Montebello City Council
April 10, 2023

11 interest under Article 4 of chapter one of division 4 of title one (sections 1090- 1097) of the government code of the state of California.

13.0 GENERAL TERMS AND CONDITIONS

Addenda

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

Clarifications

Should a composer require classifications of this RFP, the proposer shall notify the contact person identified in this RFP and writing. Should the city, in its sole discretion I'm determined that the point in question is not clearly and fully set forth; the city will issue a written addendum clarifying the matt er. The aforesaid a ddendum shall be posted on theplanetbids.com web page.

All questions, clarifications, or comments must be submitted to or no later than 3:00 PM Thursday, September 25, 2023. No questions will be answered individually by the city or its departments Request for clarification, questions, comments must be posted on theplanetbids.com. The city is not responsible for failure to respond to a request that has not been submitted in accordance with this section.

Responses by the city to the clari fications, comment s, and questions will be communicated via planetbids.com. Every attempt will be made to respond to all proposers in accordance with the procurement schedule for this RFP inquiries received after the deadline will not be accepted and will be returned to the sender without a response.

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

1. Section

2. Paragraph number

3. Page number

4. Text of passage being questioned

5. Question

DISCREPANCIES AND MISUNDERSTANDINGS

Proposing firms must satisfy themselves by personal examination of scope of work and by any means as they may believe necessary. No proposing firm shall at any time after submission of the proposal, make any claim or assertion that there was any misunderstanding or lack of information regarding the nature or amount of work necessary for the satisfactory completion of the job. Any errors, omissions, or discrepancies founding

12 documents provided, shall be called to the attention of the city and clarified befo re the submission of proposals.

WITHDRAWAL OF PROPOSALS
proposers may withdraw their proposals in writing, provided that such requests are received by the city bef ore the scheduled deadline for proposal submission or within 6 (number 6) months following the scheduled deadline for proposal submission when no contract has been awarded.

REFERENCES

All reference information requested in this RFP and specified in the form included in this RFP must be submitted with the proposal.

PROPOSAL SIGNATURES

If an individual makes the proposal, it shall be signed, and the full name and address of the proposer shall be given.

If a partnership makes the proposal, it shall be signed with the partnership name, by a member of the partnership who shall sign by name a nd the name and ad dress of each partner shall we give him.

If a corporation prepares the proposal, the name of the corporation shall be provided and signed by 2 (num ber 2) Julie authorized officers and, if available, stamped with the corporate seal, and names and titles of all officers of the corporation shall be given. You have a corporation provides a certified letter stating that one (number one) duly authorized officer signatures binding for the corporation, this will suffice to omit the second signature requirement in the proposal. A certified letter is to be included in the proposal accompanied by the letter of transmittal.

PRE- CONTRACTUAL EXPENSES

The cit y will be under no obligation for payment of pre - contractual expenses. Pre - contractual expenses are defined as expenses incurred by proposer in:
• Preparing the proposal in response to this request
• submitting the proposal to the city
• Negotiating with the city any matter related to this proposal, and/ or • Any other expenses incurred by the proposer before the date of the award

CITY OF MONTEBELLO RIGHTS

In its discretion, the city reserves the right to:

1. Reject any and/ or all proposals for no reason o r any reason including but not limited to the following:
• The proposal is incomplete, non - responsive, obscu re, irregular, or lacking necessary detail and specificity.
• The proposer, in the sole judgment of the city, lacks the qualifications, experience, and/ or responsibility necessary to provide the services.

13 • The proposer failed or neglected to complete and submit any information within the time specified by the city, and as may be otherwise required herein.

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

3. Accept all or any part of a proposal.

4. Cancel the attire RFP.

5. Issue subsequent RFP 's;

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

7. To divide the project into multiple parts.

8. The city may, in the evaluation of proposals, request clarification from proposers regarding the proposals, obtain additional m aterial or literature, and pursue other avenues of research is necessary to ensure that a thorough evaluatio n is conducted.

RESPONSIBILITY FOR COMPLIANCE WITH LEGAL REQUIREMENTS

The proposers were products, services, and facilities shall be in full com pliance with all applicable federal, state, and local regulations, standards, and ordinances, regardless of whether or not they are referred to in the RFP.

CONFIDENTIALITY AND PUBLIC RECORD

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

OWNERSHIP OF DOCUMENTS

All documents' data, studies, drawings, maps, models, photographs and reports prepared by selected consultant (s) are cities property. Consultant (s) may routine copies of said documents and materials as desired but will deliver all original materials to the city.

JOINT OFFERS

Where 2 or more proposers desire to submit a response to this RFP, they shall do so on a prime- sub consultant basis rather than a joint venture. The city of Montebello intends to contract with a single firm an d not with multiple firms doing business as a joint venture.

Any proposals submitted on behalf of any form of a joint venture or partnership between two (2) existing proposers may be considered collusive and may be rejected as non - responsive.

14 FIRM PERSONNEL

It shall be the burden of the successful proposer to ensure all personnel possesses qualifications and/ or experience. All personnel required and performing th e services herein shall be secured at the expense of the successful proposer. Personnel shall not be employees of or have any contractual relationship with the city. Successful proposers' personnel shall always conduct themselves in a professional manner to all city employees rude or discourteous behavior by the successful proposer will not be tolerated and the offense can be justification for termination of the contract. All sub - consultants of successful proposers shall abide by all the requirements outlined in this section.

SINGLE PROPOSAL RESPONSE

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

PROTEST PROCEDURES

All protests must be filed in accordance with the following:

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

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

3. The parties standing to protests must be identified.

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

5. A statement of the relief requested.

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

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

INCORPORATION OF PROPOSAL INTO AGREEMENT

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

TIME OF COMPLETION

The contract time shall commence from the date of the notice to proceed (and TPP) as authorized in writing by the city. The services shall be completed within the period

15 specified in the request for proposal. In case the services under th e terms of these provisions and related purchase contract shall be necessarily delayed bec ause government controls and/ or by reasons of any cause or circumstances beyond the control of the consultant, the time of completion shall be extended by a number o f days to be determined in each instance by mutual agreement between the consultant the ci ty of Montebello.

PAYMENT

A separate invoice, referencing their respective purchase order number shall be issued in duplicate for each of shown in the payment sch edule, and address to the City of Montebello, Attention: Accounts Payable, 1600 West Bever ly Boulevard, Montebello, California, 90640.

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

Payment schedule: Monthly
Manner: Provide (1) one invoice monthly.

CONTRACT DOCUMENTS: ORAL CHANGES/ CONTRACT TERMINATION

Prohibition on Oral Changes:

Oral changes and oral change orders are not permitted. All proposed changes must be submitted in writing to and approved by cit y of Montebello prior to becoming a contract modification.

Contract Termination:

The city of Montebello may terminate any resulting contract or convenience at any time by giving the consultant written notice thereof. Upon termination, the city of Montebello shall pay the consultant his/ her allowable costs incurred to the date of termination, and those cost steam reasonably necessary by the city of Montebello to affect such termination, determined in accordance with Part 1- 8. 705- 1 of the Federal Procurement Regulations (41 CFR 1 - 8) or other applicable portion (s) of said regulations. In a ddition, the city of Montebello shall pay the consultant a percentage of the project, which relates to contract work accomplished to date of termination. The effectiv e date of termination shall be the date of notice of termination.

In the event the consultant breaches the terms or violates the conditions of the contract, and does not within 10 days, thereafter, cure breach a violation, the city of Montebello may immediately terminate the contract for default. The consultant shall be liable for any and all costs incurred by the city of Montebello as a result of such default.

SCOPE OF CONTRACT

The consultant shall provide all services necessary as per the scope of work described in this RFP.

PERFORMANCE OF WORK

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

AWARD OF CONTRACT

The contract resulting from this RFP will be awarde d to the responsive and responsible proposer whose proposal, conforming to the requirements of the RFP, is determined to be the most advantageous to the city, based on the evaluation criteria. No agreement shall exist until the City Council or the city manager as designated by City Council, has awarded the agreement and it has been mutually executed. The city reserves the right to:
a. except all or any part of a proposal;
b. Reject any or all proposals for any reason;
c. waive any informality or minor errors to the extent permitted by law; d. Award the agreement as the interests of the city may require; e. Cancel the entire RFP; Or
f. Issue subsequent RFP’s.

The city of Montebello staff in accordance with the proposal evaluation criteria set forth in the evaluation cr iteria section of this RFP will evaluate all the proposals. During the evaluation period, the city may interview some or all the proposing firms. Proposers should be aware; however, that award may be made without interviews or further discussions.

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

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

POINT OF CONTACT

This RFP is issued by the city, and the director of planning and community development (“director”) will be the sole point of contact (“point of contact”) during the RFP submission and pro curement process. Communications initiated by respondents to this RFP with members of the City Council, or officers, personnel or employees of the city, other than as

17 coordinated by the point of contact, may be grounds for disqualification. Any increase or requests during the submission or procurement process shall be submitted in writing to the following point of contact:

Attention: Joseph Palombi
Director of planning and community development
1600 West Beverly Boulevard
Montebello, CA 90640
(323) 887- 1200
E-mail: [email protected]

Contact determines a response to any such inquiry is warranted, said response will be issued to all prospective proposers via planetbids.com.

SELECTION PROCESS

1. Proposal review: upon receiving an adequate number of proposals by the deadline proposers will be evaluated and the best qualified may be invited to participate in an interview.

2. Selection criteria: the city will select a consultant to provide the services pursuant to this request for proposal based on the evaluation of t he proposals, inte rview process, and references. The city, however, reserves the right that an award may be made without consultant visits, interviews, or further discussion or negotiations. Therefore, the proposal submitted should contain your most favora ble terms and cond itions, since the selection and award may be without discussion or negotiation with any consultant. Selection is based on a determination of the con sultant deem most qualified to provide the services outlined in this request, but not limited to, the following criteria:
a. Completeness of the proposal: how thoroughly the proposal responds to the criteria contained in this RFP.
b. Experience: the proposer will provide information on their knowledge of providing support services for the management of federal programs. c. Qualifications: qualifications of key personnel, including principle(s), project manager(s), and other individuals' tenant to the project success. d. Performance: the proposer must demonstrate the ability to produce timely and high- quality services.
e. References: quality of reference checks obtained by interviewing prior and current clients.
f. Cost- effectiveness: a clear and consistent commitment to cost containment and fair play with respect to the needs of customers.

3. Interviews: selected proposers may be invited for an interview.

4. Professional service agreement: upon identified of a preferred provider the director will require professional service agreement, subject to negotiation of precise duties, terms of payment, and other city requirements.

5. Contract approval and execution: the professional service agreement, in its substantial form, will be presented to City Council for approval and execution by the city manager or designee.

18 EVALUATION OF PROPOSALS

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

Qualitative considerations will be reviewed and scored first without attention to the price.

As staff will then open the cost and price proposals and evaluate and score them accordingly. During the quality of evaluation, staff, add its sole discretion may contact any or all the proposers wit h specific questions or requests for clarification. After both the qualitative and cost/ price proposals have been evaluated and scored, staff will arrive at a “comprehensive proposal score” for each proposal. A list of top ranked proposals within a competitive range will be developed based upon the total comp apprehensive scores provided by staff. At this time, staff may decide that the evaluation pr ocess is complete and submit a final recommendation to City Council.

Staff may ask the pr oposers to conside r the dialogue of negotiations and revise their proposals. A deadline will be saved for the submission of the revised proposals. If a proposer is unable to meet the deadline or chooses not to revise its proposal, its existing proposal will be rescored along with revised proposals in the same manner as the original proposals.

EVALUATION CRITERIA

Award will be made to the proposer whose proposal offers the best value to the city.

Qualitative considerations
The proposer's qualitative proposal will be evaluated on the basis of the following factors, each having the weighted value set forth below:

1. Project approach 10 points

2. Proposed personnel 15 points

3. Experience and references 30 points

4. Project controls 25 points
TOTAL 80 points

Price Considerations

The Price Proposals will be evaluated as follows:

The Proposer’s Price Proposal will be compared to the lowest responsive Price Proposal.

The lowest responsive price will receive the total we ighed value for th is criterion (20 points). All other PPs will be scored as follows:

19 Proposer Price Score = lowest price proposal x 20 (total points available for pr ice evaluation)

DISCRETION AND LIABILITY WAIVER

1. Proposers shall carefully read the infor mation contained i n this RFP and submit a complete response to all requirements and questions as directed. Incomplete proposals may be considered non-responsive and may be rejected in the City’s discretion.

2. All information, documentation, and other mater ials submitted in response to this solicitation are considered non-confidential and/or non-proprietary and are subject to public disclosure after the solicitation is completed.

3. Proposers shall prepare and develop proposals at their sole cost and expense.

4. The City makes no representations of any kind that an award of a contract will be made as a result of this RFP, or subsequent RFP. The City reserves the right to accept or reject any or all proposals, waive any formalities or minor technical inconsistencies, and/or delete any item/requirements from this RFP when deemed to be in City’s best interest.

5. Failure to comply with all requirements contained in this RFP may result in the rejection of a proposal.

6. The City may, in the evaluation of proposals, reques t clarification fr om proposers regarding their proposals, obtain additional material or literature, and pursue other avenues of research as necessary to ensure that a thorough evaluation is conducted.

7. By submitting a proposal in response to this RFP, the consultant accepts the evaluation process, acknowledges and accepts that determination will require subjective judgments by the City, and waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.

8. The City of Montebello expects the highest level of ethical conduct from proposers, including adherence to all applicable laws and local ordinances regarding ethical behavior.

9. If an agreement cannot be reached with the highest ranked proposer, City reserves the right to terminate negotiations with that party and enter into negotiations with the next highest ranked proposer.

10. Finalists in the selection process may be asked to atte nd an interview once the RFP process is complete.

11. Selected consultant provide their own resources and equi pment and direct their operation in all respects.

20 14.0 EX PARTE COMMUNICATIONS

Consultants and Consultant’ representatives should not communicate with the City Council members about this RFP. In addition, Consultants and Consultant’ representatives should not communicate outside the procedures set forth in this RFP with an officer, employee or agent of the City, including any member of the evaluation panel, with the exception of the RFP Facilitator, regarding this RFP until after Contract Award. Consultants and their representatives are not prohibited, however, from making oral statements or presentations in public to one or more representatives of the City during a public meeting.

A "Consultant" or "Consultant's representative" includes a ll of the Proposer 's employees, officers, directors, consultants and agents, any subcontractors or suppliers listed in the Consultant's proposal, and any individual o r entity who has been requested by the Consultant to contact the City on the Consultant's behalf.

15.0 DRAFT AGREEMENT

Included with this RFP as “Attachment A” is a draft of the Professional Services Agreement that will be utilized for this contract. Consultants are asked to review the draft agreement and note any objections and/or corrections as part of their proposal submittal and to pay particular attention to the insurance requirements specified in the agreement.

It should be noted that this Agreement is subject to change and revision pursuant to review by the City Attorney.

The proposal process, contract negotiations and execution, and subsequent actions will be conducted by the City in accordance with applicable law. Consultants should carefully rev iew this document, which constitutes the formal RFP, to ensure a clear understanding of the City’s needs and objectives and scope of work.

16.0 DIRECTIONS FOR SUBMITAL OF PROPOSAL

Deadline: Proposals must be received no later than Thursday September 25, 2023.

Location: http://www.cityofmontebello.com/rfp-bids/bid-opportunities.html.

All proposals shall be submitted electronically via Planet Bids as described above.

Any questions on this RFP shall be submitted via Planet Bids.

All Prospective Bidders must register to bid through the Planet Bids Vendor Portal found on the City of Montebello’s website at the link provided above. There are no fees to register and bid on this RFP.

21 “ATTACHMENT A”

CITY OF MONTEBELLO

STANDARD PROFESSIONAL SERVICES AGREEMENT
(Sample) AGREEMENT NO. ---

PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF MONTEBELLO AND -----

1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Montebello, a California municipal corporation ("City"} and-----, ("Consultant"). City and Consultant are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties."

2. RECITALS

2.1 City has determined that it requires professional services Administration of HOME/CDBG Programs for the City of Montebello ("Project").

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

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

3. DEFINITIONS

3.1 "Scope of Services": Such professional services as are set forth in the Consultant's (DATE) proposal to City attached hereto as Exhibit "A" and incorporated herein by this reference.

22 3.2 "Approved Fee Schedule:" Such compensation rates as are set forth in the Consultant's (DATE), proposal to City attached hereto as Exhibit "B."

3.3 "Commencement Date:" That certain date on which the Agreement is executed by both Parties following its approval by the City Council of the City of Montebello.

3.4 "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. ______ ,
B. Proposer's [DATE] Proposal for Professional Support Services for the Administration of HOME/CDBG Programs and all referenced. specifications, details, and appendices; C. All required bonds, insurance certificates, permits, notices, schedules, forms, certifications, and affidavits; and
D. Any and all addenda or supplemental agreements clarifying, or extending the work contemplated as may be required to insure its completion in acceptable manner.

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

4. TERM OF AGREEMENT
The term of this Agreement shall commence on the Commencement Date and shall continue until terminated in accordance with Section 22 below. Notwithstanding anything in this Agreement, this Agreement shall automatically terminate after two (2) years unless extended by the Parties in writing. Nothing in the Section shall opera te to prohibit or otherwise restrict the City's ability to terminate this Agreement at any time for convenience or for cause.

5. CONSULTANT'S SERVICES

5.1 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incor porated by written amendment to this Agreement.

5.2 Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the general geographical area of the City. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a practitioner in Consultant's profession.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of $ ______unless specifically approved in advance, in writing, by City.

23 6.2 Consultant shall submit to City an invoice, monthly or less frequently, for the serv ices performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due.

Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to consultant.

6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant's standard fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.

7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.

8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement.

The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified and registered to do business in the State of California pursuant to sections 2105 and 17708.02 of the California Corporations Code.

The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both: (i) such work would require Consultant to abstain from a decision under this Agreement pursuan t to a conflict- of-interest statute; and (ii) City has not consented in writing prior to Consultant's performance of such work.

10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the servic es identified in the Scope of Services. All such services
shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assi gnment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. Contact person name, Princ ipal, of consultant firm name shall be Consultant's project manager and shall have direct responsibility for management of Consultant's performance under this Agreement. No change shall be made in Consultant's project manager without City's prior written consent.

11. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material ("Written Products") developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or

24 dissemination by City. Consultant may take and retain copies of such written products as desired, but no such written products shall be the subject of a copyright application by Consultant. If any state, federal, or local law requires mandatory copyright protection for Consultant's work product, City shall comply with such laws to the extent feasible.

12. INDEPENDENT CONTRACTOR

12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.

12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship, joint-employer relationship, or any other relationship between Consultant or Consultant's employees except as set forth in this Agreement.

12.3 City shall have no direct or indirect control over Consultant's employees or sub -consultants with respect to wages, hours, and working conditions. In addition, City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant, Consultant's employees or subconsultants. City shall have no responsibility to provide Consultant, its employees or subconsultants with workers' compensation insurance or any other insurance.

12.4 The Parties further acknowledges the following: (i) that Consultant shall provide the services outlined in the Scope of Services directly to City; (ii) Consultant maintains a business location at the address listed under Section 20 that is separate and distinct from the City; (iii) Consultant contracts with other businesses to provide the same or similar services and maintains a clientele without restriction from the City; (iv) Consultant advertises and holds itself out to the public as available to provide the same or similar services; (v) unless otherwise specified in this Agreement, Consultant provides its own tools, vehicles, and equipment necessary for per forming the Scope of Services; (vi) Consultant has proposed and negotiated its own rates; and (vii) consistent with the nature and demands of the project and the City's business hours and City staff availability, Consultant may set its own hours and locati on of work.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement.

14. NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City·, or for any amount which may become due to Consultant.

15. INDEMNIFICATION

15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys' fees, litigation costs, or any ot her cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the

25 Parties to be interpreted and construed to provide the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant's commitment to indemnify and protect City as set forth herein. Notwithstanding the foregoing, to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.

15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice and expert witness fees and consultant fee s.

15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant's failure to pay City promptly any indemnification arising under this Section 15 or related to Consultant's failure to either: (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers' compensation laws.

15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers' compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.

15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant's subconsultants or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of City's choice and expert witness fees and consultant fees.

15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability , loss, cost or expense.

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

Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subconsultants providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City

26 and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.

16. INSURANCE

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

16.1.1 Comprehensive general liability, and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2, 000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant's work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.

16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subconsultants, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.

16.1.3 Worker's Compensation Insurance as required by the laws of the State of Califo rnia, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.

16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.

16.2 Consultant shall require each of its subconsultants, if any, to maintain insur ance coverage that meets all of the requirements of this Agreement.

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

16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either: (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant's expense, the premium thereon.

16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City's Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City's Risk Manager such certificate( s).

16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shal l provide such proof to City at least two weeks prior to the expiration of the coverages.

16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days' prior written notice to City. Consultant agrees to require its insurer to modify the

27 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 .

16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or self­ insurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant's insurance and shall not contribute with it.

16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant's employees, agents or subconsultants, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

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

16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant's liability or as full performance of Consultant's duties to indemnify, hold harmless and defend under Section 15 of this Agreement.

16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

17. MUTUAL COOPERATION

17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant's services under this Agreement.

17.2 In the event any claim or action is brought against City relating to Consultant's performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.

18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further hav e the right to audit such records, to make transcripts therefrom and to inspect all program data, doc uments, proceedings, and activities.

19. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachm ent permits and building and safety permits and inspections.

20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deeme d received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant's and City's regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).

28 If to City:

Joseph Palombi
Planning and Community Development Director
City of Montebello 1600 W. Beverly Blvd.,
Montebello, CA 90640
Phone: (323) XXX-XXXX
Facsimile: (323) XXX-XXXX
If to Consultant:

21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph 17 .2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.

22. TERMINATION

22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days' written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days' written notice to City. The effective date of termination shall be upon the date specified in the notice of termination.

Consultant agrees that in the event of such termination, City's obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered, as solely determined by the City, prior to the effective date of termination. Consultant agrees to cease all work under this Agreement on or bef ore the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.

22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed, as solely determined by the City, at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.

23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereun der, either in whole or in part, without City's prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.

24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY

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

24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for

29 employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.

24.3 Consultant will cause the foregoing prov1s1ons to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

25. WARRANTIES

25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement or been provided with an opportunity to· receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. 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.

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

25.3 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.

26. CAPTIONS

26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.

26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural s hall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).

27. NON-WAIVER

27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contain ed shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.

27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by s tatute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.

30 27.3 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City's sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants' fees and expert witness fees, if any, and attorneys' fees expended in such action. The venue for any litigation shall be Los Angeles County, California.

29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law .

30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.

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

32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instr ument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed by City and Consultant.

31 [Signatures on the following page]
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

"CITY" “CONSULTANT” CITY OF MONTEBELLO _________________________

__________________________ ______________________ David Torres, Mayor Date

ATTEST:

__________________________ _____ _________________ Christopher Jimenez, City Clerk Date

APPROVED AS TO FORM:

32 ___________________________________ _______________________ Arnold M. Alvarez-Glasman, City Attorney Date

At Least Three (3) References

ATTACHMENT B

REFERENCES

Project city/agency/other:

Address:

Phone number and email:

Contact person:

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

Project city/agency/other:

Address:

Phone number and email:

Contact person:

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

Project city/agency/other:

Address:

Phone number and email:

Contact person:

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

ATTACHMENT C

PROPOSAL CONTENT CHECKLIST

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

Description Proposer Initial

1 Cover Letter with Proposal

2 List of Staff and Qualifications

3 Outline showing tasks and time frames to meet yearly
HUD deadlines for programs

4 References (Attachment B)

5 List of any pending or previous litigation over the past (5) years

6 Cost Proposal (Task breakdown with hourly rate)

34 Company Name:

Name of Proposer initialing document (print):

The email address of Company Contact:

Signature:

Title:

Date:

ITEM # 15

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVAL OF COOPERATIVE AGREEMENT NO. 4093 WITH LOS

ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS FOR THE

OLYMPIC BOULEVARD TRAFFIC SIGNAL SYNCHRONIZATION

PROGRAM (TSSP)

DATE: April 10, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Cooperative Agreement No. 4093 with the Los Angeles County Department of Public Works (Attachment A) defining funding for the Olympic Boulevard Traffic Signal Synchronization Program (TSSP) Project; and

2. Approve Amendment No.1 (Attachment B) to Agreement No. 2508 (Attachment C) with the Los Angeles County Department of Public Works redefining the streets included in the TSSP Project; and

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

4. Amend the Fiscal Year 2022-23 budget by increasing appropriations in Fund 200 (Gas Tax) by $161,400 (Account No. 200-99-6040.95, Gas Tax, Other Professional Services); and

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

FISCAL IMPACT:

The Los Angeles County Department of Public Works (LACDPW) has secured a grant from the Los Angeles County Metropolitan Transportation Authority (Metro) in the amount of $2,621,100 that will pay most of the project cost. The City’s contribution for the project is $161,400 to cover improvements the City requested during plan check that are not eligible for grant reimbursement.

It is recommended that the City Council approve a budget amendment to the FY 2022-

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

23 CIP Budget allocating funds for the project in the amount of $161,400 in Gas Tax funds (Fund 200) to cover the City’s contribution. Staff is recommending increasing appropriations in Account No. 200-99-6040.95 (Gas Tax, Other Professional Services).

The Gas Tax Fund has sufficient fund balance to cover these additional expenditures.

BACKGROUND/DISCUSSION:

On January 28, 2009, the city executed Agreement No. 2508 (Attachment C) with the Los Angeles County Department of Public Works (LACDPW) for the TSSP project. At that time, the project included Paramount Boulevard from Arroyo Drive to Montebello Boulevard, Montebello Boulevard from Paramount Boulevard to 5 Freeway, Beverly Boulevard from Simmons Avenue to Rea Drive, Garfield Avenue from Pomona Boulevard to Allston Street, and Telegraph Road from Church Road to Slauson Avenue. The TSSP project improves signal function and coordination along arterial corridors to improve the flow of traffic. LACDPW takes the lead on these projects on a regional basis.

The project has been in design since 2008 and has evolved into the current project that includes the following arterials: 1) Washington Boulevard from Vail Ave to Bluff Rd; 2) Whittier Boulevard from Garfield Ave to Van Norman Rd; 3) Olympic Boulevard from Vail Ave to Montebello Blvd; and 4) Slauson Avenue from Telegraph Rd to Chapin Rd.

Amendment No. 1 to Agreement No. 2508 revises the scope of the TSSP project to include the new arterial streets.

Agreement No. 4093 defines the funding contributions for the Olympic Boulevard portion of the project from Metro grant funds, LACDPW’s contribution and the City’s contribution of $161,400. The City’s contribution pays for improvements requested by the City during the plan check process that are not eligible for grant reimbursement.

LACDPW advertised the Olympic Boulevard Project between Indian Street and Montebello Boulevard for construction on March 21, 2023 the bid opening is scheduled for April 18, 2023.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Upon the approval of the City Council of the recommended action, City staff will coordinate with LACDPW on the delivery of the project. The recommended actions will also amend the FY 2022-23 budget by increasing appropriations by $161,400 in Account No. 200-99-6049.95 (Gas Tax, Other Professional Services).

ATTACHMENT(S)

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

1. Attachment A - Agreement No. 4093

2. Attachment B - Amendment No. 1 to Agreement No. 2508

3. Attachment C - Agreement No. 2508

NEXT STEPS:

N/A

CITY OF MONTEBELLO
AGREEMENT NO. 4093

A G R E E M E N T

THIS AGREEMENT, made and entered into by and betwee n the CITY OF MONTEBELLO, a municipal corporation in the County o f Los Angeles, hereinafter referred to as CITY, and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY):

W I T N E S S E T H

WHEREAS, to assist in the traffic flow, CITY, the City of Commerce, the City of Los Angeles, the State of California, and COUNTY desire to modify and synchronize the traffic signals along Olympic Boulevard between Ind iana Street and Montebello Boulevard, a portion of which is within CITY, and which work is hereinafter referred to as PROJECT; and

WHEREAS, the proposed improvements are jurisdictio nally shared between CITY, the City of Commerce, the City of Los Angeles, the State of California, and COUNTY, and a separate agreement between the City of Commerce a nd COUNTY is being executed covering the portions of PROJECT within the City of Commerce’s jurisdiction; and

WHEREAS, PROJECT is within the shared geographical boundaries of CITY, the City of Commerce, the City of Los Angeles, and COUNTY; and

WHEREAS, PROJECT is of general interest to CITY, t he City of Commerce, the City of Los Angeles, the State of California, and COUNTY.

and WHEREAS, CITY and COUNTY previously executed an Agreement on June 24, 2008, to memorialize their understanding regarding their relative rights, obligations, and duties with respect to the County's Traffic Signal Synchronization Program (hereinafter referred to as TSSP Agreement); and

WHEREAS, PROJECT is included in the TSSP Agreement ; and

WHEREAS, for the purpose of providing funding for PROJECT, COUNTY, as lead agency, on December 1, 2017, entered into an amended Memorandum of Understanding No. P00F1321 (MOU) with the Los Angeles County Metropolitan Transportation Authority (Metro); and

WHEREAS, COUNTY is willing to utilize and share wi th CITY the funding provided for in COUNTRY/Metro MOU P00F1321 to finance a portion of COST OF PROJECT; and

WHEREAS, COST OF PROJECT includes the COST OF PREL IMINARY ENGINEERING, COST OF CONSTRUCTION CONTRACT, and COS T OF

CONSTRUCTION ADMINISTRATION; and

WHEREAS, the total COST OF PROJECT is currently estimated to be Four Million Two Hundred Sixty One Thousand Six Hundred and 00/100 Dollars ($4,261,600.00); and

WHEREAS, under the MOU, Metro will provide to COUN TY a grant (GRANT) of up to a maximum of Two Million Six Hundred Twenty-O ne Thousand One Hundred and 00/100 Dollars ($2,621,100.00) for PROJECT; and

WHEREAS, allocation of the Metro grant is currentl y estimated to be, Six Hundred Ninety Thousand Nine Hundred and 00/100 Dollars ($6 90,900.00) towards CITY’s jurisdictional share, One Million Three Hundred Ele ven Thousand and 00/100 Dollars ($1,311,000.00) towards COUNTY’s jurisdictional sha re, Six Hundred Fourteen Thousand Seven Hundred and 00/100 Dollars ($614,700 .00) towards the City of Commerce’s jurisdictional share, and Four Thousand Five Hundred and 00/100 Dollars ($4,500.00) towards City of Los Angeles’ jurisdictional share; and

WHEREAS, CITY is willing to finance its jurisdicti onal share of COST OF PROJECT currently estimated to be Nine Hundred Seventy Nine Thousand Two Hundred and 00/100 Dollars ($979,200.00) by claiming its sh are of COUNTY/Metro grant funds, currently estimated to be Six Hundred Ninety Thousand Nine Hundred and 00/100 Dollars ($690,900.00) and contributing other CITY funds to be a maximum of One Hundred Sixty One Thousand Four Hundred and 00/100 Dollars ($161, 400.00) to finance a portion of the COST OF PROJECT; and

WHEREAS, COUNTY agrees to contribute One Hundred T wenty-Six Thousand nine Hundred and 00/100 Dollars ($126,900.00) to finance a portion of CITY’s COST OF PROJECT; and

WHEREAS, CITY agrees to contribute funds up to a m aximum of One Hundred Sixty-One Thousand Four Hundred and 00/100 Dollars ($161,400.00) to finance a portion of the COST OF PROJECT; and

WHEREAS, CITY'S estimated share is the sum of the costs of actual quantities of construction contract items utilized within CITY jurisdiction plus thirty (30) percent of that for PRELIMINARY ENGINEERING cost, twenty (20) percent of that for CONSTRUCTION ADMINISTRATION cost, twenty (20) percent of that fo r contingencies, and four (4) percent of combined costs of PRELIMINARY ENGINEERIN G and CONSTRUCTION ADMINISTRATION towards contract city liability trust fund altogether estimated to be One Hundred Sixty-One Thousand Four Hundred and 00/100 Dollars ($161,400.00); and

WHEREAS, BASIC TRAFFIC SIGNAL TIMING involves the timing parameters for the general operation of a traffic signal, which ty pically include, but is not limited to, defining the phases, attributes and timing values f or each permitted phase, pedestrian movement, and assigning detection; and

WHEREAS, COORDINATION TRAFFIC SIGNAL TIMING involv es the timing parameters that allow multiple traffic signals to b e synchronized with each other, which typically include defining coordination cycle lengt hs, offsets and time of day operations for each traffic signal coordination plan; and

WHEREAS, COUNTY agrees to be responsible to perform or cause to be performed the PRELIMINARY ENGINEERING, solicitation of construction bids and award of CONSTRUCTION CONTRACT, and CONSTRUCTION AD MINISTRATION for PROJECT; and

WHEREAS, COUNTY agrees to be responsible to perform or cause to be performed the equipment and system testing and deve lop and implement the BASIC TRAFFIC SIGNAL TIMING and COORDINATION TRAFFIC SIGN AL TIMING for PROJECT; and

WHEREAS, such a proposal is authorized and provided for by the provisions of Sections 6500 and 23004, et seq., of the Government Code and Sections 1685 and 1803 of the California Streets and Highways Code.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows:

(1) DEFINITIONS:

a. The term JURISDICTION, as referred to in this AG REEMENT, shall be defined as the area within the jurisdictional boundary of each governmental entity party to this AGREEMENT.

b. PRELIMINARY ENGINEERING, as referred to in this AGREEMENT, shall consist of environmental findings and approvals/per mits; design survey; soils report; traffic index and geotechnical investigatio n; preparation of plans, specifications, and cost estimates; right-of-way engineering; utility engineering; and all other necessary work prior to advertising of PROJECT for construction bids.

c. COST OF CONSTRUCTION CONTRACT, as referred to in this AGREEMENT, shall consist of the actual payments to the constru ction contractor(s) for PROJECT and the total of all payments to utility companies or contractor(s) for the relocation of facilities necessary for the construction of PROJECT, and the cost of any additional unforeseen work that is necessary for the construction of PROJECT.

d. CONSTRUCTION ADMINISTRATION as referred to in this AGREEMENT shall consist of construction contract administration, co nstruction inspection, materials testing, construction survey, traffic det our, signing and striping, construction engineering, utility relocation and co ordination matters, changes

and modifications of plans and specifications for P ROJECT necessitated by unforeseen or unforeseeable field conditions encoun tered during construction of PROJECT, construction contingencies, and all oth er necessary work after advertising of PROJECT for construction bids to cau se PROJECT to be constructed in accordance with said plans and specifications approved by CITY and COUNTY.

e. COST OF PROJECT, as referred to in this AGREEMEN T, shall consist of the COST OF CONSTRUCTION CONTRACT and costs of PRELIMIN ARY

ENGINEERING, CONSTRUCTION ADMINISTRATION, BASIC TRA FFIC SIGNAL TIMING, and COORDINATION TRAFFIC SIGNAL TIMI NG for traffic signals within PROJECT limits, right-of-way acquisition and clearance matters, and all other work and materials necessary to const ruct PROJECT in accordance with the approved plans and shall includ e currently effective percentages added to total salaries, wages, and equ ipment costs to cover overhead, administration, and depreciation in conne ction with any or all of the aforementioned items.

f. Completion of PROJECT as referred to in this AGR EEMENT shall be defined as the date of field acceptance of construction of PROJECT by COUNTY and an electronic notification to CITY'S City Manager that the improvements within CITY'S JURISDICTION are completed and transferred t o CITY for purpose of operation and maintenance.

(2) CITY AGREES:

a. To finance CITY’S share of COST OF PROJECT, the actual amount of which is to be determined by a final accounting, pursuant to paragraph (4) d., below.

b. To deposit with COUNTY, following execution of t his AGREEMENT and upon demand by COUNTY, CITY funds in the amount of One H undred Sixty-One Thousand Four Hundred and 00/100 Dollars ($161,400.00) hereinafter referred as CITY’S PAYMENT. Said demand will consist of a billing invoice prepared by COUNTY and delivered to CITY.

c. To obtain and grant to COUNTY any necessary temp orary right of way within CITY for the construction of PROJECT at no cost to COUNTY.

d. To issue to COUNTY a no-fee permit(s) authorizin g COUNTY to construct those portions of PROJECT with CITY highway right o f way on condition that the COUNTY'S contractor meets the insurance require ments as required and approved by the CITY’s Risk Manager.

e. To cooperate with COUNTY in conducting negotiati ons with and, where appropriate, issue notices to public utilities and owners of substructure and overhead facilities regarding the relocation, remov al, operation, and

maintenance of all surface and underground utilitie s and facilities, structures, and transportation services, which interfere with t he proposed construction.

Where utilities have been installed in CITY streets or on CITY property, CITY will provide the necessary right of way for the rel ocation of those utilities and facilities that interfere with the construction of PROJECT. CITY will take all necessary steps to grant, transfer, or assign all p rior rights over utility companies and owners of substructure and overhead facilities when necessary to construct, complete, and maintain PROJECT.

f. To authorize COUNTY to represent CITY pursuant t o this AGREEMENT, in negotiations pertaining to the advertisement of PROJECT for construction bids, award, and administration of the construction contr act and in all things necessary and proper to complete PROJECT.

g. Upon completion of PROJECT: (1) to accept full a nd complete ownership of, and responsibility for, the PROJECT; and (2) to maintain in good condition and at CITY expense all improvements constructed as par t of PROJECT within CITY'S JURISDICTION, including the BASIC TRAFFIC SI GNAL TIMING and the COORDINATION TRAFFIC SIGNAL TIMING to support synchronization of traffic signals on Olympic Boulevard.

(3) COUNTY AGREES:

a. To perform or cause to be performed the prelimin ary engineering, contract administration, construction inspection and engineering, utility engineering and relocation, traffic detour, BASIC TRAFFIC SIGNAL TIMING, TRAFFIC SIGNAL COORDINATION TIMING, and final signing and striping for PROJECT.

b. To act as lead agency, prepare the necessary env ironmental documents, and make the required environmental findings for PROJEC T pursuant to the California Environmental Quality Act.

c. To contribute COUNTY'S share of COST OF PROJECT, currently estimated to be One Hundred Twenty-Six Thousand Nine Hundred and 00/100 Dollars ($126,900.00).

d. To submit an invoice to CITY in the amount of On e Hundred Sixty One Thousand Four Hundred and 00/100 Dollars ($161,400. 00) upon adoption of this AGREEMENT by COUNTY.

e. To obtain CITY'S approval of plans for PROJECT p rior to advertising for construction bids.

f. To advertise PROJECT for construction bids, to a ward and to administer the construction contract, and to act on behalf of CITY in all negotiations pertaining thereto.

g. To administer the design and construction of PRO JECT in accordance with all regulations and requirements of Metro relating to t he expenditure of Proposition C Local Return funds and Proposition C Twenty-five Percent (25%) Discretionary funds and Memorandum of Understanding No. P00F1321 between COUNTY and Metro. COUNTY'S records for PROJECT shall be open to inspection and subject to audit and reproduction by COUNTY and Metro, or any of their duly authorized representatives, and shall be retained by COUNTY for a period of not less than seven (7) years after final payment to contractor(s) for PROJECT.

h. To ensure that CITY and all officers and employe es of CITY are named as additional insured parties under the construction c ontractor's(s') Contractor's General Liability and automobile insurance policies.

i. To furnish to CITY, within one hundred eighty (1 80) calendar days after final Board acceptance of PROJECT, a final accounting of the actual CITY’S share of COST OF PROJECT including an itemization of actual unit costs and actual contract quantities, as specified in paragraph (3) a., above.

j. To perform or cause to be performed the equipmen t and system testing and to develop and implement the BASIC TRAFFIC SIGNAL TIMI NG and COORDINATION TRAFFIC SIGNAL TIMING for the PROJECT.

k. To return any unexpended CITY funds if COUNTY fa ils to complete all or a portion of PROJECT within CITY’S JURISDICTION.

(4) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS :

a. Nothing in this AGREEMENT is intended to alter T SSP Agreement.

b. The financial obligations of COUNTY pursuant to this AGREEMENT are conditional upon COUNTY obtaining reimbursement fro m Metro pursuant to Memorandum of Understanding No. P00F1321 between COUNTY and Metro.

If COUNTY and/or Metro fails to provide its financi al contribution, then COUNTY shall refund CITY'S payment within ninety (9 0) calendar days after notice from Metro to COUNTY that Metro funds are not available.

c. The final accounting of the actual total COST OF PROJECT shall allocate said total cost between CITY and COUNTY based on the pre viously agreed upon improvements and/or work completed. Thus, the cost of all work or improvements (including all engineering, administra tion, and all other costs incidental to PROJECT work), previously agreed upon as CITY’S share of the COST OF PROJECT, shall be borne by CITY. The cost o f all work or improvements (including all engineering, administra tion, and all other costs

incidental to PROJECT work), previously agreed upon as COUNTY’S share of the COST OF PROJECT, shall be borne by COUNTY.

d. That if at final accounting CITY'S share of COST OF PROJECT exceeds CITY'S PAYMENT, as set forth in paragraph (2) a., a bove, CITY shall pay to COUNTY the additional amount upon demand. Said demand shall consist of a billing invoice prepared by COUNTY. Conversely, if the CITY'S share is less than CITY'S PAYMENT, COUNTY shall refund the differ ence to CITY without further action by CITY.

e. That if CITY'S PAYMENT, as set forth in paragrap h (2) a., above is not delivered to COUNTY office, which is described on the billing invoice prepared by COUNTY within sixty (60) calendar days after the date of said invoice, notwithstanding the provisions of Government Code S ection 907, COUNTY may satisfy such indebtedness, including interest t hereon, from any funds of CITY on deposit with COUNTY after giving notice to CITY of COUNTY'S intention to do so.

f. CITY shall review the final accounting invoice p repared by COUNTY and report in writing any discrepancies to COUNTY within sixty (60) calendar days after the date of said invoice. Undisputed charges shall be paid by CITY to COUNTY within sixty (60) calendar days after the date of s aid invoice. COUNTY shall review all disputed charges and submit a written justification detailing the basis for those charges within sixty (60) calendar days o f receipt of CITY'S written report. CITY shall then make payment of the previou sly disputed charges or submit justification for nonpayment within sixty (60) calendar days after the date of COUNTY'S written justification.

g. COUNTY at any time may, at its sole discretion, designate an alternative payment mailing address and an alternative schedule for payment of CITY funds if applicable. CITY shall be notified of such changes by invoice prepared by COUNTY and delivered to CITY.

h. During construction of PROJECT, COUNTY shall fur nish an inspector or other representative to perform the functions of an inspector. CITY may also furnish, at no cost to COUNTY, an inspector or other represe ntative to inspect construction of the PROJECT. CITY shall have no ob ligation to inspect the PROJECT and no liability shall be attributable as a result of CITY'S inspection or failure to inspect. Said inspectors shall coope rate and consult with each other, but the orders of COUNTY inspector to the co ntractor or any other person in charge of construction shall prevail and be final, and COUNTY inspector shall be responsible for the proper inspe ction of PROJECT as needed.

i. This AGREEMENT may be amended or modified only b y mutual written consent of COUNTY and CITY. Amendments and modific ations of a nonmaterial nature may be made by the mutual written consent of the parties.

j. Any correspondence, communication, or contact co ncerning this AGREEMENT shall be directed to the following:

CITY: Mr. James Enriquez

Director of Public Works
City of Montebello
1600 W Beverly Boulevard
Montebello, CA 90640

COUNTY: Mr. Mark Pestrella
Director of Public Works
Los Angeles County Public Works
P.O. Box 1460
Alhambra, CA 91802-1460

k. COUNTY and CITY acknowledge and recognize that t he improvements contemplated by this AGREEMENT provide significant regional and local benefits with respect to reducing traffic congestion. COUNTY and CITY further acknowledge and recognize that the cost of defendin g claims and lawsuit arising from the improvements contemplated by this AGREEMENT is paid for by public monies and both parties share an interest in reducing the amount of public monies spent on defending claims and lawsuit s where possible without prejudicing their respective defenses.

l. In the event that a claim lawsuit is brought aga inst COUNTY and CITY based on the allegation that the design, construction, maintenance, or operation of the improvements constructed under this AGREEMENT proxi mately caused injuries or damage, COUNTY and CITY agree to cooper ate as much as possible with respect to defending the claim or law suit without causing prejudice to their respective defenses to the claim or lawsuit. Upon receipt of the claim or lawsuit, the COUNTY and CITY, through their respective agents if appropriate, shall promptly investigate the matter. COUNTY and CITY shall then meet and confer promptly regarding whether a joint defense is appropriate or if one party should tender its defense and indemnification to the other party.

m. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed t hat, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold

COUNTY harmless from any liability imposed for inju ry (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the r esponsibility of CITY under this AGREEMENT. Where liability for injury (as defined by Government Code, Section 810.8) is sought to be imposed under Sectio n 830, et seq., of the Government Code for a dangerous condition of property owned by or under the control of CITY, CITY shall fully defend, indemnify , and hold COUNTY harmless from any and all liability arising from such dangerous condition.

n. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, author ity, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or om ission on the part of COUNTY under or in connection with any work, author ity, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT.

o. It is understood and agreed that the provisions of Assumption of Liability Agreement No. 32070 between CITY and COUNTY, adopte d by the Board of Supervisors on December 27, 1977, and currently in effect, are inapplicable to this AGREEMENT.
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IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective office rs, duly authorized, by the CITY OF MONTEBELLO on , 2023, and by the COUNTY OF LOS ANGELES on , 2023.

COUNTY OF LOS ANGELES

By________________________

Director of Public Works

APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel

By______________________
Deputy

CITY OF MONTEBELLO

By________________________
City Manager

ATTEST: APPROVED AS TO FORM:

By __________________________ By_________________ _______ City Clerk City Attorney

SP:\TSM\TRA\TSSP\2007Call\SGV\Olympic\1 C&A\FA\TSSP Funding Coop Mont

AMENDMENT NO. 1 TO AGREEMENT NO. 2508

This AMENDMENT made and entered into by and betwee n the CITY OF MONTEBELLO, a municipal corporation in the County o f Los Angeles, hereinafter referred to as CITY, and the COUNTY OF LOS ANGELES, a political subdivision of the State of California (hereinafter referred to as COUNTY):

WITNESSETH

WHEREAS, CITY and COUNTY previously executed an ag reement on January 28, 2009, to memorialize their understandin g regarding their relative rights, obligations, and duties with respect to the County' s Traffic Signal Synchronization Program (hereinafter referred to as TSSP); and

WHEREAS, CITY and COUNTY desire to amend the agree ment to provide for an expansion of the existing TSSP;

NOW THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, th e agreement is hereby amended as follows:

(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS :

a. The terms and provision of the previously execut ed agreement regarding the CITY's and COUNTY's roles and responsibilities in o perating the TSSP shall remain in full force and effect other than the provisions set forth herein below.

b. ARTERIALS is hereby redefined to include Washing ton Boulevard from Vail Avenue to Bluff Road, Whittier Boulevard from Garfield Avenue to Van Norman Road, Olympic Boulevard from Vail Avenue to Montebe llo Boulevard, and Slauson Avenue from Telegraph Road to Chapin Road.

c. Any correspondence, communication, or contact co ncerning this AMENDMENT shall be directed to the following:

CITY: Mr. James Enriquez
Director of Public Works
City of Montebello
1600 W Beverly Blvd
Montebello, CA 90640

COUNTY: Ms. Elaine Kunitake
Assistant Deputy Director
Los Angeles County Public Works
Traffic Safety and Mobility Division
P.O. Box 1460
Alhambra, CA 91802-1460

IN WITNESS WHEREOF, the parties hereto have caused this AMENDMENT to be executed by their respective officers, duly a uthorized, by the CITY OF MONTEBELLO on_________________, 2023, and by the CO UNTY OF LOS ANGELES on_______________, 2023.

COUNTY OF LOS ANGELES

By______________________________
Director of Public Works

APPROVED AS TO FORM:

DAWYN R. HARRISON
County Counsel

By__________________________
Deputy

CITY OF MONTEBELLO

By_____________________________
City Manager

ATTEST: APPROVED AS TO FORM:

By__________________________ By________________ ______________ City Clerk City Attorney

SHPT\TRAF\AGR\CO GR\MONTEBELLO\TSSP\DRAFT\TSSPCOAGRAMENDMENT.DOCX

WILLIAM T FUJIOKA
Chief Executive Officer
May 13,2008
:-.,/L1/1["To Enrich Lives Through Effective And Caring Service" County of Los Angeles

CHIEF EXECUTIVE OFFICE
713 KENNETH HAHN HALL OF ADMINISTRATION
LOS ANGELES, CALIFORNIA 90012
(213) 974-1101
http://ceofacounty.gov

ADOPTED

BOARD OF SUPERVISORS
COUNTY Or Los 4100E11.5
36 MAY 1 3 2008
DEPARTMENT OF PUBLIC WORKS:

TRAFFIC SIGNAL SYNCHRONIZATION PROGRAM

CITY-COUNTY COOPERATIVE AGREEMENTS
(SUPERVISORIAL DISTRICTS 1, 2, 4, AND 5)
(3 VOTES)
The Honorable Board of SuperV
County of Los Angeles SACHI A. I1AMAI
EXECUTIVE OFFICER383 Kenneth Hahn Hall of Administration 500 West Temple Street
Los Angeles, CA 90012
Dear Supervisors:

Board of Supervisors

GLORIA MOLINA
First District
YVONNE B. BURKE
Second District

ZEV YAROSLAVSKY
Third District

DON KNABE
Fourth District
MICHAEL D. ANTONOVICH
Fifth District

SUBJECT
This action is to approve and authorize the Acting Director of Public Works or his designee to execute Cooperative Agreements between the County of Los Angeles and the Cities of Azusa, Montebello, Rosemead, Santa Fe Springs, South Gate, Linwood, Bellflower, Norwalk, Torrance, and West Covina to participate in the County's Traffic Signal Synchronization Program.

IT IS RECOMMENDED THAT YOUR BOARD:

Approve and authorize the Acting Director of Public Works or his designee to execute Cooperative Agreements between the County of Los Angeles and the Cities of Azusa, Rosemead, Santa Fe Springs, South Gate, Lynwood, Bellflower, Norwalk, orrance, and West Covina to participate in the County's Traffic Signal Synchronization Program. Each agreement describes the roles and responsibilities of each City and the County in carrying out traffic signal synchronization projects on the stated arterials.

The Honorable Board of Supervisors
May 13, 2008

PURPOSE/JUSTIFICATION OF RECOMMENDED ACTION
The purpose of the recommended action is to formalize the roles and responsibilities associated with the operation of traffic signals upon completion of the Department of Public Works' traffic signal synchronization construction projects. The stated arterials in the agreements cover a combination of completed projects, projects underway, and projects nearly ready to begin.

Implementation of Strategic Plan Goals
The Countywide Strategic Plan directs that we provide Service Excellence (Goal 1) as the clarification of roles and responsibilities for traffic signal synchronization projects will improve efficiency, quality, and responsiveness of County transportation services to all residents.

FISCAL IMPACT/FINANCING
There will be no impact to the County General Fund.

FACTS AND PROVISIONS/LEGAL REQUIREMENTS
The attached agreements, which have been approved as to form by County Counsel, provide for the County of Los Angeles and the Cities of Azusa, Montebello, Rosemead, Santa Fe Springs, South Gate, Lynwood, Bellflower, Norwalk, Torrance, and West Covina to adhere to stated responsibilities involved in Traffic Signal Synchronization Program (TSSP) projects.

Since 1988, the Department of Public Works has administered TSSP projects, which have provided a means to coordinate synchronization between arterials of regional significance. TSSP projects improve traffic signal operation by upgrading each traffic signal to Federal and State standards. With each project, we typically install additional vehicle detection to enable each intersection to operate as a fully traffic actuated signalized intersection. In addition, appropriate components are also installed to enable each signal to utilize time-based coordination resulting in the synchronization of a series of signals along an arterial route. These improvements have provided congestion relief and substantially increased mobility through reduced travel times.

The Honorable Board of Supervisors
May 13, 2008

The intent of these agreements is to document the roles and responsibilities of each City and the County when entering into TSSP projects and to confirm the associated liabilities of each agency. Nothing in these agreements will alter the current roles and responsibilities of the County and the Cities in operating and maintaining the traffic signals and signal systems within their respective jurisdiction. The effective date of each agreement, with respect to each stated arterial, is upon the installation of traffic signal timing for individual intersections.

ENVIRONMENTAL DOCUMENTATION
In accordance with Section 15378(b)(4) of the California Environmental Quality Act (CEQA) Guidelines, approval of the recommended action does not constitute a project and, hence, is not subject to the requirements of CEQA.

I MPACT ON CURRENT SERVICES (OR PROJECTS)
There will be no impact on current County services or projects during the performance of the recommended services.

CONCLUSION
Please return one adopted copy of this letter to the Department of Public Works, Traffic and Lighting Division. After final approval by our Acting Director of Public Works or his designee we will provide you with fully executed original copies for your files.

Respectfully submitted,
dierWILLIAM T FUJIOKA
Chief Executive Officer
WTF:DDE
WJW:pc
Attachments (10)
c: County Counsel (Warren Welien)
051308 PW_#15 (Traffic Signal Synchronization Program).doc

AGREEMENT 2508
o 05 13 b 6C,

COUNTY ORIGINAL

AGREEMENT
This AGREEMENT, made and entered into by and between the CITY OF MONTEBELLO, a municipal corporation in the County of Los Angeles, hereinafter referred to as CITY, and the COUNTY OF LOS ANGELES, a political subdivision of the State of California, hereinafter referred to as COUNTY:

WITNESSETH
WHEREAS, Paramount Boulevard from Arroyo Drive to Montebello Boulevard, Montebello Boulevard from Paramount Boulevard to 5 Freeway, Beverly Boulevard from Simmons Avenue to Rea Drive, Garfield Avenue from Pomona Boulevard to Allston Street, and Telegraph Road from Church Road to Slauson Avenue, hereinafter referred to as ARTERIALS, are roadways that are or will soon become a part of the County's Traffic Signal Synchronization Program (hereinafter referred to as TSSP); and WHEREAS, CITY and COUNTY are each responsible for their jurisdictional portion of the operation and maintenance of the traffic signals and signal systems along each of the ARTERIALS;
WHEREAS, CITY and COUNTY have previously cooperated, in carrying out traffic signal synchronization projects on ARTERIALS; and
WHEREAS, COUNTY and CITY desire to memorialize their understanding regarding their relative rights, obligations, and duties with respect to the TSSP.

NOW, THEREFORE, in consideration of the mutual benefits to be derived by CITY and COUNTY and of the promises herein contained, it is hereby agreed as follows:
(1) CITY AGREES:
a. Nothing in this AGREEMENT shall be construed as changing the role of CITY in operating and maintaining the traffic signals within CITY's jurisdiction.
b. To be responsible for maintaining the basic traffic signal timing for the intersections within the jurisdictional boundary of CITY. c. To maintain the traffic signal coordination timing along ARTERIALS to promote coordinated traffic operations, multi jurisdictional cooperation and improve arterial traffic conditions and to make the COUNTY aware of any changes implemented to the coordination timing that may impact the coordination of the traffic signals along the ARTERIALS. d. To accept full and complete ownership of, responsibility for, and to maintain in good condition and at CITY expense all improvements constructed

through individual TSSP Projects within CITY's JURISDICTION, including the timing of traffic signals on ARTERIALS that supports coordination timing and optimum synchronization of traffic signals on ARTERIALS. e. To cooperate with COUNTY and provide requested information in a reasonable and timely fashion in connection with COUNTY's preparation of an annual report for the MTA as referred to in Paragraph (2)c. below. (2) COUNTY AGREES:
a. Nothing in this AGREEMENT shall be construed as changing the role of COUNTY in operating and maintaining the traffic signals and signal systems within CITY's jurisdiction.
b. As a part of construction of individual TSSP Projects, to develop and implement the traffic signal coordination timing along the ARTERIALS that will improve arterial traffic conditions and traffic flow thereby saving motorists time and improving air quality.
c. To file routine reports with the MTA on the efficiency of these Traffic Signal Synchronization Projects by compiling an operational status from individual cities along the ARTERIALS.
(3) IT IS MUTUALLY UNDERSTOOD AND AGREED AS FOLLOWS:
a. This AGREEMENT does not constitute any financial commitment between the CITY and COUNTY.
b. The term of this AGREEMENT shall commence on the date it is approved by the Board of Supervisors and shall continue until any party terminates it upon thirty (30) days prior written notice.
c. Any correspondence, communication, or contact concerning this AGREEMENT shall be directed to the following:

CITY: Mr. Tom Melendrez
City Engineer
City of Montebello
1600 West Beverly Boulevard
Montebello, CA 90640-3970
COUNTY: Mr. William J. Winter
Assistant Deputy Director
Traffic and Lighting Division
County of Los Angeles, Department of Public Works
P.O. Box 1460
Alhambra, CA 91802-1460
d. Neither COUNTY nor any officer or employee of COUNTY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to, assumed by, or determined to be the responsibility of CITY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, CITY shall fully indemnify, defend, and hold COUNTY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of CITY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of CITY under this AGREEMENT. e. Neither CITY nor any officer or employee of CITY shall be responsible for any damage or liability occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT. It is also understood and agreed that, pursuant to Government Code, Section 895.4, COUNTY shall fully indemnify, defend, and hold CITY harmless from any liability imposed for injury (as defined by Government Code, Section 810.8) occurring by reason of any act or omission on the part of COUNTY under or in connection with any work, authority, or jurisdiction delegated to or determined to be the responsibility of COUNTY under this AGREEMENT.
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ATTEST:

By
By
City Att rney , Arnold Alvarz-Glasman
—
CITY ADMINISTRATOR Richard Torr
CITY OF MONTEBr_p
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed by their respective officers, duly authorized, by the CITY OF MONTEBELLO on ,7 , 200f, and by the COUNTY OF LOS ANGELES on 71.A.0.4. Z4 , 2008.

ATTEST: COUNTY OF LOS ANGELES
By
fel Acting Director lc Works
APPROVED AS TO FORM:

RAYMOND G. FORTNER, JR.

County Counsel
By Cp-,--eree...

Deputy
P:\tlpub\WPFILES\FILES\TRA\CO-OP AGREEMENTS \TSSP \TSSP Co-Op Agreement Montebello.DOC

ITEM # 16

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: James Enriquez, Director of Public Works

SUBJECT: APPROVAL OF AMENDMENT NO. 2 TO AGREEMENT NO. 3855 WITH

ULTIMATE MAINTENANCE SERVICES FOR INCREASED CUSTODIAL

SERVICES AT VARIOUS CITY FACILITIES

DATE: April 10, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Amendment No. 2 to Agreement No. 3855 with Ultimate Maintenance Services for Citywide Custodial Services increasing the scope of services and annual fee to an amount not-to-exceed $560,000; and

2. Authorize the City Manager to execute the amendment on behalf of the city; and

3. Amend the Fiscal Year 2022-23 budget by increasing appropriations by $146,000 in Account No. 100-30-510-6040.35 (General Fund, Public Works, Facilities Maintenance, Custodial Services), and $54,000 in Account No. 600-90-900- 6040.35 (Transit Fund, Administration, Custodial Services); and

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

FISCAL IMPACT:

Staff is recommending approval of Amendment No. 2 to Agreement No. 3855 with Ultimate Maintenance Services to increase their contract amount to a not-to-exceed annual fee of Five Hundred and Sixty Thousand dollars ($560,000).

The total not-to-exceed annual cost for Fiscal Year 2022-23 is three hundred and sixty thousand dollars ($360,000) for Citywide Custodial Services. The contract amount for fiscal year 2022-23 includes funding for monthly maintenance.

Additional appropriations to the Fiscal Year 2022-23 Budget are needed to continue the custodial services at various City facilities, including at special events; street fest, opening

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

days, facility rentals, etc. An increase to the contract amount and accompanying purchase order are necessary in order to continue day to day operations and provide custodial services at various city facilities. The FY 2023-24 budget will be developed using the increasing amount of $560,000, split between the General Fund and Transit Fund.

BACKGROUND/DISCUSSION:

On January 27, 2021, after issuing Request for Proposals No. 21-20, the City Council awarded Agreement No. 3855 to Ultimate Maintenance Service to provide custodial services at various city facilities for an annual fee of $346,800. The term of the agreement was for 3 years with an option for two 1-year extensions. Amendment No. 1 to the agreement was executed on November 1, 2021 expanding services and increasing the annual fee to $360,000.

Ultimate Maintenance provides janitorial services for multiple city-owned facilities per Agreement No. 3855 and Amendment No. 1. The scope of work includes service of waste containers, vacuuming, dusting, paper goods replacement, and other janitorial services.

In addition to monthly maintenance of city facilities, Ultimate Maintenance provides extra services for the city on an as-needed basis, as defined in the agreement. Examples of additional services include janitorial services for the park restrooms and trash pickup for special events that are above and beyond regularly scheduled services. Annual special events have increased as Covid restrictions have been lifted, and programming has returned to normal operations. Each event requires janitorial staff to clean restrooms prior to the event, maintain them during the event and assist with general clean-up after the event.

Additionally, the Senior Center is fully available for facility rentals. Typically, facility rentals occur each weekend and require janitorial services in between rentals to ensure the facility is clean and sanitized before the next rental is scheduled. Porter services are also requested to assist with bathroom vandalism and repairs to city facilities.

The additional events have increased the level of service originally contemplated in the agreement and are required to maintain clean facilities with increased usage.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is recommending that the City Council approve Amendment No. 2 to Agreement No. 3855 with Ultimate Maintenance Service, including an increased scope of services and annual fee increase from $360,000 to $560,000; and amend the Fiscal Year 2022-

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

23 budget by increasing appropriations by $146,000 in Account No. 100-30-510-6040.35 (General Fund, Public Works, Facilities Maintenance, Custodial Services), and $54,000 in Account No. 600-90-900-6040.35 (Transit Fund, Administration, Custodial Services).

ATTACHMENT(S)

1. Attachment A - Amendment No. 2

2. Attachment B - Agreement No. 3855 and Amendments

NEXT STEPS:

N/A

CITY OF MONTEBELLO

AMENDMENT NO. 2
TO PROFESSIONAL SERVICES AGREEMENT NO. 3855

WITH ULTIMATE MAINTENANCE SERVICES

This Amendment No. 2 to the Professional Services Agreement (“Amendment No. 2”), is made and entered into this 10 th day of April 2023, (“Effective Date”) by and between the City of Montebello, a California municipal corp oration, (hereinafter referred to as the “City”) and Ultimate Maintenance Services, (hereina fter referred to as the “Contractor”).

The City and the Contractor are sometimes hereinafter individually referred to as a "Party" and jointly as the "Parties".

RECITALS

WHEREAS, the Contractor and the City entered into that certa in Agreement for Citywide Custodial Services by and between the City of Montebello and Ultimate Maintenance Services, dated January 27, 2020 ("Agre ement"), pursuant to which City retained Contractor to provide Citywide Custodial S ervices, as further described in the Agreement; and

WHEREAS, the Parties entered into Amendment No. 1 in Novembe r of 2021 as authorized by the Agreement; and

WHEREAS, the Parties, being mutually satisfied with the othe r Party’s performance of the Agreement, desire to amend the a greement for the purpose of: (i) extending the term of the Agreement for an additional two (2) year term, specifically from January 27, 2023 to January 27, 2025, (ii) expand t he scope of work to include extra services to the City Facilities, and (iii) revise the compensation due to the term extension and expanded scope of work; and

WHEREAS, for the reasons set forth herein, the City and Contractor desire to enter into this Amendment No. 2, as set forth below.

NOW THEREFORE, in consideration of the mutual promises and covenan ts contained herein, the receipt adequacy of which is expressly acknowledged by the Parties, the Parties agree to amend the Agreement as follows:

AMENDMENTS

SECTION 1. Section 1 (C) of the Agreement Services/Compensation is amended to read as follows:

“C. CONTRACTOR shall be compensated for the render ed services as set forth in the Exhibit 1 in an annual amount not-to-exceed $56 0,000. Contractor shall provide an itemized billing statement to CITY each month for P rofessional Services performed.

CONTRACTOR shall not incur fees or costs which exceed the Compensation without the prior written consent of CITY.”

AMENDMENT NO. 2 TO AGREEMENT NO. 3855

SECTION 2. Section 2 of the Agreement Term is amended to read as follows:

‘2. Term. The term of this Agreement shall commenc e on January 27, 2023 and shall continue in full force and effect through and including January 27, 2025, unless extended or sooner terminated as provided in Section 7 herein.”

SECTION 3. Section 1B of the Agreement Services/Compensation i s amended to read as follows:

“B. CONTRACTOR shall provide to City all labor, eq uipment, materials and incidental necessary for a turnkey design-build pro ject as set forth fully in the “Revised Scope of Work” attached hereto as Exhibit 1 and inc orporated fully herein by this reference.

SECTION 4. Except as expressly modified or supplemented by t his Amendment No. 2, all other provisions of the Agreement, shall remain unaltered and in full force and effect.

In the event of conflict between the provisions of this Amendment No. 2 and the provisions of the Agreement, the provisions of this Amendment No. 2 shall control.

[END OF AMENDMENT NO. 2 ]

[SIGNATURES ON THE FOLLOWING PAGES ]

AMENDMENT NO. 2 TO AGREEMENT NO. 3855

IN WITNESS WHEREOF, the Parties execute this Amendment No. 2 to take effect as of the Effective Date identified above.

(“CITY”) (“CONTRACTOR”)

CITY OF MONTEBELLO ULTIMATE MAINTENANCE SERVICES

René Bobadilla, City Manager Claudia Salomon

ATTEST:

Christopher Jimenez, City Clerk

APPROVED AS TO FORM:

Arnold M. Alvarez -Glasman, City Attorney

EXHIBITS:
• Exhibit A – Revised Fee Proposal

April 5, 2023

EXHIBIT A

ITEM # 17

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E. City Manager

BY: Micah Herd, Senior Management Analyst

SUBJECT: APPROVAL OF AGREEMENT NO. 4085 WITH BLACK AND WHITE

EMERGENCY VEHICLES, LLC FOR VEHICLE UPFITTER SERVICES

DATE: April 10, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Agreement No. 4085 with Black and White Emergency Vehicles, LLC, (Black and White) (Agreement No. 4085); and

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

FISCAL IMPACT:

If approved, Agreement No. 4085 with Black and White will have an initial term through June 30, 2025. In addition, the agreement includes two (2), one (1) year extension options.

Compensation for the first year has been pro-rated to $50,000 to ensure sufficient funds are available for the last three (3) months of the current fiscal year (through June 30, 2023). Compensation for the remaining years (Years 2 – 5) will be approximately $200,000 annually. If needed, the City Manager will have the authority to increase the yearly expenditure amount by up to $50,000 annually for the duration of the agreement.

The total maximum compensation shall not exceed $600,000 over the initial term (through June 30, 2025). A full breakdown of the annual compensation can be found in Exhibit B of Agreement No. 4085.

Purchase orders for this service will be generated as needed and based on the available funds in the requesting department's budget. Funding for both the purchase and upfit of vehicles has been included with City Council authorization to procure the vehicles. Therefore, additional appropriations are not needed for Fiscal Year 2022-

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

23. Staff will work with departments during the current FY 2023-24 budget development process to ensure sufficient appropriations exist in department budgets for necessary upfit services. In addition, any new vehicle acquisitions will include -- as did previous procurements -- funding for upfitting the purchased vehicles.

BACKGROUND/DISCUSSION:

Departments have been designated the responsibility of managing and maintaining their vehicle fleets. As part of this process, departments submit annual requests to acquire new vehicles via supplemental budget requests, which management reviews with input from the Department of Finance. The proposal is later submitted to City Council for final review and approval.

During the current fiscal year, City Council authorized the purchase of approximately twenty-five (25) new vehicles to replace aging/older vehicles that have exceeded their usage cycle or to support the expansion of department operations. To ensure these vehicles are service ready, additional supplies, equipment, and services might be required to complete a vehicle upfit (i.e.,adding necessary equipment not included with a "stock" vehicle purchase).

The Police Department primarily uses this service to upfit vehicles used for patrol with additional equipment including lightbars, push bumpers, ballistic panels and other equipment necessary for effective public safety usage and officer safety. However, other departments (e.g., Public Works, Community Development [i.e., Code and Parking Enforcement]), and Parks and Recreation) also use the services of vehicle upfitters. The services of an upfitter are also used to repair and replace damaged equipment.

In 2020, the City of Arcadia established an agreement/purchase order with Black and White Emergency Vehicles, LLC through a competitive process. This purchase agreement is still valid, and Black and White has extended an opportunity to the City to purchase supplies, equipment, and services using the same terms, conditions, and pricing/discount rates (Piggyback Purchase). This exception to the standard bidding process is authorized under Montebello Municipal Code Section 3.20.050 – Piggyback Purchase. The aforementioned municipal code section states:

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

Piggyback Purchase - If the Purchasing Officer determines it to be in the best interest of the City, the Purchasing Officer is authorized to "piggyback" onto or join into an existing written purchase contract obtained through a competitive bidding process prepared by and awarded by another local, state or federal government agency.

The letter from Black and White approving the use of the purchase agreement and their response to the City of Arcadia’s solicitation has been incorporated within Exhibit A of Agreement No. 4085.

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

The City requires the services of a vehicle upfitter that provides supplies, equipment, and services to ensure vehicles used by staff are suitable for use. The Police Department primarily uses this service to upfit both marked and unmarked vehicles; however, other departments also require this service. It is requested that City Council authorize staff to enter into Agreement No. 4085 with Black and White Emergency Vehicles, LLC to ensure these services are available when needed. The total annual cost shall not exceed $250,000 (includes $50,000 contingency), with a total initial term in an amount not-to- exceed $600,000 (through June 30, 2025).

ATTACHMENT(S)

1. Attachment A - Agreement No. 4085 with Black and White Emergency Vehicles

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ITEM # 18

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, City Manager

BY: Micah Herd, Senior Management Analyst

SUBJECT: APPROVAL OF AGREEMENT NO. 4086 WITH PRECISION MATERIAL

MANAGEMENT, LLC FOR ASSET INVENTORY AND VALUATION

SERVICES

DATE: April 10, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Approve Agreement No. 4086 with Precision Material Management, LLC for Asset Inventory and Valuation Services; and

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

FISCAL IMPACT:

Through a competitive Request for Proposals (RFP) process (Attachment A), Precision Material Management, LLC (Precision) was selected to provide asset inventory and valuation services. The "Background" section provides detail on the RFP process and scoring. The attached professional services agreement (Attachment B) has a term of three (3) years. If approved, the total amount of this agreement shall not exceed $75,809 over the initial three (3) year term. This total includes a ten (10) percent contingency for related services.

The following table provides an annual breakdown of the cost:

Year Cost
Year 1 (April 2023 – March 2024) $31,909
Year 2 (April 2024 – March 2025) $21,800
Year 3 (April 2025 – March 2026) $21,800

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

The complete cost breakdown is in Exhibit B – Schedule of Compensation of the agreement. Sufficient funds for services associated with this agreement are available in the current fiscal year budget (Finance and Transit Departments), as procurement of this service was anticipated as part of the Fiscal Year 2022-23 budget development. Funds will be included and budgeted annually through Fiscal Year 2025-26.

BACKGROUND/DISCUSSION:

On June 22, 2022, City Council authorized staff to issue a RFP to hire a consultant to conduct a full asset inventory. The primary objectives of this project are: 1) reviewing existing equipment lists to ensure accuracy; 2) ensure all city-owned equipment is tagged correctly under existing policy guidelines; 3) locate any equipment that is not included on the existing equipment list and update it as necessary; and 4) receive input on and update policy guidelines associated with asset tracking as necessary.

The City utilizes an asset inventory tracking system that uses the asset tracking module in New World Systems (i.e., the City's financial system) and spreadsheets. The existing system has been an effective tool for meeting the City's needs; however, conducting an independent, comprehensive inventory would improve the current system and better position the City as it acquires more assets to handle increased service demand. The work to be performed by Precision would be a physical inventory and asset tagging of all City assets: buses, Fire apparatus, Public Works equipment and vehicles, Police vehicles, sign-boards, trailers, generators, etc. To staff’s knowledge, such an inventory has not been conducted previously.

The prior staff report further explained that while the work mentioned above could be conducted internally, it is believed that doing so would require significant time to complete and would not be in the City's best interest to assign a group of Staff this task as collateral duties to conduct as time allows. An independent third-party firm conducting the assessment will yield impartial results and would serve the most benefit, with the ultimate goal being a full and accurate count of all City assets.

On November 21, 2022, the Department of Finance issued RFP 23 - 1 for Asset Inventory and Valuation Services. This RFP closed on January 24, 2023 (originally, the RFP was scheduled to close on January 12, 2023, but an extension was issued via an Addendum).

According to the available data in the City’s PlanetBids Portal, 36 firms were initially notified, 15 registered as prospective bidders, and three (3) firms submitted questions regarding the RFP. Before the closing date/time, the City received responses from the following firms listed in alphabetical order:

Consultant Name Location
Attain Partners McLean, VA
CBIZ Valuation Group Irvine, CA
HCA Asset Management Bradenton, FL
Precision Material Management Sante Fe Springs, CA
Records Consultants, Inc. San Antonio, TX

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

After receiving the responses, the Department of Finance established an evaluation committee to review each reply and provide feedback. After reviewing the responses and conducting interviews with three (3) top-rated consultants, Precision was selected.

Precision demonstrated the most experience with local municipal agencies and the best understanding of the City’s needs.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Staff is seeking the assistance of a consultant to provide asset inventory and valuation services. This work will help ensure that all assets valued at $5,000 or more are accurately accounted for and appropriately depreciated. For this reason, an RFP was released. After reviewing the responses to the RFP, it is recommended that City Council authorize awarding an agreement to Precision Material Management to provide the necessary services.

ATTACHMENT(S)

1. Attachment A - Agreement No. 4086 with Precision Material Management

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ITEM # 19

CITY OF MONTEBELLO

CITY COUNCIL AGENDA STAFF REPORT

TO: Honorable Mayor and City Council Members

FROM: René Bobadilla, P.E., City Manager

BY: Micah Herd, Senior Management Analyst
Michael Solorza, Director of Finance

SUBJECT: APPROVAL OF BLANKET PURCHASE ORDERS WITH TYLER TECHNOLOGIES, INC. FOR THE ON-GOING USE OF SOFTWARE AND

SUPPORT SERVICES

DATE: April 10, 2023

RECOMMENDATION(S):

It is recommended that the City Council:

1. Authorize software solutions and services by Tyler Technologies, Inc. (Tyler) in an amount not-to-exceed $1,084,238 for the next three (3) years (Fiscal Years 2023- 24 through 2025-26), and

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

FISCAL IMPACT:

The recommended action formalizes the current expenditures related to the various Tyler Technologies' software products utilized by all Departments, with the majority of software expenses related to Police, Public Works, Finance and Public Affairs Departments' operations. The total amount shall not exceed $1,084,238 from Fiscal Year 2023-24 through 2025-26. A breakdown of the projected costs by software component can be found in Attachment A. Departments will generate and issue purchase orders as needed to process invoices based on the availability of funds within the budget. The various software license amounts have been and will continue to be included in each annual department budget. As part of the continuing efforts to improve and formalize the City's procurement practices -- as required by various State audits -- this action is being presented for City Council approval in order to promote transparency and adhere to Municipal Code requirements.

BACKGROUND/DISCUSSION:

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

Tyler is a United States-based software provider primarily serving the public sector. Over the past decade, the City has implemented several of its software solutions to assist with providing services to the community. In general, the solutions offered by Tyler align with the local operating principles of maintaining the City's financial health by using resources that improve the efficient and effective delivery of services.

The following is a list of the primary Tyler software solutions and services in use locally:

Enterprise Resources Planning (ERP) License and Support – The ERP System is a software solution that helps organize, automate, and manage several core operations on a single platform. Using this software, staff efficiently coordinate data flow between business processes. The City’s ERP has been in use since 2013. All departments use the system to manage accounting, budgeting, accounts payable, accounts receivable, cashiering, asset management, contract management, payroll, and human resources activities. The ERP system is utilized to prepare various reports required to present financial data -- quarterly budget updates, budget preparation, treasurer reports, etc. Basic, daily operations such as accounts payable and payroll are conducted using Tyler New World Systems, and as such the ERP system serves as a bedrock and essential software for all City operations.

Annual Comprehensive Financial Report (ACFR) – The ACFR is a set of financial statements for a municipal entity that comply with the accounting requirements established by the Governmental Accounting Standards Board (GASB). The solution offered by Tyler allows the information/data required to generate this report to be available in an easy-to-extract format, which makes publication of this required document more efficient.

Computer-Aided Dispatch (CAD)/Records Management System (RMS) License, Support, and Interfaces – The Police Department utilizes the CAD system to log, prioritize, and track calls for service. Using this system, police personnel can effectively and efficiently receive and transmit information regarding calls for service and document actions for historical purposes. RMS works in conjunction with the CAD system as the software used to generate, retain, and view records pertaining to law enforcement operations. This is another essential piece of software that ensures the public safety of our community. Recent upgrades to the software make it easier to use and provide enhanced connectivity to other local and State public safety agencies.

My CivicApp – My Civic is a comprehensive, customizable platform designed to promote civic engagement within the community. Through a single, public-facing app -- My Montebello -- residents and business owners can access various services, resources, and information, as well as report potholes. graffiti, bulky items and log other concerns. Staff can create analytic reports to improve services and direct funding to respond to the high request submissions.

General Support/Training Services – City staff occasionally encounter issues that are not covered by Tyler's standard support services. Examples include integration/configuration with new software solutions, troubleshooting local

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

software/hardware, or general support/troubleshooting. In addition, departments occasionally coordinate training facilitated by Tyler to ensure staff are using the solutions correctly or to the maximum capacity.

As the creator/manufacturer of the software solutions used locally, Tyler is the only vendor capable of fully providing licensing and support services necessary to ensure the solutions function correctly. In addition, staff has received hundreds of hours of training in the various software products, and the solutions have been integrated into multiple City operations, such as public safety, payroll, accounts payable and required financial reporting. As a result, this service is a sole source and exempt from the competitive bidding process under Montebello Municipal Code Section 3.20.050 - Conformance with Bidding Procedures, which states:

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

When the supplies and equipment needed can be obtained from one source only.

A sole source declaration has been included with this report as Attachment B.

The total cost for the ten different software solutions provided by Tyler over the next three years is projected to be $1,084,238. Annual not-to-exceed totals are summarized below:

Year 1 $377,547
Year 2 $345,495
Year 3 $361,196
Total $1,084,238

Please see Attachment A for a detailed breakdown of the projected cost for each solution and service.

ENVIRONMENTAL:

N/A

ANALYSIS:

N/A

SUMMARY:

Since 2013, the City has used several software solutions offered by Tyler to administer various functions across all departments. The ten (10) different software solutions are integrated into daily City operations, and are most heavily utilized by the Police, Public Works, Finance and Public Affairs Department. The City must maintain annual licensing,

CITY COUNCIL AGENDA REPORT - MEETING OF APRIL 10, 2023

support, and general services with Tyler to keep these solutions operating correctly. City Council is requested to approve the use of up $1,084,238 to issue purchase orders for recurring licensing and support services from Tyler for the next three (3) fiscal years (FY 2023-24 - FY 2025-26).

ATTACHMENT(S)

1. Attachment A - Three (3) Year Projected Cost for Tyler

2. Attachment B - Sole Source Declaration - Tyler

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ATTACHMENT A
Tyler Product Department(s) Year 1 Year 2 Year 3
2021-2022 2022-23 2023-24 2024-25 2025-26
ERP License & Support City-Wide 81,853$ 85,946$ 90,243$ 94,755$ 99,493$ ACFR Builder Finance 2,599$ 2,865$ 3,008$ 3,159$ 3,317$ CAD/RMS License & Support Police 156,842$ 161,916$ 170,011$ 178,512$ 187,438$ LACRIS (One-Time Exp.) (CAD Interface) Police -$ -$ 2,701$ -$ -$ LERMS (CAD Interface) Police -$ -$ 12,481$ 1,361$ 1,429$ CAD Export (CAD Interface) Police -$ -$ 16,880$ 3,024$ 3,175$ Crossroads (One-Time Exp.)(CAD Interface) Police -$ -$ 16,880$ -$ -$ MyCivic Admin - Public Affairs 16,538$ -$ 17,364$ 18,233$ 19,144$ General Support/Training Servcies City-Wide 72,360$ 13,471$ 30,000$ 30,000$ 30,000$ Contingency (5%) -$ -$ 17,978$ 16,452$ 17,200$ Total 330,191$ 264,197$ 377,547$ 345,495$ 361,195$ Total 594,388$ Total 1,084,238$
Notes
Exp. Last 2 yrs Estimated exp. for next 3 years
-General Support/Training category includes CAD/RMS upgrades, conference registration/Training services for all departments, Training services for Finance, etc.
-For FY 2022-23, PD has some incoming invoices for current/prior year projects.

This is not included in the total.

ITEM # 20
PAYMENT OF BILLS: ADOPT RESOLUTION NO. 23-24 APPROVING THE CITY WARRANT REGISTER OF DEMANDS DATED APRIL 10, 2023

RESOLUTION NO. 23-24

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.1549, consisting of 16 pages, and including:

Warrant No.

General: Check No. 599266 through 599505
ACH No. 3750 through 3923
Successor Agency: Check No. 1501 through 1501
ACH No. 13 through 13

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 10th day of April 2023.

_______________________________
David N. Torres, Mayor

ATTEST: APPROVED AS TO FORM:

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

RESOLUTION NO. 23-24

• Exhibit A – Warrant Register

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. 23-24 was passed and adopted by the City Council of the City of Montebello, signed by the Mayor and attested by the City Clerk at a regular meet ing of said Council held on the 10th day of April 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 VENDOR # VENDOR NAME General Account
3750 03/09/2023 $33,000.00 CONTRACT SERVICES 3559 789 INC 3751 03/09/2023 $2,250.00 ADVERTISING/PRINTING SERVICES 1293 923 MEDIA GROUP INC 3752 03/09/2023 $4,433.98 ADVERTISING/PRINTING SERVICES 2689 ACRO PRINTING INC 3753 03/09/2023 $1,460.81 MACHINERY & EQUIPMENTS 20350 ALLSTAR FIRE EQUIPMENT INC 3754 03/09/2023 $10,723.69 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3755 03/09/2023 $347,804.50 CONTRACT SERVICES 3944 AMERICAN LANDSCAPE, INC. 3756 03/09/2023 $6,238.83 CONTRACT SERVICES 3130 BLAIS & ASSOCIATES LLC 3757 03/09/2023 $37,909.73 NOTES PAYABLE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 3758 03/09/2023 $2,372.88 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3759 03/09/2023 $24,720.00 CONTRACT SERVICES 3025 COMPLETE LANDSCAPE CARE INC 3760 03/09/2023 $3,738.58 UNIFORM EXPENSE 3560 ENTENMANN-ROVIN CO 3761 03/09/2023 $2,060.00 CDBG-CV 3169 FOOTHOLD TECHNOLOGY INC 3762 03/09/2023 $102.40 TRAVEL & MEETINGS 3950 IBANEZ, MARIA 3763 03/09/2023 $2,629.78 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 3764 03/09/2023 $448,970.00 CONTRACT SERVICES 3905 LOS ANGELES ENGINEERING, INC. 3765 03/09/2023 $13,933.90 CONTRACT SERVICES 3301 MATER MONTEBELLO LTD PARTNERSHIP 3766 03/09/2023 $5,440.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 3767 03/09/2023 $7,500.00 CONTRACT SERVICES 2205 MGT OF AMERICA 3768 03/09/2023 $877.00 CONTRACT SERVICES 54240 PDQ ENTERPRISES INC 3769 03/09/2023 $1,026.00 CONTRACT SERVICES 2925 R-DOORS INC 3770 03/09/2023 $49,881.80 CONTRACT SERVICES 3191 RL CONTROLS LLC 3771 03/09/2023 $3,998.84 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 3772 03/09/2023 $220.97 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 3773 03/09/2023 $120.34 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 3774 03/09/2023 $240.18 CONTRACT SERVICES 57140 UNDERGROUND SERVICE ALERT OF SOUTHERN CA 3775 03/16/2023 $97,994.80 CONTRACT SERVICES 3411 AIM CONSULTING SERVICES City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
3776 03/16/2023 $3,180.14 UNIFORM EXPENSE 20350 ALLSTAR FIRE EQUIPMENT INC 3777 03/16/2023 $71,773.15 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN 3778 03/16/2023 $6,998.93 VEHICLE MAINTENANCE/EXPENSES 2586 AMAZON CAPITAL SERVICES INC 3779 03/16/2023 $8,872.55 VEHICLE MAINTENANCE/EXPENSES 47980 AMERICAN MOVING PARTS 3780 03/16/2023 $400.00 CONTRACT SERVICES 2365 LETICIA TORRES 3781 03/16/2023 $13,201.22 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3782 03/16/2023 $1,476.48 CONTRACT SERVICES 1237 AZTECA LANDSCAPE 3783 03/16/2023 $30.00 CARPOOL INCENTIVE 3809 SAMANTHA CHENELIA 3784 03/16/2023 $99.23 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC 3785 03/16/2023 $1,121.06 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3786 03/16/2023 $851.58 CONTRACT SERVICES 3982 EVERNORTH CARE SOLUTIONS, INC. 3787 03/16/2023 $6,333.10 LEASE PAYMENT 74920 EXECUTIVE CAR LEASING COMPANY 3788 03/16/2023 $40.00 CARPOOL INCENTIVE 2572 MARLENE GIL 3789 03/16/2023 $40.00 CARPOOL INCENTIVE 3706 ALEX GILLMAN 3790 03/16/2023 $40.00 CARPOOL INCENTIVE 3123 NEIRA YESSIE GRANADOS 3791 03/16/2023 $92.64 VEHICLE MAINTENANCE/EXPENSES 22560 H & H AUTO PARTS WHOLESALE 3792 03/16/2023 $40.00 CARPOOL INCENTIVE 3196 MICAH HERD 3793 03/16/2023 $40.00 CARPOOL INCENTIVE 4280 NADINE HERNANDEZ 3794 03/16/2023 $247.07 VEHICLE MAINTENANCE/EXPENSES 29680 INLAND KENWORTH INC 3795 03/16/2023 $10,175.96 CONTRACT SERVICES 3490 INTER-CON SECUIRTY SYSTEMS INC 3796 03/16/2023 $6,587.68 CONTRACT SERVICES 2152 JOHNSON CONTROLS INC 3797 03/16/2023 $202.00 EDUCATION REIMBURSEMENT 2704 JACQUELINE LEON 3798 03/16/2023 $955.44 SUPPLIES 26670 LIFE-ASSIST INC
3799 03/16/2023 $30.00 CARPOOL INCENTIVE 3810 ALEXIS LUCERO 3800 03/16/2023 $9,095.00 CONTRACT SERVICES 19040 MUNICIPAL CONTRACT ADMINISTRATORS INC 3801 03/16/2023 $970.00 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 3802 03/16/2023 $84,964.07 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
3803 03/16/2023 $71.00 CONTRACT SERVICES 3028 ONWARD ENGINEERING 3804 03/16/2023 $40.00 CARPOOL INCENTIVE 138 BRIANNON PADILLA 3805 03/16/2023 $40.00 CARPOOL INCENTIVE 59960 JO ANN PANOSIAN 3806 03/16/2023 $601.00 CONTRACT SERVICES 3147 PMC PLUMBING INC 3807 03/16/2023 $40.00 CARPOOL INCENTIVE 3712 MATTHEW ROBERT RAMOS 3808 03/16/2023 $9.89 SUPPLIES 1120 BLUETRITON BRANDS INC 3809 03/16/2023 $1,462.57 UNIFORM EXPENSE 2594 THE SAUCE CREATIVE SERVICES CORP 3810 03/16/2023 $40.00 CARPOOL INCENTIVE 69960 NICOLE I SAUCEDO 3811 03/16/2023 $40.00 CARPOOL INCENTIVE 2985 KEVIN SAYCOCIE 3812 03/16/2023 $40.00 CARPOOL INCENTIVE 24280 MARTIN SOLANO 3813 03/16/2023 $40.00 CARPOOL INCENTIVE 3001 MICHAEL SOLORZA 3814 03/16/2023 $216.62 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 3815 03/16/2023 $227.27 TRAVEL & MEETINGS 3247 WENDY TAING 3816 03/16/2023 $40.00 CARPOOL INCENTIVE 3053 MICHAEL TELLES 3817 03/16/2023 $7,000.00 CONTRACT SERVICES 3433 VECTIS DC LLC 3818 03/16/2023 $291.00 CONTRACT SERVICES 3140 WEX HEALTH INC 3819 03/16/2023 $236.69 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 3820 03/16/2023 $14.99 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3821 03/16/2023 $14.99 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3822 03/16/2023 $269.26 SUPPLIES 3163 BANK OF AMERICA
3823 03/16/2023 $5,554.05 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3824 03/16/2023 $2,648.25 SUPPLIES 3163 BANK OF AMERICA 3825 03/16/2023 $3,119.55 SUPPLIES 3163 BANK OF AMERICA 3826 03/16/2023 $652.84 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3827 03/16/2023 $2,337.00 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3828 03/16/2023 $2,862.46 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3829 03/16/2023 $4,418.23 TRAVEL & MEETINGS 3163 BANK OF AMERICA

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
3830 03/16/2023 $7,730.00 SUPPLIES 3163 BANK OF AMERICA 3831 03/16/2023 $79.34 SUPPLIES 3163 BANK OF AMERICA
3832 03/16/2023 $190.12 SUPPLIES 3163 BANK OF AMERICA
3833 03/16/2023 $6,054.82 SUPPLIES 3163 BANK OF AMERICA 3834 03/16/2023 $2,241.44 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3835 03/16/2023 $3,157.97 SUPPLIES 3163 BANK OF AMERICA 3836 03/16/2023 $2,252.39 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3837 03/16/2023 $7,044.90 ADVERTISING/PRINTING SERVICES 3163 BANK OF AMERICA 3838 03/16/2023 $2,773.22 SUPPLIES 3163 BANK OF AMERICA 3839 03/16/2023 $153.32 SUPPLIES 3163 BANK OF AMERICA
3840 03/16/2023 $60.35 SUPPLIES 3163 BANK OF AMERICA
3841 03/16/2023 $185.99 SUPPLIES 3163 BANK OF AMERICA
3842 03/16/2023 $19.80 SUPPLIES 3163 BANK OF AMERICA
3843 03/16/2023 $202.17 SUPPLIES 3163 BANK OF AMERICA
3844 03/16/2023 $159.79 SUPPLIES 3163 BANK OF AMERICA
3845 03/16/2023 $477.07 SUPPLIES 3163 BANK OF AMERICA
3846 03/16/2023 $161.48 SUPPLIES 3163 BANK OF AMERICA
3847 03/16/2023 $296.84 SUPPLIES 3163 BANK OF AMERICA
3848 03/16/2023 $166.44 SUPPLIES 3163 BANK OF AMERICA
3849 03/16/2023 $463,154.07 RETIREMENT 17 CAL PERS
3850 03/23/2023 $930,134.56 BUILDING IMPROVEMENTS 3981 ALLIANCE BUILDING SOLUTIONS, INC. 3851 03/23/2023 $920.74 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3852 03/23/2023 $45,030.94 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3853 03/23/2023 $564.49 CONTRACT SERVICES 2889 COMLOCK SECURITY GROUP INC 3854 03/23/2023 $1,171.41 SUPPLIES 70920 DECALS BY DESIGN INC 3855 03/23/2023 $25,302.45 TRANSIT CHARGES FOR SERVICES 75950 FIESTA TAXI COOPERATIVE INC 3856 03/23/2023 $34.00 CONTRACT SERVICES 23660 DAIOHS USA

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
3857 03/23/2023 $2,078.38 SUPPLIES 1612 JCL TRAFFIC SERVICES 3858 03/23/2023 $32.06 SUPPLIES 2811 LIGHT BULB DEPOT 38 LLC 3859 03/23/2023 $137,580.09 CONTRACT SERVICES 2954 MANHOLE ADJUSTING INC 3860 03/23/2023 $12,102.00 CONTRACT SERVICES 4008 MITSUBISHI ELECTRIC POWER PRODUCTS INC 3861 03/23/2023 $1,524.93 VEHICLE MAINTENANCE/EXPENSES 1385 MUNCIE RECLAMATION AND SUPPLY COMPANY 3862 03/23/2023 $640.00 CONTRACT SERVICES 19250 N/S CORPORATION 3863 03/23/2023 $1,334,066.76 VEHICLE PURCHASES 24690 NEW FLYER AMERICA (USA) INC 3864 03/23/2023 $154.58 TRAVEL & MEETINGS 33900 ELIZABETH ORTEGA 3865 03/23/2023 $114.02 SUPPLIES 1120 BLUETRITON BRANDS INC 3866 03/23/2023 $99,713.06 FUEL INVENTORY 1059 AMBER RESOURCES LLC 3867 03/23/2023 $441.74 SUPPLIES 2686 THE SHERWIN-WILLIAMS CO 3868 03/23/2023 $72,537.96 CONTRACT SERVICES 3439 SPORTFIVE GOLF LLC 3869 03/23/2023 $278.91 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 3870 03/23/2023 $57.88 SUPPLIES 3088 WAXIES ENTERPRISES LLC 3871 03/23/2023 $1,383.65 CONTRACT SERVICES 1657 OSCAR ZAVALAS 3872 03/23/2023 $2,474.69 SUPPLIES 3163 BANK OF AMERICA 3873 03/23/2023 $1,627.34 SUPPLIES 3163 BANK OF AMERICA 3874 03/23/2023 $132.24 SUPPLIES 3163 BANK OF AMERICA
3875 03/23/2023 $3,525.68 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3876 03/23/2023 $116.34 SUPPLIES 3163 BANK OF AMERICA
3877 03/23/2023 $306.00 SUPPLIES 3163 BANK OF AMERICA
3878 03/23/2023 $1,516.02 MACHINERY & EQUIPMENTS 3163 BANK OF AMERICA 3879 03/23/2023 $1,338.98 SUPPLIES 3163 BANK OF AMERICA 3880 03/23/2023 $82.87 FUEL 3163 BANK OF AMERICA
3881 03/23/2023 $1,794.24 VEHICLE MAINTENANCE/EXPENSES 3163 BANK OF AMERICA 3882 03/23/2023 $77.56 SUPPLIES 3163 BANK OF AMERICA
3883 03/23/2023 $142.38 FUEL 3163 BANK OF AMERICA

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
3884 03/23/2023 $175.74 FUEL 3163 BANK OF AMERICA
3885 03/23/2023 $708.41 SUPPLIES 3163 BANK OF AMERICA
3886 03/23/2023 $87.32 CONTRACT SERVICES 3163 BANK OF AMERICA 3887 03/23/2023 $331.19 FUEL 3163 BANK OF AMERICA
3888 03/23/2023 $69.69 FUEL 3163 BANK OF AMERICA
3889 03/23/2023 $20.00 SUPPLIES 3163 BANK OF AMERICA
3890 03/23/2023 $838.89 SUPPLIES 3163 BANK OF AMERICA
3891 03/23/2023 $3,772.41 SUPPLIES 3163 BANK OF AMERICA 3892 03/23/2023 $4,922.49 CONTRACT SERVICES 3163 BANK OF AMERICA 3893 03/23/2023 $2,757.40 SUPPLIES 3163 BANK OF AMERICA 3894 03/23/2023 $27.90 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 3895 03/23/2023 $84.55 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 3896 03/23/2023 $115.00 MAIL/ POSTAL EXPENSE 3163 BANK OF AMERICA 3897 03/23/2023 $225.35 TRAVEL & MEETINGS 3163 BANK OF AMERICA 3898 03/23/2023 $1,655.82 SUPPLIES 3163 BANK OF AMERICA 3899 03/23/2023 $2,352.55 DUES & SUBSCRIPTIONS 3163 BANK OF AMERICA 3900 03/23/2023 $1,475.62 SUPPLIES 3163 BANK OF AMERICA 3901 03/23/2023 $6,405.21 SUPPLIES 3163 BANK OF AMERICA 3902 03/30/2023 $39,774.35 VEHICLE PURCHASES 1700 72 HOUR LLC 3903 03/30/2023 $525.87 MACHINERY & EQUIPMENTS 20350 ALLSTAR FIRE EQUIPMENT INC 3904 03/30/2023 $6,619.13 SUPPLIES 2586 AMAZON CAPITAL SERVICES INC 3905 03/30/2023 $608,660.25 CONTRACT SERVICES 3944 AMERICAN LANDSCAPE, INC. 3906 03/30/2023 $217.19 SUPPLIES 62880 AMERICAN MARKER
3907 03/30/2023 $13,403.25 CONTRACT SERVICES 3016 ANTARES GOLF LLC 3908 03/30/2023 $295.28 SUPPLIES 35980 SAEED RADMEHR
3909 03/30/2023 $8,895.50 NOTES PAYABLE 19120 CENTRAL BASIN MUNICIPAL WATER DISTRICT 3910 03/30/2023 $1,134.09 SUPPLIES 10000 CLEAN SWEEP SUPPLY CO INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
3911 03/30/2023 $6,145.03 SUPPLIES 43860 MYERS & SONS HI-WAY SAFETY INC 3912 03/30/2023 $2,643.48 COPIER REPAIR/SERVICES 2793 IBE DIGITAL 3913 03/30/2023 $5,639.00 SUPPLIES 26670 LIFE-ASSIST INC 3914 03/30/2023 $145,587.00 CONTRACT SERVICES 3905 LOS ANGELES ENGINEERING, INC. 3915 03/30/2023 $370.00 CONTRACT SERVICES 26880 SEBASTIAN WATERWORKS INC 3916 03/30/2023 $45,366.30 CONTRACT SERVICES 35250 NATIONWIDE ENVIRONMENTAL SERVICES 3917 03/30/2023 $39,636.00 CONTRACT SERVICES 42180 PCAM LLC 3918 03/30/2023 $325.00 CONTRACT SERVICES 3147 PMC PLUMBING INC 3919 03/30/2023 $290.00 CONTRACT SERVICES 3285 DIANA E RAMIREZ 3920 03/30/2023 $635.86 SUPPLIES 2594 THE SAUCE CREATIVE SERVICES CORP 3921 03/30/2023 $9,927.33 FUEL INVENTORY 1059 AMBER RESOURCES LLC 3922 03/30/2023 $793.35 SUPPLIES 31270 STARBOARD TACK SUPPLY INC 3923 03/30/2023 $2,900.00 IMPROVEMENTS OTHER THAN BUILDING 3021 WEST & ASSOCIATES ENGINEERING INC ACH TOTAL $5,511,203.24
599266 03/09/2023 $68.37 MACHINERY & EQUIPMENTS 3179 ADOBE INC 599267 03/09/2023 $240,231.16 IMPROVEMENTS OTHER THAN BUILDING 199 ALL AMERICAN ASPHALT 599268 03/09/2023 $1,487.50 CONTRACT SERVICES 3488 ASPIRE RX INC 599269 03/09/2023 $592.92 UTILITY SERVICES 39550 AT&T
599270 03/09/2023 $4,100.00 CONTRACT SERVICES 3868 ATLANTIC STRATEGIES, LLC 599271 03/09/2023 $104,761.49 CONTRACT SERVICES 2589 AXON ENTERPRISE INC 599272 03/09/2023 $23,630.00 CONTRACT SERVICES 3953 BANNER BANK 599273 03/09/2023 $2,094.75 CONTRACT SERVICES 3121 C & O MFG 599274 03/09/2023 $384.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 599275 03/09/2023 $1,202.09 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 599276 03/09/2023 $500.00 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 599277 03/09/2023 $4,579.93 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599278 03/09/2023 $700.00 CONTRACT SERVICES 2759 D F POLYGRAPH 599279 03/09/2023 $300.00 CONTRACT SERVICES 3934 EVERYTABLE PBC 599280 03/09/2023 $61.14 MAIL/ POSTAL EXPENSE 22400 FEDERAL EXPRESS CORPORATION 599281 03/09/2023 $2,262.11 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 599282 03/09/2023 $323.06 SUPPLIES 55650 GALLS LLC
599283 03/09/2023 $117.00 CONTRACT SERVICES 28730 GARFIELD CAR WASH 599284 03/09/2023 $121.21 VEHICLE MAINTENANCE/EXPENSES 455 GOLDEN STATE FASTENERS & SUPPLY INC 599285 03/09/2023 $30.32 SUPPLIES 3807 VICTOR GONZALEZ
599286 03/09/2023 $6,649.45 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 599287 03/09/2023 $751.00 SUPPLIES 3109 HOSPITAL ASSOC OF SOUTHERN CALIFORNIA 599288 03/09/2023 $493.01 CONTRACT SERVICES 2852 ICE STAR REFRIGERATION LLC 599289 03/09/2023 $649.42 CONTRACT SERVICES 1357 IRON MOUNTAIN INC 599290 03/09/2023 $175.00 CONTRACT SERVICES 993 IVA SOLUTIONS INC 599291 03/09/2023 $2,400.00 CONTRACT SERVICES 3480 JEFFREY ALAN TRAVIS 599292 03/09/2023 $900.00 TRAINING 3998 RAMONA LANGER
599293 03/09/2023 $500.00 CONTRACT SERVICES 26920 LEAGUE OF CALIFORNIA CITIES 599294 03/09/2023 $361,987.20 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 599295 03/09/2023 $500.00 DUES & SUBSCRIPTIONS 56630 LACPCA 599296 03/09/2023 $0.00 VOID/REISSUE 4002 MANTECA POLICE EXPLORERS 599297 03/09/2023 $20,758.69 CONTRACT SERVICES 3489 MARK THOMAS & COMPANY INC 599298 03/09/2023 $8,660.12 UTILITY SERVICES 4760 MONTEBELLO LAND & WATER CO 599299 03/09/2023 $990.04 VEHICLE MAINTENANCE/EXPENSES 54300 SHAK ENTERPRISES INC 599300 03/09/2023 $3,241.41 CONTRACT SERVICES 3225 NELSON NYGAARD CONSULTING ASSOC INC 599301 03/09/2023 $2,300.31 SUPPLIES 15620 OFFICE DEPOT INC 599302 03/09/2023 $43,565.56 CONTRACT SERVICES 3526 PATH 599303 03/09/2023 $46.56 UTILITY SERVICES 100 PICO WATER DISTRICT 599304 03/09/2023 $2,524.57 CONTRACT SERVICES 59760 POWER PLUS INTERNATIONAL INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599305 03/09/2023 $800.00 TRAINING 979 PRADO FAMILY SHOOTING RANGE 599306 03/09/2023 $1,826.63 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 599307 03/09/2023 $175.00 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 599308 03/09/2023 $60.00 PARKS AND RECREATION 4001 RICKY RODRIGUEZ 599309 03/09/2023 $285.00 TRAINING 43150 SAN BERNARDINO COUNTY SHERIFFS DEPARTMENT 599310 03/09/2023 $35.00 TRAVEL & MEETINGS 34990 SAN GABRIEL VALLEY CITY MANAGERS ASSOC 599311 03/09/2023 $4,236.28 UTILITY SERVICES 51430 SOUTH MONTEBELLO IRRIGATION DISTRICT 599312 03/09/2023 $41,061.19 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599313 03/09/2023 $53,388.04 FUEL INVENTORY 40520 SOUTHERN CALIFORNIA GAS CO 599314 03/09/2023 $22,229.94 FRINGE BENEFITS 25850 STANDARD INSURANCE COMPANY 599315 03/09/2023 $485.54 CONTRACT SERVICES 1963 SUEZ WTS SERVICES USA INC 599316 03/09/2023 $2,932.65 SUPPLIES 2573 TELEFLEX LLC
599317 03/09/2023 $99,997.18 MACHINERY & EQUIPMENTS 3440 TOTAL ONLINE PROTECTION LLC 599318 03/09/2023 $425.00 CONTRACT SERVICES 3647 TIM KARL TRAEGER 599319 03/09/2023 $3,514.47 CONTRACT SERVICES 20070 UC REGENTS 599320 03/09/2023 $8,059.60 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 599321 03/09/2023 $4,927.23 UTILITY SERVICES 23610 VERIZON WIRELESS 599322 03/09/2023 $191.63 SUPPLIES 9470 W W GRAINGER INC 599323 03/09/2023 $4,500.00 CONTRACT SERVICES 3323 WASHINGTON CONSULTING GROUP LLC 599324 03/09/2023 $1,185.41 SUPPLIES 67320 WINZER
599325 03/09/2023 $60.00 PARKS AND RECREATION 3954 FLORES SILVIA 599326 03/09/2023 $40.00 CARPOOL INCENTIVE 3893 MICHAEL FRANCO LOPEZ 599327 03/09/2023 $1,025.00 TRAINING 4002 MANTECA POLICE EXPLORERS 599328 03/09/2023 $440.59 MISCELLANEOUS EXPENSE 43760 ALFRED MARTINEZ 599329 03/09/2023 $120.00 PARKS AND RECREATION 3535 HECTOR RAMIREZ 599330 03/16/2023 $16,527.06 VEHICLE MAINTENANCE/EXPENSES 3333 A & A FLEET PAINTING INC 599331 03/16/2023 $2,466.00 CONTRACT SERVICES 3824 AAA RENTS AND EVENTS INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599332 03/16/2023 $59.03 UTILITY SERVICES 1732 AT&T CORP 599333 03/16/2023 $1,500.00 EDUCATION REIMBURSEMENT 4006 JESUS ALCARAZ 599334 03/16/2023 $1,500.00 CONTRACT SERVICES 17010 ARROYO BACKGROUND INVESTIGATIONS LLC 599335 03/16/2023 $2,464.39 UTILITY SERVICES 39550 AT&T 599336 03/16/2023 $4.77 UTILITY SERVICES 39550 AT&T
599337 03/16/2023 $3,520.43 CONTRACT SERVICES 16710 ATKINSON ANDELSON LOYA RUUD & ROMO 599338 03/16/2023 $181.47 TRAVEL & MEETINGS 3980 RICHARD BOUT 599339 03/16/2023 $95.00 GENERAL GOVERNMENT 4007 DEBBIE CALDERON 599340 03/16/2023 $362.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 599341 03/16/2023 $6,080.39 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 599342 03/16/2023 $1,092.56 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599343 03/16/2023 $5,556.87 UTILITY SERVICES 55830 CHARTER COMMUNICATIONS 599344 03/16/2023 $4,302.76 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 599345 03/16/2023 $384.52 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 599346 03/16/2023 $60.00 CONTRACT SERVICES 3204 COASTAL OCCUPATIONAL MEDICAL GROUP 599347 03/16/2023 $2,837.90 VEHICLE MAINTENANCE/EXPENSES 950 CUMMINS INC 599348 03/16/2023 $352.56 CONTRACT SERVICES 3334 EAGLE PORTABLES SANITATION LLC 599349 03/16/2023 $901.35 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 599350 03/16/2023 $15,712.63 DUES & SUBSCRIPTIONS 1447 GATEWAY WATER MANAGEMENT AUTHORITY 599351 03/16/2023 $127.31 CONTRACT SERVICES 1650 GOLDEN STATE ELEVATOR SERVICE INC 599352 03/16/2023 $693.01 VEHICLE MAINTENANCE/EXPENSES 455 GOLDEN STATE FASTENERS & SUPPLY INC 599353 03/16/2023 $273.83 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 599354 03/16/2023 $739.50 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 599355 03/16/2023 $341.37 CONTRACT SERVICES 3036 HERITAGE-CRYSTAL CLEAN LLC 599356 03/16/2023 $159.00 EDUCATION REIMBURSEMENT 3528 ESTEFANIA HERNANDEZ 599357 03/16/2023 $897.00 EDUCATION REIMBURSEMENT 3547 ZACHARY HUMBER 599358 03/16/2023 $1,689.00 CONTRACT SERVICES 3235 ION SECURITY SYSTEMS

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599359 03/16/2023 $991.00 CONTRACT SERVICES 3978 ISLAS TIRES INC. 599360 03/16/2023 $694.32 TRAVEL & MEETINGS 2317 ANGIE JIMENEZ 599361 03/16/2023 $287.42 TRAVEL & MEETINGS 3122 ADRIANNA KENDRICKS 599362 03/16/2023 $300.00 DUES & SUBSCRIPTIONS 56630 LACPCA 599363 03/16/2023 $4,067.74 CONTRACT SERVICES 3380 MICHAEL T BLEAZARD 599364 03/16/2023 $1,984.50 VEHICLE MAINTENANCE/EXPENSES 7110 MOHAWK MFG & SUPPLY CO 599365 03/16/2023 $1,172.50 CONTRACT SERVICES 1073 MONJARAS & WISMEYER GROUP INC 599366 03/16/2023 $40.00 CARPOOL INCENTIVE 3657 STACEY MORALES 599367 03/16/2023 $4,887.46 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 599368 03/16/2023 $480.00 CONTRACT SERVICES 4009 ANTONIO NAVARRO-GONZALEZ 599369 03/16/2023 $2,395.00 CONTRACT SERVICES 4010 NESHAMA 456 LLC 599370 03/16/2023 $2,395.00 CONTRACT SERVICES 4010 NESHAMA 456 LLC 599371 03/16/2023 $3,514.41 SUPPLIES 15620 OFFICE DEPOT INC 599372 03/16/2023 $4,574.50 CONTRACT SERVICES 3896 ROBERT J ORTIZ 599373 03/16/2023 $38.07 SUPPLIES 47480 FRANCISCO J OSORIO 599374 03/16/2023 $40.00 CARPOOL INCENTIVE 65330 WENDY PEREZ 599375 03/16/2023 $179.42 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 599376 03/16/2023 $175.76 SUPPLIES 503 QUADIENT INC
599377 03/16/2023 $7,270.59 CONTRACT SERVICES 3943 R&S OVERHEAD DOORS OF COMMERCE, INC. 599378 03/16/2023 $3,615.32 CONTRACT SERVICES 1645 RJN INVESTIGATIONS INC 599379 03/16/2023 $40.00 CARPOOL INCENTIVE 3584 BRENDA RODRIGUEZ 599380 03/16/2023 $145.63 VEHICLE MAINTENANCE/EXPENSES 3095 RUSH TRUCK CENTERS OF CALIFORNIA INC 599381 03/16/2023 $1,240.60 CONTRACT SERVICES 673 SILVER & WRIGHT LLP 599382 03/16/2023 $112,155.38 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599383 03/16/2023 $10,092.87 CONTRACT SERVICES 13580 TENNANT SALES AND SERVICE CO 599384 03/16/2023 $339.40 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 599385 03/16/2023 $192.61 DUES & SUBSCRIPTIONS 41430 THOMSON REUTERS - WEST

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599386 03/16/2023 $2,498.27 UTILITY SERVICES 72570 US TELEPACIFIC CORP 599387 03/16/2023 $370,097.22 CONTRACT SERVICES 1639 TRANSTECH ENGINEERS INC 599388 03/16/2023 $27,009.66 CONTRACT SERVICES 3187 TRISTAR RISK MANAGEMENT 599389 03/16/2023 $1,398.00 TRAINING 2699 KIM TUNRER
599390 03/16/2023 $4,650.95 SUPPLIES 45120 ULINE INC
599391 03/16/2023 $4,629.37 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 599392 03/16/2023 $1,844.96 UTILITY SERVICES 23610 VERIZON WIRELESS 599393 03/16/2023 $385.26 SUPPLIES 9470 W W GRAINGER INC 599394 03/16/2023 $1,311.98 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 599395 03/16/2023 $3,690.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 599396 03/23/2023 $3,951.75 SUPPLIES 1670 ADAMSON POLICE PRODUCTS 599397 03/23/2023 $13,721.52 AFLAC OTHER 55860 AFLAC
599398 03/23/2023 $6,392.00 DUES & SUBSCRIPTIONS 48790 AREA E CIVIL DEFENSE & DISASTER BOARD 599399 03/23/2023 $30.00 PARKS AND RECREATION 4011 VIRDIANA ARZOLA 599400 03/23/2023 $352.43 UTILITY SERVICES 39550 AT&T
599401 03/23/2023 $4,971.26 UTILITY SERVICES 39550 AT&T 599402 03/23/2023 $2,387.69 UTILITY SERVICES 38380 AT&T 599403 03/23/2023 $587.55 SALES TAX LIABILITY 74990 AUTOZONE INC 599404 03/23/2023 $200.00 CONTRACT SERVICES 2769 KATALINA BELTRAN 599405 03/23/2023 $324.00 CONTRACT SERVICES 58240 STATE OF CALIFORNIA-DEPARTMENT OF JUSTICE 599406 03/23/2023 $169.76 UTILITY SERVICES 47580 CALIFORNIA WATER SERVICE COMPANY 599407 03/23/2023 $349.52 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 599408 03/23/2023 $155.23 TRAVEL & MEETINGS 4021 MICHELE COOK 599409 03/23/2023 $4,503.17 ADVERTISING/PRINTING SERVICES 1354 DAILY JOURNAL CORPORATION 599410 03/23/2023 $43,238.94 OTHER GROUP INSURANCE PAYABLE 4110 DELTA DENTAL OF CALIFORNIA 599411 03/23/2023 $858.50 ADVERTISING/PRINTING SERVICES 3492 DP TRADING 599412 03/23/2023 $227.39 SALES TAX LIABILITY 1894 ECONOMY RENTAL INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599413 03/23/2023 $200.00 TRAINING 3746 PAUL ESPINOSA
599414 03/23/2023 $55.00 GENERAL GOVERNMENT 4012 BLANCA ESPINOZA 599415 03/23/2023 $2,670.73 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 599416 03/23/2023 $2,925.00 CONTRACT SERVICES 1595 FROG ENVIRONMENTAL INC 599417 03/23/2023 $74.15 CONTRACT SERVICES 506 SPX CORPORATION 599418 03/23/2023 $3,107.15 VEHICLE MAINTENANCE/EXPENSES 33720 GILLIG LLC 599419 03/23/2023 $61.50 MAIL/ POSTAL EXPENSE 3167 GLS US 599420 03/23/2023 $19,366.48 CONTRACT SERVICES 33460 GOODYEAR TIRE & RUBBER COMPANY 599421 03/23/2023 $250.00 GENERAL GOVERNMENT 4013 ELBA GRANADOS 599422 03/23/2023 $450.00 TRAINING 4018 LYDIE GUTFELD
599423 03/23/2023 $418.73 VEHICLE MAINTENANCE/EXPENSES 30190 IB AUTO PARTS INC 599424 03/23/2023 $18,720.00 CONTRACT SERVICES 3909 INSIGHT PRACTICE PARTNERS 599425 03/23/2023 $43,596.50 CONTRACT SERVICES 2539 JL GROUP LLC 599426 03/23/2023 $2,280.00 MACHINERY & EQUIPMENTS 3733 KEY CODE MEDIA, INC. 599427 03/23/2023 $2,700.00 CONTRACT SERVICES 4000 LOS ANGELES COMMUNITY GARDEN COUNCIL 599428 03/23/2023 $454.61 CONTRACT SERVICES 37280 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT 599429 03/23/2023 $599.00 ADVERTISING/PRINTING SERVICES 3915 LOWELL EDWARD KUM SOON SUE 599430 03/23/2023 $13,050.74 CONTRACT SERVICES 34750 MBN SERVICES INC 599431 03/23/2023 $1,805.88 VEHICLE MAINTENANCE/EXPENSES 2480 SOCAL AUTO & TRUCK PARTS INC 599432 03/23/2023 $975.00 CONTRACT SERVICES 26370 NAVARROS TOWING SERVICE 599433 03/23/2023 $207.51 SUPPLIES 15620 OFFICE DEPOT INC 599434 03/23/2023 $250.00 GENERAL GOVERNMENT 4019 SARAH PADILLA 599435 03/23/2023 $20.77 UTILITY SERVICES 36610 CITY OF PICO RIVERA 599436 03/23/2023 $565.96 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY 599437 03/23/2023 $440.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOC., INC. 599438 03/23/2023 $12,500.00 CONTRACT SERVICES 3613 PYRO SPECTACULARS INC 599439 03/23/2023 $4,203.84 GOLF 43510 QUIET CANNON MONTEBELLO INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599440 03/23/2023 $270.00 GENERAL GOVERNMENT 4015 NICKY RAMIREZ 599441 03/23/2023 $1,189.50 TRAINING 51460 RIO HONDO COMMUNITY COLLEGE 599442 03/23/2023 $100.00 TRAVEL & MEETINGS 3849 GARY T ROBINSON 599443 03/23/2023 $119.07 VEHICLE MAINTENANCE/EXPENSES 716 SOUTH BAY FORD INC 599444 03/23/2023 $9,210.62 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599445 03/23/2023 $19,319.64 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 599446 03/23/2023 $445.00 DUES & SUBSCRIPTIONS 4160 SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FED 599447 03/23/2023 $198.00 CONTRACT SERVICES 9270 TANK SPECIALIST OF CALIFORNIA 599448 03/23/2023 $3,107.31 VEHICLE MAINTENANCE/EXPENSES 60710 THE AFTERMARKET PARTS COMPANY LLC 599449 03/23/2023 $2,764.44 CONTRACT SERVICES 3479 THERMA LLC 599450 03/23/2023 $122.84 SALES TAX LIABILITY 3110 TOMAS ALVARADO 599451 03/23/2023 $2,868.72 UTILITY SERVICES 72570 US TELEPACIFIC CORP 599452 03/23/2023 $19,583.33 CONTRACT SERVICES 3187 TRISTAR RISK MANAGEMENT 599453 03/23/2023 $2,865.12 PREPAID EXPENSES 1188 TYLER TECHNOLOGIES INC 599454 03/23/2023 $687.63 SUPPLIES 45120 ULINE INC
599455 03/23/2023 $28,582.96 CONTRACT SERVICES 3406 UNIVERSAL PROTECTION SERVICES LP 599456 03/23/2023 $8,302.29 CONTRACT SERVICES 37 US SECURITY ASSOCIATES INC 599457 03/23/2023 $939.25 VEHICLE MAINTENANCE/EXPENSES 2701 VARGAS DIESEL INC 599458 03/23/2023 $1,148.90 UTILITY SERVICES 23610 VERIZON WIRELESS 599459 03/23/2023 $16,998.72 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN 599460 03/23/2023 $803.72 VEHICLE MAINTENANCE/EXPENSES 25860 WAYNE HARMEIER INC 599461 03/23/2023 $17,195.00 CONTRACT SERVICES 40860 WEST COAST ARBORISTS INC 599462 03/23/2023 $72.77 SUPPLIES 33390 WHITTIER FERTILIZER COMPANY 599463 03/23/2023 $111.10 TRAINING 54160 MONIQUE DELLIBOVI 599464 03/23/2023 $95.00 GENERAL GOVERNMENT 3911 RICARDO ZEPEDA 599465 03/30/2023 $250.00 GENERAL GOVERNMENT 3948 GUSTAVO PEREZ DIAZ 599466 03/30/2023 $3,416.00 ADVERTISING/PRINTING SERVICES 3824 AAA RENTS AND EVENTS INC

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599467 03/30/2023 $6,570.47 UTILITY SERVICES 39550 AT&T 599468 03/30/2023 $58.95 UTILITY SERVICES 39550 AT&T
599469 03/30/2023 $1,260.00 VEHICLE MAINTENANCE/EXPENSES 278 ATLAS RADIATOR INC 599470 03/30/2023 $7,663.00 CONTRACT SERVICES 3953 BANNER BANK 599471 03/30/2023 $2,535.75 ADVERTISING/PRINTING SERVICES 4014 NIKO BEGAKIS 599472 03/30/2023 $1,140.00 TRANSIT MISCELLANEOUS REVENUE 4004 CALI ROSE PARTY DESIGN LLC 599473 03/30/2023 $459.60 VEHICLE MAINTENANCE/EXPENSES 45170 MONTEBELLO AUTO GROUP LLC 599474 03/30/2023 $891.34 CONTRACT SERVICES 36870 CINTAS CORPORATION NO 3 599475 03/30/2023 $2,190.03 SUPPLIES 2455 HASA, INC.
599476 03/30/2023 $18,665.97 CONTRACT SERVICES 3210 CT&T CONCRETE PAVING INC 599477 03/30/2023 $3,240.00 CONTRACT SERVICES 2019 DEWEY SERVICES INC 599478 03/30/2023 $1,885.12 MACHINERY & EQUIPMENTS 36880 EBERHARD EQUIPMENT 599479 03/30/2023 $150.00 DUES & SUBSCRIPTIONS 70230 FOOTHILL FIRE CHIEFS ASSOCIATION 599480 03/30/2023 $1,107.30 VEHICLE MAINTENANCE/EXPENSES 29160 FORD OF MONTEBELLO 599481 03/30/2023 $250.00 GENERAL GOVERNMENT 4022 VALERIE FREGOSO 599482 03/30/2023 $600.00 CONTRACT SERVICES 3873 CARYN GARCIA 599483 03/30/2023 $246,002.48 CONTRACT SERVICES 13750 CITY OF GLENDALE 599484 03/30/2023 $860.00 ADVERTISING/PRINTING SERVICES 4005 NELLY HERNANDEZ 599485 03/30/2023 $25,771.85 CONTRACT SERVICES 4810 LA COUNTY DEPT OF PUBLIC WORKS 599486 03/30/2023 $4,824.06 CONTRACT SERVICES 3489 MARK THOMAS & COMPANY INC 599487 03/30/2023 $1,556.42 SUPPLIES 3608 MARTIN MARIETTA MATERIALS INC 599488 03/30/2023 $153.50 TRAINING 4023 DENISE MONTANEZ 599489 03/30/2023 $16,897.72 MACHINERY & EQUIPMENTS 450 MUNICIPAL EMERGENCY SERVICES INC 599490 03/30/2023 $898.91 SUPPLIES 15620 OFFICE DEPOT INC 599491 03/30/2023 $7,017.80 CONTRACT SERVICES 3526 PATH 599492 03/30/2023 $599.00 CONTRACT SERVICES 3055 CHARLES R ONEAL 599493 03/30/2023 $213.35 UNIFORM EXPENSE 56260 PRUDENTIAL OVERALL SUPPLY

EXHIBIT A
WARRANT # DATE AMOUNT ACCOUNT DESCRIPTION VENDOR # VENDOR NAME City of Montebello
Register of Demands No.1549
From Payment Date 03/03/23 - To Payment Date 03/30/23
599494 03/30/2023 $275.00 CONTRACT SERVICES 42750 PSYCHOLOGICAL CONSULTING ASSOC., INC. 599495 03/30/2023 $3,440.87 UTILITY SERVICES 14730 SAN GABRIEL VALLEY WATER CO 599496 03/30/2023 $8,000.00 CONTRACT SERVICES 3583 SHOCKWAVE ELECTRIC INC 599497 03/30/2023 $33,701.09 UTILITY SERVICES 45630 SOUTHERN CALIFORNIA EDISON 599498 03/30/2023 $781.19 UTILITY SERVICES 40520 SOUTHERN CALIFORNIA GAS CO 599499 03/30/2023 $858.39 FRINGE BENEFITS 1990 STANDARD INSURANCE COMPANY 599500 03/30/2023 $810.55 CONTRACT SERVICES 3397 STERICYCLE INC 599501 03/30/2023 $5,882.00 CONTRACT SERVICES 170 SUPERIOR PAVEMENT MARKINGS INC 599502 03/30/2023 $8,345.16 UTILITY SERVICES 526 T-MOBILE USA INC 599503 03/30/2023 $49,276.20 CONTRACT SERVICES 3850 VARIABLE SPEED SOLUTIONS, INC. 599504 03/30/2023 $469.72 UTILITY SERVICES 23610 VERIZON WIRELESS 599505 03/30/2023 $3,270.40 OTHER GROUP INSURANCE PAYABLE 58990 VISION SERVICE PLAN CHECK TOTAL $2,572,057.03
Successor Agency SA
13 03/16/2023 $864.90 CONTRACT SERVICES 16120 ALVAREZ-GLASMAN & COLVIN SA ACH TOTAL $864.90
1501 03/16/2023 $2,255.00 CONTRACT SERVICES 15180 STEARNS CONRAD AND SCHMIDT CONSULTING ENG SA CHECK TOTAL $2,255.00
GRAND TOTAL $8,086,380.17

ITEM # 21
APPROVAL OF MINUTES: JANUARY 30, 2023 SPECIAL CITY COUNCIL MEETING AND FEBRUARY 2, 2023 SPECIAL CITY COUNCIL MEETING

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CITY OF MONTEBELLO

SPECIAL CITY COUNCIL MEETING AGENDA

MINUTES
THURSDAY, FEBRUARY 2, 2023 AT 6:00 PM

CITY HALL COUNCIL CHAMBERS
1600 WEST BEVERLY BOULEVARD

MONTEBELLO, CALIFORNIA
TELECONFERENCE LOCATION FOR COUNCILMEMBER MELENDEZ:

HILTON SANTA BARBARA BEACHFRONT RESORT

LOBBY AREA
633 E. CABRILLO BOULEVARD
SANTA BARABARA, CA 93103

OPENING CEREMONIES

CALL TO ORDER
Mayor Torres called the meeting to order at 6:01 p.m.

ROLL CALL
Members present were Mayor Torres, Mayor Pro Tem Peralta, and Councilmember Tamayo; Councilmember Melendez joined the meeting via teleconference and was not within the City boundaries. At this time, the two at-large seats remained vacant; Councilmember Jimenez and City Treasurer Matanga were absent. City Clerk Jimenez was also present for this meeting. Prior to the start of the meeting, the Senior Deputy City Clerk asked for clarification on whether holding the meeting would be a violation of the Brown Act as Government Code 54953 states that the majority of the Council has to participate in person within the City boundaries. City Attorney Alvarez-Glasman stated that three members constitute a quorum.

City Attorney Arnold Alvarez-Glasman, Assistant City Manager Arlene Salazar, Senior Deputy City Clerk Alicia Fernandez, Deputy City Clerk Kimberly Guillen were 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.

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February 2, 2023: City Council Meeting Minutes Page 2 of 2

The City Clerk’s Office acknowledged four (4) 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 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.

REGULAR SESSION

REGULAR BUSINESS

1. INTRODUCTION AND FIRST READING AND WAIVE FULL READING OF AN ORDINANCE AMENDING SECTION 2.08.050 OF THE MONTEBELLO MUNICIPAL CODE TO REPEAL THE PROVISION

ESTABLISHING A TEMPORARY SEVEN MEMBER CITY COUNCIL TO CAUSE THE CITY COUNCIL TO

REMAIN A FIVE MEMBER BODY

RECOMMENDATION: It is recommended that the City Council introduce and conduct a first reading and waive full reading of an Ordinance repealing that portion of the Montebello Municipal Code section 2.08.050(G) that established a temporary 7-member City Council to cause the City Council to remain a 5-member body.

Mayor Torres explained why he called the special meeting.

Councilmember Tamayo motioned to approve the item, seconded by Mayor Pro Tem Peralta; the motion was approved unanimously by four councilmembers present.

ADJOURNMENT
The City of Montebello will adjourn to the next Regular Meeting on February 8, 2023, at 5:00 p.m. which can be live- streamed at https://www.montebelloca.gov (Click on Live Stream).

Date and Posted: February 1, 2023, at 5:00 p.m.

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 Sunday, February 1, 2023, at 5:00 p.m.

Alicia Fernandez, Sr. Deputy City Clerk

Mayor Pro Tem Peralta motioned, seconded by Councilmember Tamayo to adjourn the meeting at 6:24 p.m.

THE MINUTES OF FEBRUARY 2, 2023 ARE HEREBY APPROVED AND ADOPTED ON THIS 10TH DAY OF APRIL 2023.

2/2/23 PUBLIC COMMENTS

1 Rodarte, Alejandro
From: Miguel Bautista <[email protected]>
Sent: Thursday, February 2, 2023 3:13 PM
To: Comment, ccpublic; Jimenez, Christopher
Subject: [External Email] Special meeting
Hello Council;
I do not understand what the emergency of a Special second meeting is in one week. Could this issue not wait 6 days? Or is it because of the people behind the scenes that gave money to you Mayor Torres and Pro Tem Peralta for Pot dispensaries? You are by far the worst Mayor in our city's history and people are already asking when can they do a Recall against you.

Once those employee lawsuits are filed my bet is the crooked Attorney Glassman will want to settle out of court so it doesn't go public. Your attack and mistreatment of employees are a disgrace, and those morons supporting will realize you're a phony.

Go ahead and email me to meet, I would love to tell you this to your face, unfortunately, many of us residents have jobs, unlike you to be there in person.

Sincerely,
Miguel Bautista

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***PLEASE DO NOT CLICK ON UNKNOWN LINKS. Contact Montebello IT Division if you are unsure.***

28905 Wight Road
Malibu, California 90265
(310) 457-0970
[email protected]

VIA EMAIL

February 2, 2023

David Torres - Mayor
Scarlet Peralta – Mayor Pro Tem
Angie Jimenez – City Council Member
Salavador Melendez – City Council Member
Georgina Tamayo – City Council Member
Christopher Jimenez – City Clerk
Arnold Alvarez-Glassman – City Attorney
City of Montebello

Re: Quorum Necessary to Fill Perceived Council Vacancies

I was asked by some of you to address whether, assuming the Montebello City Council has seven seats, three members of the Montebello council can appoint two new members to vacancies outside the presence of the other two current members.

The simple answer is no. A quorum is required to appoint councilmembers to fill vacancies in nearly all circumstances, just as it is required to take nearly any action, and a quorum of a seven-seat council is four members.

The decision in Price v. Tennant Community Services District (1987) 194 Cal.App.3d 493 is directly on point. In Price, the court considered whether a quorum (in that case three members of a five-seat board) was required to appoint new members to fill vacancies. The court determined that a quorum was required, and thus reversed the decision of the trial court.

As explained in Price, a quorum is a majority of the total size of a board. In order for there to be any vacancies at all on the Montebello City Council, there must be at least seven seats on the council (a point that is itself dubious). If there are seven seats, a quorum is at least four members. Without four members, non-ministerial acts cannot be performed by a seven-member city council. Of course, if the Montebello council is five seats, then there is no need or ability to appoint anyone because there are no vacancies.

While a creative advocate – not an evenhanded judge – looking to justify

February 2, 2023

appointments by less than a quorum of a city council, might point to Nesbitt v. Boltz (1939) 13 Cal.2d 677, that case does not support that position. As the court in Price explained, the Nesbitt decision addressed a very narrow unique situation – the peculiar statutory scheme of recall elections that existed at that time (but has since been replaced). Where, unlike in Nesbitt, the Government Code (or another statute) requires a quorum for action by a governing board, the Nesbitt decision is inapplicable. The Government Code requires a quorum for city council action, just like it required a quorum for a community services district to take action in Price. (See Gov't Code 36810).

Attempting to act without a quorum of four members present, would only serve to invite costly and inevitable litigation.

I hope this is helpful in aiding you to navigate the uncertainty created by a poorly crafted ordinance. If I can be of further assistance, or you would like to discuss this matter, please feel free to call me at 310-457-0970.

Very truly yours,

Kevin Shenkman
Kevin I. Shenkman

Item # Description Session Department   Presenter
HUD Annual Action Plan  Public Hearing Planning Joseph  Palombi Police Management Association Labor Agreement Regular  Business HR Nick  R.

Dog Park Proposal/Direction Consent Public Works James  Enriquez Award Agreement No. XXXX for Charter Bus Services Consent Parks & Rec David  Sosnowski Special Needs Programs/Direction Consent Parks & Rec David  Sosnowski Request City Council to approve a resolution against the Taxpayer Protection and Government Accountability Act (AG‐210042A1) Consent Finance Michael  Solorza Zen City Renewal Consent Public Affairs Michael  Chee
Local Hazard Mitigation Plan RFP Proposal Consent Fire
Chief Pelaez/Angelica
Palmeros
Minutes Consent Administration ACM  Salazar
Reso No. ___ Warrant Register Consent Finance Michael  Solorza City Council Forecasted Agenda Calendar - April
APRIL 26TH
Updated 4/6/2023