
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work and at the end of each billing period thereafter. Payment in full of an invoice must be received by CONTRACTOR within thirty (30) days of the date of such invoice.
D. Work performed shall be deemed approved and accepted by CITY as and when invoiced unless CITY objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CITY believes such work is incomplete or defective, and the invoice amount(s) in dispute. CITY shall pay undisputed amounts as provided for in the preceding paragraph.
E. Failure of CITY to submit full payment of an invoice within thirty (30) days of the date thereof subjects this agreement and the work herein contemplated to suspension or termination at CONTRACTOR's discretion.
SECTION 2. TERM.
This Agreement shall commence on ………………, 2023 , and shall be valid for three (3) years from the Effective Date, with two (2), one-year options, unless terminated sooner as provided in Section 7 herein.
The Parties agree that Sections 4(B), 9, 10, 11, 13, 16, 17, 18, and 19 shall survive for three (3) years following the expiration or termination of this Agreement.
SECTION 3. CONTRACT DOCUMENTS.
For purpose of this Agreement, the contract documents for the aforesaid Project shall consist of (and are outlined in the following order of preference):
A. RFP No. 23-8;
B. Proposer’s [DATE] Proposal for Computer-Aided Dispatch/Automatic Vehicle Location System 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 add enda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.
All of the provisions of said Contract Documents constitute a material part hereof and shall be hereby incorporated by reference as though fully set forth herein.
SECTION 4. PERFORMANCE.
A. CONTRACTOR shall at all times, faithfully, competently, and to the best of its ability, experience and talent, perform all tasks described herein.
B. CONTRACTOR shall employ, at a minimum, generally accepted standards and practices utilized by companies engaged in providing similar services, as are required of CONTRACTOR hereunder, in meeting its obligations under this Agreement.
C. CONTRACTOR shall be knowledge able of and subject to all CITY ordinances, rules and regulations, standard operating procedures, and the supervisory chain of command.
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D. CONTRACTOR shall have the right to retain, subject to CITY's written approval, additional individuals, Contractors, or sub -Contractors to assist in the completion of services as herein defined.
Compensation for additional individuals, Contractors, or sub -Contractors shall be the sole and exclusive responsibility of the CONTRACTOR.
E. CONTRACTOR shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years unless otherwise provided for in Exhibit “A.” Upon CITY providing twenty -four (24) hours advanced prior notice, CONTRACTOR shall make all records, invoices, time cards, cost control sheets and other records maintained by CONTRACTOR in connection with this Agreement available during CONTRACTOR’s regular working hours to CITY for review and audit by CITY.
F. All reports, documents, or other written material developed by CONTRACTOR in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. Such material shall not be the subject of a copyright application by CONTRACTOR. Any alteration or reuse by CITY of any such materials on any project other than the Project shall be at CITY’s sole risk unless CITY compensates CONTRACTOR for such reuse.
SECTION 5. WORK PRODUCT.
A. CONTRACTOR hereby agrees that all work produced pursuant to this Agreement, and provided to CITY during and upon completion of this Agreement, shall be the property of CITY, and ownership of said work product shall be retained by CITY. CONTRACTOR may take and retain copies of such written products as desired.
B. All data, documents, discussion, or other information developed or received by CONTRACTOR or provided for performance of this Agreement are deemed confidential and shall not be disclosed by CONTRACTOR without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required. All such written products shall be returned to CITY upon the termination or expiration of this Agreement. CONTRACTOR agrees that the covenants contained in this Article shall survive the expiration or termination of this Agreement.
C. Documents are provided in CONTRACTOR’s standard software formats. CITY recognizes that electronic or magnetic data and its transmission can be easily damaged, may not be compatible with CITY’s software formats and systems, may develop inaccuracies during conversion or use, and may contain viruses or other destructive programs, and that software and hardwar e operating systems may become obsolete. As a condition of delivery of electronic or magnetic data, CITY agrees to defend indemnify and hold CONTRACTOR, its sub-contractors, agents and employees harmless from and against all claims, loss, damages, expense and liability arising from or connected with its use, reuse, misuse, modification or misinterpretation. In no event shall CONTRACTOR be liable for any loss of use, profit or any other damage.
SECTION 6. EXTRA SERVICES.
No extra services over and above the Compensation shall be rendered by CONTRACTOR under this Agreement unless such extra services first shall have been duly authorized in writing by CITY’s City Manager (“City Manager”).
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SECTION 7. CITY SUPERVISION.
The Transportation Director shall have the right of general supervision of all work performed by CONTRACTOR and shall be CITY’s agent with respect to obtaining CONTRACTOR’s compliance hereunder.
No payment for services rendered under this Agreement shall be made without the prior approval of the City Manager.
SECTION 8. TERMINATION.
In the event that either Party hereto fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, the non -defaulting party shall give the defaulting party written notice of the default, the nature of the default, and of the steps necessary to cure the default.
A. Termination for Cause. In the event that any of the provisions of the Agreement are violated by either party, the non-defaulting Party may terminate the Agreement by serving written notice upon the other Party, listing the violation(s) and its intent to terminate such Agreement unless within ten (10) days after the serving of such notice, such violation shall cease or be rectified, the contract shall upon the expiration of an additional thirty (30) days cease and terminate. Violations by CONTRACTOR which cannot be corrected within ten (10) days, said contract shall at the option of CITY cease and terminate upon the giving of like notice. In the event of any such termination for default by CONTRACTOR, CITY may take over the work and prosecute the same to completion by contract or otherwise for the account and at the expense of CONTRACTOR. CONTRACTOR and his sureties shall be liable to CITY for any excess cost occasioned in the event of any such termination. This change shall not be construed to prevent the termination, for other causes authorized by law or other provisions of this contract. In the event of a termination for cause, CONTRACTOR shall only be entitled to the Compensation for those Professional Services satisfactory performed on or before the effective date of termination.
B. Termination for Convenience. CITY shall have the option, at its sole discretion and without cause, to terminate this Agreement in whole, or in part, after giving written notice to CONTRACTOR at least five (5) business days before the termination is to be effective. Upon the termination of this Agreement as provided herein, CITY shall provide to CONTRACTOR the part of Compensation which would otherwise be payable to CONTRACTOR for services CONTRACTOR had completed as of the date of termination, less the amount of all previous payment with respect to the Compensation. Further, upon such a terminat ion for convenience by CITY, the Parties agree that CONTRACTOR shall be reimbursed for any “non-refundable” costs that CONTRACTOR has incurred for its services under this Agreement, provided that: (1) such “non - refundable” costs were incurred by CONTRACTOR prior to the date of termination; (2) that CONTRACTOR provides CITY with adequate proof that CONTRACTOR incurred the costs, and is unable to be seek a refund for such costs; and (3) such costs were within the scope of work or services to be performed under this Agreement. Such “non-refundable” costs may include, but are not limited to, travel reservations incurred by CONTRACTOR for its performance of services under this Agreement. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of any notice of termination.
SECTION 9. EMPLOYMENT OF CITY EMPLOYEES.
No regular employee of CITY shall be employed by CONTRACTOR during the Term of this Agreement.
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SECTION 10. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES.
No official or employee of CITY shall be personally liable to CONTRACTOR in the event of any default or breach by CITY, or for any amount which may become due to CONTRACTOR.
SECTION 11. INDEPENDENT CONTRACTOR.
A. CONTRACTOR is and shall, at all times, remain as to CITY a wholly independent contractor.
Neither CITY nor any of its elected officials, officers, employees or agents shall have control over the conduct of CONTRACTOR except as expressly set forth in this Agreement. CONTRACTOR shall not at any time or in any manner represent that he is in any manner an elected official, officer, employee or agent of CITY. No employee benefits shall be available to CONTRACTOR in connection with the performance of this Agreement. Except as provided in this Agreement, CIT Y shall not pay salary, wages, or other compensation to CONTRACTOR for performance hereunder for CITY. CITY shall not be liable for compensation to CONTRACTOR, CONTRACTOR’s employees or CONTRACTOR’s sub-Contractors for injury or sickness arising out of performing services hereunder.
B. The parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
C. CITY shall not deduct from the Compensation paid to CONTRACTOR any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter en acted or required as a charge or withholding on the compensation paid to CONTRACTOR. CITY shall have no responsibility to provide CONTRACTOR, its employees or sub -Contractors with workers’ compensation insurance or any other insurance.
SECTION 12. PERS ELIGIBILITY INDEMNITY.
A. In the event that CONTRACTOR or any employee, agent, or sub -Contractor of CONTRACTOR providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retireme nt System (PERS) to be eligible for enrollment in PERS as an employee of CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONTRACTOR or its employees, agents, or sub-Contractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of CITY.
B. Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR and any of its employees, agents, and sub-Contractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by CITY, including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contribution to be paid by CITY for employer contribution and/or employee contributions for PERS benefits.
SECTION 13. LEGAL RESPONSIBILITIES.
CONTRACTOR shall at all times observe and comply with all applicable laws, ordinances, codes and regulations of the federal, state and local governments including, but not limited to the Montebello
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Municipal Code. CITY, and its appointed or elected officers, employees, or agents, sha ll not be liable at law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 14. INDEMNIFICATION.
CONTRACTOR agrees to, and shall defend, indemnify, protect and hold harmless, CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers from and against any and all claims, demands, lawsuits, defense costs, civil, penalties, expenses, causes of action, and judgments at law or in equity, or liability of any kind or nature which CITY, its ele cted and appointed boards, officers, officials, employees, agents and volunteers may sustain or incur or which may be imposed upon them for injuries or deaths of persons, or damage to property arising out of CONTRACTOR’S negligent or wrongful act, or omission under the terms of this Agreement, except only liability arising out of the sole negligence of CITY.
SECTION 15. INSURANCE COVERAGE.
During the Term of this Agreement, CONTRACTOR shall carry, maintain, and keep in full force and effect all of the fo llowing minimum scope of insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with CONTRACTOR’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
Commercial General Liability (CGL): Broad-form, Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury and property damage, including premise-operations, products- completed operations, broad form prop erty damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and advertising injury, with limits no less than Two Million Dollars and Zero Cents ($2,000,000), combined single limits, per occurrence. If a general aggregate limit applies, the limit shall be twice the required occurrence limit.
Business Automobile Liability Insurance: For owned vehicles, hired, and non-owned vehicles, Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if C ONTRACTOR has no owned autos, Code 8 (hired) and 9 (non -owned), with limit no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury and property damage.
Worker's Compensation insurance as required by the laws of the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than One Million Dollars and Zero Cents ($1,000,000.00) per accident for bodily injury or disease. CONTRACTOR agr ees to waive, and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers for losses arising from work performed by CONTRACTOR for CITY and to require each of its sub-Contractors, if any, to do likewise under their workers’ compensation insurance policies.
By executing this Agreement, CONTRACTOR further certifies as follows:
I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers’ Compensation or to undertake self-insurance before commencing any of the work contemplated herein.
Professional Errors and Omissions (E&O) Liability insurance appropriate to the CONTRACTOR’s
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profession, with limit no less than Two Million Dollars and Zero Cents ($2,000,000.00) per occurrence or claim, Two Million Dollars and Zero Cents ($2,000,000.00) aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. If the policy is written as a “claims made” policy, the retroactivity date shall be prior to the start of work set forth herein, CONTRACTOR shall obtain and maintain said E&O liability insurance during the Term of this Agreement and for five (5) years after completion of work hereunder. If coverage is canceled or non -renewed, and not replaced with another claims-made policy form with a retroactive date prior to the ef fective date of this Agreement, CONTRACTOR shall purchase “extended reporting” coverage for a minimum of five (5) years after completion of the work.
If CONTRACTOR maintains higher limits than the minimums shown above, CITY requires and shall be entitl ed to coverage for the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to CITY.
CONTACTOR shall require each of its sub-Contractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California, with a current rating of at least A: VII in the la test edition of Best's Insurance Guide, and approved by CITY.
Each insurance policy required herein shall state that coverage shall not be canceled, except after providing CITY thirty (30) days’ (or ten [10] calendar days’ for non -payment) prior written notice.
CONTRACTOR agrees that if it does not keep the aforesai d insurance in full force and effect CITY may either: (i) immediately terminate this Agreement for Cause; or (ii) take out the necessary insurance and pay, at CONTRACTOR’S expense, the premium thereon.
At all times during the Term of this Agreement, CONT RACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and naming CITY, its officers, agents, employees and volunteers as an additional insured. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate(s).
CONTRACTOR shall provide proof that policies of insurance required herein expiring during the Term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two (2) weeks prior to the expiration of the coverages.
The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days’ prior written notice to CITY. CONTRACTOR agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Except for professional liability and workers’ compensation policies, the policies herein are primary and non -contributing with any insurance that may be carried by CITY. Any insurance or self - insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of CONTRACTOR’s insurance and shall not contribute with it.
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All insurance coverage provided pursuant to this Agreement shall not prohibit CONTRACTOR, and CONTRACTOR’s employees, agents or sub -Contractors, from waiving the right of subrogation prior to a loss. CONTRACTOR hereby waives all rights of subrogation against CITY. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver if subrogation endorsement from the insurer.
Coverage not affected. Any failure to comply with the reporting provisions of the policies contemplated herein, shall not affect coverage provided to CITY, its elected and appointed boards, officers, officials, employees, agents and volunteers.
Coverage applies separately. CONTRACTOR’s i nsurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self -insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
Procurement of insurance by CONTRACTOR shall not be construed as a limitation of CONTRACTOR's liability or as fall performance of CONTRACTOR’s duties to indemnify, hold harmless and defend under Section 9 of this Agreement.
CITY, its officers and employees shall not be responsible for any claims in law or in equity occasioned by failure of CONTRACTOR to comply with this section.
SECTION 16. SUBCONTRACT, ASSIGNMENT OR DELEGATION.
CONTRACTOR shall not subcontract, delegate or assign its duties or rights hereunder, either in whole or in part, without the prior written consent of CITY. Any proposed subcontract, delegation, or assignment shall provide a description of the services to be covered, identification of the proposed sub- contractor, delegee, or assignee, and an explanation of why and how the same was selected, including the degree of competition involved.
Any subcontract, delegation or assignment shall be made in the name of CONTRACTOR and shall not bind or purport to bind CITY and shall not release CONTRACTOR from any obligations under this Agreement including, but not limited to, the duty to properly supervise and coordinate the work of employees, assignees, delegees or sub-contractors. No such subcontract, delegation or assignment shall result in any increase in the amount of total compensation payable to CONTRACTOR under the Agreement.
SECTION 17. NO WAIVER.
Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof.
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 t his Agreement or because of alleged dispute, breach,
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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.
E. The representations and warranties made by the parties to this Agreement shall survive the consummation of the transaction herein described.
F.
E. This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, de livered by facsimile transmission, shall for all purposes be treated as if it were delivered containing an original manual
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signature of the party whose signature appears in the facsimile and shall be binding upon such party in the same manner as though an originally signed copy had been delivered.
F. Each of the parties acknowledges that it has been represented by independent counsel of its own choosing, or if it has not been so represented, it has been admonished to obtain independent counsel and has freely and voluntarily waived and relinquished the right to counsel. Each party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such party’s failure to perform under this Agreement or any agreement referred to in this Agreement.
G. To the extent of a conflict between the terms of this Agreement and those set forth in any exhibits or attachments hereto, the terms of this Agreement shall govern.
SECTION 22. NOTICE.
All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals hereunder shall be given to the following addresses or such other addresses as the Parties may designate by written notice:
CITY MANAGER
City of Montebello
1600 West Beverly Boulevard
Montebello, California 90640
CONTRACTOR
________________________
________________________
________________________
________________________
SECTION 23. NON-DISCRIMINATION AND EQUAL OPPORTUNITY EMPLOYER.
In the performance of this Agreement, CONTRACTOR shall not discriminate against any employee, sub-contractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, mental condition or sexual orientation.
CONTRACTOR will take affirmative action to ensure that sub-contractor and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
SECTION 24. CONFLICT OF INTEREST.
CONTRACTOR and its officers, employees, associates and sub -Contractors, if any, shall comply with all California conflict of interest statutes applicable to Contractor’s Services under this Agreement, including, but not limited to, the Political Reform Act (Gov. Code, § 81000 et seq.) and Government Code Section 1090. CONTRACTOR further covenants that it presently has no interest and shall not acquire any
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interest, direct or indirect, which may be affected by the services to be performed by CONTRACTOR under this Agreement, or which would conflict in any manner with the performance of its services hereunder.
CONTRACTOR further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, CONTRACTO R shall avoid the appearance of having any interest that would conflict in any manner with the performance of its services pursuant to this Agreement.
CONTRACTOR covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to CITY as a result of the performance of this Agreement, or the services that may be procured by CITY as a result of the recommendations made by CONTRACTOR.
CONTRACTOR's covenant under this section shall survive the termination of this Agreement.
SECTION 25. ENTIRE AGREEMENT.
This Agreement contains the entire understanding between CITY and CONTRACTOR. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition or covenant of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall be valid and binding.
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CITY OF MONTEBELLO CONTRACTOR
_______________________ _____________________
René Bobadilla Name and Title
City Manager
Dated: _____________ Dated: _____________
ATTEST:
______________________
Christopher Jimenez
City Clerk
APPROVED AS TO FORM
________________________
Arnold M. Alvarez-Glasman
City Attorney
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SECTION 7 - FORMS AND CERTIFICATIONS
LETTER OF TRANSMITTAL
CITY OF MONTEBELLO
Transportation Department
SUBJECT: REQUEST FOR PROPOSAL NO. 23-8
COMPUTER-AIDED DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM In response to the subject Request for Proposal ( “RFP”) and in accordance with the accompanying Instructions to Proposers, the Proposer hereby commits to the City of Montebello to perform the work in accordance with the provisions in the Proposal Level Contract Documents and any addenda thereto and at the prices stated in the Revenue Price Sheet, which will be included and made a part of any subsequent agreement.
The Proposer agrees that the Proposal constitutes a firm offer that cannot be withdrawn for ninety (90) calendar days from the Proposal opening or until the Contract for the work is fully executed between the City and a third party, whichever is earlier.
If awarded a contract, the Proposer agrees to execute an agreement and deliver it to the City of Montebello within seven (7) calendar days after receiving a Letter of Award together with the necessary certificates of insurance and any applicable performance or payment bonds. The Contractor shall proceed with the work upon receipt of a Notice to Proceed.
The Proposer certifies that it has:
1. Examined and is fully familiar with all the provisions of the RFP Documents and any addenda thereto:
2. Satisfied itself as to the requirements of the Contract, the nature and location of the work, the general and local conditions to be encountered in performance of the work, and all other matters that can in any way affect the Work and/or the cost thereof.
3. Examined the experience, skill and certification requirements in Scope of Services and that the entities performing the work can fulfill the specified requirements; and
4. Carefully reviewed the accuracy of all statements and figures shown in the Proposal and attachment hereto.
Therefore, the undersigned hereby agrees that the City of Montebello will not be responsible for any errors or omissions in the Proposal.
The Proposer further certifies that:
1. The only persons, firms, corporations, joint ventures/partnerships, and/or other parties interested in the Proposal as principals are those listed as such in the Proposal Forms and that,
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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The undersigned ackn owledges 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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45 Montebello Bus Lines
(Joint ventures/partnerships are to provide a signed copy of their agreement with their Proposal.)
For proposals requiring licenses the following information is required:
Contractor’s License No.
Expiration Date:
License Classification:
CAD/AVL System RFP No. 23-8
EXHIBIT A
INDEMNIFICATION AND HOLD HARMLESS AGREEMENT AND WAIVER OF SUBROGATION AND CONTRIBUTION Contract/Agreement/License/Permit No. or description: RFP No. 23 -8, Computer -Aided Dispatch/Automatic Vehicle Location System
Indemnitor(s): __________________________________________________ (List all names)
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to protect, indemnify, and hold harmless the City of Montebello and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, co sts, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (col lectively “Liabilities”), resulting from any wrongful or negligent act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants , employees, subcontractors, material men, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above -referenced: RFP No. 22 -7, Unarmed Transit Security Guard Services (the “Waiver”) or the performance or failure to perform any term, provision, covenant, or condition of the Waiver, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent passive negligence by Indemnitees and shall operate to fully indemnify Indem nitees against any such negligence. This indemnity provision shall survive the termination of the Waiver and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Ind emnitee’s right to recover under this indemnity provision, and an entry of judgment against the Indemnitor shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney’s fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument sha ll be construed to encompass (a) Indemnitees’ active negligence or willful misconduct to the limited extent that the underlyi ng agreement is subject to Civil Code § 2782(a), or (b) the contracting public agency’s active negligence to the limited extent t hat the underlying agreement is subject to Civil Code § 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Waiver or any additional insured endorsements which may extend to Indemnitees.
City agrees to promptly inform Indemnitor in writing of any claim that City believes to be subject to this Waiver.
Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurren t, or subsequent non-active negligence by the Indemnitees.
In the event there is more than one person or entit y named in the Waiver as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several. “Indemnitor”
Name: __________________________________________________ Name: _______________________ (Print) (Print)
By: ________________________________ _________________ By: ________________________________ _________ (Signature) (Signature)
Title: ________________________________ ______________ Title: ________________________________ ______
Date: ________________________________ ________________ Date: ________________________________ ________
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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 Proposal shall include a statement that the insurance requirements set forth in the contract documents can be obtained and will be carried without reservation or exclusion should Proposer be awarded a contract pursuant to this RFP.
The successful Proposer shall at all times during the term of the awarded Agreement, carry, maintain, and keep in force and effect, with an insurance company admitted to do business in California, rated “A” or better in the most recent A.M. Best’s Insurance Rating Guide, and approved by the CITY, a policy or policies of:
A. Commercial General Liability Insurance using Insurance Services Office Commercial General Liability form CG 00 O1 or the exact equivalent. Defense costs must be paid in addition to limits.
There shall be no cross liability exclusion for claims or suits by one insured against another. Limits shall be no less than $1,000,000 per occurrence for all covered losses and no less than $2,000,000 general aggregate.
B. Business Auto Coverage on ISO Business Auto Coverage form CA 00 O1 including symbol 1 (Any Auto) or t he exact equivalent. Limits shall be no less than $1,0 00,000 per accident, comb ined single limit. If Contractor owns no vehicles, this requirement may be satisfied by a non -owned auto endorsement to the general liability policy described in the pre ceding s ubsection. If Contractor or Contractor’s employees will use personal autos in any way on this project, Contractor shall provide evidence of personal auto liability coverage for each such person.
C. Workers' Compensation insurance on a state approved policy f orm 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 Contractor and "Covered Professional Services" as designated in the policy must specifically include work performed under this Agreement. The policy limit shall be not less than $1,000,000 per claim and in the aggregate. The policy must "pay on behalf of' the insured and must include a provision establishing the insurer's duty to defend. The policy retroactive date shall be on or before the effective date of this Agree ment. City, it’s officers, employees, attorneys, and designated volunteers shall be named as additional insured on the policy, or policies, as to commercial general liability bodily injury and property damage coverage’s and automobile coverage’s with respect to liability arising out of successful Proposer’s work under this Agreement.
E. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to City via certified mail, return receipt requested, addressed to "Risk Manager," City of Montebello, 1600 West Beverly
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Boulevard, Montebello, California, 90640. Contractor agrees that it will not cancel, reduce or otherwise modify said insurance coverage.
F. Contractor shall submit to City (i) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (ii) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement".
CAD/AVL System RFP No. 23-8
EXHIBIT D
RFP No. 23-8
COMPUTER-AIDED DISPATCH/AUTOMATIC VEHICLE LOCATION SYSTEM COST PROPOSAL SHEET (Three Year Term)
In accordance with the Request for Proposal issued by the City of Montebello Transportation Department (hereinafter referred to as “Contractor/Proposer), the undersigned proposing company hereby agrees to furnish all necessary labor, materials and incidentals required for the above stated contract as set forth in the Scope of Work and any addenda thereto, and to perform all work in the manner and time prescribed therein.
ITEM # EXPENSE CATEGORY ESTIMATED QUANTITY
UNIT PRICE
GUARANTEED
NOT-TO-EXCEED
AMOUNT
1 Evaluate and assess MBL’s CAD/AVL system 1 $
2 Design and develop new CAD/AVL system 1 $
3 Removal and disposal of existing on-board bus CAD/AVL equipment 66 $ 4 New CAD/AVL equipment on-board CAD/AVL equipment (All Hardware, Wiring and Components) 66 $
5 On-board passenger display signs 66 $
6 Removal and disposal of existing wayside/infrastructure CAD/AVL equipment 1 $
7 New CAD/AVL equipment wayside/infrastructure CAD/AVL
equipment (All Hardware, Wiring and Components) 1 $
8 On-Site Installation and Labor for the complete on-board CAD/AVL equipment and display sign 66 $
9 Cloud and wayside CAD/AVL hardware and software installation and setup 1 $
10 Shipping and Handling (If Applicable) 1 $
11 Training, maintenance, and technical support costs for a period of three (3) years 3 $
Annual Total Cost $
GRAND TOTAL COST $
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* Note: Training, maintenance, and technical support
1. Must be included in your pricing.
2. Begins on date of installation completion and acceptance by the Director of Transportation.
List other costs/fees: Description Cost/Fees
___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________
Contact Information:
Name & Job Title:
Business Name:
Address:
City, State, Zip Code:
Phone Number:
E-mail Address:
Authorized Signature: Date:
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EXHIBIT E
STATEMENT OF
DISADVANTAGED BUSINESS ENTERPRISE PARTICIPATION
This proposal provides for the following Disadvantaged Business Enterprise participation:
Disadvantaged Business Enterprise
Firm Name
Address
Phone Number
Type of Business
Current DBE Certification? Yes* *No
*(If "Yes," attach copy of current Letter of Certification and copy of current Statement of Personal Net Worth.)
Total $
% of Total Contract
Signature: Date:
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EXHIBIT F
Bidder’s List of Subcontractors (DBE and Non-DBE)
Part I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 the Standard Specification and per Title 49, Section 26.11 of the Code of Federal Regulations. This listing is requir ed 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.)
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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.)
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EXHIBIT G
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER RESPONSIBILITY MATTERS -
PRIMARY COVERED TRANSACTIONS
The certifies to the best of it’s
(Firm Name/ Principle)
knowledge and belief, that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency:
2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of re cords, making false statements or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (2) of this certification; and
4. Have not within a three -year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause of default.
If unable to certify to any of the statements in this certification, the participant shall attach an explanation to this certification.
THE PRIMARY PARTICIPANT_______________________________________________________ CERTIFIES (Firm Name/Principal)
OR AFFIRMS THE TRUTHFULNESS AND ACCURACY OF THE CONTENTS OF THE STATEMENTS SUBMITTED ON OR WITH THIS CERTIFICATION AND UNDERSTANDS THAT THE PROVISIONS OF 31 U.S.C. SECTIONS 3801 ET SEQ. ARE APPLICABLE THERETO.
Signature and Title of Authorized Official
The undersigned chief legal counsel for the _____________________________________ hereby certifies that the ____________________________________ has authority under State and Local law to comply with the subject assurances that the certification above has been legally made.
Signature of Attorney Date
CAD/AVL System RFP No. 23-8
EXHIBIT H
PERFORMANCE GUARANTEE CERTIFICATION
The undersigned hereby certifies that the Contractor shall provide a Performance Guarantee in accordance with Specifications.
Designate below which form of Performance Guarantee shall be provided:
Performance Bond
Irrevocable Stand-By-Letter of Credit
Contractor’s Name:
Authorized Signature:
Title:
Date:
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EXHIBIT I
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Insert full name and address and legal title of Contractor) as Principal, hereinafter called Contractor, and,
(Insert full name and address or legal title of Surety) as Surety, hereinafter called Authority, in the amount of $_____________ for the payment whereof Contractor and Surety bind themselves, their heirs, executers, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated _______________________, 20____, entered into a contract with the City for Contract No.__________________, which contract is by reference made a part hereof, and is hereinafter referred to as the “Contract”.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time made by the City.
Whenever Contractor shall be, and is declared by the City to be in default under the Contract, the City having performed City’s obligations thereunder, the Surety may promptly remedy the default, or shall promptly
1. Complete the Contract in accordance with it terms and conditions, or
2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the City elects, upon determination by the City and the Surety jointly of the lowest res ponsible bidder, arrange for a contract between such bidder and the Authority, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragr aph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, the amount set forth in the first paragraph hereof.
The term "balance of the contract price," as used in this paragraph, shall mean the total amo unt payable by the City to Contractor under the Contract and any amendments thereto, less the amount properly paid by the City to Contractor.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the RECIPIENT or the heirs, executors, administrators or successors of the City.
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Signed and sealed this ____________________ day of 20____.
WITNESS PRINCIPLE
(SEAL)
(TITLE)
WITNESS SURETY
(SEAL)
(TITLE)
Attach hereto proof of authority of officers or agents to sign bond.
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EXHIBIT J
IRREVOCABLE STANDBY LETTER OF CREDIT CERTIFICATE
The undersigned states that he/she is of the of the
(Title)
(The “Beneficiary”) and hereby
(Name of Beneficiary)
Certifies on behalf of the Beneficiary to (the "Bank), with (Name of Issuing Bank)
Reference to Irrevocable Standby Letter of Credit No. Issued by the
Bank (the "Letter of Credit"), that:
1. The undersigned is duly authorized to execute and deliver this certificate on behalf of the Beneficiary.
2. The Beneficiary is making a drawing under the Letter of Credit.
3. An Event of Default has occurred under Contract No.
4. The amount of the draft presented with this certificate does not exceed the total maximum amount drawable today under the Letter of Credit as provided therein.
IN WITNESS WHEREOF, this certificate is executed this __________________ day of_____, 20____.
NAME OF BENEFICIARY
By:
Its:
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EXHIBIT K
Bank Draft
FOR VALUE RECEIVED
Pay on the presentment to the sum of
(Name of Beneficiary) Dollars ($)
Charge to the Account of Irrevocable Standby Letter of (Name of Issuing Bank)
Credit No. Dated:
To
(Name of Issuing Bank)
NAME OF BENEFICIARY
By
Its
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RESOLUTION NO. 23-15
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTEBELLO
APPROVING AND ALLOWING CERTAIN CLAIMS AND DEMANDS
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTEBELLO HEREBY RESOLVES, FINDS, AND DECLARES AS FOLLOWS:
SECTION 1. That the reference is hereby made to that certain Reg ister of Audited Demand No.1546, consisting of 9 pages, and including:
Warrant No.
General: Checks No. 598918 through 599062
ACH No. 3566 through 3655
Successor Agency: ACH No. 12 through 12
On file in the office of the City Clerk, the same having been audited and approved by the Assistant Director of Finance as required by law.
SECTION 2. That the said City Council having examined each such demand does hereby approve and direct the payment of same, as set forth in said Register, except the following Warrant No.
______________________________
______________________________
______________________________
SECTION 3. That the City Clerk shall certify to the passage and adoption of this Resolution and that the same shall be in full force and effect.
APPROVED AND ADOPTED this 22nd day of February 2023.
_______________________________
David N. Torres, Mayor
ATTEST: APPROVED AS TO FORM:
_______________________ ________________________________
RESOLUTION NO. 23-15
• Exhibit A – Warrant Register
Christopher Jimenez, City Clerk Arnold M. Alvarez-Glasman, City Attorney
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS:
CITY OF MONTEBELLO )
I, Christopher Jimenez, City Clerk of the City of Montebello, County of Los Angeles, State of California, hereby certify that th e foregoing Resolution No.2 3-15 was pa ssed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meet ing of said Council held on the 22nd day of February 2023 and that said Resolution was adopted by the following vote, to-wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
The undersigned, City Clerk of the City of Montebello, does hereby attest and certify that the foregoing Resolution is a true, full and correct copy of a resolution duly adopted at a meeting of said City which was duly convened and held on the date stated thereon, and that said document has not been amended, modified, repealed or rescinded since its date of adoption and is in full force and effect as of the date hereof.
DATE: __
Christopher Jimenez, City Clerk
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
General Account
3566 02/02/2023 $8,220.00 SALES TAX LIABILITY 2307 CALIF DEPT OF TAX AND FEE ADMINISTRATION 3567 02/02/2023 $443,197.11 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 3568 02/02/2023 $450,610.20 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 3569 02/02/2023 $1,176.46 SUPPLIES 3163 BANK OF AMERICA 3570 02/02/2023 $1,789.53 SUPPLIES 3163 BANK OF AMERICA 3571 02/02/2023 $608.48 SUPPLIES 3163 BANK OF AMERICA
3572 02/02/2023 $1,426.12 SUPPLIES 3163 BANK OF AMERICA 3573 02/02/2023 $126.50 SUPPLIES 3163 BANK OF AMERICA
3574 02/02/2023 $234.01 SUPPLIES 3163 BANK OF AMERICA
3575 02/02/2023 $33,136.13 VEHICLE PURCHASES 1700 72 HOUR LLC 3576 02/02/2023 $1,500.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 3577 02/02/2023 $2,045.00 CONTRACT SERVICES 38010 ADVANCED AVANT-GARDE CORPORATION 3578 02/02/2023 $1,632.95 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3579 02/02/2023 $6,359.99 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3580 02/02/2023 $360,937.60 CONTRACT SERVICES 40970 ARAKELIAN ENTERPRISES 3581 02/02/2023 $367.79 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 3582 02/02/2023 $309.82 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3583 02/02/2023 $213.00 SUPPLIES 3091 DOUBLE DIAMOND INVESTMENT GROUP INC 3584 02/02/2023 $1,683.24 CONTRACT SERVICES 2057 EVERNORTH BEHAVIORAL HEALTH 3585 02/02/2023 $194.40 VEHICLE MAINTENANCE/EXPENSES 22560 H & H AUTO PARTS WHOLESALE 3586 02/02/2023 $3,962.50 CONTRACT SERVICES 46870 HDL COREN & CONE 3587 02/02/2023 $2,728.34 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 3588 02/02/2023 $5,831.09 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 3589 02/02/2023 $450.00 CONTRACT SERVICES 16760 LIEBERT CASSIDY WHITMORE 3590 02/02/2023 $304.15 CONTRACT SERVICES 3276 MARK ROBERT LOPEZ 3591 02/02/2023 $1,302.74 VEHICLE MAINTENANCE/EXPENSES 479 MCMASTER-CARR SUPPLY COMPANY City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
3592 02/02/2023 $12,731.95 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3593 02/02/2023 $21,000.00 CONTRACT SERVICES 3491 NAVIRETAIL INC 3594 02/02/2023 $171.57 CONTRACT SERVICES 952 RELIANT IMMEDIATE CARE MEDICAL GROUP INC 3595 02/02/2023 $2,924.22 SUPPLIES 2594 THE SAUCE CREATIVE SERVICES CORP 3596 02/02/2023 $72,975.82 FUEL INVENTORY 1059 AMBER RESOURCES LLC 3597 02/02/2023 $1,993.53 SUPPLIES 3088 WAXIES ENTERPRISES LLC 3598 02/02/2023 $235.00 CONTRACT SERVICES 2865 WEBSTERS BEE REMOVAL SERVICES 3599 02/09/2023 $1,775.19 SUPPLIES 3163 BANK OF AMERICA 3600 02/09/2023 $2,535.98 SUPPLIES 3163 BANK OF AMERICA 3601 02/09/2023 $240.31 SUPPLIES 3163 BANK OF AMERICA
3602 02/09/2023 $44.04 SUPPLIES 3163 BANK OF AMERICA
3603 02/09/2023 $1,496.12 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3604 02/09/2023 $450.87 SUPPLIES 3163 BANK OF AMERICA
3605 02/09/2023 $113.81 SUPPLIES 3163 BANK OF AMERICA
3606 02/09/2023 $1,141.09 SUPPLIES 3163 BANK OF AMERICA 3607 02/09/2023 $466.56 SUPPLIES 3163 BANK OF AMERICA
3608 02/09/2023 $1,225.76 TRAINING 3163 BANK OF AMERICA 3609 02/09/2023 $2,124.69 TRAINING 3163 BANK OF AMERICA 3610 02/09/2023 $1,608.68 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3611 02/09/2023 $4,867.03 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3612 02/09/2023 $5,305.90 SUPPLIES 3163 BANK OF AMERICA 3613 02/09/2023 $3,794.32 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3614 02/09/2023 $2,672.10 SUPPLIES 3163 BANK OF AMERICA 3615 02/09/2023 $766.43 SUPPLIES 3163 BANK OF AMERICA
3616 02/09/2023 $8,147.56 SUPPLIES 3163 BANK OF AMERICA 3617 02/09/2023 $1,067.00 TRAINING 3163 BANK OF AMERICA 3618 02/09/2023 $4,626.17 TRAINING 3163 BANK OF AMERICA 3619 02/09/2023 $2,929.74 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
3620 02/09/2023 $434,981.73 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 3621 02/09/2023 $461,424.84 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 3622 02/09/2023 $480,661.62 PERS GROUP INSURANCE PAYABLE 17 CAL PERS 3623 02/09/2023 $1,500.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 3624 02/09/2023 $150,739.59 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES 3625 02/09/2023 $392.85 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 3626 02/09/2023 $64,793.12 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 3627 02/09/2023 $20.92 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3628 02/09/2023 $4,984.82 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3629 02/09/2023 $400.00 CONTRACT SERVICES 2365 LETICIA TORRES 3630 02/09/2023 $15,090.10 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3631 02/09/2023 $3,169.48 CONTRACT SERVICES 3588 ANTHONYS PORTABLE RESTROOMS INC 3632 02/09/2023 $520,937.60 CONTRACT SERVICES 40970 ARAKELIAN ENTERPRISES 3633 02/09/2023 $341.78 ADVERTISING/PRINTING SERVICES 35980 SAEED RADMEHR 3634 02/09/2023 $1,476.48 CONTRACT SERVICES 1237 AZTECA LANDSCAPE 3635 02/09/2023 $500.00 MACHINERY & EQUIPMENTS 72 COGRAN SYSTEMS LLC 3636 02/09/2023 $996.74 SUPPLIES 21690 COLUMBIA BUSINESS FORMS INC 3637 02/09/2023 $2,143.04 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3638 02/09/2023 $24,720.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 3639 02/09/2023 $213.00 SUPPLIES 3091 DOUBLE DIAMOND INVESTMENT GROUP INC 3640 02/09/2023 $851.58 CONTRACT SERVICES 2057 EVERNORTH BEHAVIORAL HEALTH 3641 02/09/2023 $6,333.10 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 3642 02/09/2023 $34.00 CONTRACT SERVICES 23660 DAIOHS USA 3643 02/09/2023 $49,100.00 CONTRACT SERVICES 1175 GRAPHIC ELECTRIC INC 3644 02/09/2023 $258,400.00 CONTRACT SERVICES 3905 LOS ANGELES ENGINEERING, INC. 3645 02/09/2023 $11,007.00 CONTRACT SERVICES 3301 MATER MONTEBELLO LTD PARTNERSHIP 3646 02/09/2023 $6,545.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 3647 02/09/2023 $9,199.75 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
3648 02/09/2023 $28,387.11 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3649 02/09/2023 $2,109.05 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 3650 02/09/2023 $348.00 CONTRACT SERVICES 3285 DIANA E RAMIREZ 3651 02/09/2023 $11,569.52 FUEL 1059 AMBER RESOURCES LLC 3652 02/09/2023 $844.91 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 3653 02/09/2023 $1,077.53 CONTRACT SERVICES 3176 PHILLIP SISNEROS 3654 02/09/2023 $39,264.98 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 3655 02/09/2023 $262.93 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA ACH TOTAL $4,084,600.76
598918 02/02/2023 $209.30 TRAVEL & MEETINGS 3849 GARY T ROBINSON 598919 02/02/2023 $4,004.36 UTILITY SERVICES 1732 AT&T CORP 598920 02/02/2023 $8,150.00 CONTRACT SERVICES 3956 ADVANCED PROBLEM SOLVING LLC 598921 02/02/2023 $100.00 FUEL 22520 HENRY AGUILAR JR
598922 02/02/2023 $276.25 SUPPLIES 1870 ALEX & E PARTY RENTALS 598923 02/02/2023 $168.98 UTILITY SERVICES 39550 AT&T
598924 02/02/2023 $4,100.00 CONTRACT SERVICES 3868 ATLANTIC STRATEGIES, LLC 598925 02/02/2023 $20,725.00 CONTRACT SERVICES 2854 AUTOMATED GATE SERVICES INC 598926 02/02/2023 $4,605.00 CONTRACT SERVICES 17870 THE BANK OF NEW YORK MELLON 598927 02/02/2023 $1,281.37 SUPPLIES 159 BOUND TREE MEDICAL LLC 598928 02/02/2023 $1,186.87 SUPPLIES 3822 BRIGGS & STRATTON LLC 598929 02/02/2023 $277.84 DUES & SUBSCRIPTIONS 41840 CALIFORNIA PARK AND RECREATION SOCIETY (CPRS) 598930 02/02/2023 $659.04 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 598931 02/02/2023 $765.70 CONTRACT SERVICES 40850 MARIA E CASAS 598932 02/02/2023 $8,513.64 CONTRACT SERVICES 52710 CLEAN ENERGY FUELS 598933 02/02/2023 $140.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 598934 02/02/2023 $687.51 SUPPLIES 2455 HASA, INC.
598935 02/02/2023 $5,457.38 CONTRACT SERVICES 2941 CONVEYOR MANUFACTURING & SERVICE INC
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
598936 02/02/2023 $4,143.66 VEHICLE MAINTENANCE/EXPENSES 1461 CREATIVE BUS SALES INC 598937 02/02/2023 $3,775.73 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 598938 02/02/2023 $45,839.92 OTHER GROUP INSURANCE PAYABLE 4110 DELTA DENTAL OF CALIFORNIA 598939 02/02/2023 $70.79 SUPPLIES 29090 DFM ASSOCIATES
598940 02/02/2023 $1,007.68 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 598941 02/02/2023 $16,800.00 CONTRACT SERVICES 2222 ELEVATOR SUPPORT SERVICES INC 598942 02/02/2023 $5,193.59 UNIFORM EXPENSE 1528 FAN4LIFEDECALS 598943 02/02/2023 $4,051.68 SUPPLIES 2523 THE BEISTLE COMPANY 598944 02/02/2023 $4,070.38 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 598945 02/02/2023 $770.36 UNIFORM EXPENSE 55650 GALLS LLC 598946 02/02/2023 $3,463.84 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 598947 02/02/2023 $246,002.48 CONTRACT SERVICES 13750 CITY OF GLENDALE 598948 02/02/2023 $127.31 CONTRACT SERVICES 1650 GOLDEN STATE ELEVATOR SERVICE INC 598949 02/02/2023 $6,918.00 TRAINING 32140 GOLDEN WEST COLLEGE 598950 02/02/2023 $633.76 EDUCATION REIMBURSEMENT 3542 GUADALUPE HERNANDEZ 598951 02/02/2023 $236.36 VEHICLE MAINTENANCE/EXPENSES 582 HYDRAULIC ELECTRIC INC 598952 02/02/2023 $3,904.00 CONTRACT SERVICES 3044 KAIZER RANGWALA 598953 02/02/2023 $94,427.87 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 598954 02/02/2023 $1,065.51 TRAVEL & MEETINGS 2316 SALVADOR MELENDEZ 598955 02/02/2023 $6,175.85 CONTRACT SERVICES 3942 NATIONAL GOLF FOUNDATION CONSULTING, INC. 598956 02/02/2023 $1,991.67 SUPPLIES 1474 NATIONAL TRENCH SAFETY 598957 02/02/2023 $735.00 SUPPLIES 3516 NATIONWIDE MEDICAL SURGICAL INC 598958 02/02/2023 $3,748.50 VEHICLE MAINTENANCE/EXPENSES 1625 NATIONWIDE TRANSIT SALES INC 598959 02/02/2023 $225.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 598960 02/02/2023 $3,743.56 CONTRACT SERVICES 3887 NICK BARBIERI TRUCKING, LLC 598961 02/02/2023 $15,395.00 CONTRACT SERVICES 2673 NTH GENERATION COMPUTING INC 598962 02/02/2023 $1,001.30 CONTRACT SERVICES 41180 MANUEL NUNEZ 598963 02/02/2023 $594.95 SUPPLIES 15620 OFFICE DEPOT INC
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
598964 02/02/2023 $13,111.93 CONTRACT SERVICES 3279 PROCURE AMERICA INC 598965 02/02/2023 $215.00 VEHICLE MAINTENANCE/EXPENSES 3381 MARTIN RAMIREZ 598966 02/02/2023 $917.49 CONTRACT SERVICES 1645 RJN INVESTIGATIONS INC 598967 02/02/2023 $52,025.38 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 598968 02/02/2023 $6,394.21 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 598969 02/02/2023 $44,717.77 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 598970 02/02/2023 $118.74 VEHICLE MAINTENANCE/EXPENSES 168 SOUTHERN COACH MFG CO INC 598971 02/02/2023 $636.52 MACHINERY & EQUIPMENTS 3961 STEADYRACK USA 598972 02/02/2023 $855.08 CONTRACT SERVICES 3397 STERICYCLE INC 598973 02/02/2023 $7,966.02 UTILITY SERVICES 526 T-MOBILE USA INC 598974 02/02/2023 $100.00 DUES & SUBSCRIPTIONS 526 T-MOBILE USA INC 598975 02/02/2023 $198.00 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 598976 02/02/2023 $8,189.42 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 598977 02/02/2023 $1,210.00 TRAINING 611 USDOT DBA TRANSPORTATION SAFETY INSTITUTE 598978 02/02/2023 $36,475.00 CONTRACT SERVICES 1639 TRANSTECH ENGINEERS INC 598979 02/02/2023 $967.80 SUPPLIES 45120 ULINE INC
598980 02/02/2023 $1,222.78 SUPPLIES 131 UNITED SITE SERVICES INC 598981 02/02/2023 $7,645.60 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 598982 02/02/2023 $12,677.26 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 598983 02/02/2023 $6,800.00 CONTRACT SERVICES 3931 VERITONE, INC. 598984 02/02/2023 $508.18 UTILITY SERVICES 23610 VERIZON WIRELESS 598985 02/02/2023 $78.06 SUPPLIES 9470 W W GRAINGER INC 598986 02/02/2023 $494.87 SUPPLIES 67320 WINZER CORPORATION 598987 02/02/2023 $1,141.00 CONTRACT SERVICES 71170 YOUNG ELECTRIC SIGN COMPANY 598988 02/08/2023 $1,288.60 MISCELLANEOUS EXPENSE 3973 DON OLGUIN 598989 02/09/2023 $935.00 PARKS AND RECREATION 3976 ANDROMEDA CHENG BRONESTEIN 598990 02/09/2023 $59.03 UTILITY SERVICES 1732 AT&T CORP 598991 02/09/2023 $3,596.37 SUPPLIES 1670 ADAMSON POLICE PRODUCTS
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
598992 02/09/2023 $140.84 SUPPLIES 48480 ALCO TARGET COMPANY 598993 02/09/2023 $6,534.00 CONTRACT SERVICES 3968 ALCOA TRAFFIC CONTROL 598994 02/09/2023 $235.28 TRAVEL & MEETINGS 2534 LETICIA ANTUNA 598995 02/09/2023 $108.90 CONTRACT SERVICES 3488 ASPIRE RX INC 598996 02/09/2023 $424.85 UTILITY SERVICES 39550 AT&T
598997 02/09/2023 $4.77 UTILITY SERVICES 39550 AT&T
598998 02/09/2023 $5,197.28 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 598999 02/09/2023 $8,200.00 CONTRACT SERVICES 3868 ATLANTIC STRATEGIES, LLC 599000 02/09/2023 $324.58 VEHICLE MAINTENANCE/EXPENSES 74990 AUTOZONE INC 599001 02/09/2023 $13,600.00 CONTRACT SERVICES 3953 BANNER BANK 599002 02/09/2023 $200.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 599003 02/09/2023 $2,290.89 SUPPLIES 61240 CARD INTEGRATORS CORPORATION 599004 02/09/2023 $297.63 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 599005 02/09/2023 $377.13 UNIFORM EXPENSE 3173 HERMES CARBAJAL 599006 02/09/2023 $1,741.15 CONTRACT SERVICES 425 JOSEPH M SEPULVEDA 599007 02/09/2023 $1,022.58 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599008 02/09/2023 $5,855.80 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 599009 02/09/2023 $700.00 CONTRACT SERVICES 2759 D F POLYGRAPH 599010 02/09/2023 $201.40 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 599011 02/09/2023 $1,555.00 CONTRACT SERVICES 2019 DEWEY SERVICES INC 599012 02/09/2023 $70.00 PARKS AND RECREATION 3376 ANA ESPINOZA 599013 02/09/2023 $225.00 CONTRACT SERVICES 3934 EVERYTABLE PBC 599014 02/09/2023 $810.79 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 599015 02/09/2023 $14,731.79 MACHINERY & EQUIPMENTS 3967 FRACTAL 599016 02/09/2023 $50,000.00 CONTRACT SERVICES 13750 CITY OF GLENDALE 599017 02/09/2023 $368.00 EDUCATION REIMBURSEMENT 3618 GABRIEL GONZALEZ 599018 02/09/2023 $700.00 GENERAL GOVERNMENT 3970 CHARLOTTE GUTIERREZ 599019 02/09/2023 $6,112.50 CONTRACT SERVICES 2728 H & V CUSTOM OFFICE CUBICLES CORP
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
599020 02/09/2023 $417.00 EDUCATION REIMBURSEMENT 3528 ESTEFANIA HERNANDEZ 599021 02/09/2023 $578.40 EDUCATION REIMBURSEMENT 568 JUAN M HERNANDEZ 599022 02/09/2023 $5,000.00 MISCELLANEOUS EXPENSE 1100 UNITED STATES TREASURY 599023 02/09/2023 $1,689.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS 599024 02/09/2023 $11,899.50 CONTRACT SERVICES 3302 JACOB GREEN & ASSOCIATES INC 599025 02/09/2023 $680.00 CONTRACT SERVICES 2942 JAIROS PLUMBING INC 599026 02/09/2023 $197.80 CONTRACT SERVICES 3035 LA COUNTY SHERIFF'S DEPARTMENT 599027 02/09/2023 $2,785.00 BUILDING IMPROVEMENTS 3969 JLM ENVIRONMENTAL 599028 02/09/2023 $250.00 GENERAL GOVERNMENT 3971 VANESSA MARIN 599029 02/09/2023 $6,929.26 CONTRACT SERVICES 1073 MONJARAS & WISMEYER GROUP INC 599030 02/09/2023 $14,923.29 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 599031 02/09/2023 $368.26 CONTRACT SERVICES 34750 MBN SERVICES INC 599032 02/09/2023 $5,385.00 CONTRACT SERVICES 3569 MYNP COM NURSING CORPORATION 599033 02/09/2023 $9,800.00 CONTRACT SERVICES 3942 NATIONAL GOLF FOUNDATION CONSULTING, INC. 599034 02/09/2023 $17.64 SUPPLIES 1474 NATIONAL TRENCH SAFETY 599035 02/09/2023 $112.30 SUPPLIES 15620 OFFICE DEPOT INC 599036 02/09/2023 $46.56 UTILITY SERVICES 100 PICO WATER DISTRICT 599037 02/09/2023 $400.00 TRAINING 979 PRADO FAMILY SHOOTING RANGE 599038 02/09/2023 $3,871.76 UNIFORM EXPENSE 161 PREMIERE CUSTOM SILKSCREENING 599039 02/09/2023 $4,813.64 CONTRACT SERVICES 3279 PROCURE AMERICA INC 599040 02/09/2023 $361.18 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 599041 02/09/2023 $4,500.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOC., INC. 599042 02/09/2023 $150.00 VEHICLE MAINTENANCE/EXPENSES 3381 MARTIN RAMIREZ 599043 02/09/2023 $741.50 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 599044 02/09/2023 $60.00 PARKS AND RECREATION 3972 FRANCISCO RIVERA 599045 02/09/2023 $375,449.38 CONTRACT SERVICES 3191 RL CONTROLS LLC 599046 02/09/2023 $4,967.26 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 599047 02/09/2023 $109,310.38 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON
EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VEND
OR #
VENDOR NAME
City of Montebello
Register of Demands No. 1546
From Payment Date 01/27/23 - To Payment Date 02/09/23
599048 02/09/2023 $136,240.98 FUEL INVENTORY 40520 SOUTHERN CALIFORNIA GAS CO 599049 02/09/2023 $858.39 FRINGE BENEFITS 1990 STANDARD INSURANCE COMPANY 599050 02/09/2023 $26,498.00 PERMITS AND FEES 13330 STATE WATER RESOURCES CONTROL BOARD ACCOUNTING OFFICE 599051 02/09/2023 $18,512.00 PERMITS AND FEES 13330 STATE WATER RESOURCES CONTROL BOARD ACCOUNTING OFFICE 599052 02/09/2023 $855.08 CONTRACT SERVICES 3397 STERICYCLE INC 599053 02/09/2023 $192.61 DUES & SUBSCRIPTIONS 41430 THOMSON REUTERS - WEST 599054 02/09/2023 $27,009.66 CONTRACT SERVICES 3187 TRISTAR RISK MANAGEMENT 599055 02/09/2023 $824.00 TRAINING 2699 KIM TUNRER
599056 02/09/2023 $3,514.47 CONTRACT SERVICES 20070 UC REGENTS 599057 02/09/2023 $8,192.40 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICE LP 599058 02/09/2023 $4,955.32 CONTRACT SERVICES 3941 UNLIMITED POWER SOLUTIONS 599059 02/09/2023 $6,612.15 UTILITY SERVICES 23610 VERIZON WIRELESS 599060 02/09/2023 $4,995.00 CONTRACT SERVICES 3858 WEATHERBY PARENT, LLC 599061 02/09/2023 $11,010.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 599062 02/09/2023 $10,919.53 SUPPLIES 6390 ZOLL MEDICAL CORPORATION GPO Check Total $1,696,890.96
Successor Agency(SA)
12 02/09/2023 $4,491.90 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN SA Total $4,491.90
Grand Total $5,785,983.62
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING AGENDA
MINUTES
THURSDAY, NOVEMBER 10, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:14 p.m.
ROLL CALL
Members present were Mayor Cobos-Cawthorne, Mayor Pro Tem Jimenez, and Councilmember Melendez.
Councilmembers Torres and Peralta were absent. City Clerk Jimenez and City Treasurer Gutierrez were also present.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
At this time, the general public may only address the City Council/PFA during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person.
State Law prohibits the City Council/PAF 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/Chairperson and Board Members.
The City Clerk’s Office acknowledged two(2) written public comments submitted to the City’s public comment email address. Said comments are on file at the City Clerk’s office. No speaker cards were submitted by the public.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:15 p.m. to consider the following Closed Session items:
1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property: 901 Via San Clemente, Montebello CA
Agency’s Negotiator: René Bobadilla, City Manager
Negotiating Party: Topgolf, Quiet Cannon Management, Inc., and Affiliated Entities Under Negotiation: Price and Terms
REGULAR SESSION – IMMEDIATELY FOLLOWING CLOSED SESSION
DRAFT
I
ITEM # 11
November 10, 2022: City Council and Public Financing Authority Meeting Minutes
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 5:40 p.m.
All three members were present to discuss the Closed Session item. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a presentation was provided on Item No. 1, no action was taken, and nothing to report.
CORRECTIONS TO THE AGENDA CITY MANAGER
None.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
City Manager Bobadilla announced the Veterans Day Ceremony at City Park scheduled for November 11, 2022.
CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine. Any items a Councilmember/Board Member 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.
Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez, that Item No’s. 2-4, be approved; the motion passed unanimously. Councilmember Torres and Peralta were absent.
2. ADOPT RESOLUTION NO. 22-84 APPROVING PLANS AND SPECIFICATIONS FOR THE MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF MONTEBELLO; APPROVING A CONTRACT WITH MCCARTHY
BUILDING COMPANIES FOR CONSTRUCTION AND CONSTRUCTION MANAGEMENT SERVICES FOR THE MONTEBELLO DRIVING RANGE PROJECT – TOPGOLF MONTEBELLO, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
RECOMMENDATION: It is recommended that the City Council and Public Financing Authority:
1. Approve final plans and specifications for the Montebello Driving Range Project – Topgolf Montebello (“Project”) prepared by Aria Group Architects, Inc.; and
2. Approve the waiver of competitive bidding and find that McCarthy Building Companies is the only available and qualified contractor to provide the professional and construction services required to develop the Project; and
3. Approve and award a Guaranteed Maximum Price (GMP) Construction Contract to McCarthy Building Companies for construction and construction management services for the Project; and
4. Approve a Notice of Exemption under the California Environmental Quality Act (CEQA) for the subject project and authorize the City Clerk to file the Notice of Exemption with the Los Angeles County Registrar- Recorder; and
5. Authorize the City Manager to make necessary non-monetary changes to the Construction Contract within the Guaranteed Maximum Price (not-to-exceed the net proceeds of the bonds) before execution; and
6. Authorize the City Manager to execute the Construction Contract in a form approved by the City Attorney; and
7. Take any other additional actions necessary.
Approved unanimously.
3. AWARD OF CONSTRUCTION CONTRACT - MONTEBELLO MUNICIPAL GOLF COURSE RENOVATION PROJECT PHASE 2 (CP NO. 894-2)
RECOMMENDATION: It is recommended that the City Council and Public Financing Authority:
1. Award a construction contract for the Montebello Municipal Golf Course Renovation Project Phase 2 (CP No. 894-2) in the amount of $9,664,658 to American Landscape, Inc.; and
2. Authorize the Director of Public Works to review and approve change orders within a five percent (5%) contingency of the contract amount; and
3. Authorize the City Manager to execute the Contract Agreement on behalf of the City; and
4. Approve the updated Total Project Budget (Attachment A); and
5. Approve the Notice of Exemption (Attachment D) for the subject project and authorize the City Clerk to file the Notice of Exemption with Los Angeles Registrar-Recorder; and DRAFT
November 10, 2022: City Council and Public Financing Authority Meeting Minutes
6. Take such additional, related, action that may be desirable.
Approved unanimously.
4. REPORT OF EMERGENCY WATER SYSTEM REPAIRS
RECOMMENDATION: It is recommended that the City Council and Public Financing Authority:
1. Receive and file the City Manager’s report of two emergency repairs to the City’s Water System pursuant to Montebello Municipal Code Section 3.20.140 and Public Contracts Code Section 22035; and
2. Determine and find that the Water System repairs are required to prevent a catastrophic failure of a portion of the system affecting the domestic and fire suppression water supply to numerous commercial and residential customers; and
3. By a four-fifths vote of the City Council authorize the dispensing of a formal bidding procedure for the Water System repairs, in accordance with California Public Contract Code Section 22035 and Montebello Municipal Code Chapter 3.20.140; and
4. Authorize the City Manager to finalize a standard construction agreement with Mike Bubalo Construction Co. for the replacement of the fire suppression service for the Quiet Cannon and Hilton Garden Inn at an estimated total cost of $400,000; and
5. Authorize the City Manager to increase the Fiscal Year 2022-23 Purchase Order for San Gabriel Valley Water Company for Agreement No. 2883 in the amount of $125,000 for the replacement of a failing pressure reducing valve located at 2323 Via Campo; and
6. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $525,000 in Account No. 605- 99-6040.55 (Water Fund, Contract Services – Water System Maintenance) for the emergency repairs; and
7. Take such additional, related, action that may be desirable.
Approved unanimously.
ADJOURNMENTThe City of Montebello will adjourn to the next Regular Meeting on November 16, 2022 at 5:00 p.m. which can be live streamed at https://www.montebelloca.gov/government/live_streaming (Click on Live Stream).
Date and Posted: November 9, 2022
I, Alicia Fernandez, Sr. Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda has been posted on or before Wednesday, November 9, 2022 no later than 5:00 p.m.
Alicia Fernandez, Sr. Deputy City Clerk
Councilmember Melendez motioned, seconded by Mayor Pro Tem Jimenez to adjourn the meeting at 5:46 p.m.
THE MINUTES OF NOVEMBER 10, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 22ND DAY OF FEBRUARY 2023.
DRAFT
Special Meeting Comments
1 Guillen, Kimberly (Admin)
From: Scarlet Peralta <[email protected]>
Sent: Thursday, November 10, 2022 12:11 PM
To: comment, ccpublic; Arnold Alvarez-Glasman; Peralta, Scarlet Subject: [External Email] Public Comment for Tonight's Special Meeting I'm requesting that this public comment be read into the record during today's special meeting.
Mayor and Council Colleagues,
Due to the 24-hour notice of this special meeting, I will not be able to attend due to being out of town on a conflicting commitment. I kindly request that moving forward the Council be notified and receive prior notice to special meetings before being posted online, to allow us to rearrange our schedule or participate remotely. I request that my colleagues consider tabling the items on today's 164-page agenda to Nov 16's scheduled council meeting. The City Council and our residents deserve more than a 24-hour window to analyze and read over these items.
Thank you,
--
Scarlet Ohara Peralta, MPP
[email protected]
Tel: (323) 236-9326
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Guillen, Kimberly (Admin)
From: Torres, David
Sent: Thursday, November 10, 2022 2:07 PM
To: comment, ccpublic
Cc: Jimenez, Christopher
Subject: 11/10/2022 Special Meeting
Please read this public comment into the record during today's special meeting.
Mayor and City Council:
Please excuse this evening’s absence. There was no projected meeting date when I checked with the city manager on 11/2, and no update or council poll this week to confirm our availability. The agenda was posted nearly exactly 24 hours in advance which prevented me from giving proper Brown Act notice of participating by teleconference.
The mayor should be considerate of the obligations of council and staff. Communicating prospective meetings in advance of posting will make a more effective organization by ensuring business can be conducted, and a more inclusive organization by valuing the participation of the entire body.
Lastly, I ask the items for today’s meeting be continued to the meeting of November 16.
Warm regards,
David N. Torres, Councilmember
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640
Office: (323) 887-1200
Direct: (323) 945-8281
Email: [email protected]
www.cityofmontebello.com<http://www.cityofmontebello.com>
CITY OF MONTEBELLO
ADJOURNED CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
MINUTES
WEDNESDAY, DECEMBER 21, 2022 AT 5:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Torres called the Adjourned City Council and Public Financing Authority Joint Regular Meeting and the Special City Council Meeting to order concurrently at 6:06 p.m.
ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.
Councilmember Jimenez arrived at 6:11 p.m. City Clerk Jimenez and Treasurer Matanga were also present.
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.
None.
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
None.
INVOCATION
Chief of Police Paul Espinosa
PLEDGE OF ALLEGIANCE
Chief of Fire Fernando Pelaez
CORRECTIONS TO THE AGENDA CITY MANAGER
CEREMONIAL/PRESENTATIONS - NONE
DRAFT
December 21, 2022: City Council and Public Financing Authority Meeting Minutes
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.
The City Clerk’s Office acknowledged six(6) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker card(s) are on file at the City Clerk’s office.
The City Clerk’s Office acknowledged two(2) written public comments submitted to the City’s public comment email address; said comments are on file at the City Clerk’s office.
Mayor Pro Tem Peralta motioned, seconded by Councilmember Melendez to extend the Public Comment period to allow the City Clerk to read all written public comments; the motion was approved unanimously.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
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
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.
Mayor Pro Tem Peralta pulled Item No’s. 3, and 16. Mayor Torres pulled Item No's. 2, 4, and 16. Mayor Pro Tem Peralta motioned, seconded by Councilmember Melendez, that Item No’s. 5, and 7-15 be approved; the motion was approved unanimously.
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.
Mayor Torres motioned, seconded by Mayor Pro Tem Peralta that the City Council table the item for potential changes; the motion was approved by the following vote:
MOVED: Mayor Torres SECONDED: Mayor Pro Tem Peralta APPROVED: 3-2-0-0 AYES: Peralta, Tamayo, Torres
NOES: Jimenez, Melendez
DRAFT
December 21, 2022: City Council and Public Financing Authority Meeting Minutes
ABSTAIN: None
ABSENT: None
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.
Mayor Pro Tem Peralta stated that she was concerned with the insurance broker that was selected. She further stated that the insurance broker seemed to have worked with commercial agencies and lacked experience with government agencies, unlike PERS. She asked for clarification on the fiscal impact and the impact on employees. She requested a presentation from PERS.
City Manager Bobadilla informed the Council that the item relates to dental and vision benefits not health benefits.
Director of Human Resources Nick Razo provided clarification on the broker's plan of action.
Mayor Torres asked clarifying questions.
Councilmember Jimenez motioned, seconded by Councilmember Melendez to approve the item; the motion was approved unanimously.
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.
Mayor Torres asked clarifying questions.
Director of Public Works James Enriquez provided clarification.
Councilmember Melendez motioned to approve the item, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously.
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 DRAFT
December 21, 2022: City Council and Public Financing Authority Meeting Minutes
COMPLEX
RECOMMENDATION: It is recommended that the City Council:
1. Approve Issuing a Request for Proposals ("RFP") for a qualified Master Developer to prepare and implement a strategic master plan for the Montebello Golf Course Complex and authorize solicitation of proposals; and
2. Take such additional, related action that may be desirable.
Approved unanimously.
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.
Mayor Torres asked clarifying questions regarding the item.
Director of Parks and Recreation, David Sosnowski provided clarification.
Councilmember Jimenez motioned, seconded by Councilmember Melendez to approve the item; the motion was approved unanimously.
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.
Approved unanimously.
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.
Approved unanimously.
DRAFT
December 21, 2022: City Council and Public Financing Authority Meeting Minutes
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.
Approved unanimously.
10. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NOS. 4057 AND 4058 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES LLC, AND MOHAWK COMMERCIAL, INC., TO
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.
Approved unanimously.
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.
Approved unanimously.
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 DRAFT
December 21, 2022: City Council and Public Financing Authority Meeting Minutes
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.
Approved unanimously.
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
2. Take any additional actions necessary to effectuate the procurement of services.
Approved unanimously.
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).
Approved unanimously.
15. PAYMENT OF BILLS: ADOPT RESOLUTION 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.
Approved unanimously.
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.
Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to continue the item to a future date for Council to receive more information; the motion was passed unanimously.
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).
None
DRAFT
December 21, 2022: City Council and Public Financing Authority Meeting Minutes
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
ADJOURNMENTThe 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.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Pro Tem Peralta motioned, seconded by Councilmember Melendez to adjourn the meeting at 7:24 p.m.; the motion was approved unanimously.
DRAFT
Special Meeting Public Comments
1 Guillen, Kimberly (Admin)
From: Kevin Wong <[email protected]>
Sent: Wednesday, December 21, 2022 9:24 AM
To: Comment, ccpublic
Subject: [External Email] Public Comment for Council Meeting 12-21-22 Dear Montebello City Council,
I am writing to express my support for a study session regarding the Brownsfield Overlay District. I am the Director of Operations for Fast Deer Bus Charter, a charter bus company located on 8105 Slauson Ave. We are family‐owned small business has been in operations for
43 years, thirteen of which have been at our location in Montebello. Our workforce is comprised of over 50 employees. My father is the owner of the company and has worked tirelessly to make this company a success.
I support the proposal to create a study session because I believe it is in the City’s best interest to support the small
businesses that are impacted by the Brownsfield Overlay District. Many of these businesses have occupied these properties for decades, and we want to stay and continue operations. The letter we received early last month was unsettling – it asked us to cease operations within weeks, something that was not feasible or realistic. No company that I spoke with received any prior notices or warnings. My biggest ask is that at the conclusion of the study session, the City Council repeal the sunset date of the Brownsfield Overlay District. Please support our business in staying here in perpetuity.
Again, I look forward to working with the City Council to come to a mutual agreement that would help keep jobs in Montebello.
Sincerely,
Kevin Wong
DIRECTOR OF OPERATIONS
Office: (323) 201-8988
www.fastdeerbus.com
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Rodarte, Alejandro
From: Jacie Boyd <[email protected]>
Sent: Wednesday, December 21, 2022 11:31 AM
To: Comment, ccpublic
Subject: [External Email] Study Session for 1603 Chapin Road Dear Montebello City Council,
My name is Jacie Boyd and I work for Swift Transportation located at 1603 Chapin Road in the Brownsfield Overlay zone. We have been in the city for approximately 10 years and have many employees that also live in the city. I am writing to express our support for the council to direct staff to conduct a study session in order to ultimately repeal the sunset date on the overlay zone.
We could not make the meeting tonight, but would like to be involved in the study session.
Thank you,
Jacie Boyd | Real Estate Manager
Corporate Real Estate Services | Real Estate
Knight-Swift Transportation Holdings Inc.
2002 W. Wahalla, Phoenix, AZ 85027
O: 602.352.5060
[email protected]
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
1 Rodarte, Alejandro
From: Vic Caliva <[email protected]>
Sent: Wednesday, December 21, 2022 2:20 PM
To: Comment, ccpublic
Subject: [External Email] brownsfield overlay
Dear Montebello City council,
My name is Vic Calivas from Calivas Truck Polishing located at 16-- Bluff Road in the Brownsfield overlay zone. I have been running my family business here for 42 years and have 26 employees of which approximately 7 live in the city of Montebello. I am writing to express my support for the study session to achieve an outcome which will ultimately allow us transportation related family businesses in the area to continue operating. We greatly appreciate the council's in addressing this urgent matter.
Sincerely,
Vic Caliva
calivas inc.
adc truckwash
323-887-0656 off
213-305-1511 cell
Thank_you
Vic Caliva
323-887-0656 off
213-305-1511 cell
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
CITY OF MONTEBELLO
SPECIAL CITY COUNCIL MEETING AGENDA
MINUTES
WEDNESDAY, DECEMBER 21, 2022 AT 6:00 PM
CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Torres called the Special Meeting to order at 6:06 p.m. concurrently with the City Council and Public Financing Authority Adjourned Regular Meeting.
ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, Councilmember Melendez, and Councilmember Tamayo.
Councilmember Jimenez arrived at 6:11 p.m. City Clerk Jimenez and Treasurer Matanga were also present.
PUBLIC COMMENTS ON AGENDA ITEMS ONLY (30 MINUTES)
At this time, the general public may only address the City Council during this Special Meeting on items which have been described in the notice of this Special meeting in accordance with Government Code Section 54954.3(a). Please be aware that the maximum time allotted for members of the public to speak on shall not exceed three (3) minutes per person. State Law prohibits the City Council 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.
The City Clerk’s Office acknowledged thirteen(13) members of the public wishing to address the City Council. Speakers were provided three minutes to address the City Council and said speaker cards are on file at the City Clerk’s office.
The City Clerk’s Office acknowledged three(3) written public comments submitted to the City’s public comment email address; said comments are on file at the City Clerk’s office.
REGULAR SESSION – 6:00 PM
CORRECTIONS TO THE AGENDA CITY MANAGER
None
COUNCIL ORALS
1. Scarlet Peralta, Mayor Pro Tem
• Adoption of policy regarding internal hiring of Public Safety Chief and Assistant Chief Positions. o Adoption of Interview Hiring Panel.
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December 21, 2022: City Council Meeting Minutes Page 2 of 3
• Resolution reinstating Mayor Torres’ Council rights and privileges.
Mayor Pro Tem Peralta requested Council consensus to establish an Interview Hiring Panel made up of residents and stakeholders for positions that are directly working with the public. She further stated that she is not looking to breach the City Manager's contract as she understands that he is the hiring authority but believes that the Council has the authority to set policies to create an inclusive recruitment process. Her vision is to engage the community through a community survey and community forum to receive feedback from residents and stakeholders about desired qualities, experience, and leadership characteristics. The process would be similar to the City of Pasadena and other charted cities. She further stated that the panel is only for engagement but does not have any authority to hire. This process would be selected by an Ad Hoc and City Staff. She wants this process to be developed prior to the hiring of the two Deputy Chief positions.
City Manager Bobadilla stated that the City had recently posted two job recruits for the hiring of the Assistant Chief positions. It would be crucial for the City to stop the recruitment because it was not stated in the job posting that the candidates would be required to go through this process.
Director Razo surveyed eleven cities and ten of those cities followed the same process as the City. He further stated that the process is consistent with industry standards.
Mayor Pro Tem Peralta stated that she wants to prioritize the community and stakeholders by adding them to the recruitment process for positions that work directly with the community. She requested Council consensus to create an Ad Hoc to define the recruitment process and temporarily pause the recruitment for the two positions to include the new hiring process. Consensus was received; Councilmember Jimenez and Councilmember Melendez were in opposition.
Mayor Pro Tem Peralta requested Council consensus to draft a Resolution to reinstate Mayor Torres' rights and privileges.
Consensus was received; Councilmember Melendez was in opposition and Councilmember Jimenez was absent.
2. Angie M. Jimenez, Councilmember
3. Salvador Melendez, Councilmember
4. Georgina Tamayo, Councilmember
• Requesting Council consensus to calendar Strategic Plan 2023 Study Sessions. • Request Council Consensus to direct staff to conduct first hearing reimplementing financial reporting requirements at the first meeting in January.
Councilmember Tamayo requested Council consensus to calendar the Strategic Plan 2023 Study Session to discuss economic development opportunities and identify underutilized sites for options of expanding shopping opportunities for the community; consensus was received.
City Manager Bobadilla informed the Council that staff would bring back a staff report in January to schedule the 2023 City Council Study Sessions and hire a consultant for the study session.
Councilmember Tamayo requested consensus to direct staff to conduct a first hearing reimplementing financial reporting requirements in January. She requested monthly statements of receipts of all payments and disbursements showing all the transactions and the balance of each account.
City Manager Bobadilla stated that what is being requested has never been produced and suggested creating Ad Hoc to understand the report she is requesting.
Council recessed into a break at 8:01 p.m. and returned at 8:06 p.m.
Consensus was received to create a Council Ad Hoc for staff to discuss the requested financial reporting. Councilmember Jimenez was in opposition and Councilmember Jimenez was absent.
5. David N. Torres, Mayor
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December 21, 2022: City Council Meeting Minutes Page 3 of 3
• Request for Council consensus to work with staff to: a) repeal Montebello Municipal Code Chapter
2.14 - Council Procedures in light of ACLU demands; b) enter a Resolution for date, time, order of business, etc.; c) develop a policy guiding standards for conduct and order (to be further reviewed and considered by council); and d) calendar these actions to begin January 11, 2023. • Request for Council consensus to calendar repeal of certain exemptions to competitive bidding for January 11, 2023.
• Request for Council consensus to immediately transmit letters to businesses in the Brownfield Overlay District staying eviction and enforcement of penalties due to sunset of said district pending further discussion and review through Study Session, date TBD.
Mayor Torres requested Council consensus to repeal the Montebello Municipal Code Chapter 2.14, enter a Resolution for date, time order of business, etc. and develop a policy guiding standards for conduct and order for further review.
Consensus was received to repeal the Ordinance and bring back a discussion to begin developing standards of conduct.
Councilmember Jimenez was absent.
Mayor Torres requested consensus to repeal Municipal Code Section 3.20.050 for Standardization and Professional Services Exemptions to Competitive Bidding. He further requested to add a requirement to the Municipal Code directing staff to describe if and why an exemption is necessary in the Council Staff Report. Additionally, requested an introduction at the January 25th City Council Meeting. Consensus was received; Councilmember Melendez and Councilmember Jimenez were in opposition.
Mayor Torres requested consensus to transmit letters to businesses in the Brownfield Overlay District staying eviction and enforcement of penalties due to sunset of said district pending further discussion and review through Study Session; the City Attorney's Office will be signing the letter with the Mayor's signature; consensus was received.
ADJOURNMENTThe City of Montebello will adjourn to the next Regular Meeting on December 21, 2022 at 6:00 p.m. which can be live streamed at https://www.montebelloca.gov (Click on Live Stream).
Date and Posted: December 21, 2022 at 6:00 p.m.
I, Alicia Fernandez, Deputy City Clerk for the City of Montebello hereby certify that a copy of this agenda and Notice of a Special Meeting has been posted at City Hall and the City’s website no less than 24-hours before the start of the Special Meeting, and delivered to each member of the City of Montebello City Council on or before December 20, 2022 at 6:00 p.m.
Alicia Fernandez, Sr. Deputy City Clerk
Mayor Torres congratulated the Council on their successful election campaign.
Councilmember Melendez motioned, seconded by Mayor Pro Tem Peralta to adjourn the Special Meeting at 8:36 p.m.
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General Public Comments
(Comments emailed on 12/21/2022)
December 16, 2022
Re: Montebello City Council Meeting – Item No. 5 – December 21, 2022
Dear Honorable Mayor Torres and Councilmembers:
Congratulations on your recent certification of the 6th Cycle Housing Element! As you know, this plan drives the City’s vision for critically needed housing development, and I am proud to represent the City that is among a select few to have its Housing Element certified.
Given this important opportunity, I wish to express my support for Item No. 5 on today’s agenda which calls for the authorization of the solicitation of proposals for a Specific Plan for the City of Montebello Golf Course Complex.
We understand that this process is the beginning of a robust and transparent public participation process to explore the development opportunities within the complex which could include mixed-use and mixed-income housing opportunities, consistent with the City’s Housing Element. I believe that this opportunity will elevate the City’s presence within the regional economic development community which could result in additional investment from the residential and retail sectors.
I share your goals of bringing economic vitality, affordable housing opportunities, more employment options, especially for our local residents, and strong quality of life to the City of Montebello and recognize this as the first step in a longer process of community engagement.
I would therefore, encourage your affirmative support for this agenda item and together we will move Montebello forward. As always, I stand ready to work with you to bring resources to Montebello.
Sincerely,
Senator Bob Archuleta
California State Senate, District 30
1 Rodarte, Alejandro
From: Irene A. <[email protected]>
Sent: Wednesday, December 21, 2022 11:25 AM
To: Comment, ccpublic
Subject: Re: [External Email] Golf course meeting 12/21 To whom it may concern,
As a resident of the city of Montebello, I represent many voices in my community. The city of Montebello has many residents who have lived here for decades. In addition, many newer residents would also like to see this city preserve its natural beauty. In addition to maintaining our trees throughout the city, we also want to see historic locations respected and preserved. I am specifically referring to the Montebello Golf Course. This golf course has served Montebello residents as well as visitors many years of joy and entertainment. There is no reason to tear down, sell, or destroy this beautiful, historic landmark of the city of Montebello. To destroy this location for commercial purposes is unnecessary and a let down for the city residents. Many people in Montebello grew up with the golf course as a source of pride.
Residents have created and shared memories at this site and would not want to see it destroyed for outside commercial exploitation. We deserve to have historic locations-such as The Boy Scout’s clubhouse at the golf course- preserved and enjoyed by the people of this city.
20 Thank you,
Irene A.
---
***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***
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CITY OF MONTEBELLO
CITY COUNCIL AND PUBLIC FINANCING AUTHORITY
JOINT REGULAR MEETING
MINUTES
WEDNESDAY, DECEMBER 14, 2022 AT 5:00 PM
QUIET CANNON, BALL ROOM (CRYSTAL ROOM 1 AND 3)
901 VIA SAN CLEMENTE
MONTEBELLO, CALIFORNIA
OPENING CEREMONIES
CALL TO ORDER
Mayor Cobos-Cawthorne called the meeting to order at 5:12 p.m.
ROLL CALL
Members present were Mayor/Chairperson Cobos-Cawthorne, Councilmember/Member Melendez, Councilmember/Member Torres, and Councilmember/Member Peralta; Councilmember/Member Jimenez was absent.
City Clerk/Board Secretary Jimenez and Treasurer Matanga were also present.
City Manager René Bobadilla, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen, and all Department Directors were present; City Attorney Alvarez-Glasman attended telephonically.
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.
The City Clerk’s Office acknowledged two (2) speaker card(s) and no written public comment(s) were submitted to the City’s public comment email address. Said speaker card(s) are on file at the City Clerk’s office.
CLOSED SESSION 5:00 P.M.
The City Attorney shall provide a briefing on the item listed for Closed Session as follows:
Mayor Cobos-Cawthorne recessed the meeting into Closed Session at 5:22 p.m. to consider the following Closed Session items:
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1. THREAT TO PUBLIC SERVICES OR FACILITIES
Government Code Section 54957
Consultation with City Manager, Police Chief, City Attorney and other related City officials.
2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
Government Code Section 54956.9(d)(1)
One matter related to Maria Chavez vs. City of Montebello
3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS
Government Code Section 54956.8
Property 901 Via San Clemente, Montebello CA
Agency’s Negotiator René Bobadilla, City Manager
Negotiating Party Topgolf
Under Negotiation Price and Terms
REGULAR SESSION NO LATER THAN 6:00 P.M.
CLOSED SESSION REPORT
Mayor Cobos-Cawthorne reconvened the meeting at 6:17 p.m.
All four members were present to discuss all Closed Session items. City Attorney Arnold Alvarez-Glasman provided the following report to City Council: a briefing was provided on Item No. 1-3; no action was taken and there was nothing to report on all three items.
INVOCATION
Pastor Eric and Pastor Fernando led the City Council in the Invocation.
PLEDGE OF ALLEGIANCE
Mayor Cobos-Cawthorne led the City Council in the Pledge of Allegiance.
CORRECTIONS TO THE AGENDA CITY MANAGER
City Manager Bobadilla pulled Item No. 7 from the agenda.
PRESENTATION
4. CEREMONIAL CHECK PRESENTATION FROM SAN GABRIEL VALLEY WATER COMPANY
Presented by Mayor Cobos-Cawthorne.
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.
The City Clerk’s Office acknowledged seven (7) members of the public wishing to address the City Council; two written comments were read aloud. Speakers were provided three minutes to address the City Council and said speaker
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cards/written comments are on file at the City Clerk’s office.
STAFF COMMUNICATIONS ON ITEMS OF COMMUNITY INTEREST
None.
PUBLIC HEARING
5. PUBLIC HEARING TO APPROVE AN ENERGY SERVICES CONTRACT WITH ALLIANCE BUILDING SOLUTIONS, INC.
RECOMMENDATION: It is recommended that the City Council:
1. Conduct a Public Hearing and consider approving an Energy Services Contract with Alliance Building Solutions, Inc. (ABS), a Finance Agreement and related documents with Alliance Funding Solutions, Inc. (AFS) for the construction of energy conservation measures at various City facilities; and
2. Adopt Resolution No. 22-93 approving certain findings for energy related improvements to various city facilities in accordance with California Government Code Section 4217; and
3. Adopt Resolution No. 22-96 authorizing the execution of a Lease Purchase Agreement, Escrow Agreement and Equipment Schedule with Alliance Funding Solutions, Inc.; and
4. Authorize the City Manager to execute the agreements and any other related documents in a final form approved by the City Attorney; and
5. Take such additional, related, action that may be desirable.
City Attorney Alvarez-Glasman clarified that this Public Hearing would be opened and closed solely for the purpose of continuing it to the City Council meeting scheduled for January 25, 2023. It was motioned by Councilmember Torres, seconded by Councilmember Peralta, that the motion be continued; the motion passed unanimously.
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.
City Attorney Alvarez-Glasman confirmed that Item No. 7 was pulled off of this agenda. Councilmember Melendez motioned to continue Item No' s 6, 8-20 for a future meeting to be held as an Adjourned Meeting on December 21, 2022, seconded by Councilmember Peralta; the motion passed unanimously.
6. 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.
The matter was continued to December 21, 2022.
7. 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:
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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.
The matter was continued to December 21, 2022.
8. 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.
The matter was continued to December 21, 2022.
9. 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.
The matter was continued to December 21, 2022.
10. 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:
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.
The matter was continued to December 21, 2022.
11. AUTHORIZATION TO ISSUE A REQUEST FOR PROPOSALS (RFP NO. 23-5) FOR RECREATION GUIDE
PRODUCTION
RECOMMENDATION: It is recommended that the City Council:
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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.
The matter was continued to December 21, 2022.
12. 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.
The matter was continued to December 21, 2022.
13. 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.
The matter was continued to December 21, 2022.
14. 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.
The matter was continued to December 21, 2022.
15. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT NOS. 4057 AND 4058 WITH OFFICE SOLUTIONS BUSINESS PRODUCTS & SERVICES LLC, AND MOHAWK COMMERCIAL, INC., TO
PURCHASE AND INSTALL UPGRADED WORKSTATIONS AND FLOORING FOR THE TRANSPORTATION
DEPARTMENT
RECOMMENDATION: It is recommended that the City Council:
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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.
The matter was continued to December 21, 2022.
16. 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.
The matter was continued to December 21, 2022.
17. 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.
The matter was continued to December 21, 2022.
18. 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
2. Take any additional actions necessary to effectuate the procurement of services.
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The matter was continued to December 21, 2022.
19. 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).
The matter was continued to December 21, 2022.
20. PAYMENT OF BILLS: ADOPT RESOLUTION NO. 22-95 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED DECEMBER 14, 2022
RECOMMENDATION: It is recommended that the City Council:
1. Adopt Resolution No. 22-95 approving the Warrant Register dated December 14, 2022.
The matter was continued to December 21, 2022.
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).
Mayor Cobos-Cawthorne announced an event she attended in Sacramento.
COUNCIL ORALS
Council member announcements; requests for future agenda items; conference/meetings reports.
None.
• Salvador Melendez, Councilmember
• Scarlet Peralta, Councilmember
• Angie M. Jimenez, Mayor Pro Tem
• David N. Torres, Councilmember
• Kimberly A. Cobos-Cawthorne, Mayor
CEREMONIAL/PRESENTATIONS
21. PRESENTATION TO AND COMMENTS BY OUTGOING MAYOR COBOS-CAWTHORNE AND CITY
TREASURER GUTIERREZ
Mayor Cobos-Cawthorne provided outgoing comments stating that it was an honor to serve as Mayor for two consecutive terms. Mayor Cobos-Cawthorne thanked the residents and staff for putting their trust in her, and commended the City Administration and City Directors for their work. Additionally, she thanked the community, her family, her adopted family, mother, and husband. On behalf of the City of Montebello, City Manager Bobadilla presented Mayor Cobos-Cawthorne with a shadow box of memorabilia and presented a video of the Mayor's journey. The following presented Certificates of Recognitions to Mayor Cobos-Cawthorne:
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• Representative Griselda Ortiz, from Congresswoman Sanchez' office, presented a Congressional Christmas Ornament for the City tree and a Certificate of Recognition • California State Senator, Bob Archuleta, presented a Certificate of Recognition • City of El Monte Mayor, Jessica Ancona, presented a Certificate of Recognition • Assemblymember Miguel Santiago's representative presented a Certificate of Recognition • City of Montebello Chamber of Commerce, Adriana Dugan, presented a Certificate of Recognition • City of Monterey Park Mayor, Yvonne Yu, presented a Certificate of Recognition • On behalf of the Montebello Unified School District Board of Education, City Clerk Christopher Jimenez, presented a Certificate of Recognition
• On behalf of the City of Whittier Mayor, City Clerk Christopher Jimenez, presented a Certificate of Commendation
City Treasurer, Rafael Guttierez, provided outgoing comments thanking the residents and commending City staff. City Manager Bobabdilla presented Treasurer Gutierrez with a City of Montebello Tile.
NEW BUSINESS
22. ADOPT RESOLUTION NO. 22-94, CERTIFICATION OF THE NOVEMBER 8, 2022 GENERAL MUNICIPAL
ELECTION
RECOMMENDATION: It is recommended that the City Council:
1. Receive and file the Certification of the Canvass of the Election Returns from the Los Angeles County Registrar-Recorder/County Clerk; and
2. Adopt Resolution No. 22-94 reciting the facts of the General Municipal Election held on November 8, 2022, declaring the results and such other matters as required by law.
It was motioned by Councilmember Melendez, seconded by Councilmember Torres, that the item be approved as recommended by staff; the motion passed unanimously. Mayor Cobos-Cawthorne was not present to vote for this item.
23. ADMINISTRATION OF OATH OF OFFICE FOR DISTRICTS 1-5 NEWLY ELECTED COUNCIL MEMBERS
AND CITY TREASURER
RECOMMENDATION: It is recommended that the City Council:
1. Receive and File Oath of Office for newly elected officials.
Assemblymember Miguel Santiago performed the Oath of Office for the following Councilmembers:
• Councilmember Salvador Melendez
• Councilmember Scarlet Peralta
• Councilmember Georgina Tamayo
Councilmember Torres was sworn in by his uncle Fernie.
Senator Bob Archuleta performed the Oath of Office for City Treasurer David Matanga.
24. CITY COUNCIL SELECTION OF MAYOR AND MAYOR PRO TEMPORE POSITIONS UNDER MONTEBELLO MUNICIPAL CODE SECTION 2.08.010, "REORGANIZATION"
RECOMMENDATION: It is recommended that the City Council:
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1. Move to designate one of its members as Mayor and Mayor Pro Tempore as called for in Section 2.08.010 of the Montebello Municipal Code.
Councilmember Peralta motioned to nominate Councilmember David Torres for Mayor; the motion was seconded by Councilmember Tamayo.
Prior to voting, Councilmember Melendez made a few comments and stated that he would be abstaining from voting on this item; the motion passed by the following vote:
MOVED: Torres SECONDED: Tamayo APPROVED: 3-0-1-1
AYES: Peralta, Tamayo, Torres
NOES: None
ABSTAIN: Melendez
ABSENT: Jimenez
Mayor Torres nominated Councilmember Peralta for the position of Mayor Pro Tem; the motion was seconded by Councilmember Tamayo and passed unanimously.
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 www.cityofmontebello.com (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 Sunday, December 11, 2022 at 5:00 p.m.
Alicia Fernandez, Senior Deputy City Clerk
Mayor Pro Tem Peralta motioned to adjourn the meeting to Wednesday, December 21, 2022 at 5:00 p.m. seconded by Councilmember Melendez; the motion was approved unanimously.
THE MINUTES OF DECEMBER 14, 2022 ARE HEREBY APPROVED AND ADOPTED ON THIS 22ND DAY OF FEBRUARY 22, 2023.
PUBLIC COMMENTS - 12/14/22
From: Julian Cepeda
To: comment, ccpublic
Subject: [External Email] Public Comment
Date: Wednesday, December 14, 2022 3:01:21 PM
Good evening,
I would like to both congratulate Georgina Tamayo, Scarlet Peralta, and David Torres on their elections, and thank you all for your service. It is difficult to run for office, and you all have acted with the highest degree of integrity during this time.
David and Scarlet, you have proven to be amazing leaders and people, and your reelections are wholeheartedly deserved. The residents have seen all you have done.
Georgina, you have already shown you are a great leader and will do great things on the City Council.
The residents of Montebello are lucky to have you, just as you have a great honor in being trusted to lead. It is with great excitement, optimism, and trust that I wish you all the very best.
Congratulations, councilmembers.
Sincerely,
Julian Cepeda
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